The purpose of this chapter is to create a permit for dividing commercially zoned property, as authorized by RCW 58.17.035. On sites that are fully developed, the binding site plan merely creates or alters interior lot lines. In all cases the binding site plan ensures, through written agreements among all lot owners, that the collective lots continue to function as one site concerning but not limited to: lot access, interior circulation, open space, landscaping and drainage, facility maintenance, and coordinated parking.
(Ord. 1611 § 4, 2018)
(a) 
Any person seeking the use of a binding site plan to divide the person's property for the purpose of sale, lease, or transfer of ownership of commercially zoned property is required to apply for, complete, and have approved a binding site plan prior to any property division, as provided in Chapter 58.17 RCW and as required by this chapter.
(b) 
The site that is subject to the binding site plan shall consist of one or more contiguous lots legally created.
(c) 
The site that is subject to the binding site plan may be reviewed independently for fully developed sites, or concurrently with a development permit application for undeveloped land.
(d) 
The binding site plan process merely creates or alters lot lines and does not authorize substantial improvements or changes to the property or the uses thereon.
(Ord. 1611 § 4, 2018)
A binding site plan is a Type II application and the director shall make the final decision. The application shall be processed as set forth in Chapter 22.06 FMC.
(Ord. 1611 § 4, 2018)
Prior to submittal of an application for a binding site plan, an applicant may request a pre-application conference in accordance with FMC § 22.06.001. The pre-application conference is intended to enable the applicant and city staff to review a conceptual plan prior to a formal survey being conducted and documentation being submitted for the binding site plan.
(Ord. 1611 § 4, 2018)
(a) 
The director shall review the application for consistency with the comprehensive plan, development regulations, Chapter 58.17 RCW, and review comments provided by other governmental agencies, utilities, and interested parties, and require appropriate modifications or conditions.
(b) 
The director shall review newly created lots to ensure the lots:
(1) 
Will continue to function and operate as one site, for fully developed sites; or
(2) 
Conform to an approved development plan including any adopted rules and regulations or required conditions as represented in an approved development plan or associated approval document, if the binding site plan is being considered with a development plan.
(c) 
If applicable, the director shall review the environmental checklist and other available information and issue an appropriate threshold decision. The threshold decision may require measures to mitigate any significant adverse environmental impact.
(d) 
The director shall contact the appropriate sewer purveyor to review the binding site plan for potential sewer adequacy.
(e) 
The director shall review proposed lot sites that are known or suspected to be poor building sites because of geological hazard, flooding, wetland, or other environmental or critical area constraint or limitation, and such may be noted on the face of the site plan.
(f) 
The city engineer shall review the site plan for compliance with public works codes, including but not limited to the adequacy of the proposed street and storm drainage systems.
(g) 
The fire code official shall review the proposed site plan for fire protection issues, including but not limited to fire hydrant location and emergency vehicle access.
(h) 
In addition to other standards required by this title, the director may require additional standards and conditions or may modify the standards and conditions in such a manner as is necessary to:
(1) 
Maintain the intent and purpose of this title;
(2) 
Assure that a degree of compatibility shall be maintained with respect to properties and existing or potential uses within the general area; and
(3) 
Preserve the public health, safety, morals, and general welfare.
(i) 
The recommendations of the director, city engineer, and the fire code official shall become part of the record.
(Ord. 1611 § 4, 2018)
(a) 
The director may approve, approve with conditions, or deny a binding site plan.
(b) 
If the site plan meets the requirements of FMC § 22.23.005(a) through (h), the director shall approve the binding site plan by signing the department certificate on the face of the binding site plan.
(c) 
The binding site plan shall contain applicable descriptions or attachments setting forth limitations and conditions to which the plan is subject, including any applicable irrevocable dedications of property and containing a provision requiring that any development of the site shall be in conformity with the approved site plan.
(d) 
The director may authorize 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.
(e) 
Effect of Approval. The approval of a binding site plan shall not be a guarantee that future permits will be granted for any structures or development within said area, and a notation to this effect shall be stated on the face of the binding site plan.
(f) 
If the binding site plan is unable to comply with the requirements of FMC § 22.23.005(a) through (h), the binding site plan shall be denied.
(Ord. 1611 § 4, 2018)
(a) 
Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a professional land surveyor licensed in the state of Washington. Surveys shall include those items prescribed by RCW 58.09.060, Records of survey, contents – Record of corner, information.
(b) 
The approved binding site plan recording forms shall include the following, in the format prescribed by the director:
(1) 
Lots designated by number on the binding site plan within the area of the 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) 
Approval of the city engineer; and
(7) 
Approval of the director.
(c) 
Binding site plans shall be recorded with the Pierce County auditor with a record of survey.
(d) 
Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. 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. 1611 § 4, 2018)