Chapter 16.14
BINDING SITE PLANS
Sections:
16.14.030 Additional provisions relating to certain binding site plans.
16.14.040 Approval of improvements and lots for commercial and industrial divisions.
16.14.050 Recording—Binding effect.
16.14.060 Alteration or vacation of binding site plans.
16.14.010 Applicability.
This chapter provides an alternative to the subdivision procedures otherwise set forth in this title for the following divisions of land:
A. Divisions of land into lots or tracts classified for industrial or commercial use by the city when a binding site plan is approved pursuant to this chapter;
B. Divisions for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land and a binding site plan is approved for such development pursuant to this chapter; and
C. Divisions of land into lots or tracts if such division is the result of subjecting a portion of a parcel or tract of land to either Chapter 64.32 or 64.34 RCW and a binding site plan is approved and all requirements of this chapter related to such divisions are met. (Ord. 908 § 3 (part), 1997)
16.14.020 Procedures.
A. Every person desiring to apply for approval of a binding site plan shall file the following with the city clerk:
1. Thirteen full size copies of eighteen by twenty-four inches and one full size reproducible reduced copy of eight and one-half by eleven inches or eight and one-half by fourteen inches of the proposed binding site plan. The full size copies shall be drawn to a scale of one inch equals one hundred feet or larger and shall meet all other requirements for form specified by the planning department and by Section 16.08.010(C);
2. A completed binding site plan application on forms available from the planning department;
3. Two completed environmental checklists on forms available from the planning department;
4. The filing fee for binding site plans established by council resolution; and
5. Two copies and one reproducible copy of a storm drainage plan showing stormwater generation calculations and methods of collection and disposal of stormwater.
B. Binding site plans shall be processed administratively as provided in Chapter 17.13 of the Mukilteo Municipal Code.
C. The planning director shall approve a binding site plan if the planning director finds that:
1. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, sidewalks, and other planning features that assure safe walking conditions for students who only walk to and from school; and
2. The public use and interest will be served by approval of such binding site plan.
D. In the event that the planning director determines that the criteria set forth in subsection B of this section are not met, the planning director may approve the binding site plan with conditions which, if complied with, will cause the plan to meet the criteria, or may deny the binding site plan. (Ord. 908 § 3 (part), 1997)
16.14.030 Additional provisions relating to certain binding site plans.
The following additional provisions apply to binding site plans falling within the scope of Section 16.14.010(C) above:
A. The improvements constructed or to be constructed on the parcel or parcels which are the subject of the binding site plan shall be required by the provisions of the binding site plan to be included in one or more condominiums 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.
B. The binding site plan must contain thereon 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 Mukilteo, 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 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.
C. The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either Chapter 64.32 or 64.34 RCW.
D. A binding site plan shall be deemed to have been approved if the site plan was approved by the city:
1. In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or
2. In connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or
3. If not approved pursuant to subsections (D)(1) and (2) of this section, then pursuant to the procedures set forth in Section 16.14.020. (Ord. 908 § 3 (part), 1997)
16.14.040 Approval of improvements and lots for commercial and industrial divisions.
After approval of the general binding site plan for industrial or commercial divisions subject to a binding site plan, subsequent approval for improvements and finalization of specific individual commercial or industrial lots shall be done administratively by the planning director. (Ord. 908 § 3 (part), 1997)
16.14.050 Recording—Binding effect.
A. All binding site plans, after approval, and/or when specific lots are administratively approved pursuant to Section 16.14.040, shall be recorded with the county auditor’s office with a record of survey.
B. Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. The number of lots, tracts, parcels, sites or divisions shall not exceed the number allowed by Title 17 of this code.
C. All provisions, conditions, and requirements of the binding site plan shall be shown on the face of the plan or in attachments recorded with the plan and 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. (Ord. 908 § 3 (part), 1997)
16.14.060 Alteration or vacation of binding site plans.
Alteration or vacation of binding site plans shall be accomplished by following the same process and applying the same criteria as for an initial application for binding site plan approval. (Ord. 908 § 3 (part), 1997)
16.14.070 Violation.
Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to a 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 the Mukilteo Municipal Code and Chapter 58.17 RCW and shall be restrained by injunctive action and be illegal and provided in Chapter 58.17 RCW. (Ord. 908 § 3 (part), 1997)