Chapter 16.56
BINDING SITE PLANS
Sections:
16.56.010 Generally.
16.56.020 Application requirements.
16.56.030 Contents of binding site plan diagram.
16.56.040 Dedications.
16.56.050 Approval of binding site plan.
16.56.060 Filing binding site plan.
16.56.070 Sale or transfer of subparcel.
16.56.080 Limitation upon development.
16.56.090 Vacation or alteration.
16.56.100 Concurrent application.
16.56.110 Application fee.
16.56.010 Generally.
The owners of property zoned with a commercial or industrial designation may seek binding site plan approval for all or a portion of their property. Final approval of the binding site plan may be granted only for that property or portion thereof where a final PUD or site plan approval has been approved, subject to the requirements stipulated in this chapter.
(Ord. 194 (1996) § 1 (part), 1996)
16.56.020 Application requirements.
An application for binding site plan shall include:
(1) A plat certificate from a title company showing all record owners of any encumbrances upon the property. The plat certificate shall be current within thirty days at the date of recording;
(2) A legal description of the property to be subdivided and of each subparcel shall be a part of the binding site plan;
(3) Eight sets of prints of the proposed binding site plan which meet the requirements of Section 16.56.030 shall be submitted for review and approval prior to recording.
(Ord. 194 (1996) § 1(1), 1996)
16.56.030 Contents of binding site plan diagram.
The diagram for a proposed binding site plan shall be as follows and shall contain the following:
(1) Drawn on stable-base mylar, polyester film or similar durable material eighteen by twenty-four inches. A line shall border each sheet having a two-inch margin on the left side (which shall be an eighteen-inch side) and a one-half inch margin on the remaining three sides;
(2) Drawn on a scale no smaller than one inch to one hundred feet which scale shall be graphically shown;
(3) The perimeter (which shall be shown by heavier lines) of the proposal, together with all subparcels;
(4) The direction and dimensions of the perimeter and all subparcels;
(5) Ties to permanent monuments of record;
(6) North point and origin of meridian;
(7) Controlling reference points or monuments;
(8) Subparcels labeled alphabetically;
(9) The name and locations of adjacent subdivisions, short subdivisions, large lot subdivisions and binding site plans;
(10) The location of all existing and proposed structures and related improvements consistent with the approved final PUD or site plan approval;
(11) The location of all existing and proposed streets, rights-of-way, and easements within and adjacent to the proposal and, where possible, labeling each of the foregoing by width, name and auditor’s file number;
(12) The location of all property to be dedicated and a textual declaration of the dedication;
(13) Signature and date lines for certification by a registered land surveyor of the state of Washington that the binding site plan and the legal descriptions, required by Section 16.56.020(2), were prepared under his or her direct supervision;
(14) Signature and date lines for the approvals of the director of public works, director of the department of community development and the health officer;
(15) Signature and date line for certification by the county treasurer that real property taxes are current;
(16) Signature and date lines subscribed by all owners and acknowledgment of all the owners’ signatures;
(17) Signature and date lines for approval by the board;
(18) A declaration that all development of the property shall conform to that shown on the binding site plan;
(19) A declaration that all development of the property shall conform to that depicted in the final PUD or site plan approval and a place in which to insert the approval date and file number of the final PUD or site plan approval;
(20) The binding site plan shall be prepared in accordance with RCW 58.17 and WAC 332-130;
(21) All corners of the real property to be divided shall be marked by three-quarter-inch galvanized iron pipe or like permanent marker and wooden witness stakes.
(Ord. 194 (1996) § 1(2), 1996)
16.56.040 Dedications.
In order to meet the public interest, approval of a binding site plan may be conditioned upon dedications for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools, school grounds, and other needs of the public. Dedications shall be those required pursuant to planned unit development or site plan approval applicable to the subject property.
(Ord. 194 (1996) § 1(3), 1996)
16.56.050 Approval of binding site plan.
The board may approve a binding site plan if the public use and interest will be served by its approval and it is consistent with the final PUD or site plan approval that applies to the property. Approval shall be indicated by the members of the board affixing their signatures to the binding site plan.
(Ord. 194 (1996) § 1(4), 1996)
16.56.060 Filing binding site plan.
An approved binding site plan shall be filed for record with the county auditor. No unapproved plan shall be accepted for filing.
(Ord. 194 (1996) § 1(5), 1996)
16.56.070 Sale or transfer of subparcel.
Once a binding site plan is approved and filed, the subparcels of property thereby created may be sold or transferred without the necessity of obtaining short subdivision or subdivision approval.
(Ord. 194 (1996) § 1(6), 1996)
16.56.080 Limitation upon development.
(a) No property within an approved binding site plan shall be used, improved or developed in a fashion contrary to that indicated by the binding site plan, or contrary to that indicated by the final PUD or site plan approval that applies to the property.
(b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any violation of this chapter shall constitute a Class I civil infraction. Each violation shall constitute a separate infraction for each and every day or portion thereof during which the violation is committed, continued or permitted. Infractions shall be processed in accordance with the provisions of the Civil Enforcement Ordinance (Chapter 2.116 of this code).
(Ord. 194-A (1997) § 1, 1997: Ord. 194 (1996) § 1(7), 1996)
16.56.090 Vacation or alteration.
Vacation or alteration of an approved binding site plan shall be processed pursuant to RCW 58.17.212 and RCW 58.17.215 respectively.
(Ord. 194 (1996) § 1(8), 1996)
16.56.100 Concurrent application.
Applicant may submit application for binding site plan concurrently with planned unit development or site plan approval applications.
(Ord. 194 (1996) § 1(9), 1996)
16.56.110 Application fee.
Upon submittal of the binding site plan the applicant shall pay the director a fee per the Kitsap County Development Permit Fee Schedule (Section 21.06.100).
(Ord. 291 (2002) § 11, 2002: Ord. 194 (1996) § 1(10), 1996)