Chapter 15.12
BINDING SITE PLANS

Sections:

15.12.010    Type of application.

15.12.020    Purpose.

15.12.030    Requirements for a complete application.

15.12.040    Scope – Property allowed to use the binding site plan process.

15.12.050    Procedure – General binding site plan.

15.12.060    Procedure – Final binding site plan.

15.12.070    Special provisions applicable to condominium developments subject to Chapter 64.34 or 64.32 RCW.

15.12.080    Modifications.

15.12.010 Type of application.

General and final binding site plans are Type II applications; such applications shall be processed in accordance with procedures set forth in BMC Title 11. (Ord. 2123 § 2 (Exh. B), 2013; Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1632 § 1, 1996).

15.12.020 Purpose.

This chapter provides for an optional method for the division for lease or sale of commercial or industrial property, condominiums and mobile home parks through the use of a binding site plan as provided for in Chapter 58.17 RCW. This method may be employed as an alternative to the subdivision and short subdivision procedures in this title when consistent with this chapter. The overall process for approving a binding site plan is a two-step process in which general binding site plan approval is obtained first, and specific binding site plan approval is obtained second. (Ord. 2123 § 2 (Exh. B), 2013; Ord. 1815 § 1, 2000; Ord. 1632 § 1, 1996).

15.12.030 Requirements for a complete application.

These requirements are in addition to the minimum application requirements in BMC 11.06.002.

A.    General Binding Site Plan.

1.    The application submittal requirements of BMC 15.08.020;

2.    A copy of the site plan as approved by the city through the grading or building permit, planned unit development or other development application process;

3.    A copy of any existing, recorded or proposed covenants, conditions and restrictions, property owners’ association bylaws and incorporation documents, and all other private restrictions or provisions currently applicable or which may become applicable to the subject property;

4.    If an existing residential development, evidence of the vote or appropriate association approval authorizing the submittal of the application;

5.    A copy of a title company certification (current within 60 days from filing of the binding site plan) confirming that the title of the lands as described and shown on the binding site plan is in the name of the owner(s) signing the binding site plan; and

6.    The number of copies as directed by the city.

B.    Final Binding Site Plan.

1.    The number of copies as directed by the city;

2.    Required information as set forth in BMC 15.10.020;

3.    Approved plans and documents from the applicable general binding site plan;

4.    A statement indicating that all development on the subject parcel is bound to the binding site plan; and

5.    Reference by recording number to the covenants, conditions and restrictions and property owners’ association incorporation documents applicable to the property. (Ord. 2123 § 2 (Exh. B), 2013; Ord. 1815 § 1, 2000; Ord. 1632 § 1, 1996).

15.12.040 Scope – Property allowed to use the binding site plan process.

A.    The division of property by binding site plan is limited to the following:

1.    Divisions of land into lots with a zoning classification allowing industrial or commercial uses;

2.    A division for the purpose of lease when no residential structures other than manufactured/mobile homes or travel trailers are permitted to be placed upon the land, provided the site plan complies with all applicable manufactured/mobile home park regulations and the zoning code;

3.    A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot which contains insufficient area and dimension to meet the minimum requirements for lot circle and lot area as determined by the underlying zoning classification; and

4.    A division of land subject to Chapters 64.32 and 64.34 RCW as now in effect or hereafter amended so long as the site plan complies with the standards for condominiums under applicable Bothell Municipal Code provisions.

B.    Concurrent Applications. When an applicant wishes to utilize the binding site plan process, a binding site plan may be applied for and reviewed concurrent with an application for a general binding site plan.

C.    Existing Development. Approved condominium developments, approved mobile home parks, approved final planned unit developments and approved building permits for any of the developments identified within this section which have been approved prior to the effective date of this chapter shall hereafter qualify as an approved general binding site plan. The division or redivision of land for sale or lease qualifying under this subsection may be achieved through either the specific binding site plan, subdivision or, if four or fewer lots, the short subdivision process.

D.    Binding Site Plan Runs with the Land. After a general or specific binding site plan is filed with the auditor of the county in which the land lies, all persons, parties, their successors, heirs or assigns, who own, have, or will have by virtue of purchase, inheritance or assignment, any interest in the real property of the subject site or portions thereof, shall be bound by the conditions and inscriptions attending the general/specific binding site plan. (Ord. 2123 § 2 (Exh. B), 2013; Ord. 1815 § 1, 2000; Ord. 1632 § 1, 1996).

15.12.050 Procedure – General binding site plan.

A.    The general binding site plan shall be considered by the appropriate decision body as provided for within Chapter 11.04 BMC.

B.    Criteria for Review. The general binding site plan shall be reviewed for consistency with the Imagine Bothell... Comprehensive Plan and with the applicable development regulations in the Bothell Municipal Code. (Ord. 2123 § 2 (Exh. B), 2013; Ord. 1815 § 1, 2000; Ord. 1632 § 1, 1996).

15.12.060 Procedure – Final binding site plan.

A.    Filing – Final Binding Site Plan. A final binding site plan shall be filed with the department of community development at such time as the property owner(s) intends to sell or lease a portion of property as approved in a general binding site plan.

B.    Limitations. The final binding site plan shall not be used to modify the provisions of the approved general binding site plan, building permit, final occupancy permit, or associated planned unit development other than to divide lots for sale or lease within areas designated for lot development in the general binding site plan.

C.    Review Procedures – Final Binding Site Plan. The final binding site plan shall be reviewed for compliance with the conditions of the general binding site plan, building permit, applicable planned unit development conditions and all other applicable regulations in effect at the time of application.

D.    Approval and Recording. Upon determination of consistency, the final binding site plan shall be signed by the community development director and the public works director and filed with the county auditor of the county in which the property is located. (Ord. 2123 § 2 (Exh. B), 2013; Ord. 1815 § 1, 2000; Ord. 1632 § 1, 1996).

15.12.070 Special provisions applicable to condominium developments subject to Chapter 64.34 or 64.32 RCW.

The following additional conditions shall be required:

A.    The improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to 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;

B.    The city has approved a general binding site plan pursuant to BMC 15.12.050 for the subject property;

C.    All necessary documents are recorded with the county in which such land is located; and

D.    The binding site plan contains the following statement on the face of the binding site plan:

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, town, or county having jurisdiction over the development of such land, 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. [RCW 58.17.040(7)(e)]

E.    The general binding site plan for a condominium development shall be deemed approved if the subject property has received final approval of a preliminary subdivision, planned unit development, a building permit, or a final certificate of occupancy has been issued. (Ord. 2123 § 2 (Exh. B), 2013).

15.12.080 Modifications.

A.    Binding Site Plan Modifications. Modifications to a binding site plan shall be processed in the same manner as the original binding site plan.

B.    Information Waiver. The community development director may waive the submittal of required information for general and final binding site plans if the information is either recorded or recorded by reference with the auditor and is available in the city’s file(s).

C.    The city may rescind all or a portion of a general or final binding site plan upon the request of the owner or owners of a legal lot or lots subject to a recorded binding site plan; provided, that any portion of a binding site plan which is rescinded shall be considered to be one lot unless divided by an approved subdivision or short division.

D.    Signatures of the owners of those portions of a binding site plan which are not proposed to be altered by an amendment or rescission are not required on the amended binding site plan or application for rescission. (Ord. 2123 § 2 (Exh. B), 2013; Ord. 1815 § 1, 2000; Ord. 1632 § 1, 1996. Formerly 15.12.070).