The purposes of this section are:
A. 
To provide an alternative administrative method for division of land for commercial and industrial zoned property or for condominiums;
B. 
To allow the director to modify interior lot-based or lot line requirements contained within the zoning, building, fire and other similar uniform codes adopted by the city;
C. 
To allow the director to authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan; and
D. 
To specify administrative requirements for binding site plans in accordance with applicable Washington State and city of Pomeroy laws, rules and regulations.
(Ord. 812 § 1 (part), 2005)
Any person seeking the use of a binding site plan to divide his or her property for the purpose of sale, lease or transfer of ownership of commercially or industrially zoned property, or creation of condominium units, is required to apply for, complete and have approved a binding site plan, as provided in Chapter 58.17 RCW and as required by this chapter.
The site that is subject to the binding site plan may be reviewed independently, based on as-built plans, for fully developed sites.
Binding site plans shall be required for any commercial or industrial development that involves two or more leases or transfers of ownership which do not undergo a short plat or subdivision procedure.
The site that is subject to the binding site plan shall consist of one or more contiguous legal lots of record.
(Ord. 812 § 1 (part), 2005)
A. 
Prior to submitting an application, the applicant is advised to meet with the director of public works to discuss the application and permitting process. A completed application form and submittal of all required information shall ensure a timely review process.
B. 
A proposed binding site plan shall be considered under the zoning and other city codes in effect on the land at the time a fully completed application is filed with the director of public works.
C. 
A complete application for binding site plan application shall consist of:
1. 
A completed application form provided by the director of public works, signed by all property owners or their authorized agents, with supporting documents as required below and which contains sufficient information to determine compliance with adopted rules and regulations, as outlined in PMC 16.30.30 (General Requirements) and elsewhere in this title.
2. 
A site plan in a form prescribed by the administrative official. At a minimum, the site plan shall include those items required for a subdivision application and,
a. 
Proposed and existing structures including building envelopes and building setback lines;
b. 
All proposed or existing uses;
c. 
The location of proposed or existing open space including any required landscaped areas;
d. 
The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles and street widths, and additional right-of-way if required on substandard streets;
e. 
The number and location of proposed or existing parking spaces on and off the site;
f. 
The location and size of utility trunk lines serving the site;
g. 
The location and size of water bodies and drainage features, both natural and man made; and
h. 
A layout of sewers, water, power, telephone, cable, and other utilities.
3. 
All existing or proposed covenants, easements, maintenance agreements or other documents applicable to use or maintenance of the site.
4. 
For new construction, a grading plan showing proposed clearing and tree retention and the existing and proposed topography, detailed to 5-foot contours, unless smaller contour intervals are otherwise required by State law or rules and regulations promulgated thereunder.
5. 
A phasing plan, acreage of phases, and time schedule, if the site is intended to be developed in phases.
6. 
Copy of any restrictive covenants.
7. 
Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation.
8. 
The payment of fees.
The Administrative Official may waive in writing specific submittal requirements determined to be unnecessary for review of the application.
(Ord. 812 § 1 (part), 2005)
A. 
Binding site plans for the creation of lots in existing developments, or for eight or fewer lots, tracts, parcels, or units on a new development, shall be processed as a Level I permit, or Level II when with SEPA or Critical Area review.
B. 
Binding site plans for the creation of nine or more lots, tracts, parcels, or units shall be processed as a Level IVA permit.
(Ord. 812 § 1 (part), 2005)
The application shall be reviewed and approved, approved with conditions, or denied, based on the following requirements:
A. 
The binding site plan shall ensure that the collective proposal functions as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking.
B. 
The binding site plan shall meet the requirements outlined in Chapter 16.22 (Zoning and Land Use) and PMC 16.10.030, for new development. Any condominium proposal shall be in conformance with zoning density requirements.
C. 
If a previously approved site plan is submitted for binding site plan approval, the conditions and limitations imposed by the administrative official may, where appropriate, include any conditions and limitations contained in the previously approved site plan. Subsequent development permits for the land will still be subject to compliance with the zoning, building, and other applicable land use codes and regulations existing at the time of submittal of the binding site plan review and expressly depicted on the binding site plan.
D. 
When a binding site plan is being considered concurrently with another land development application, the administrative official will incorporate all conditions and limitations imposed on the concurrent application into the binding site plan. Subsequent site development permits for the land will still be subject to compliance with the zoning, building, and other applicable land use codes and regulations existing at the time of vesting of the application, unless addressed as part of the binding site plan review and expressly depicted on the binding site plan.
E. 
The binding site plan shall contain applicable inscriptions or attachments setting forth limitations and conditions to which the plan is subject, including any applicable irrevocable dedications of property and containing a provision requiring that any development of the site shall be in conformity with the approved site plan.
F. 
The Administrative Official may authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan.
G. 
Conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements shall be identified on the binding site plan and enforced by covenants, easements or other similar mechanisms.
(Ord. 812 § 1 (part), 2005)
The process for preliminary and final approval is the same as that for short and long divisions and plats, including necessary hearings and approval by the appropriate authority. All limitations, permissions, durations, filing, vacation, and alteration codes and procedures are the same as those for short and long subdivisions and plat except as specifically set out for binding sites.
(Ord. 812 § 1 (part), 2005)
After approval of a binding site plan for land, all or a portion of which will be subjected to the provisions of Chapter 64.32 RCW or Chapter 64.34 RCW (Condominiums) the applicant shall record the approved binding site plan with a record of survey (except for the provisions of RCW 58.09.090(1)(d)(iv)) as one recording document complying with the requirements of PMC 16.10.400 labeled as “Binding Site Plan.” Before recording, the applicant shall complete the required improvements. In lieu of completion, all improvements except drainage-related facilities may be bonded.
When a record of survey is not required pursuant to RCW 58.09.090(1)(d)(iv), the applicable record of survey data, consistent with the submittal requirements as adopted by the administrative official, shall be shown on the binding site plan to be recorded.
Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a professional land surveyor, licensed in the state of Washington. The survey, monumentation, and plat drawings shall be made following the recommendations of the Department of Natural Resources and adopted as Chapter 332-130 WAC and shall include those items prescribed by RCW 58.09.060, records of survey, contents record of corner, information.
The Administrative Official shall examine and sign the approved binding site plan and record of survey if it conforms to the commercial site development permit or the approved site plan and all conditions of approval. Binding site plans with the record of survey shall be recorded with the Garfield County auditor’s office. A copy of the documents stamped with the recording number shall be sent to the Garfield County assessor’s office, the Garfield County treasurer’s office, city of Pomeroy public works’ office, and to the applicant.
Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership 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, that does not conform to the requirements of the binding site plan or without binding site plan approval, shall be considered a violation of Chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW.
(Ord. 812 § 1 (part), 2005)
All public and private site improvements required by the approved binding site plan must be completed and accepted by the city or subjected to a performance security approved by the administrative official prior to issuing the first building permit for the site. Alternatively, the administrative official may condition the completion of such improvements pursuant to an approved phasing plan.
(Ord. 812 § 1 (part), 2005)
The Applicant may propose alteration of an approved binding site plan.
The proposed alteration must be clearly shown on a new site plan and be accompanied by a letter of explanation.
Binding site plans may be altered if the original intent of the recorded binding site plan has not been altered, and impacts to health and safety, environment, or the delivery of services are adequately mitigated. Conditions of approval beyond those originally applied to the project may be applied to the altered binding site plan. If an alteration to a previously recorded binding site plan or record of survey is approved, the applicant must record the revised binding site plan or record of survey.
Application and approval shall be under the procedures specified in PMC 16.10.300.
(Ord. 812 § 1 (part), 2005)
Vacation of a binding site plan shall be accomplished by following the same procedure and satisfying the same laws, rules and conditions as required for a new binding site plan application, as set forth in this chapter. A binding site plan shall be vacated as a whole only.
If a building permit or commercial site development permit which accompanies a binding site plan expires without construction, then the binding site plan shall be considered vacated unless the director of public works determines that the expiration is consistent with the approved binding site plan.
Application and approval shall be under the procedures specified in PMC 16.10.300.
(Ord. 812 § 1 (part), 2005)