The purpose of this chapter is to establish an alternative method of land division as allowed by RCW 58.17.040.
(Ord. 1741 § 19, 2009; Ord. 2116-25, 7/7/2025)
The provisions of this chapter shall apply to parcels that are developed, or plan to be developed, with commercial, industrial, or condominium under the subdivision exemption authorized by MMC 16.04.015(D) as individual unit lots within a parent lot.
(Ord. 2116-25, 7/7/2025)
Every binding site plan (BSP) shall comply with the following provisions:
A. 
The development as a whole on the parent lot meets the applicable dimensional and bulk building regulations.
B. 
Subsequent platting actions and additions or modifications to structure(s) shall not create or increase any nonconformity of the parent lot.
C. 
Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions (CC&Rs) identifying the rights and responsibilities of property owners and/or the homeowners' association shall be executed for use and maintenance of common garage, parking, and vehicle access areas; bike parking; solid waste collection areas; underground utilities; common open space; shared interior walls; exterior building facades and roofs; and other similar features shall be recorded with the county auditor.
D. 
Portions of the parent lot not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots or by a homeowners' association comprised of the owners of the individual unit lots.
E. 
Through recorded easements, a unit lot subdivision shall make adequate provisions for ingress, egress, emergency services, and utility access to and from each unit created, by reserving common areas or other areas over, under, and across the parent lot to comply with all applicable development standards.
F. 
Each unit lot shall be served by a separate utility meter.
G. 
The development shall meet the site plan criteria listed in MMC 17.62.050 (Site plan review and approval criteria).
H. 
The land use administrator shall review the proposed permit for adequate ingress and egress to all proposed lots for both vehicles and pedestrians. The administrator may require the extension of streets or access rights from the property line to property line of the binding site plan to ensure the feasibility of future extension of the circulation system.
I. 
The land use administrator may limit the location of direct access to city arterials or other city streets if there is other reasonable access available.
J. 
The public works director will deny any access not meeting city standards.
K. 
Private streets and access corridors shall comply with the access standards listed in MMC 16.12.040(D).
L. 
The face of the final binding site plan shall contain the following:
1. 
The title shall include the phrase "Binding Site Plan" with the city assigned project number.
2. 
Each unit lot shall be uniquely labeled on the binding site plan. The final binding site plan shall be addressed per the city standards.
3. 
The legal description, parcel number, and/or street address (existing and modified, if applicable) of the original parent lot is provided in addition to legal descriptions for the new unit lots.
4. 
Easements for existing or new utility connections.
M. 
The face of the final binding site plan shall be noted as follows:
1. 
All development and use of the land described herein shall be in accordance with the binding site plan, as it may be amended with the approval of the city 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.
2. 
Approval of the development on each unit lot was granted by the review of the development, as a whole, on the parent lot.
3. 
Subsequent actions and additions or modifications to structure(s) shall not create any nonconformity of the parent lot.
4. 
Unit lots are not separate buildable lots independent of the overall development, and additional development of individual unit lots may be limited as a result of the application of development standards to the parent lot.
N. 
The granting of the proposed permit will not be injurious to the uses, planned uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed plat is to be located.
O. 
The proposal is consistent and compatible with the intent of the goals, objectives and policies of the city's comprehensive plan.
P. 
The proposal must protect adjacent properties, the vicinity, and the public health, safety, and welfare of the community. To accomplish this, the applicant must mitigate any hazardous conditions introduced to the site.
(Ord. 1741 § 19, 2009; Ord. 2116-25, 7/7/2025)
A. 
Preliminary approval constitutes authorization for the applicant to develop the required facilities and improvements, upon review and approval of construction drawings by the public works department. All development shall be subject to any conditions imposed by the city on the preliminary approval.
B. 
Performance Guarantees. This section applies to the required performance guarantees for all binding site plans. The public works director may prescribe the form of the performance guarantee and establish the amount, format and terms of any required maintenance security per Chapter 16.04 MMC (General Provisions).
C. 
The preliminary binding site plan approval shall lapse and the application deemed expired if the associated final BSP is not recorded within one year from the date of such approval. Upon written request and payment of a new application fee, the land use administrator may grant one-year extensions to an approved binding site plan for good cause if the BSP continues to satisfy the standards of approval. The request must come within 180 days of the expiration date.
(Ord. 2116-25, 7/7/2025)
A. 
The final binding site plan must be submitted to the city for final review and signatures prior to recording.
B. 
The final binding site plan must be filed with Pierce or King County, as appropriate.
C. 
The applicant shall pay all costs associated with this filing.
(Ord. 2116-25, 7/7/2025)
If a building permit is requested for construction within any approved binding site plan, the land use administrator shall, prior to the issuance of the building permit, review and confirm the application substantially complies with the approved plan.
(Ord. 1741 § 19, 2009; Ord. 2116-25, 7/7/2025)
Revisions to an approved binding site plan shall follow the procedure as set forth in Chapter 17.74 MMC (Permit Revision and Modification).
(Ord. 2116-25, 7/7/2025)