AN
ACT Relating to binding site plans; amending RCW 58.17.035 and 58.17.040; and
adding a new section to chapter 58.17 RCW.
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
cannot 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.
NEW
SECTION. Sec. 3. A
new section is added to chapter 58.17 RCW to read as follows:
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; and 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.
This section applies to all condominiums created under either chapter 64.32 or
64.34 RCW regardless of the date on which the condominium was created.
