Chapter 19A.20
BINDING SITE PLANS

Sections:

19A.20.010    Purpose.

19A.20.020    Applicability.

19A.20.030    Requirements and limitations.

19A.20.040    Alterations.

19A.20.050    Vacations.

19A.20.060    Recording.

19A.20.010 Purpose.

The purposes of this chapter are:

(1) To provide an alternative method for division of land for commercial zoned property or condominiums;

(2) To allow the director to modify interior lot-based or lot line requirements contained within the zoning, building, fire and other similar codes adopted by the City and allow use of the entire site for the purpose of satisfying these requirements;

(3) To allow the director to authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan; and

(4) To specify administrative requirements for binding site plans in addition to the procedural requirements of Chapter 20.05 SMC and in accordance with applicable Washington State and City of Sammamish laws, rules and regulations. (Ord. O2010-284 § 2 (Att. A))

19A.20.020 Applicability.

(1) 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 zoned property, or creation of condominium units, is required to have an approved binding site plan prior to any property division, as provided for in Chapter 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 building permit, an as-built site plan for developed sites, a site development permit issued for the entire site, or an approved site plan showing the anticipated development plan for the entire site, notwithstanding the provisions of Chapter 21A.95 SMC.

(2) An application for a binding site plan approval shall be processed as a Type 2 permit pursuant to SMC 20.05.020.

(3) The site that is subject to the binding site plan shall consist of one or more contiguous lots.

(4) 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.

(5) 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. O2010-284 § 2 (Att. A))

19A.20.030 Requirements and limitations.

(1) The binding site plan shall ensure that the collective lots continue to function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking.

(2) The binding site plan shall:

(a) Identify the areas and locations of all streets, roads, improvements, utilities, water and sewer facilities, open spaces, critical areas, parking areas, landscaped areas, surveyed topography for preliminary map, water bodies and drainage features, and building envelopes;

(b) 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; and

(c) Contain provisions requiring any development or division of land to be in conformance with the approved site plan.

(3) 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. (Ord. O2010-284 § 2 (Att. A))

19A.20.040 Alterations.

(1) 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.

(2) Changes to a building permit, subdivision, 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. O2010-284 § 2 (Att. A))

19A.20.050 Vacations.

(1) 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.

(2) If a building permit or commercial site development 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. O2010-284 § 2 (Att. A))

19A.20.060 Recording.

(1) 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.

(2) 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 in a format prescribed by the department.

(3) The binding site plan shall contain all information as set forth in an official submittal checklist signed by the director.

(4) 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.

(5) 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.

(6) The binding site plan shall set forth limitations and conditions, including irrevocable dedications of property and contain a provision that any development of the site shall be in conformity with the approved binding site plan. (Ord. O2010-284 § 2 (Att. A))