Chapter 30.41D
BINDING SITE PLANS

Sections:

30.41D.010    Purpose and applicability.

30.41D.020    Procedure.

30.41D.025    Time limitation of application.

30.41D.030    Application process for county-owned property.

30.41D.040    Additional submittal requirements.

30.41D.100    Decision criteria.

30.41D.105    Repealed.

30.41D.110    Decision criteria - conditions of approval.

30.41D.120    Conditions for previously approved site plan.

30.41D.130    Conditions when concurrently reviewed.

30.41D.140    Approval expiration.

30.41D.200    Design standards - access requirements.

30.41D.210    Road and right-of-way establishment and right-of-way dedication.

30.41D.220    Phased development.

30.41D.300    Acceptance of site improvements.

30.41D.310    Performance security.

30.41D.320    Revisions.

30.41D.330    Taxes.

30.41D.340    Recording with auditor.

30.41D.350    Vacation.

30.41D.010 Purpose and applicability.

(1) The purpose of this chapter is to provide an alternative method for the division of land as authorized by RCW 58.17.035 and 58.17.040(4), (5), and (7). A binding site plan ensures through covenants, conditions, restrictions, easements, and other requirements binding upon all lot owners that the collective lots continue to function as one site concerning but not limited to public roads, improvements, open spaces, drainage, and other elements specified in this chapter.

(2) The provisions of this chapter shall apply to:

(a) The division of commercial or industrial zoned land for sale or lease when used for commercial or industrial purposes, or the division of land for lease when used as a mobile home park, or recreational vehicle park;

(b) The division of land resulting from subjecting a portion of a parcel or tract to the Horizontal Property Regimes Act, chapter 64.32 RCW, or the Condominium Act, chapter 64.34 RCW; and

(c) The division of land for the creation of special purpose tracts pursuant to chapter 30.42B SCC.

(3) The provisions of this title do not apply to:

(a) Divisions of commercial or industrially-zoned property for lease during exhibitions or other special events of a temporary, short-term nature, not to exceed six months duration;

(b) Boundary line adjustments;

(c) Housing cooperatives; and

(d) Divisions for commercial or industrial zoned land when such lands are being used only for single family or multifamily residential purposes, or proposed for such residential purposes, except when the division is proposed pursuant to SCC 30.41D.010(2)(b).

(e) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)

30.41D.020 Procedure.

The department will process a binding site plan according to the procedures for a Type 1 administrative decision. Submittal requirements are established and implemented per SCC 30.70.030. A binding site plan application will be processed concurrently with any other application for development of the same site, unless the applicant requests otherwise.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41D.025 Time limitation of application.

A binding site plan application shall expire pursuant to SCC 30.70.140.

(Added by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.41D.030 Application process for county-owned property.

A binding site plan application for county-owned property will be processed in the same manner as any other binding site plan application, except that when a master development plan exists for county-owned property, the master development plan will serve as the approved binding site plan. To effect the proposed land division, the binding site plan must be recorded with a record of survey.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41D.040 Additional submittal requirements.

The submittal requirements for binding site plan applications are set forth in an application checklist provided by the department pursuant to SCC 30.70.030. All binding site plan applications must include one of the following site plan representations which show the proposed and existing location of all roads, improvements, open space, and any other element specified by this title:

(1) A previously approved site plan;

(2) A revision to a previously approved site plan; or

(3) A new site plan for proposed development.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41D.100 Decision criteria.

In order to approve a binding site plan, the department must find that the newly created lots function and operate as one site, and that the binding site plan and record of survey comply and are consistent with the following provisions as well as any other applicable regulations as determined by the department:

(1) The requirements of this chapter;

(2) Requirements for noise control - see chapter 10.01 SCC;

(3) Requirements for public or private roads, right-of-way establishment and permits, access, and other applicable road and traffic requirements;

(4) Compliance with fire lane, emergency access, fire-rated construction, hydrants and fire flow, and other requirements of chapter 30.53A SCC;

(5) Compliance with applicable construction code requirements, subtitle 30.5 SCC;

(6) Compliance with applicable use and development standard requirements of Subtitle 30.2 SCC;

(7) Compliance with applicable shoreline management code requirements of chapters 30.44 and 30.67 SCC and/or flood hazard area requirements of chapter 30.65 SCC;

(8) Compliance with environmental policies and procedures, critical areas regulations, and resource lands requirements of chapters 30.61, 30.62A, 30.62B, 30.62C and 30.32A - 30.32C SCC;

(9) Compliance with applicable drainage requirements of chapter 30.63A SCC;

(10) Compliance with applicable impact fee requirements of chapters 30.66A - 30.66C SCC;

(11) Applicable sewerage regulations, chapter 30.29 SCC, and provisions for adequate water supply and refuse disposal; and

(12) Any other applicable provision of this title.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.41D.105 Subsequent development permits.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Repealed by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.41D.110 Decision criteria - conditions of approval.

(1) The department is authorized to impose conditions and limitations on the binding site plan. By this authority, and if the department determines that any delay in satisfying requirements will not adversely impact the public health, safety, or welfare, the department may allow requirements to be satisfied prior to issuing the first building permit for the site, or prior to issuing the first building permit for any phase, or prior to issuing a specific building’s certificate of occupancy, or in accordance with an approved phasing plan.

(2) The binding site plan shall contain a provision requiring that any development of the site shall be in conformity with the approved binding site plan.

(3) The department may authorize sharing of open space, parking, access, and other improvements among properties subject to the binding site plan. Conditions and restrictions on development, use, maintenance, shared open space, parking, access, and other improvements shall be identified on the binding site plan and enforced by covenants, conditions, restrictions, easements, or other legal mechanisms.

(4) All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the owner, purchaser, and any other person acquiring a possessory ownership, security, or other interest in any property subject to the binding site plan.

(5) After approval of a binding site plan for land zoned and used for commercial or industrial purposes, or for land zoned and used for mobile home parks, recreational vehicle parks, courts, the applicant shall record the approved binding site plan with a record of survey (except for the provision of RCW 58.09.090 (1)(d)(iv)) as one recording document complying with the requirements of this chapter 30.41D SCC labeled as "Binding Site Plan."

(6) After approval of a binding site plan for land, all or a portion of which will be subjected to the provisions of chapter 64.32 or 64.34 RCW, the applicant shall record the approved binding site plan with a record of survey (except for the provisions of RCW 58.09.090(1)(d)(iv)) as one recording document complying with the requirements of this chapter 30.41D SCC labeled as "Binding Site Plan." Following recordation of the binding site plan with record of survey, the applicant shall independently complete improvements shown on the approved binding site plan and file a declaration of condominium, and survey map and plans as required by chapter 64.32 or 64.34 RCW.

(7) Under subsection (5) or (6) above, when a record of survey is not required pursuant to RCW 58.09.090(1)(d)(iv), the applicable record of survey data, consistent with the submittal requirements as adopted by the department pursuant to SCC 30.70.030, shall be shown on the binding site plan to be recorded.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41D.120 Conditions for previously approved site plan.

If a previously approved site plan is submitted for binding site plan approval, the conditions and limitations imposed by the department may, where appropriate, include any conditions and limitations contained in the previously approved site plan.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41D.130 Conditions when concurrently reviewed.

When a binding site plan is being considered concurrently with another land development application, the department will incorporate all conditions and limitations imposed on the concurrent application into the binding site plan.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41D.140 Approval expiration.

Binding site plan approval shall expire pursuant to SCC 30.70.140.

(Added by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.41D.200 Design standards - access requirements.

Access requirements and road standards to and within lots of the binding site plan shall be provided in accordance with chapter 30.24 and 30.66B SCC and the EDDS. New public road(s) shall be provided for lot access where determined by the director of public works to be reasonably necessary as a result of the proposed development or to make appropriate provisions for public roads. The applicant may also propose establishment of public road(s).

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41D.210 Road and right-of-way establishment and right-of-way dedication.

(1) Where road and/or right-of-way establishment is required for a binding site plan application or proposed by the applicant, establishment shall be in accordance with chapter 13.90 SCC and shall occur prior to recording the binding site plan with record of survey. The establishment shall be effective upon recording of the binding site plan with record of survey.

(2) Where dedication of new right-of-way is required for binding site plan approval, the dedication shall be made in accordance with chapter 30.66B SCC and pursuant to chapter SCC 2.01.040, prior to or at the time of recording the binding site plan with record of survey. The dedication shall be effective upon recording of the binding site plan with record of survey.

(3) Road and right-of-way establishment and right-of-way dedications stated as approval conditions for a previously approved site plan requiring implementation prior to issuance of any subsequent building or development permit, shall be implemented at the time of binding site plan with record of survey recording.

(4) Where right-of-way is established by recording a binding site plan with record of survey but not required or built upon at the time of site development, a revised binding site plan with record of survey may be prepared, approved, and recorded showing the elimination of the right-of-way.

(5) This section shall not apply where the establishment or dedication has already been approved or is being considered for approval with another concurrent land development application that includes a site plan approval.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41D.220 Phased development.

(1) An applicant who chooses to develop a site in phases or divisions shall submit to the department a phasing plan consisting of a written schedule and a drawing illustrating the plan for concurrent review with the application for a binding site plan.

(2) Site improvements designed to relate to, benefit, or be used by the entire development (such as stormwater detention pond or tennis courts in a residential development) shall be noted on the phasing plan. The phasing plan shall relate completion of such improvements to completion of one or more phases or stages of the entire development.

(3) Once a phasing plan has been approved, the information contained therein shall be shown on, or the phasing plan attached to and made a part of, the binding site plan.

(4) Approval of a phasing plan does not constitute approval of the binding site plan. No land may be used, no buildings may be occupied, and no lots may be sold except in accordance with the approved binding site plan.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41D.300 Acceptance of site improvements.

All public and private site improvements must be completed and accepted by the county or subjected to a performance security approved by the department, pursuant to SCC 30.84.105, prior to issuing the first building permit for the site, prior to issuing the first building permit for any phase, or prior to issuing a specific building’s certificate of occupancy. Alternatively, the department may condition the completion of such improvements pursuant to an approved phasing plan.

(Added Amended ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.41D.310 Performance security.

Prior to issuing the first building permit for a site development, prior to issuing the first building permit for each phase, or prior to issuing a specific building’s certificate of occupancy, a performance security shall be required pursuant to chapter 30.84 SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.41D.320 Revisions.

Revisions to an approved binding site plan shall be processed pursuant to SCC 30.70.210 or 30.70.220.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 13-050, Aug. 28, 2013, Eff date Sept. 19, 2013)

30.41D.330 Taxes.

(1) Prior to recording a binding site plan with record of survey, all taxes for the current year must be paid, together with taxes for any delinquent years. Proof of payment must be indicated by the seals and signatures of the county treasurer and deputy treasurer on a certificate shown on the face of the binding site plan with record of survey.

(2) If a binding site plan with record of survey is recorded after May 31 in any year and prior to the date of the collection of taxes, the applicant shall deposit with the county treasurer a sum equal to the product of the county assessor’s latest valuation on the unimproved property multiplied by the current year’s mileage rate and increased by 25 percent.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41D.340 Recording with auditor.

(1) The applicant shall file for record the approved original binding site plan and original record of survey as one document with the auditor in accordance with SCC 30.41D.110(6). The auditor shall distribute copies of the recorded document to the department, the department of public works, and the county assessor. All distributed copies shall bear the auditor’s recording data.

(2) The auditor shall refuse to accept any binding site plan and record of survey for filing and recording until the director has approved and signed each document.

(3) A binding site plan and record of survey shall take effect upon recording, which must occur within the timeframe established in SCC Table 30.70.140(1), after both are approved by the director, subject to the conditions contained therein.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.41D.350 Vacation.

The department is authorized to adopt standards and procedures for vacating a binding site plan upon the request of all owners of the subject property. The standards and procedures shall, if determined appropriate by the department, require that all parties having an interest in property subject to the binding site plan consent to vacation and that all legal instruments effecting the division of property into lots be rescinded.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)