Chapter 16.24 - BINDING SITE PLAN
Sections:
16.24.010 - Purpose.
16.24.020 - Applicability of provisions.
16.24.030 - Binding site plan components.
16.24.040 - Application requirements.
16.24.050 - Administrative review.
16.24.060 - Hearing notice.
16.24.070 - Public hearing.
16.24.080 - Town council hearing.
16.24.090 - Survey and plat standards.
16.24.100 - Recording and enforcement.
16.24.110 - Amendment.
16.24.120 - Vacation.
16.24.010 - Purpose.
The purpose of a binding site plan is to provide an alternative method of land division as provided for in RCW 58.17.035 for
the sale or lease of commercial and industrial properties and condominiums. A binding site plan includes a survey together
with a developer agreement.
(Ord. 496 § 6.0, 1999: Ord. 462 § 6.0, 1998)
16.24.020 - Applicability of provisions.
This chapter applies to the following:
A. The sale or lease of property zoned: GB, general business district or LI, light industry; and
B. Condominiums authorized under Chapter 64.34 RCW and where allowed in the zoning code.
(Ord. 496 § 6.1, 1999: Ord. 462 § 6.1, 1998)
16.24.030 - Binding site plan components.
A. A binding site plan means a record of survey and a developer agreement. A developer agreement includes a written narrative
together with a scaled drawing (commonly known as a site plan) which together address the development details required by
this chapter.
B. The developer agreement shall incorporate the requirements of the planning commission, after consideration of the comments
received during the public hearing on the binding site plan.
C. The developer agreement requires the notarized signature of both the developer and the administrative official.
(Ord. 496 § 6.2, 1999: Ord. 462 § 6.2, 1998)
16.24.040 - Application requirements.
A. Preapplication Meeting. Prior to filing a binding site plan application, the applicant shall confer with the administrative
official or his or her designee. The administrative official shall advise the applicant of the required procedures and applicable
titles.
B. Application Contents. An application for a binding site plan shall include a written narrative and twelve (12) copies of a
scaled drawing which together address the following:
1. The information listed in Chapter 16.36, Table of Required Information;
2. The purpose for which the property and/or buildings will be used;
3. Schedule for completion of improvements;
4. Surety provisions for future improvements as provided in Section 16.16.120(D);
5. Off-street parking plans;
6. Landscaping plans;
7. Dimensional information where applicable for lots, buildings, fences, etc.;
8. Maintenance plans; and
9. A completed SEPA environmental checklist if required, and prepared in accordance with RCW 43.21C (SEPA).
(Ord. 620 § 5, 2006; Ord. 496 § 6.3, 1999: Ord. 462 § 6.3, 1998)
16.24.050 - Administrative review.
A. Review Procedure. Binding site plan applications including developer agreements shall be reviewed by the administrative official
prior to the open record public hearing before the planning commission. The administrative official, after issuing the determination
of completeness, including the preliminary determination of consistency (in accordance with procedures established in RCW
36.70B.030 and 36.70B.070) for the binding site plan application, shall distribute copies to the following affected agencies,
to include, but not limited to the following: Yakima County health district, Naches/Wapatox Irrigation District, Yakima County
Fire District No. 3, Yakima County public utility district, Kel-Lowry Ditch Company, Naches School District, Yakima County
assessor, town engineer, etc., for review and comment.
B. Design and Development Requirements. Design and development standards of this title will be used as a basis for the design
and development of the binding site plan. Certain standards may be modified or deleted where appropriate to address the concept
of the development while still meeting the intent of this chapter. To the greatest extent possible, design and development
standards will be addressed in the developer agreement and record of survey. When phasing is involved, specific issues related
to future development within the binding site plan shall be reviewed and approved as part of the overall development prior
to issuance of any construction, right-of-way, sign or any other permit for the initial phase.
C. Subdivision Administrative Official's Recommendation and Staff Report. Based on the information provided by the applicant
for the binding site plan and the technical and design analysis of the binding site plan provided by affected agencies, the
administrative official shall compile a staff report and recommendations to be presented to the planning commission prior
to the open record public hearing on the binding site plan.
(Ord. 496 § 6.4, 1999: Ord. 462 § 6.4, 1998)
16.24.060 - Hearing notice.
A. When a binding site plan, including written narrative has been submitted to the town, the town clerk shall establish the date
and time for a public hearing before the planning commission.
B. The costs of publishing the notice of public hearing and/or notice of application, generating mailing labels and mailing of
notices shall be provided for by the applicant.
C. The notice of the public hearing, stating the time, place and purpose for which the hearing is held shall be published not
less than fifteen (15) days prior to the hearing in a newspaper of general circulation within the town. The notice of public
hearing shall also be mailed by the town at least fifteen (15) days prior to the date of the hearing, to the owners of all
properties located within three hundred (300) feet of any portion of the boundaries of such adjacently located parcels of
real property owned by the owner of the real property proposed to be subdivided. Notice shall also be given to the state Department
of Transportation (DOT) in accordance with RCW 58.17.080, as it now exists or is hereafter amended, when the proposed binding
site plan is located adjacent to the right-of-way of a U.S. (federal) highway as DOT regulates access and maintenance on federal
highways.
D. All hearing notices shall include a description of the location of the proposed binding site plan. The description may be
in the form of either a vicinity location sketch or written description other than a legal description. Additional notice
of application shall be given as provided in RCW 36.70B.110.
(Ord. 496 § 6.5, 1999: Ord. 462 § 6.5, 1998)
16.24.070 - Public hearing.
An open record public hearing shall be held before the planning commission on the binding site plan including developer agreement.
The planning commission shall consider the staff report and other agency reports, public testimony and all other relevant
facts before developing his or her findings of fact and making a recommendation to the town council for approval, approval
with conditions or disapproval of the binding site plan and developer agreement.
(Ord. 496 § 6.6, 1999: Ord. 462 § 6.6, 1998)
16.24.080 - Town council hearing.
The town council, upon receipt of a recommendation on any binding site plan including developer agreement, shall at its next
public meeting set the date for a closed record public hearing to consider the matter in accordance with the procedures and
standards for conducting a closed record public hearing. A record of the closed record public hearing shall be kept by the
town and shall be open to public inspection.
(Ord. 496 § 6.7, 1999: Ord. 462 § 6.7, 1998)
16.24.090 - Survey and plat standards.
Surveys and monumentation must be in conformance with Chapter 16.36, Table of Required Information, RCW Title 58 and all other
applicable state standards.
(Ord. 496 § 6.8, 1999: Ord. 462 § 6.8, 1998)
16.24.100 - Recording and enforcement.
The survey and approved developer agreement shall become effective only upon recording with the Yakima County auditor. The
lots, parcels or tracts created through this procedure are legal lots of record. The face of the survey and the developer
agreement shall indicate that the documents are dependent upon one another and together constitute the binding site plan.
(Ord. 496 § 6.9, 1999: Ord. 462 § 6.9, 1998)
16.24.110 - Amendment.
The recorded binding site plan may be amended at the town's discretion. Amendments to a binding site plan shall be processed
pursuant to this title and must be recorded.
(Ord. 496 § 6.10, 1999: Ord. 462 § 6.10, 1998)
16.24.120 - Vacation.
The town council may authorize the vacation of a recorded binding site plan after approval of a new binding site plan.
(Ord. 496 § 6.11, 1999: Ord. 462 § 6.11, 1998)