SENATE BILL REPORT

SB 5892

BYSenators Smitherman, Johnson and Bottiger

Modifying the binding site plan exemption to land subdivision requirements.

Senate Committee on Governmental Operations

Senate Hearing Date(s):March 4, 1987

Majority Report:  That Substitute Senate Bill No. 5892 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Halsan, Chairman; Garrett, Vice Chairman; DeJarnatt, McCaslin, Zimmerman.

Senate Staff:Sam Thompson (786-7754); Walt Corneille (786-7452)

                  March 4, 1987

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, MARCH 4, 1987

BACKGROUND:

A county, city, or town may exempt a division of land made for industrial or commercial purposes 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 to be a drawing to scale which includes:  (1) an 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 county, city or town should 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.  Also stricken is a requirement that the scale of the drawing of the binding site plan be specified by local ordinance, and that the binding site plan be approved in accordance with local regulations.

EFFECT OF PROPOSED SUBSTITUTE:

Only the language requiring approval of a binding site plan by the governing body of a county, city or town is stricken.

Fiscal Note:      none requested

Senate Committee - Testified: Tom Dolan, City of Tacoma; Doug Baker, Association of Washington Cities; Jim Williams, Washington State Association of Counties