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17.12 - 1 CHAPTER 17.12 BINDING SITE PLANS SECTION: 17.12.010: Purpose of Binding Site Plans 17.12.020: Plat Administrator 17.12.030: Application 17.12.035: Expiration 17.12.040: Alteration 17.12.045: Alteration Procedure 17.12.050: Vacation 17.12.055: Construction of Improvements 17.12.060: Recording and Enforcement 17.12.070: Roads and Rights-of-Way 17.12.080: Plat Map 17.12.090: Notice of Filing 17.12.010: Purpose of Binding Site Plans: The purpose of the Binding Site Plan is to establish an alternative procedure of land division in lieu of other provisions of Title 17. The intent of the binding site plan process is to promote orderly and efficient community growth consistent with the provisions of RCW 58.17.035. The division of property by the binding site plan process may only be used for the following: Division of land for the sale or lease of commercial, industrial or other non- residentially zoned property; The division of land for the purposes of leasing space for manufactured homes, travel trailers or other recreational vehicles so long as the site plan complies with all other applicable regulations; and The division of land involving improvements constructed or to be constructed that will be one or more condominiums or owned by an association or other legal entity. Binding Site Plans will not be approved unless appropriate provisions and dedications of public right-of-ways, utilities, and easements are made to meet infrastructure provisions per City standards. City may require a development agreement to be in place for the property for future development. (Ord. 5415 Sec. 16, 2012: Ord. 5280 Sec. 1, 2010) 17.12.020: Plat Administrator: The Plat Administrator (“Administrator”) will summarily approve, conditionally approve, or disapprove proposed binding site plans (Ord. 5415 Sec. 17, 2012: Ord. 5280 Sec. 1, 2010) 17.12.030: Application: All binding site plan applicants must submit a completed and signed application including the following: A required number of copies and one reproducible copy of a binding site plan map prepared by or under the direct supervision of a professional land surveyor licensed by the State of Washington, in accord with Section 17.12.080; A title report dated no later than 60 days prior to the date of application ---PAGE BREAK--- 17.12 - 2 showing the name of anyone with an interest in the land being subdivided; Preliminary engineering plans including, but not limited to, water, sewer, streetlights, roads, storm drainage and sidewalks; A filing fee in accord with the adopted fee schedule; and A SEPA checklist consistent with the provisions of KMC 4.08.510(2). (Ord. 5645 Sec. 1, 2016: Ord. 5415 Sec. 18, 2012: Ord. 5280 Sec. 1, 2010) 17.12.035: Expiration: Expiration of permits and applications under this Chapter shall be determined as provided under KMC 4.12.075. (Ord. 5469 Sec. 1, 2012) 17.12.040: Alteration: When any person desires the alteration of an approved binding site plan or portion thereof, an application shall be filed with the City on forms provided by the City. The application must include the signatures of a majority of the owners of the lots, tracts, parcels, sites or divisions in the division or portion to be altered and include a list of all owners within the division. If the division is subject to restrictive covenants, which were filed at the time of the approval of the division and the alteration would result in the violation of a covenant, the application must be signed by all parties subject to the covenants. (Ord. 5415 Sec. 19, 2012: Ord. 5280 Sec. 1, 2010) 17.12.045: Alteration Procedure: Upon receipt of a completed application, the Administrator shall notify all owners of property within the binding site plan and as provided in KMC 4.12.090. Any proposed modification which would amend conditions established administratively shall be circulated to affected agencies for review and comment. An amended decision or amended conditions of approval may be required based on comments received from affected agencies. The Administrator may waive formal processing if it is determined that the proposed modification would not have a substantial impact on adjacent properties or conditions of approval. This process shall not apply to amending site plans or conditions thereof established by a hearing body that would constitute a change of condition. Alterations may be approved by the Administrator, if the Administrator determines that the public use and interest will be served by the alteration. (Ord. 5415 Sec. 20, 2012) 17.12.050: Vacation: A binding site plan may be vacated by the Administrator in accord with KMC Chapter 17.16. (Ord. 5415 Sec. 21, 2012: Ord. 5280 Sec. 1, 2010) 17.12.055: Construction of Improvements: Prior to final binding site plan approval: 1 All public rights-of-way must be improved and utilities installed to the minimum requirements of this code and the binding site plan. Improvements may be greater than the minimum requirements, subject to approval of the Public Works Director. 2 All required infrastructure improvements must be substantially completed as approved by the Public Works Director. Minor improvements consisting only of sidewalks and landscaping where applicable, or similar improvements, as determined solely by the Public Works Director may be secured by a bond. 3 In lieu of completion of these minor improvements, prior to recording of the binding site plan, a bond issued by a licensed corporate surety or two individual sureties or other approved surety must be provided, to the full amount of the cost of such work multiplied by 125%, as estimated or approved by the Public Works Director, including construction inspection costs, but in no case less than $2,000.00. ---PAGE BREAK--- 17.12 - 3 4 All or a portion of security will be released upon acceptance of the improvements by the Public Works Director, or upon substitution of another guarantee or approved bond or security. 5 If, after two years, all improvements are not so improved, the City will cause the improvements to be provided in accord with the approved plans, and the costs thereof must be paid by the bonding company, or out of the savings account assignment or other security. 6 In lieu of the bond, a cash bond, a certified check, an irrevocable letter of credit, or other surety approved by the City Manager and City Attorney, equal to the cost of improvement multiplied by 125% may be posted. In addition, the City may require security up to two years against any defect in workmanship or materials in the installation of the improvements. 7 Improvements must be designed and certified by a registered civil engineer prior to the acceptance. All city utility and street improvements must be approved by the Public Works Director prior to issuance of a building permit for any structure within the binding site plan. (Ord. 5704 Sec. 1, 2017) 17.12.060: Recording and Enforcement: All approved binding site plans must be recorded with the Benton County Auditor. The lots, parcels, or tracts created through this procedure are legal lots of record. All provisions, conditions, and limitations on the binding site plan are binding on the owner, purchaser, or any other person acquiring a lease or other interest of any lot, parcel, or tract created pursuant to the binding site plan. Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan, without a binding site plan approval, is a violation of RCW 58.17 and this Title. It may be restrained by injunction in accord with Section 17.04.900. (Ord. 5415 Sec. 22, 2012: Ord. 5280 Sec. 1, 2010) 17.12.070: Roads and Rights-of-Way: The City Engineer will review each application to determine if there is or may be a need for public access through or abutting a proposed binding site plan. If such a need does or may exist, he may recommend that any approval be conditioned upon the dedication of right-of-way and the construction of needed streets to city standards. If the proposed binding site plan abuts an existing right-of-way, the City Engineer may recommend that additional right-of-way be dedicated to obtain one-half the required width of the street as established by any street plan and that the right-of-way be improved to city standards. (Ord. 5415 Sec. 23, 2012: Ord. 5280 Sec. 1, 2010) 17.12.080: Plat Map: The binding site plan must be filed for record in the County Auditor’s office. The conditions of approval must be recorded and the auditor’s file number listed on the face of the binding site plan. The binding site plan must be of the entire contiguous tract and must include the following: 1 The parent parcel tax ID number; 2 Street address designated by the City; 3 The name of the plat, property owners and boundaries of abutting property; 4 A completed survey showing the boundaries of the parent parcel and the proposed parcel(s), and a description of all monuments set; 5 The legal description of the boundary of the proposed lot/plat(s); 6 The location of all existing structures to remain, existing septic tanks, drain fields and wells with dimensions shown to new proposed lot lines; ---PAGE BREAK--- 17.12 - 4 7 The location of roads, utilities, easements, or rights-of-way proposed for the binding site plan; 8 Any dedication must be shown on the face of the record survey; 9 Notarized signatures of all parties, having an interest in the land agreeing to the division of property and the dedication of any rights-of-way or easements; 10 All existing and planned intersection locations and widths to include public and private roadway intersections, driveways, and recorded access easements for roadways shall be shown for a distance of 300 feet from the plat edges along any adjacent roadways. The City Traffic Engineer may consider exceptions to this requirement; 11Approval of certificates as shown below: Owner’s Certificate: I/We (owner’s name) of (Company name, if owned by a company), hereby certify that we are the owners of the tract of land described hereon, and that we have caused said land to be surveyed and the lots created as shown on this record survey and a binding site plan and that the street right-of-way and the utility easements are hereby dedicated to the use of the public. Signature Date Land Surveyor’s Certificate: I, (surveyor’s name), a registered land surveyor, hereby certify that the binding site plan as shown hereon is based on an actual field survey of the land described and that all corners and dimensions are correctly shown and that said record survey is staked on the ground as indicated hereon. Signature Date Treasurer’s Certificate: I hereby certify that the taxes on the land described hereon have been paid to and including the year . Tax Parcel Number Benton County Treasurer Date Irrigation District Certificate: Non-Irrigable Lands (Dry) – Certificate: This land is within the Kennewick Irrigation District boundaries, but is not assessed at this time and the irrigation easements are approved as shown. Signature Title ---PAGE BREAK--- 17.12 - 5 Date (ii) Irrigable Lands – Certificate: The irrigation assessments on the land described hereon are paid through the year The irrigation right-of-way and easements as shown hereon are hereby approved and the completed irrigation water distribution system has been installed or provision made for its installation. Signature Title Date Public Utility District Certificate: The utility easements are hereby approved by Benton Public Utility District No. 1. Signature Title Date City of Kennewick Plat Administrator’s Certificate: The binding site plan is hereby approved by and for the City of Kennewick, Benton County, Washington. City of Kennewick File Number Signature Title Date Auditor’s Certificate: Filed for record this day of (Month), (Year), at minutes past and recorded in volume of surveys, page at the request of Benton County Auditor Fee number Index Number 12 A vicinity map; and Title of the map saying “Binding Site Plan and the City’s official file number.” (Ord. 5415 Sec. 24, 2012: Ord. 5280 Sec. 1, 2010) 17.12.090: Notice of Filing: Notice of filing of a binding site plan adjacent to or within one mile of another municipal boundary, must be given to the appropriate municipal official. Notice of such filing located adjacent to the right-of-way of any existing or proposed state or ---PAGE BREAK--- 17.12 - 6 federal highway, must be given to the State Department of Transportation. Notice of the filing may be given to any other agency deemed prudent by the City. (Ord. 5280 Sec. 1, 2010)