Chapter 16.05


16.05.010    Purpose.

16.05.020    Applicability.

16.05.030    Design of the binding site plan.

16.05.040    Complete application.

16.05.050    Review procedures.

16.05.060    Approval.

16.05.070    Final binding site plan approval and recording.

16.05.080    Amendments, modifications and vacations.

16.05.090    Administrative rules.

16.05.010 Purpose.

The purpose of this chapter is to allow an alternative method of land division for the following:

A. The sale or lease of commercially or industrially zoned property;

B. The leasing of land for mobile homes or travel trailers; and

C. When a portion of the land or tract will be subject to Chapter 64.32 or 64.34 RCW (Condominium Act). (Ord. 06-269 § 2 (Exh. A)).

16.05.020 Applicability.

An applicant may submit an application for a binding site plan for the following:

A. Divisions of land for the sale or lease of industrial or commercial property;

B. Divisions of land for lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land; or

C. Divisions of land that include portions of land that will incorporate Chapter 64.34 RCW for the creation of condominium ownership. (Ord. 06-269 § 2 (Exh. A)).

16.05.030 Design of the binding site plan.

The design of binding site plans shall incorporate the following:

A. The design, shape, size, and orientation of the lots shall be appropriate for the use for which the divisions are intended, and the character of the area in which they are located.

B. The block dimensions shall reflect the needs of convenient access, public safety, emergency vehicle access, topography, road maintenance, and the provision of suitable sites for the land use planned.

C. Road alignments shall be designed with appropriate consideration for existing and projected roads, anticipated traffic patterns, topographic and drainage conditions, public safety, and the proposed use of the land so divided.

D. The lots shall not be divided by the boundary of any city zoning designation. (Ord. 06-269 § 2 (Exh. A)).

16.05.040 Complete application.

An application for a binding site plan shall be submitted to the city on forms provided by the city. 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 maximum number of dwelling units, if applicable;

5. The location of proposed or existing open space, including any required landscaped areas;

6. The location and identification of critical areas;

7. The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles. The layout shall conform to adopted city of Edgewood plans;

8. The number and location of proposed or existing parking spaces on and off the site and the allocation of parking to each lot or condominium unit;

9. A drainage plan which will accommodate 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 Chapter 13.05 EMC;

10. The location and size of utility trunk lines serving the site;

11. The location and size of water bodies and drainage features, both natural and manmade;

12. A grading plan showing proposed clearing and tree retention and the existing and proposed topography, detailed to two-foot contours, unless smaller contour intervals are otherwise required by the city code or rules and regulations promulgated thereunder;

13. A layout of sewers and the proposed water distribution system;

14. Proposed easements and access;

15. Proposed signage; and

16. The statement of compliance with the binding site plan set forth in EMC 16.01.050(F)(4).

B. A completed environmental checklist, if required by the State Environmental Policy Act and implementing ordinances.

C. A downstream drainage analysis or any other requirement specified in the city’s surface water design manual, site development regulations or surface water policy ordinance.

D. All covenants, easements, maintenance agreements or other documents regarding mutual use of common open space, parking and access.

E. Preliminary approval of sanitary sewer disposal. Approval from the Tacoma-Pierce County health department as prescribed in EMC 16.01.120 is required if septic systems are utilized.

F. Water availability from the water purveyor providing service to the property.

G. Copies of all easements, deed restrictions or other encumbrances restricting the use of the site.

H. A phasing plan and time schedule, if the site is intended to be developed in phases.

I. Other information requested pursuant to EMC 18.40.140, Project permit applications.

J. The payment of all applicable fees as prescribed in Chapter 3.35 EMC.

K. The director may waive specific submittal requirements determined to be unnecessary for review of the application.

L. Upon application, the city shall distribute copies to public agencies having pertinent expertise or jurisdiction for review and comment. (Ord. 16-482 § 2 (Exh. E); Ord. 06-269 § 2 (Exh. A)).

16.05.050 Review procedures.

Applications for binding site plans shall be reviewed in accordance with the following:

A. A binding site plan containing five or more residential dwelling units shall be processed as a Process III hearing examiner action as prescribed in EMC 18.40.100.

B. A binding site plan containing commercial or industrial zoned property and/or four or fewer residential dwelling units shall be processed as a Process II administrative action as prescribed in EMC 18.40.090.

C. After approval of a binding site plan application, the approval for improvements and finalization of specific individual commercial and industrial lots shall be processed as a Process I administrative approval as prescribed in EMC 18.40.080.

D. The final binding site plan shall be processed as a Process I administrative approval as prescribed in EMC 18.40.080. (Ord. 06-269 § 2 (Exh. A)).

16.05.060 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. If a residential component is included, appropriate provisions are made for parks and recreation, playgrounds, schools, and school grounds;

3. 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;

4. All other relevant facts were considered, including sidewalks and other planning features that assure safe walking conditions for pedestrians; and

5. The public interest is served by the binding site plan and any dedications.

B. 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.

C. The director may modify or recommend modification of lot-based or lot line requirements contained within the building, fire and other similar uniform codes adopted by the city.

D. 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. 06-269 § 2 (Exh. A)).

16.05.070 Final binding site plan approval and recording.

After a binding site plan application has received approval from the director, the applicant shall have prepared a final binding site plan.

A. 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 to EMC 16.01.150.

B. 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.

C. The Mylar drawing submitted for recording shall also be submitted in an electronic format approved by the city engineer.

D. The director shall examine and sign the approved binding site plan if it conforms to the residential, commercial, industrial or combination site development permit and all conditions of approval. Binding site plans shall be recorded with the auditor with a record of survey.

E. 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.

F. 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 this title and subject to injunctive action as provided in Chapter 58.17 RCW. (Ord. 06-269 § 2 (Exh. A)).

16.05.080 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. 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. (Ord. 06-269 § 2 (Exh. A)).

16.05.090 Administrative rules.

The director may promulgate administrative rules and regulations consistent with this chapter to implement the provisions and requirements of this chapter. (Ord. 06-269 § 2 (Exh. A)).