The purpose of this article is to clearly delineate the criteria used by the county to review and approve binding site plans. A binding site plan is intended to provide an alternative means of dividing land. The binding site plan process provides a means for certain types of land division applications to be processed administratively based upon the development standards and regulations contained within this code and any other applicable ordinances and regulations. Binding site plans tie a future development to an approved set of conditions and site layout.
(Ord. 8-06 § 1; Ord. 9-24 § 3 (App. A (Exh. 2)))
This article shall only apply to one or more of the following:
(1) 
The use of a binding site plan to divisions of land for sale or lease of mixed use, commercial or industrial zoned property where the applicant proposes a unified scheme of development;
(2) 
Divisions of property for residential, commercial or industrial condominium development as provided for in JCC § 18.35.470; and
(3) 
Planned rural residential developments (PRRDs) proposed under Article VI-M of Chapter 18.15 JCC where full short or long subdivision of the land into separate, legally segregated lots, tracts or parcels is not required.
(Ord. 8-06 § 1; Ord. 9-24 § 3 (App. A (Exh. 2)))
For the purpose of approval of condominium developments, the provisions of this chapter regarding short subdivision and long subdivision shall not apply if:
(1) 
A land division is proposed as a condominium and does not result in the subdivision of land into separately owned lots in accordance with the definition for short or long subdivisions, but subjects a portion of a lot, tract or parcel to Chapter 64.34 RCW (the "Condominium Act") subsequent to the recording of a binding site plan for all such land;
(2) 
The improvements constructed or to be constructed thereon are required by the provisions of the binding site plan proposed for a condominium project;
(3) 
Jefferson County has approved a binding site plan for all such land; and
(4) 
The binding site plan contains the following statement:
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 Jefferson County, and in accordance with such other government 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 (1) or more condominiums or owned by an association or other legal entity in which the owners' associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all persons, businesses, corporations, partnerships or other entities now or hereafter having any interest in the land described herein.
(Ord. 8-06 § 1; Ord. 9-24 § 3 (App. A (Exh. 2)))
To be considered complete, applications for binding site plan approval shall include the following information:
(1) 
Applications for binding site plans shall be made on forms provided by the Jefferson County department of community development and shall be submitted to the department of community development, along with the appropriate fees established under the Jefferson County fee ordinance;
(2) 
A completed land use permit application form, including all materials required pursuant to Chapter 18.40 JCC;
(3) 
Mixed Use, Commercial and Industrial Binding Site Plans. In addition to materials required pursuant to subsections (1) and (2) of this section, a binding site plan application for mixed use, commercial or industrial proposals shall contain the same elements and information as a preliminary long plat, in accordance with JCC § 18.35.280, § 18.35.290 and § 18.35.300;
(4) 
Binding Site Plan for Residential Condominiums. In addition the materials required pursuant to subsections (1) and (2) of this section, a binding site plan for residential condominiums shall conform to the requirements of Chapter 64.34 RCW, the "Condominium Act." The applicant shall submit a sworn declaration from a registered land surveyor licensed in the state of Washington that all requirements of RCW 64.34.232, as now adopted and hereafter amended, have been satisfied. The county shall not be responsible for verification that the proposal complies with Chapter 64.34 RCW, but may rely upon the representation of the licensed surveyor. The applicant shall submit five copies of the binding site plan map for review. The site plan shall have dimensions of 18 inches by 24 inches and must be prepared by a registered surveyor licensed in the state of Washington. In addition to the requirements of Chapter 64.34 RCW, the binding site plan map must include the following information:
(a) 
The name of the condominium project;
(b) 
Legal description of the entire parcel;
(c) 
The date, scale, and north arrow;
(d) 
Boundary lines, rights-of-way for roads, streets, easements, and property lines of lots, the location of all open spaces, utilities, and other improvements with accurate bearings, dimensions of angles and arcs, and of all curve data describing the location of all improvements;
(e) 
Names and right-of-way widths of all roads or streets within the parcel and immediately adjacent to the parcel. Street names shall be consistent with the names of existing adjacent streets;
(f) 
Number of each lot and each block or division;
(g) 
Location, dimensions and purpose of any easements, noting if the easements are public or private;
(h) 
Location and description of monuments, boundary corners set, and all lot corners set and found;
(i) 
Datum elevations and primary control points approved by the department of public works. Descriptions and ties to all control points will be shown with dimensions, angles, and bearings;
(j) 
A dedicatory statement acknowledging public and private dedications and grants;
(k) 
The statement required by JCC § 18.35.470(4) must be on the face of the final binding site plan; and
(l) 
Other restrictions, conditions, and requirements as deemed necessary by the county, including all applicable development standards contained in Chapter 18.30 JCC and any standards incorporated therein.
(Ord. 8-06 § 1; Ord. 9-24 § 3 (App. A (Exh. 2)))
(1) 
Binding site plans shall be approved upon showing that all of the following have been satisfied:
(a) 
The proposed binding site plan conforms to all applicable county, state and federal zoning, land use, environmental and health regulations and plans, including but not limited to the following:
(i) 
The Jefferson County Comprehensive Plan; and
(ii) 
The provisions of this code, including any incorporated standards;
(b) 
Utilities and other public services necessary to serve the needs of the proposed binding site plan shall be made available, including open spaces, drainage ways, roads, streets and other public ways, potable water, transit facilities, sewage disposal, parks, playgrounds, schools, sidewalks and other improvements to assure safe walking conditions for students who walk to and from school;
(c) 
The probable significant adverse environmental impacts of the proposed binding site plan, together with any practical means of mitigating adverse impacts, have been considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with the State Environmental Policy Act (SEPA) implementing provisions contained within Chapter 18.40 JCC and Chapter 43.21C RCW;
(d) 
Approving the proposed binding site plan will serve the public use and interest and adequate provision has been made for the public health, safety and general welfare.
(2) 
Notwithstanding the approval criteria set forth in subsection (1) of this section, a proposed binding site plan may be denied because of flood, inundation or swamp conditions. Where any portion of the proposed binding site plan lies within both a flood control zone, as specified by Chapter 86.16 RCW, and either the 100-year floodplain or the regulatory floodway, the county shall not approve the binding site plan unless:
(a) 
The applicant has demonstrated to the satisfaction of the administrator that no feasible alternative exists to locating lots and building envelopes within the 100-year floodplain; and
(b) 
It imposes a condition requiring the applicant to comply with Article VI-F of Chapter 18.15 JCC and any written recommendations of the Washington State Department of Ecology. In such cases, the county shall issue no development permit associated with the proposed binding site plan until flood control problems have been resolved.
(Ord. 8-06 § 1; Ord. 9-24 § 3 (App. A (Exh. 2)))
(1) 
An application for a binding site plan approval shall be processed according to the procedures for Type III land use decisions established in Chapter 18.40 JCC.
(2) 
The administrator shall solicit comments from the director of the department of public works, the chief of the fire district in which the proposal is located, local utility providers, sheriff, building official, school district in which the proposal is located, adjacent jurisdictions if the proposal is within one mile of a city or other jurisdiction, Washington State Department of Transportation if the proposal is adjacent to a state highway, and any other local, state or federal officials as may be necessary.
(3) 
Based upon comments from county departments and applicable agencies, and other information, the administrator shall review the proposal subject to the criteria of JCC § 18.35.490. A proposed binding site plan shall only be approved when consistent with all the provisions of JCC § 18.35.490. Binding site plan approval may be based upon certain delineated conditions. The county shall make written finding and conclusions documenting compliance with all approval criteria. A binding site plan shall be granted preliminary approval only, until all improvements are installed or the county has received adequate guarantees or assurances of future installation of improvements.
(4) 
Upon satisfying all conditions of approval, if any, and satisfying all requirements of Chapter 18.30 JCC and any incorporated standards for the installation of all improvements, the administrator shall administratively approve the final binding site plan for filing with the Jefferson County assessor. The final binding site plan shall conform to the requirements of JCC § 18.35.370 and § 18.35.380, as applicable.
(5) 
For all condominium projects, prior to final approval, the applicant shall obtain the written approval from the Jefferson County assessor of the condominium CC&Rs.
(Ord. 8-06 § 1; Ord. 9-24 § 3 (App. A (Exh. 2)))
Binding site plans may be modified or vacated subject to the following:
(1) 
Binding site plans may be modified only if the modification is minor in nature and the original intent of the recorded binding site plan is not changed and if the modification does not adversely impact public health and safety, the environment, or the delivery of services to the site. The proposed modification must be clearly shown and be accompanied by a letter of explanation and application for a plat alteration. Upon administrative approval of such modification, the modifications shall become part of the binding site plan. If the proposed modification constitutes a substantial modification, the proposal shall be processed as a new binding site plan application.
(2) 
Prior to issuance of any building permit or other site development permits, including, but not limited to, clearing and grading permits, a binding site plan may be vacated as a whole only. Vacating a binding site plan releases all conditions and obligations on the parcel associated with such plan. A binding site plan may be vacated with the submission to DCD of a letter of intent to vacate the binding site plan. The letter shall become binding upon its acceptance by the administrator. If the binding site plan has been recorded with the Jefferson County auditor, notice of the vacation shall be recorded on forms acceptable to the Jefferson County auditor.
(3) 
After issuance of any building or other site development permits, including, but not limited to, clearing and grading permits, the process for vacation of all or part of a binding site plan is identical to the process for initial binding site plan approval.
(Ord. 8-06 § 1; Ord. 9-24 § 3 (App. A (Exh. 2)))
(1) 
Upon approval, a binding site plan shall follow the procedures of JCC § 18.35.420.
(2) 
After approval of the general binding site plan for commercial or industrial divisions, the approval for improvements and finalization of specific individual commercial and industrial lots shall be done by administrative approval.
(Ord. 8-06 § 1; Ord. 9-24 § 3 (App. A (Exh. 2)))
The applicant or owner of the property subject to a binding site plan shall obtain all permits for the development of a site within five years of its recording under JCC § 18.35.530. If the applicant fails to obtain all permits within five years, no site development permits shall be issued until the applicant files a new application and obtains binding site plan approval in accordance with this article.
(Ord. 8-06 § 1; Ord. 9-24 § 3 (App. A (Exh. 2)))
The applicant or owner of a property subject to a binding site plan having preliminary approval prior to the initial adoption date of this Unified Development Code (UDC) shall obtain final approval of the binding site plan within two years of the initial adoption of this code. If the applicant fails to obtain final binding site plan approval within two years, no site development permits shall be issued until the applicant files a new application and obtains binding site plan approval in accordance with this article.
(Ord. 8-06 § 1; Ord. 9-24 § 3 (App. A (Exh. 2)))
(1) 
All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser of any other person acquiring a lease or other legal or property interest of any lot, tract, or parcel created pursuant to the binding site plan.
(2) 
Any sale, transfer, or lease of any lot, tract or parcel created pursuant to the binding site plan, that does not conform to the requirements of the binding site plan, or without binding site plan approval, shall be considered a violation of this article.
(Ord. 8-06 § 1; Ord. 9-24 § 3 (App. A (Exh. 2)))