The purpose of this chapter is to create a process for an alternative method of land division using the binding site plan process pursuant to RCW 58.17.035.
(Ord. 2017-22 § 2 (Exh. A (part)), 2017)
Division of land using the binding site plan process is limited to:
A.
Divisions for the purpose of sale or lease in the following zoning districts: commercial (C) zoning districts, and office commercial industrial (OCI), business park (BP) or light industrial (LI) zoned property.
B.
Divisions for the purpose of lease when no residential structures other than mobile homes or travel trailers are permitted to be placed on the land.
(Ord. 2017-22 § 2 (Exh. A (part)), 2017)
All binding site plan applications are processed as a Type II application according to the provisions of Title 19.
(Ord. 2017-22 § 2 (Exh. A (part)), 2017)
An application for a binding site plan shall contain the submittal requirements as identified in the applicable application form.
(Ord. 2017-22 § 2 (Exh. A (part)), 2017; Ord. 2025-10 § 2 (Exh. A), 2025)
A.
A proposed binding site plan may be approved only if the following findings are made by the review authority:
1.
The binding site plan conforms to the requirements of this title.
2.
The proposed binding site plan conforms to the site requirements for the zoning district in which the property is located and other applicable zoning provisions.
3.
The proposed binding site plan:
a.
Makes adequate provision for streets, roads, alleys, other public ways, and transit stops as required; and the proposed street system provides for the safe, orderly and efficient circulation of traffic.
b.
Will be adequately served with water, sewer, storm drainage, and other utilities appropriate to the nature of the binding site plan.
c.
Makes adequate provisions for sidewalks and other planning features that provide safe walking conditions for students who walk to and from school.
e.
Serves the public interest and makes appropriate provisions for the public health, safety, and welfare.
B.
If the findings in subsection A of this section have not been met, the review authority shall deny the proposed binding site plan, unless specified conditions have been issued to fully satisfy the criteria.
C.
Where a binding site plan is to be developed in divisions, each division must be approved as a “stand alone” division, and all infrastructure necessary to support the division is improved prior to issuance of building permits for the specific division.
(Ord. 2017-22 § 2 (Exh. A (part)), 2017)
A.
The review authority shall approve, approve with conditions, or deny a binding site plan application. The decision shall be in writing and shall include findings and conclusions based on the record to support the decision.
B.
Approval by the review authority of the binding site plan shall constitute authorization for the applicant to develop the required binding site plan improvements, upon review and approval of final engineering construction drawings by the city engineer as set forth in Section 17.50.070. All development of a binding site plan shall be subject to any conditions imposed by the city on the binding site plan approval.
(Ord. 2017-22 § 2 (Exh. A (part)), 2017)
A.
Engineering and construction plans for streets, roads, drainage controls, utilities and other proposed or conditioned improvements shall be prepared, submitted and reviewed for approval by the city engineer prior to the commencement of on-site clearing or construction activities.
B.
Plans and technical information reports required shall be submitted to the city engineer and prepared consistent with the city’s construction standards and specifications requirements.
C.
The approved binding site plan shall be surveyed by a land surveyor per requirements of Section 17.80.080.
D.
All required facilities and improvements shall be completed prior to binding site plan recording, as set forth in Section 17.80.090.
E.
Final survey, drawing and documents prepared for recording shall be submitted to the city engineer for review and approval prior to binding site plan recording.
F.
All documents necessary for facilities to be dedicated to the public, including but not limited to streets, roads, sanitary sewer facilities, storm drainage systems and water supply systems, shall be submitted to the city engineer for review and approval prior to binding site plan recording.
G.
A final copy of the binding site plan’s covenants, conditions and restrictions (CCRs) shall be submitted to the city for review and approval prior to binding site plan recording.
H.
If the binding site plan includes condominiums, pursuant to Chapter 64.32 or 64.34 RCW, the following statement must be included on the face of the binding site plan: “All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now and hereafter having any interest in the land described herein.”
I.
A declaration is required on the face of the binding site plan and in the covenants, conditions and restrictions (CCRs) stating the following: “All development of the property shall be in conformity with the approved binding site plan and any existing or subsequent applicable permit approval. All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or any person acquiring a lease or other ownership interest of any lot, parcel, or tract that does not conform to the requirements of the binding site plan approval, shall be considered a violation.”
(Ord. 2017-22 § 2 (Exh. A (part)), 2017)
All binding site plans shall be recorded in compliance with the following:
A.
Prior to recording, the applicant shall submit an original binding site plan drawing for the following signature(s):
1.
Signature and date lines for certification by a registered land surveyor of the state of Washington that the binding site plan and legal descriptions were prepared under his or her direct supervision;
2.
Signature and date lines for the approvals of the city engineer and planning and economic development (PED) director;
3.
Signature and date lines subscribed by all owners and acknowledgment of all owners’ signatures.
B.
Prior to recording, the property owner shall ensure all requirements by the Kitsap County treasurer regarding property taxes have been met.
C.
Recording shall not be authorized by the city engineer unless and until all required facilities and improvements are completed as provided in Section 17.80.100.
D.
Prior to recording, the city engineer may require a maintenance bond or other suitable security as set forth in Section 17.80.100(E). The PED director may require a maintenance bond or other suitable security for landscaping as set forth in Section 18.130.060.
E.
The city is responsible for the recording of the binding site plan drawing and all other legal documents, including but not limited to: lot, parcel and tract legal descriptions; utility and access easements; street and other public use dedications; conditions of approval; and CCRs; at the Kitsap County auditor. Recording fees shall be the responsibility of the applicant.
(Ord. 2017-22 § 2 (Exh. A (part)), 2017)
A.
Binding site plan approval shall expire three years from the date of the notice of decision if the binding site plan has not been recorded.
B.
Upon written request by the property owner filed no less than thirty days prior to the date of expiration, the PED director and city engineer may grant an extension of time up to but not exceeding one year. Any extensions of time shall be based upon finding:
1.
There has been no material change of circumstances applicable to the property since binding site plan approval.
2.
The applicant has attempted in good faith to submit the final binding site plan within the three-year period and the likelihood that the binding site plan will be recorded within the additional year.
3.
The city shall not grant more than one extension.
C.
If a binding site plan has not been recorded after the initial three-year validity or after the additional one-year extension, it will be considered expired and a new application will be required to be submitted.
(Ord. 2017-22 § 2 (Exh. A (part)), 2017)
A.
Modifications to binding site plans after city approval, but prior to recording with the Kitsap County auditor, may be requested by submitting a completed subdivision modification application form, any identified submittal requirements, and the required application fee. All property owners having an ownership interest shall sign the application form.
B.
Binding site plan modifications shall be processed as a Type I application according to the provisions of Title 19.
C.
The following are examples of modifications (but are not limited to), which may be considered and approved under this section:
1.
Technical engineering items and details, unless the proposed detail modifies or eliminates features specifically required as an element of approval.
2.
Minor changes in lot or tract lines or dimensions, with no change in density; and minor changes to street alignment or utility design.
3.
Reduction in the number of lots approved, as long as the modification meets the minimum density requirement.
4.
Minor changes to clarify notations on the face of the plat.
5.
A change to a condition of approval that does not modify the intent of the original condition.
6.
Reconfiguration of any designated landscaping, open spaces or recreation areas; provided, that no reduction in overall area occurs.
D.
When approving a binding site plan modification, the review authority shall make written findings and conclusions. Modifications must meet the following criteria:
1.
The modification complies with all of the requirements of this chapter and other applicable chapters of the Poulsbo Municipal Code.
2.
There will not be substantial changes in the impacts on the neighborhood or the city as a result of the modification.
3.
No increase in density, number of dwelling units or lots, or square footage is proposed.
4.
No new land use is proposed.
5.
The modification will not substantially alter any condition of approval.
6.
The modification does not reduce any designated open space or recreational amenity.
E.
Modifications which would result in an increase in the number of lots or density, or square footage than previously approved; significant redesign; street or stormwater redesign or relocation; or modifications that in the opinion of the review authority would significantly increase any adverse impacts or effects of the binding site plan shall require a new application and fee.
F.
The review authority’s decision will be the final decision of the city unless appealed in accordance with Title 19.
G.
A statement is required on the drawing and any other affected documents noting the changes and that the revised plat drawing/documents supersede the originally approved drawing/documents.
(Ord. 2017-22 § 2 (Exh. A (part)), 2017)