The purpose of this chapter is to clearly delineate the criteria used by the city of Sumner to review and approve binding site plans. A binding site plan is intended to provide an alternative means of dividing land. Binding site plans tie a future development to an approved set of conditions and site layout.
(Ord. 1763 § 1 (part), 1996)
This chapter shall be limited and only apply to one or more of the following:
A. 
The use of a binding site plan to divisions for sale or lease of commercially or industrially zoned property;
B. 
Divisions of property for lease where no residential structures other than manufactured homes and travel trailers are permitted to be placed on the land;
C. 
Divisions of property as provided for in SMC § 17.26.040.
(Ord. 1763 § 1 (part), 1996)
A. 
Binding site plans shall be given preliminary approval upon showing substantial compliance with the following:
1. 
The proposed binding site plan shall conform to:
a. 
Sumner comprehensive plan;
b. 
Sumner zoning code;
c. 
Engineering standards;
d. 
Resource, wildlife, and hazard area regulations;
e. 
Any other applicable policies or plans adopted by the city;
2. 
The availability of the utilities and other public services necessary to serve the needs of the proposed binding site plan shall be demonstrated including, but not limited to, open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school, and sites for public schools and grounds;
3. 
The potential environmental impacts of the proposed binding site plan, together with any practical means mitigating adverse impacts, have been considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment;
4. 
Approving the proposed binding site plan will serve the public use and interest and adequate provision has been made for the public health, safety, and general welfare.
B. 
A proposed binding site plan may be denied because of flood, inundation or regulated wetlands. Where any portion of the proposed binding site plan lies within both a flood control zone, as specified by chapter 18.16 RCW, and either the one percent flood hazard area or the regulatory floodway, the binding site plan shall not be approved unless it imposes a condition requiring the applicant to comply with the flood control ordinance. In such cases, no development permit associated with the proposed binding site plan shall be issued by the city until flood control has been resolved.
(Ord. 1763 § 1 (part), 1996)
The provisions of this title shall not apply if:
A. 
Such division subjects a portion of a lot, tract, or parcel to 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. 
The city of Sumner has approved a binding site plan for all such land;
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 of Sumner, and in accordance with such other government 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.
(Ord. 1763 § 1 (part), 1996)
A. 
A binding site plan application shall contain the same elements as a preliminary site plan, SMC § 17.16.110 and § 17.16.120.
B. 
A binding site plan shall be submitted along with an application form provided by the development services department along with applicable application fees as indicated in chapter 18.56 SMC.
(Ord. 1763 § 1 (part), 1996; Ord. 2788 § 19, 2021)
Binding site plans may be altered or vacated subject to the following:
A. 
Binding site plans may be altered if the original intent of the recorded binding site plan has not been altered, impacts health and safety, environment, or the delivery of services to the plat. The proposed alterations must be clearly shown and be accompanied by a letter of explanation. Upon administrative approval of such alterations, the alterations become part of the binding site plan.
B. 
A binding site plan may be vacated as a whole only. Vacating a binding site plan releases all conditions and obligations on the parcel associated with such plan. A binding site plan may be vacated with the submission to the development services department of a letter of intent to vacate. The letter shall become binding upon its acceptance by the development services department.
(Ord. 1763 § 1 (part), 1996; Ord. 2788 § 20, 2021)
A. 
Upon approval, a binding site plan shall follow the procedures of SMC § 17.16.180 SMC, Distribution of copies and filing of a final plat.
B. 
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.
C. 
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 other provisions of this chapter.
D. 
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.
E. 
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. 1763 § 1 (part), 1996)