(1) The department is authorized to impose conditions and limitations on the binding site plan. By this authority, and if the department determines that any delay in satisfying requirements will not adversely impact the public health, safety, or welfare, the department may allow requirements to be satisfied prior to issuing the first building permit for the site, or prior to issuing the first building permit for any phase, or prior to issuing a specific building’s certificate of occupancy, or in accordance with an approved phasing plan.

(2) The binding site plan shall contain a provision requiring that any development of the site shall be in conformity with the approved binding site plan.

(3) The department may authorize sharing of open space, parking, access, and other improvements among properties subject to the binding site plan. Conditions and restrictions on development, use, maintenance, shared open space, parking, access, and other improvements shall be identified on the binding site plan and enforced by covenants, conditions, restrictions, easements, or other legal mechanisms.

(4) All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the owner, purchaser, and any other person acquiring a possessory ownership, security, or other interest in any property subject to the binding site plan.

(5) After approval of a binding site plan for land zoned and used for commercial or industrial purposes, or for land zoned and used for mobile home parks, recreational vehicle parks, courts, the applicant shall record the approved binding site plan with a record of survey (except for the provision of RCW 58.09.090(1)(d)(iv)) as one recording document complying with the requirements of this chapter 30.41D SCC labeled as "Binding Site Plan."

(6) After approval of a binding site plan for land, all or a portion of which will be subjected to the provisions of chapter 64.32 or 64.34 RCW, the applicant shall record the approved binding site plan with a record of survey (except for the provisions of RCW 58.09.090(1)(d)(iv)) as one recording document complying with the requirements of this chapter 30.41D SCC labeled as "Binding Site Plan." Following recordation of the binding site plan with record of survey, the applicant shall independently complete improvements shown on the approved binding site plan and file a declaration of condominium, and survey map and plans as required by chapter 64.32 or 64.34 RCW.

(7) Under subsection (5) or (6) above, when a record of survey is not required pursuant to RCW 58.09.090(1)(d)(iv), the applicable record of survey data, consistent with the submittal requirements as adopted by the department pursuant to SCC 30.70.030, shall be shown on the binding site plan to be recorded. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).