Chapter 17.20
BINDING SITE PLANS
Sections:
17.20.005 Title.
17.20.010 Purpose.
17.20.020 Applicability.
17.20.030 Requirements and limitations.
17.20.040 Alterations.
17.20.050 Vacations.
17.20.060 Recording.
17.20.005 Title.
This chapter shall be known as the binding site plan ordinance and may be cited as such. (Ord. 1188 § 2 (part), 2003).
17.20.010 Purpose.
The purposes of this chapter are to:
A. Provide a method for division of land for commercial and industrial zoned property, mobile home parks, trailer parks or condominiums;
B. Allow the director to modify interior lot-based or lot line requirements contained within the zoning, building, fire and other similar international codes adopted by the city;
C. Allow the director to authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan; and
D. Specify administrative requirements for binding site plans in addition to the procedural requirements of NBMC 20.01.004 and in accordance with applicable Washington State and city of North Bend laws, rules and regulations. (Ord. 1188 § 2 (part), 2003).
17.20.020 Applicability.
A. 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 commercial or industrial zoned property, lease of mobile homes or travel trailers, 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.
B. The site that is subject to the binding site plan shall consist of one or more contiguous lots.
C. 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.
D. The binding site plan process creates or alters lot lines and does not authorize substantial improvements or changes to the property or the uses thereon. (Ord. 1188 § 2 (part), 2003).
17.20.030 Requirements and limitations.
A. The binding site plan shall ensure that the collective lots continue to function as one site with respect to, but not limited to, compliance with city design standards, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking.
B. The binding site plan shall:
1. 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;
2. Contain inscriptions or attachments setting forth such limitations and conditions for the use of the land as are established by the director or the hearing examiner, including, but not limited to, compliance with city design standards; and
3. Contain provisions requiring any development or division of land to be in conformance with the approved site plan.
C. 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.
D. All applicable processing fees specified by Chapter 20.09 NBMC and any civil penalty assessed pursuant to Chapter 20.10 NBMC against a site being reviewed under this section shall be paid prior to recording. (Ord. 1237 § 15 (part), 2005: Ord. 1188 § 2 (part), 2003).
17.20.040 Alterations.
A. 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.
B. Changes to a building permit, planned unit development, subdivision or short subdivision, or site development permit within a binding site plan area shall also require alteration of the binding site plan unless the director determines that such changes are consistent with the approved binding site plan. (Ord. 1188 § 2 (part), 2003).
17.20.050 Vacations.
A. Vacation of a binding site plan shall be accomplished by following the same procedure and satisfying the same laws, rules and conditions as required for a new binding site plan application, as set forth in this chapter. If a portion of a binding site plan is vacated, the property subject to the vacated portion shall constitute one lot unless the property is subsequently divided by an approved subdivision or short subdivision or another binding site plan.
B. If a building permit is revised or expires, then the binding site plan shall be vacated unless the director determines that the revision or expiration is consistent with the approved binding site plan. (Ord. 1188 § 2 (part), 2003).
17.20.060 Recording.
A. Plat certificates or owner’s duplicate certificates for registered land pursuant to Chapter 65.12 RCW shall be provided to the department by the owner along with a copy of the last real estate transaction for all adjoining unplatted parcels.
B. 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 two-inch border on one of the 18-inch sides, to allow for binding, and one-half-inch borders on the other three sides. The two-inch border will typically be on the top or left side depending on the configuration of the drawing.
C. The approved binding site plan recording documents shall include the following:
1. Except for a binding site plan for a condominium, identification of lots 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;
2. 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;
3. Reference to the recording number of the completed survey if the boundaries have been previously surveyed;
4. Reference to all agreements or covenants required as a condition of approval;
5. Notarized signatures of all parties having an ownership interest in the land being divided;
6. 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;
7. Approval of the public works director;
8. Approval of the King County office of finance;
9. Approval of the King County assessor;
10. Approval of the director;
11. Recording certificate required for signature of King County records and elections division; and
12. Department file number.
D. 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 office of finance that property taxes for the subject property are not delinquent prior to issuance of a final approval.
E. 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.
F. 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.
G. 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. 1188 § 2 (part), 2003).