The purpose of this chapter is to provide an alternative method of dividing land as authorized by RCW 58.17.035 and by RCW 58.17.040(4) and (7).
(Ord. 483 (2012) § 2 (Att. 1), 2012; Ord. 489 (2012) § 2 (part), 2012)
The provisions of this chapter apply to the following:
A.
Binding Site Plan – Commercial and Industrial Land Use. A binding site plan may be utilized for the divisions of land lying within any commercial or industrial zoning designation.
(Ord. 483 (2012) § 2 (Att. 1), 2012; Ord. 489 (2012) § 2 (part), 2012; Ord. 637 (2024) § 7(C) (App. C), 2024)
A.
Legally existing structures are not required to meet current zoning regulations as a condition of binding site plan approval. Proposed lots or units without legally existing structures or uses must meet current zoning regulations.
B.
A binding site plan shall depict building envelopes and all existing and proposed land use(s) for each lot on the face of the binding site plan.
C.
A parking lot plan is required for the binding site plan. The plan shall allocate parking to each lot or condominium unit or specify joint use parking. Proposed lots containing legally existing structures and uses may maintain parking as originally approved for the uses, but if changes are made the parking must meet current parking requirements for the use.
E.
Binding site plans shall be reviewed for storm drainage, roads, road frontage improvements, water supply, sanitary sewage disposal, access or easement for vehicles, utilities, fire protection and zoning requirements. Binding site plan review shall also consider previous decisions affecting the property, accuracy of legal description, ownership, lot dimensions, improvements on each lot and compliance with Chapter 58.09 RCW and Chapter 332-130 WAC.
F.
A binding site plan cannot amend or conflict with previously granted use permit approvals or conditions of approval. Amendments to said use permit approvals or conditions shall be accomplished through the appropriate amendment process prior to an application for a binding site plan.
G.
Proposed uses must comply with the underlying zone classification. Should a proposed use require a use permit, such as a conditional use permit, said permit shall be requested and reviewed concurrently or prior to approval of the binding site plan. Binding site plan approval does not constitute approval for other required permits.
(Ord. 483 (2012) § 2 (Att. 1), 2012; Ord. 489 (2012) § 2 (part), 2012)
Binding site plans are classified as Type II applications under Chapter 21.04. The director shall review the application for conformity with the following requirements. If approved, the director shall sign the approval line on the face of the binding site plan.
C.
The binding site plan shall consist of the following:
1.
The original map that is drawn in permanent black ink on mylar, suitable for producing legible prints through scanning, microfilming or other standard copying procedures and that is in compliance with WAC 332-130-050. The map shall be drawn to scale no less than one inch to one hundred feet, which scale shall be shown on the drawing;
2.
The first sheet shall have a vertical title block on the right side that contains the following information:
a.
Signature and date lines for approval by the director;
b.
Treasurer’s certificate that reads as follows:
I hereby certify that real property taxes on the above-described property have been paid, satisfied or discharged up to and including the year 20____. |
along with signature and date lines;
c.
Surveyor’s certificate, stamped, signed and dated by a registered land surveyor, that reads as follows:
I, _____________, registered as a professional land surveyor by the State of Washington, certify that this binding site plan plat is based on an actual survey of the land described herein, conducted by me or under my supervision, during the period of _____________, 20__, through ___________, 20__; that the distances, courses and angles are shown hereon correctly; and that property corners have been staked on the ground as depicted hereon. |
and
d.
Signature and date lines for the county auditor, along with space to insert recording information;
3.
North point and origin of meridian or basis of bearings;
4.
Lots labeled alphabetically;
5.
Lot addresses, as assigned per Section 16.66.015(G);
6.
The perimeter boundary (which shall be shown by heavier lines) of the proposal, surveyed by a land surveyor licensed in the state of Washington pursuant to Chapter 18.43 RCW, together with all internal lots and blocks. The map may, but need not, depict or describe the boundaries of the lots or tracts to result from subjecting a portion of the land to either Chapter 64.32 or 64.34 RCW subsequent to the recording of the binding site plan;
7.
The dimensions of the perimeter and all lots;
8.
Ties to permanent monuments;
9.
Controlling reference points or monuments;
10.
The bearing and length of lines;
11.
The legal description of the real property to be divided;
12.
The names and locations of adjacent subdivisions;
13.
The location of all existing structures and proposed building envelopes, along with their existing and proposed uses;
14.
The location of all existing and proposed roads, rights-of-way and access easements within and adjacent to the proposal, labeling each of the foregoing by width;
15.
The location of all road frontage improvements;
16.
The location of all other existing and proposed easements appurtenant to the property, labeled with dimensions;
17.
The location of all property to be dedicated and a textual declaration of the dedication;
18.
For binding site plans within a rural zoning designation, a native vegetation buffer around the perimeter of the binding site plan, minimum twenty-five feet wide or as set forth in Title 17;
19.
The location of all water bodies (including but not limited to lakes, ponds, saltwater shorelines, streams, and wetlands), their associated buffers and construction setbacks, and mapped flood hazard areas;
20.
The location of geologically hazardous areas and their associated buffers and construction setbacks. Delineate slopes thirty percent in grade or greater and all slopes from fifteen percent to thirty percent in grade where they are rated as areas of moderate or high geologic hazard pursuant to Section 19.400.410;
21.
The location of existing on-site sewage systems, and wells with their protective well radii within, contiguous to and adjacent to the proposal;
22.
The location of soil logs, if the binding site plan is not required to connect to public sewer;
23.
A declaration or dedication statement, as applicable, by all persons having interest in the land, with name(s) printed and signed by said person(s) and acknowledged before a notary public, consenting to the dedication and/or segregation of land;
24.
Notes depicting articles of encumbrances as noted in Schedule B of the plat certificate;
25.
Conditions relevant to the development of the binding site plan; and
26.
One of the following statements:
a.
A binding site plan for commercial and/or industrial use, as set forth at Section 16.56.020(A):
All development and use of the land described herein shall be in accordance with this binding site plan, or as it may be amended with the approval of Kitsap County, 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. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein. |
b.
A binding site plan for a proposed condominium development, as set forth at Section 16.56.020(B):
All development and use of the land described herein shall be in accordance with this binding site plan, or as it may be amended with the approval of Kitsap County, 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 or hereafter having any interest in the land described herein. |
D.
The binding site plan must meet all standards established by state and local law;
E.
The binding site plan is in compliance with the conditions of approval of any previously granted use permit approval.
(Ord. 483 (2012) § 2 (Att. 1), 2012; Ord. 489 (2012) § 2 (part), 2012)
The binding site plan shall be recorded in accordance with the provisions set forth at Section 16.04.110.
(Ord. 483 (2012) § 2 (Att. 1), 2012; Ord. 489 (2012) § 2 (part), 2012)