19.22.020 Binding site plans.
The purpose of this section is to clearly delineate the criteria used by the city of Algona to review and approve binding site plans. A binding site plan is intended to provide an alternative means of dividing land. The provisions of this section shall be reasonably construed in a manner consistent with applicable state law, specifically including without limitation RCW 58.17.035 and 58.17.040.
A. Applicability.
1. Any division of land for the purpose of lease when no residential structures other than manufactured homes or travel trailers are permitted to be placed upon the land.
2. A division of land occurring in the commercial, including the mixed-use commercial zoning district, or industrial zoning districts.
3. A division made pursuant to Chapter 64.32 RCW (Horizontal Regimes Act) or Chapter 64.34 RCW (Condominium Act).
B. Administrative Duties. The administrator of this title is authorized and directed to administer the provisions of this section. The authority to approve, approve with conditions, or deny a binding site plan processed in accordance with subsection C of this section is granted to the city planner.
C. Procedure. All binding site plans, regardless of size, shall be processed administratively in accordance with the requirements of Chapter 19.16 AMC, Short Subdivision.
D. Requirements for a Complete Application. The following materials shall be submitted to the city for a complete application. Any person desiring approval of a binding site plan shall file with the city planner a complete application for a binding site plan including a SEPA checklist, if applicable, a filing fee in an amount as required by Chapter 2.50 AMC, Fee Schedule, and the following additional information:
1. A binding site plan shall submit the materials identified within AMC 19.16.050.
E. Approval. Prior to approving any preliminary binding site plan the city planner shall determine and make written findings of fact that appropriate provisions are in accordance with AMC 19.16.090.
F. Development Standards. Binding site plans shall conform to the dimensional standards of AMC Title 22, Zoning, and the design standards of Chapter 19.24 AMC.
G. Final Binding Site Plan Review and Approval Process. All final binding site plan reviews shall be administrative. Each binding site plan shall have a perimeter survey completed by a registered land surveyor, together with written data and materials in such form that when read together provide:
1. The information required by AMC 19.16.110 and all applicable review fees identified by Chapter 2.50 AMC, Fee Schedule, and the appropriate application form;
2. Documents sufficient to provide for the perpetual maintenance of all common areas; and
3. Clear indication of all covenants, conditions and restrictions applicable to the property subject to the binding site plan.
Once the city planner has determined that the requirements identified under subsection C of this section and this section have been met, the final binding site plan and any associated or required documents shall be recorded with the King County auditor’s office. The binding site plan approval shall become effective upon that recording.
Lots, parcels or tracts created pursuant to 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 owner or any other person acquiring a lease or other ownership interest in any lot, parcel, or tract created pursuant to the binding site plan. (Ord. 1190-21 § 2 (Exh. A), 2021).