City of Leavenworth, WA Chapter 17.10 BINDING SITE PLANS

§ 17.10.010 Applicability.

A binding site plan may be performed as an alternate method of land division under the following circumstances:

A. The division of land into two or more lots, parcels, or tracts located in a commercial or industrial zoning district.

B. The division of land for lease when no other structure other than mobile (manufactured) homes or recreational vehicles are to be placed on the land.

C. The division of land into lots, tracts or condominiums when performed in accordance with Chapters 64.32 and 64.34 RCW, and RCW 58.17.040(7).

D. The division of land into condominium units when performed in accordance with Chapter 64.90 RCW and RCW 58.17.040(7).

(Ord. 1223 § 1, 2004; Ord. 1695 § 1 (Att. A), 2024)

§ 17.10.020 Administration.

The administration of this chapter is set forth within the provisions of this chapter and LMC Title 21. The director is vested with the duty of administering and interpreting the provisions of this title and with the authority to summarily approve, approve with conditions, disapprove, or return for modification all proposed binding site plans. Prior to the submission of a binding site plan application, the applicant shall arrange for a preapplication meeting as required and outlined in LMC § 21.07.020.

(Ord. 1223 § 1, 2004)

§ 17.10.030 Application.

An applicant shall submit a complete binding site plan application to the community development director. A complete application for the purposes of this chapter shall consist of the following:

A. A fully completed and signed (by those individuals or corporations holding any ownership or security interest) binding site plan application form provided by the department of community development that contains the information as required by Chapter 21.05 LMC;

B. Ten copies of a scaled drawing of at least one inch to 100 feet which provides the following information:

1. A legal description of the area being divided;

2. The boundaries of the section (or plat or lots) within which the binding site plan lies;

3. The boundary lines, dimensions and area of the binding site plan and the lots within it;

4. Proposed binding site plan name and lot numbers;

5. The location and width of all roads, access easements and driveways;

6. The location and width of all existing and proposed utility easements;

7. The boundaries, dimensions and area of all tracts or parcels to be dedicated or reserved for public or community uses;

8. The location of all existing and proposed water distribution systems, sewage disposal systems, stormwater systems, and irrigation systems;

9. Fire hydrant locations within or adjacent that will be connected to;

10. The location of the 100-year floodplain and floodway, if applicable;

11. The location of all water courses and the ordinary high water mark and approximate boundaries of all areas subject to inundation, if applicable;

12. Contours at two-foot intervals for zero to five percent cross slope; five-foot intervals for five to 30 percent cross slope; 10-foot intervals for over 30 percent cross slope; and spot elevations to determine the general locations of high and low points thereof;

13. Location of all existing structures, wells, overhead and underground utilities, municipal boundaries, and other important physical features;

14. Zoning and comprehensive plan designations; and

15. North arrow;

C. Three sets of road plans and profiles for all proposed roads and improvement specifications;

D. The delineation, location, classification, and required analysis or mitigation plans as required for critical areas, including fish and wildlife habitat conservation areas, aquifer recharge areas, geologically hazardous areas, wetlands, and frequently flooded areas as presently contained in this code, or as amended;

E. Assessor's parcel map of property and surrounding properties within 500 feet;

F. SEPA checklist, if required;

G. Any other information deemed necessary by the director for the adequate review of the proposed binding site plan in conformance with the provisions of this title and all other applicable federal, state and local regulations; and

H. Payment of all applicable review fees.

(Ord. 1223 § 1, 2004)

§ 17.10.040 Preliminary binding site plan review.

A. Binding site plans shall be subject to the procedures established in Chapter 21.07 LMC.

B. Once the determination of a complete application is made, the director shall solicit comments on the proposal from the public works director, city engineer, fire chief or designee, building official, local utility purveyors, Cascade School District, Chelan County assessor, Chelan County treasurer, Washington State Department of Transportation (if the proposal abuts or could potentially adversely affect a state highway), irrigation district (if the proposal is within a district), Washington State Department of Ecology (if proposal involves a wetland or aquifer recharge area), LINK, and other appropriate agencies with jurisdiction or expertise. The referral agencies shall have 14 calendar days to return their written comments. Failure of the referral agencies to respond within the prescribed time will be interpreted as their having no comment on the proposal as submitted.

C. Pursuant to the timelines delineated within Chapter 21.09 LMC, or such other period as the applicant may authorize, the director shall approve, conditionally approve, or disapprove the proposed binding site plan in writing, subject to the review criteria and required findings as outlined in LMC § 17.10.050.

(Ord. 1223 § 1, 2004)

§ 17.10.050 Review criteria and required findings.

A. The proposed preliminary binding site plan shall be reviewed and approved only when the following criteria and findings are satisfied:

1. Compliance with the provisions of this title and all other applicable titles contained in this code;

2. Conformity with all applicable zoning requirements; provided, that for a division under LMC § 17.10.010(C) or (D), no minimum lot size, setback requirements, or density restrictions in the underlying zoning designation shall apply;

3. Conformance with the provisions contained in the comprehensive plan;

4. Consistency with applicable design and building standards;

5. Compliance with the provisions of any applicable federal, state and local law;

6. Appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and all other relevant facts, including safe walking conditions for students who only walk to and from school; and

7. The public interest will be served by the binding site plan and dedications.

B. The director may disapprove a proposed binding site plan because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat.

C. As a condition of approval, the director may require dedication of land to any public body, provisions for public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090.

1. No dedication, provision for public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitute an unconstitutional taking of private property.

D. Preliminary binding site plan approvals are valid for a period of five years. During that period, the conditions of approval must be fulfilled or bonded for as provided in Chapter 14.50 LMC and filed for record with the Chelan County auditor. If the conditions attached to the preliminary binding site plan approval are not satisfied or appropriately bonded for, and the binding site plan is not filed for record within the required period, preliminary approval of the binding site plan shall become null and void.

E. Pursuant to RCW 58.17.040(7), the binding site plan shall contain 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 the city of Leavenworth 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 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 or hereafter having any interest in the land described herein.

(Ord. 1223 § 1, 2004; Ord. 1694 § 1 (Att. A-1), 2024; Ord. 1695 § 1 (Att. A), 2024)

§ 17.10.060 Final approval and recording.

A. Upon receipt of six blueline copies of the final mylar, prepared by a surveyor in conformance with the provisions contained in this section; a plat certificate issued within the preceding 30 days, including confirmation that the title to the lands as described and shown on said binding site plan is vested in the owners whose names appear on the plat certificate or instrument of dedication, and any easements or restrictions affecting the property, with a description of the purpose and referenced by the auditor's recording number; and applicable review fees; the director shall circulate the bluelines to agencies and individuals whose signatures are required on the final mylar for recording. Said corrected bluelines (redlines) shall be returned to the applicant's surveyor with notice to the applicant within 21 days of receipt.

B. The final binding site plan submitted for recording shall consist of one or more pages clearly and legibly drawn on a stable mylar or equivalent approved material at a scale of 100 feet to the inch (or a scale approved by the administrator) under the supervision of a land surveyor registered in the state of Washington who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. All survey work shall conform to the requirements of the Survey Recording Act, Chapter 58.09 LMC, as it now exists or as amended, and the following additional information:

1. A certificate bearing the names of all persons having an interest in the land, signed and acknowledged by them before a notary public which:

a. States their consent to the division; and

b. Grants a waiver by them of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of public roads;

2. A space for approval and official seals of the binding site plan administrator, public works director, city engineer, acknowledgement of taxes paid by the Chelan County treasurer, and recording by the Chelan County auditor;

3. Permanent control monuments shall be established at controlling corners on the boundaries of the binding site plan, the intersections of the centerline tangents of roads or points of intersections within the binding site plan, the beginning and ends of curves on centerlines, and all block and lot corners. Adjacent property shall be labeled in dotted lines as they intersect with the subject property;

4. Bearings of all lots, tracts, and centerlines or public and private roads within the project boundary;

5. For a binding site plan that contains or is subject to a dedication, a certificate shall be placed on the face of the final binding site plan mylar that contains the dedication of all streets and other areas to the public, and a waiver of claims;

6. Binding site plan name and number as assigned by the director;

7. Legal description;

8. North arrow, numeric and graphic scale, and lot numbers;

9. Assigned street addresses;

10. All utility easements;

11. All notes as required by the conditions of approval;

12. Any restrictions or covenants affecting the property, with a description of the purpose and referenced by the auditor's recording number;

13. Location, width, and name of all streets, alleys, and other public or private ways within and adjacent to the land division; and

14. The delineation of the 100-year floodplain and floodway and any wetlands, when present.

C. An approved binding site plan shall not be filed for record with the Chelan County auditor until the applicant has constructed or bonded for all improvements and satisfied all conditions as required by the director in the granting of preliminary approval.

D. A binding site plan shall not be considered final until recorded with the Chelan County auditor.

E. Any lots in a final binding site plan filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing. A binding site plan shall be governed by the terms of approval of the final plat and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final binding site plan approval unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the binding site plan.

(Ord. 1223 § 1, 2004)