FINAL BILL REPORT

SSB 5892

                                  C 108 L 87

BYSenate Committee on Governmental Operations (originally sponsored by Senators Smitherman, Johnson and Bottiger)

Modifying the binding site plan exemption to land subdivision requirements.

Senate Committee on Governmental Operations

House Committe on Local Government

SYNOPSIS AS ENACTED

BACKGROUND:

A county, city, or town may exempt a division of land for the creation of mobile home parks, condominiums, industrial or commercial lots from review and approval under the platting and subdivision chapter if its governing body has approved a binding site plan for the division in accordance with local regulations.

A binding site plan is defined as a drawing to scale which includes:  (1) identification of those streets, utilities, open spaces, and improvements required by the local governmental entity; (2) inscriptions or attachments setting forth limitations and conditions on the use of the land established by the local government; and (3) provisions requiring development to be in conformity with the site plan.  A binding site plan must be filed with the county auditor and is enforceable against the purchaser or other person acquiring ownership of the lot.  Any sale or transfer of such a lot in violation of the binding site plan, or without obtaining binding site plan approval, is illegal.

It is suggested that the governing body of a county, city or town be allowed to delegate the approval of binding site plans to administrative officers or bodies.

SUMMARY:

Language in the platting and subdivisions chapter requiring approval of a binding site plan by the governing body of a county, city, or town is stricken.  The authority to approve binding site plans may be delegated to administrative officers or bodies.

VOTES ON FINAL PASSAGE:

      Senate    47     0

      House 98   0

EFFECTIVE:July 26, 1987