Chapter 18.09
BINDING SITE PLANS
Sections:
18.09.020 Application requirements.
18.09.030 Determination of completeness – Time limitations.
18.09.040 Review of binding site plan.
18.09.060 Final binding site plan approval and recording.
18.09.070 Amendments, modifications and vacations.
18.09.080 Administrative rules.
18.09.010 Purpose and scope.
The purpose of this chapter is to clearly delineate the procedures and criteria used by the city of Fife to review and approve binding site plans. A binding site plan is intended to provide an alternative means of dividing land for commercially or industrially zoned property, or divisions of land as a result of subjecting a portion of a parcel to tract of land to either Chapter 64.32 or 64.34 RCW. This chapter shall only apply to divisions of land for sale or lease of commercially or industrially zoned property and upon which no future residential structure will be placed except as an accessory use, and for divisions of property so that a portion of the parcel or tract can be subjected to Chapter 64.32 or 64.34 RCW. (Ord. 1676 § 84, 2008).
18.09.020 Application requirements.
An application for a binding site plan shall be submitted to the department on forms provided by the department. A complete application for a binding site plan shall consist of:
A. At least one original drawing, eight copies, and one eight-and-one-half-inch by 11-inch copy containing the following information:
1. The location and size of all proposed lots, tracts, and buildings;
2. Proposed and existing structures, including elevations and floor plans as known (plans which show building envelopes rather than footprints must include post-construction treatment of unoccupied areas of the building envelopes);
3. All proposed or existing uses;
4. The location of proposed or existing open space, including any required landscaped areas;
5. The location and identification of critical areas;
6. The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles;
7. The number and location of proposed or existing parking spaces on and off the site;
8. A drainage plan that includes the use of low impact development techniques and facilities per FMC Title 21, and which will manage the maximum proposed square footage of impervious surface, including the maximum proposed square footage of impervious surface exposed to vehicular use, subject to the requirements of the city’s stormwater drainage design standards;
9. The location of existing utilities;
10. The location and size of water bodies and drainage features, both natural and manmade;
11. A grading plan showing proposed clearing, tree removal and tree retention and the existing and proposed topography, detailed to one-foot contours, unless smaller contour intervals are otherwise required by the city code or rules and regulations promulgated thereunder;
12. A layout of sewers and the proposed water distribution system;
13. Existing and proposed easements and access;
14. Proposed signage; and
15. Buildable lands report information.
B. Commercial Use.
1. Plan designation;
2. Zone designation;
3. Parcel size;
4. Building size;
5. Floor to area ratio.
C. Residential Use.
1. Number of dwelling units;
2. Gross and net acreage;
3. Existing zoning and plan designation;
4. Proposed zoning and plan designation;
5. Number of platted lots;
6. Square feet used to determine permitted number of units;
7. Square feet used for:
a. Environmental constraints;
b. Roads;
c. Stormwater and utilities;
8. Achieved density.
D. A completed environmental checklist, if required by the State Environmental Policy Act and implementing ordinances.
E. A downstream drainage analysis or any other requirement specified in the city’s stormwater drainage regulations.
F. All covenants, easements, maintenance agreements or other documents regarding mutual use of common open space, parking and access.
G. Preliminary approval of sanitary sewer disposal.
H. Proposed source of domestic water supply.
I. Copies of all easements, deed restrictions or other encumbrances restricting the use of the site.
J. A phasing plan and time schedule, if the site is intended to be developed in phases.
K. The payment of all applicable fees.
L. The director may waive specific submittal requirements determined to be unnecessary for review of the application. (Ord. 1685 § 1(Exh. A), 2009; Ord. 1676 § 85, 2008).
18.09.030 Determination of completeness – Time limitations.
A. Within 28 days after receiving a binding site plan application, the director shall mail or provide in person a written determination to the applicant, stating either that the application is complete, or that the application is incomplete and what is necessary to make the application complete. An application is complete for purposes of this section when all applicable fees are paid, and the application meets the procedural submission requirements of FMC 18.09.020 and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur.
B. Within 14 days after an applicant has submitted the additional information identified by the director as being necessary for a complete application, the director shall notify the applicant whether the application is complete or whether additional information is necessary. (Ord. 1676 § 86, 2008).
18.09.040 Review of binding site plan.
Upon receiving a complete application for binding site plan approval, the director shall transmit for review and comment a copy of the site plan, together with copies of any accompanying documents as the director deems appropriate, to the following:
A. The city engineer, who shall review the proposed binding site plan with regard to its conformance to the general purposes of adopted traffic and utility plans; adequate provisions for storm drainage, streets, alleys, other public ways, water and sanitary sewer; and conformance to any applicable improvement standards and specifications;
B. The city fire marshal, who shall review the proposed binding site plan with regard to adequate provisions for emergency access and response;
C. Any other city department, utility provider, school district or other public or private entity as the director deems appropriate;
D. If the proposed binding site plan is located adjacent to the right-of-way of a state highway, the director shall give written notice of the application, including a legal description of the binding site plan and a location map, to the Department of Transportation. (Ord. 1676 § 87, 2008).
18.09.050 Approval.
A. A proposed binding site plan shall be considered under the zoning and other land use control ordinances in effect at the time a fully completed application is filed with the city. The director shall consider and base a decision to approve, approve with conditions, deny or return the application for modifications, based on the following criteria:
1. Appropriate provisions are made for, but not limited to, the public health, safety, and general welfare for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, and sanitary wastes;
2. The proposed binding site plan is in conformity with the underlying zoning district requirements, other land use controls, building requirements, and other applicable regulations which may exist at the time of a completed application;
3. All other relevant facts were considered, including sidewalks and other planning features that assure safe walking conditions for pedestrians; and
4. The public interest is served by the binding site plan and any dedications.
B. The director’s decision shall include written findings and conclusions supporting the decision. The director may require, as a condition of binding site plan approval, that any required improvements be guaranteed by the method described by FMC 18.07.210 prior to binding site plan approval or issuance of building permits for any lot within the binding site plan.
C. The director may authorize or recommend authorization of the sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan. Conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements shall be identified on the binding site plan and enforced by covenants, easements or other similar mechanisms. (Ord. 1676 § 88, 2008).
18.09.060 Final binding site plan approval and recording.
A. After a binding site plan application has received approval from the director, the applicant shall have 90 days to present to the city a final binding site plan in accordance with this section.
B. The approved binding site plan shall be surveyed and a professional land surveyor, licensed in the state of Washington, shall prepare the final binding site plan for recording in accordance with Chapter 58.09 RCW and Chapter 332-130 WAC.
C. The final binding site plan shall be drawn on mylar and include the following information in a format prescribed by the director:
1. Lots designated by number on the binding site plan within the area of the principal lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose;
2. Signature and stamp of the land surveyor who prepared the binding site plan;
3. Reference to the recording number of the completed survey as required by this section if the boundaries have been previously surveyed;
4. Reference to all agreements or covenants required as a condition of approval;
5. Notarized signatures of all persons having an ownership or security interest in the land being divided;
6. Certificate for approval of the public works director; and
7. Certificate for approval of the director.
D. The binding site plan shall contain applicable inscriptions or attachments setting forth limitations and conditions to which the plan is subject, including any applicable irrevocable dedications of property, and shall contain a provision requiring that any development of the site be in conformity with the approved site plan.
E. For condominiums, the binding site plan shall contain 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.
F. After the city has returned the duly executed final binding site plan to the applicant, the applicant shall record the approved binding site plan with the Pierce County auditor within 30 days. Failure to present the city with a final binding site plan or to record the executed final binding site plan with the time limits set forth herein shall render the binding site plan approval null and void.
G. Lots, parcels, or tracts adjusted or 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 other provisions of this chapter.
H. 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.
I. 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. 1676 § 89, 2008).
18.09.070 Amendments, modifications and vacations.
Any amendment, modification and vacation of a binding site plan shall be accomplished by following the same procedure and satisfying the same laws, rules and conditions as required for a new binding site plan application, as set forth in this chapter, except that amendments that adjust lot lines only, without creating any additional lots, shall be made in accordance with Chapter 18.50 FMC. If a portion of a binding site plan is vacated, the property subject to the vacated portion shall constitute one lot unless an approved full subdivision or short subdivision subsequently divides the property. The director may revoke a binding site plan approval, after an opportunity for notice and hearing to the affected property owners of record, if the director determines that there has been a violation of the conditions of approval and the violation has not been corrected after reasonable notice to the owner of record to correct the violation. (Ord. 1676 § 90, 2008).
18.09.080 Administrative rules.
The director may promulgate administrative rules and regulations consistent with this chapter to implement the provisions and requirements of this chapter. (Ord. 1676 § 91, 2008).
18.09.090 Appeal procedure.
Within 14 days following the director’s decision on an application for a binding site plan, a party of record may appeal such decision to the hearing examiner, in accordance with Chapter 2.92 FMC and FMC Title 14. (Ord. 1676 § 92, 2008).