Chapter 18.28
BINDING SITE PLAN
Sections:
18.28.020 Application requirements.
18.28.040 Minor adjustments to binding site plan.
18.28.050 Required public improvements.
18.28.010 Purpose and scope.
This chapter has been established for the purpose of providing greater flexibility in the creation of lots or parcels of land in districts classified for business, commercial and industrial uses, and for the development of condominiums, and to provide an alternative for the subdivision of such land. (Ord. 02-22 § 3, 2022; Ord. 09-20 § 1, 2020).
18.28.020 Application requirements.
(1) Applications for a binding site improvement plan shall be submitted to the city on forms provided by the city. The application shall be accompanied by the number of copies of the binding site plan prescribed by the planning department.
(2) The binding site plan shall consist of the following:
(a) A neat and accurate drawing of the subject property, prepared by a land surveyor or civil engineer licensed in the state of Washington;
(b) A plan that identifies the location and dimensions of all existing and proposed streets, roads, critical areas and open spaces;
(c) A plan that bears all inscriptions setting forth such appropriate limitations and conditions for the use of the land.
(3) The application shall be accompanied by the application fee required by the resolution adopted under Chapter 18.32 BMC.
(4) Environmental information shall be prepared and submitted with the application and in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended, and BMC Title 12, as amended. The information is a part of and must accompany the binding site improvement plan application. (Ord. 09-20 § 1, 2020).
18.28.030 Review procedure.
An application for a binding site plan shall be reviewed and acted upon in the following manner:
(1) Review of the preliminary binding site plan by city staff and staff recommendations and comments prepared;
(2) Review authority public hearing and final decision;
(3) Approval shall be based upon a written determination by the review authority that the binding site plan is consistent with all applicable development standards, the comprehensive plan and the public interest;
(4) Construction, inspection and approval of all or a portion of required public improvements or posting of bond in the amount of 150 percent of the estimated cost of improvements. If property is owned by the city of Buckley, the city may waive construction and bonding requirements;
(5) Submission of final binding site plan by the applicant;
(6) Review authority review and final decision;
(7) Site plan to be recorded with Pierce County. (Ord. 05-23 § 3, 2023; Ord. 09-20 § 1, 2020).
18.28.040 Minor adjustments to binding site plan.
If minor adjustments are made following the approval of the binding site plan, such adjustment may be approved by the city administrator without use of the review procedures outlined in BMC 18.28.030. Minor adjustments are those which may affect the precise dimensions or location of proposed streets, roads, improvements, utilities, or open spaces. Minor adjustments do not include boundary line adjustments. If a property owner or developer wishes to make an adjustment to the final binding site plan, which the city administrator determines to be beyond the scope of this section, the adjustment shall be reviewed in accordance with the provisions of BMC 18.28.030. All minor adjustments shall be recorded with the county auditor as an amendment to the binding site plan. (Ord. 09-20 § 1, 2020).
18.28.050 Required public improvements.
(1) Prior to recording of any binding site plan, the applicant shall install and construct all public improvements the city has determined are necessary for the initial development of the site, including required off-site improvements. The public improvements include, but are not necessarily limited to, the following:
(a) Adequate water supply;
(b) Adequate sewage disposal;
(c) Appropriate storm drainage improvements;
(d) Appropriate streets;
(e) Adequate fire hydrants;
(f) Appropriate access to all lots within the plan;
(g) Provision for all appropriate deeds, dedications and easements.
(2) In lieu of the completion of all required site improvements, the city may place restrictions on the timing of development for portions of the site or allowed bonding as authorized by city of Buckley Municipal Code. (Ord. 09-20 § 1, 2020).
18.28.060 Approval of plan.
(1) All public improvements that have been required by the city at this stage shall be inspected and approved by the city. The city may, upon application, allow a bond to be posted by the applicant in the amount of 150 percent of the estimated cost of improvements guaranteeing completion within one year as an alternative to the inspection and approval of the public improvements as set forth above. When the city is satisfied that all requirements have been complied with it will give final approval to the binding site improvement plan. Prior to the issuance of a building permit for construction within a binding site plan, the affected lot or lots must have site plan approval for the planned improvements and all improvements required to adequately service that portion of the plan for which the building permit will be issued shall be installed.
(2) 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.
(3) 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. Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. The number of lots, tracts, parcels, sites, or divisions shall not exceed the number of lots allowed by the local zoning ordinances.
(4) 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.
(5) 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. (Ord. 09-20 § 1, 2020).
18.28.070 Revision of plan.
Alteration of an approved and recorded binding site plan shall be accomplished by application as set forth in BMC 18.28.020 and shall be subject to all procedures and requirements as established in this chapter. (Ord. 09-20 § 1, 2020).