BP BHEAD INT S [atlas:bill]

AN ACT Relating to binding site plans; and amending RCW 58.17.035 and 58.17.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 58.17.035 and 1987 c 354 s 2 are each amended to read as follows:

A city, town, or county may adopt by ordinance procedures for the divisions of land by use of a binding site plan as an alternative to the procedures required by this chapter. The ordinance shall be limited and only apply to one or more of the following: (1) The use of a binding site plan to divisions for sale or lease of commercially or industrially zoned property as provided in RCW 58.17.040(4); (2) divisions of property for lease as provided for in RCW 58.17.040(5); and (3) divisions of property as provided for in RCW 58.17.040(7). Such ordinance may apply the same or different requirements and procedures to each of the three types of divisions and shall provide for the alteration or vacation of the binding site plan, and may provide for the administrative approval of the binding site plan. However, such an ordinance may not impose requirements or procedures that are inconsistent with the provisions of RCW 58.17.040 (4), (5), or (7). Such an ordinance is not necessary for divisions of property as provided for in RCW 58.17.040(7)(d) (i) or (ii).

The ordinance shall provide that after approval of the general binding site plan for industrial or commercial divisions subject to a binding site plan, the approval for improvements and finalization of specific individual commercial or industrial lots shall be done by administrative approval.

The binding site plan, after approval, and/or when specific lots are administratively approved, shall be filed with the county auditor with a record of survey. However, when a binding site plan has been approved pursuant to RCW 58.17.040(7)(d) (i) or (ii), then no further administrative approval of these lots and no record of survey is required other than the survey map and plans required under chapter 64.32 or 64.34 RCW. Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. Except for divisions made under RCW 58.17.040(7), the number of lots, tracts, parcels, sites, or divisions shall not exceed the number of lots allowed by the local zoning ordinances.

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.

Any sale, transfer, or lease of 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, shall be considered a violation of chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in chapter 58.17 RCW.

Sec. 2. RCW 58.17.040 and 1992 c 220 s 27 are each amended to read as follows:

The provisions of this chapter shall not apply to:

(1) Cemeteries and other burial plots while used for that purpose;

(2) Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the governing authority of the city, town, or county in which the land is situated shall have adopted a subdivision ordinance requiring plat approval of such divisions: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;

(3) Divisions made by testamentary provisions, or the laws of descent;

(4) Divisions of land into lots or tracts classified for industrial or commercial use when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;

(5) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;

(6) A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site; and

(7) Divisions of land into lots or tracts if: (a) Such division is the result of subjecting a portion of a parcel or tract of land to either chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land; (b) ((the improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest; (c))) a city, town, or county has approved the binding site plan for all such land; ((~~(d)~~)) (c) such approved binding site plan is recorded in the county or counties in which such land is located; and ((~~(e)~~)) (d) the binding site plan contains thereon the following statement: "All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. ((Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest.)) This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein." The ((~~binding site plan may, but need not,~~)) owner of the land against which a binding site plan will be recorded may elect, but can not be required by a city, town, or county, to depict or describe on the binding site plan the boundaries of the lots or tracts resulting from subjecting a portion of ((~~the~~)) a parcel or tract of land to either chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved as a binding site plan for purposes of this subsection, and shall not be subject to further review or approval, if the site plan was approved by a city, town, or county: (i) In connection with the final approval of a subdivision plat ((or)), planned unit development, rezone, or other land use approval process with respect to all of such land; or (ii) in connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or (iii) if not approved pursuant to (i) ((~~and~~)) or (ii) of this subsection (7)((~~(e)~~)) (d), then pursuant to such other procedures as such city, town, or county may have established for the approval of a binding site plan pursuant to this subsection, which procedures may include the review and approval of the site plan before recording. This chapter does not apply to the creation of a condominium pursuant to either chapter 64.32 or 64.34 RCW unless a division of land will result from subjecting a portion of a parcel or tract of land in chapter 64.32 or 64.34 RCW, in which event this chapter only applies to the division of land into the portions being made and not being made a part of the condominium, and shall not apply to the creation of a condominium within any such portion. In the event of any conflict between the provisions of this chapter and chapter 64.32 or 64.34 RCW, then chapter 64.32 or 64.34 RCW controls. "Subjecting a portion of a parcel or tract of land to chapter 64.32 or 64.34 RCW" means: Recording pursuant to either chapter 64.32 or 64.34 RCW a condominium declaration and survey map and plans in which the land being made a part of the condominium upon such recording is a portion of such parcel or tract and the remaining portion of such parcel or tract is not being made a part of the condominium upon such recording; as a result of such recording, such a parcel or tract is divided into a portion being made, and a portion not being made a part of the condominium; such portions of the parcel or tract could not each legally be sold, transferred, or leased to two different transferees without such division first having satisfied the requirements of this chapter.