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.
15.12.050 Procedure – General binding site plan.
15.12.060 Procedure – Final binding site plan.
15.12.070 Modifications.
15.12.010 Type of application.
A general binding site plan is a Type III application and a specific binding site plan is a Type II application; such applications shall be processed in accordance with procedures set forth in BMC Title 11. (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 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. 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. 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. Number of copies: 10.
2. Application contents shall be as set forth in BMC 15.08.020.
B. Specific Binding Site Plan.
1. Ten copies.
2. Application contents:
a. Required information as set forth in BMC 15.10.020;
b. Auditor’s file number of the applicable general binding site plan;
c. A statement indicating that all development on the subject parcel is bound to the site plan;
d. Reference by recording number to the covenants, conditions and restrictions and property owners’ association incorporation documents applicable to the property. (Ord. 1815 § 1, 2000; Ord. 1632 § 1, 1996).
15.12.040 Scope.
A. Area of Jurisdiction. Binding site plans will be allowed only in conjunction with a planned unit development of commercial or industrial property. This chapter shall not apply to condominiums or mobile home parks.
B. Concurrent Applications. When an applicant wishes to utilize the binding site plan process, a binding site plan shall be applied for and reviewed concurrent with an application for a commercial and/or industrial planned unit development.
C. Existing Development. Final planned unit developments for industrial/commercial use, 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 of planned unit developments 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. 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 hearing body and city council concurrent with the review of a planned unit development for commercial and/or industrial property.
B. Criteria for Review. The general binding site plan shall be reviewed for consistency with the Imagine Bothell... Comprehensive Plan and with the development regulations in this code.
C. Certificate. The general binding site plan shall contain a certificate giving a correct description of the perimeter of the land to be divided as it appears on the general binding site plan and acknowledgment that future subdivision of the land encompassed within the general binding site plan boundary may occur through the recording of a specific binding site plan and that said subdivision may have a different lot configuration than that shown on the general binding site plan within areas designated for lot development.
The certificate shall include a statement that the general binding site plan has been made with the free consent and in accordance with the desires of all parties with ownership interest. If the binding site plan is subject to dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual(s), religious society(ies) or to any corporation, public or private as shown on the certificate, in a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having ownership interest in the lands divided and recorded.
D. Recording – General Binding Site Plan. Within 12 months of approval of a general binding site plan, the applicant shall submit one reproducible and six copies of the general binding site plan to the department of community development for signatures by the community development director and the public works director as to consistency with the approved general binding site plan. After approval, the applicant shall file the documents with the county auditor in which the property lies. (Ord. 1815 § 1, 2000; Ord. 1632 § 1, 1996).
15.12.060 Procedure – Final binding site plan.
A. Filing – Specific Binding Site Plan. A specific 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 approved in a general binding site plan.
B. Limitations. The specific binding site plan shall not be used to modify the provisions of the approved general binding site plan 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 – Specific Binding Site Plan. The specific binding site plan shall be reviewed for compliance with the conditions of the general binding site plan, 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 specific 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. 1815 § 1, 2000; Ord. 1632 § 1, 1996).
15.12.070 Modifications.
A. Plan Modifications. Modifications to a general binding site plan shall be processed in the same manner as provided for in Chapter 12.30 BMC, Planned Unit Developments. Any modification to an approved specific binding site plan shall be processed in the same manner as the original specific binding site plan.
B. Information Waiver. The community development director may waive the submittal of required information for general and specific 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). (Ord. 1815 § 1, 2000; Ord. 1632 § 1, 1996).