Chapter 17.54
BINDING SITE PLANS
Sections:
17.54.030 Requirements and limitations.
17.54.070 Completion and bonding requirements.
17.54.010 Purpose.
The purposes of this chapter are:
(1) To provide an alternative method for division of land for commercially zoned property, including the NC and MU zones, or condominiums;
(2) To allow the planning manager to modify interior lot-based or lot line requirements in the zoning codes adopted by the city;
(3) To allow the planning manager to authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan; and
(4) To specify administrative requirements for binding site plans in accordance with applicable Washington State and city rules and regulations. (Ord. 744 § 2, 2004).
17.54.020 Applicability.
(1) Any person seeking the use of a binding site plan process to divide property for the purpose of sale, lease or transfer of ownership of commercially zoned property or creation of condominium units is required to have an approved binding site plan prior to any property division, as provided for in Chapters 58.17, 64.32 or 64.34 RCW, and as required by this chapter. A binding site plan for a condominium shall be based on a recorded final planned unit development, a building permit, an as-built site plan for developed sites or a site development permit issued for the entire site, or a general site plan showing the anticipated development plan for the entire site.
(2) The site that is subject to the binding site plan shall consist of one or more contiguous lots.
(3) The site that is subject to the binding site plan may be reviewed independently for developed sites, concurrently with or subsequent to a site development permit application for undeveloped land, or concurrently with or subsequent to a building permit application.
(4) The binding site plan process creates or alters lot lines and does not authorize substantial improvements or changes to the property or the uses on the property.
(5) A binding site plan application may be made for either a full legal lot or a portion of a legal lot. (Ord. 744 § 2, 2004).
17.54.030 Requirements and limitations.
(1) The binding site plan shall ensure that the collective lots continue to function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, design, drainage facilities, facility maintenance and parking.
(2) The binding site plan shall:
(a) Identify the areas and locations of all streets, roads, improvements, utilities, open spaces, sensitive areas, parking areas, landscaped areas, surveyed topography for preliminary map, water bodies and drainage features, and building envelopes;
(b) Contain inscriptions or attachments setting forth any limitations and conditions for the use of the land as established by the planning manager; and
(c) Contain provisions requiring any development or division of land to be in conformance with the approved site plan.
(3) Conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements shall be identified and enforced by covenants, easements or other similar mechanisms. (Ord. 744 § 2, 2004).
17.54.040 Alterations.
(1) Alteration of a binding site plan shall be accomplished by following the same process required for a new application as set forth in this chapter.
(2) Changes to a building permit, subdivision, short subdivision, unit lot subdivision or site development permit within a binding site plan shall also require alteration of the binding site plan unless the planning manager determines that the changes are consistent with the approved binding site plan. (Ord. 744 § 2, 2004).
17.54.050 Vacations.
If a building permit or commercial site development permit is revised or expires, then the binding site plan shall be vacated unless the planning manager determines that the revision is consistent with the approved binding site plan. (Ord. 744 § 2, 2004).
17.54.060 Recording.
(1) Plat certificates or owner’s duplicate certificates for registered land pursuant to Chapter 65.12 RCW shall be provided to the city by the owner along with a copy of the last real estate transaction for all adjoining unplatted parcels.
(2) Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a land surveyor. A final binding site plan shall be prepared on forms 18 inches by 24 inches in size, allowing for a one-inch border on all sides.
(3) The approved binding site plan recording documents shall include the following:
(a) Except for a binding site plan for a condominium, lots must be identified by number on a binding site plan containing more than one lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose;
(b) Signature and stamp of the land surveyor who prepared the binding site plan in accordance with Chapter 332-130 WAC and Chapter 58.09 RCW;
(c) Reference to the recording number of the completed survey if the boundaries were previously surveyed;
(d) Reference to all agreements or covenants required as a condition of approval;
(e) Notarized signatures of all parties having an ownership interest in the land being divided;
(f) Satisfaction of health department requirements, unless previously approved on a recorded final planned unit development, a building permit, an as-built plan for developed sites or a site development permit for the entire site;
(g) Approval of the city engineer;
(h) Approval of the city office of finance;
(i) Approval of the King County assessor;
(j) Approval of the planning manager;
(k) Recording certificate required for signature of King County records and elections division; and
(l) City permit number, if applicable.
(4) A deposit to cover anticipated taxes and assessments is required for binding site plans pursuant to Chapter 58.08 RCW. The applicant shall be required to provide certification from the King County assessor’s office that property taxes for the subject property are not delinquent prior to issuance of a final approval.
(5) Lots, parcels or tracts created through 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 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.
(6) No person shall sell, transfer or lease any lot, tract or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan or without binding site plan approval.
(7) The binding site plan shall set forth limitations and conditions, including irrevocable dedications of property and containing a provision that any development of the site shall be in conformity with the approved binding site plan. (Ord. 744 § 2, 2004).
17.54.070 Completion and bonding requirements.
All improvements required as a condition of a binding site plan approval shall be completed within one year from the date of approval. If the required improvements have not been completed prior to recording the final site plan approval, the city may accept a payment and performance bond to ensure completion by the owner or contractor. The bond shall be deposited with the city with the following conditions.
(1) The bond shall:
(a) Be issued by a surety company licensed to do business in Washington State;
(b) Name the contractor or owner as the principal;
(c) Name the city as beneficiary;
(d) Be conditioned upon the principal’s satisfactory completion of the site plan conditions; and
(e) Remain in effect for one year following the recording of the binding site plan.
(2) If the required improvements are not completed within the time specified in this section, the city shall tender the claim to the bonding company to complete the work. If the tender is rejected, the bond shall be forfeited in favor of the city, and the city shall use the bond to construct the improvements required by the binding site plan approval.
(3) All legal costs incurred by the city to enforce completion or call the bond shall be borne by the principal of the bond.
(4) The city may also require a bond to warrant performance of mechanical or other equipment and landscaping for a period of one year following installation. (Ord. 744 § 2, 2004).
17.54.080 Expiration.
If the binding site plan is not recorded within six months of the date of approval, the plan shall be void. Upon written request of the applicant prior to the six-month expiration date, the planning manager may grant one extension of not more than six months. (Ord. 744 § 2, 2004).