Chapter 16.24
BINDING SITE PLANS

Sections:

16.24.010    Purpose.

16.24.020    Requirements for complete applications.

16.24.040    Approval constitutes development authorization.

16.24.050    Forms and filing of general binding site plan.

16.24.060    Specific binding site plan procedure.

16.24.070    Effect of approval.

16.24.080    Alterations.

16.24.010 Purpose.

 The purpose of a binding site plan subdivision is to provide an alternative method of land division as provided for in RCW 58.17.035 for the sale or lease of commercial and industrial properties, for mobile home and recreational vehicle parks, or for condominiums consistent with RCW 58.17.040 and Chapter 64.34 RCW. The overall process for approving a binding site plan is a two-step process in which the general scope and design of a proposed division of land is first approved according to a general binding site plan, and the specific scope and design of lots within the general binding site plan is later approved according to a specific binding site plan. Applications for general binding site plans and specific binding site plans shall be reviewed and approved as Type IVA and Type IIB project permit applications, respectively, in accordance with the development regulations. (Ord. 1533 § 6 (Exh. 11) (part), 2017: Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.24.020 Requirements for complete applications.

 In addition to the requirements for an application set out in Chapter 16.04, an application for a binding site plan shall include the following:

A. General Binding Site Plan.

1. Application content shall include identification and general description of the:

a. Perimeter of the property;

b. Access points and general location of internal roads;

c. General location of utilities and easements; and

d. General use(s) within the proposal.

B. Specific Binding Site Plan.

1. Application contents:

a. Required information for final plats, as set forth in Sections 16.20.020 and 16.20.030;

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.

C. Reference by recording number to the covenants, conditions and restrictions and property owners’ association incorporation documents applicable to the property. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.24.040 Approval constitutes development authorization.

 Approval of the general binding site plan constitutes authorization for the applicant to develop the improvements according to the approval. Approval shall not imply approval to convey lots. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.24.050 Forms and filing of general binding site plan.

 A. Within twelve 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 administrator for signature attesting to consistency with the approved general binding site plan.

B. 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 binding site plan within areas designated for lot development.

C. 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 general 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, an individual(s), religious society(ies) or to any corporation, public or private as shown on the certificate, and 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. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.24.060 Specific binding site plan procedure.

 A. Application for approval of a specific binding site plan as to part or all of the land covered by the general binding site plan shall be filed with the administrator at such time as the property owner(s) intends to sell or lease a portion of property approved in a general binding site plan. The process of review and approval of a specific binding site plan shall not be used to modify the provisions of the approved general binding site plan other than to divide lots for sale or lease within areas designated for lot development in the general binding site plan.

B. The specific binding site plan shall be reviewed for compliance with the conditions of the general binding site plan, and all other applicable regulations in effect at the time of application for approval of the specific binding site plan. Upon determination of consistency, the specific binding site plan shall be signed by the administrator and filed with the auditor. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.24.070 Effect of approval.

 After a binding site plan is filed with the auditor, all persons, parties, and 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 binding site plan. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.24.080 Alterations.

 Alterations to a general or specific binding site plan that expand the boundaries, change the primary use, modify access location, require over fifty percent reconfiguration of streets, or other utilities, or modify the provisions for approval, shall be modified in accordance with the approval process set out in this chapter for the original general or subsequent specific binding site plan. (Ord. 1397 § 8 (Exh. 7) (part), 2009).