Chapter 16.11
BINDING SITE PLANS

Sections:

16.11.001    Purpose.

16.11.002    Applicability.

16.11.003    Complete binding site plan application.

16.11.004    Criteria for approval of binding site plan.

16.11.005    Final binding site plan.

16.11.006    Amendment, modification and vacation.

16.11.025    Vesting.

16.11.035    Type of permit application.

16.11.001 Purpose.

The purpose of this chapter is to create a process for subdividing property under the following limited circumstances: (1) subdividing residentially zoned property when the division is the result of subjecting a portion of a parcel or tract of land to Chapter 64.34 RCW subsequent to the recording of the binding site plan, as contemplated by RCW 58.17.040(7); and (2) subdividing commercially zoned property, as authorized by RCW 58.17.035. The binding site plan process merely creates or alters existing lot lines and does not authorize construction, improvements or changes to the property or the uses thereon.

In all cases, the property owners execute written agreements which are recorded against the affected property, ensuring that all lots within the binding site plan will continue to function as one site for any number of purposes, including but not limited to: lot access; interior circulation; common utilities; open space; landscaping and drainage; common facilities maintenance; and coordinated parking. (Ord. 915 § 3, 2002; Ord. 881 § 1, 2001).

16.11.002 Applicability.

A. The subject site shall consist of one or more legally created lots;

B. The property must be zoned commercial or residential, and the binding site plan procedure applies to multifamily residential condominium projects only if a portion of a parcel or tract within the proposed project will comply with Chapter 64.32 RCW after the recording of the binding site plan; and

C. A site plan application under Chapter 17.96 GHMC must be submitted to the city concurrent with the binding site plan application. A site plan approved by the city of Gig Harbor may be substituted for the site plan application. (Ord. 915 § 4, 2002; Ord. 881 § 1, 2001).

16.11.003 Complete binding site plan application.

In addition to the requirements for a complete application set forth in GHMC 19.02.002, an applicant for a binding site plan shall submit the following:

A. A valid site plan approved by the city or a pending site plan application before the city (pursuant to Chapter 17.96 GHMC);

B. All of the site plan elements as listed in GHMC 17.96.050, as long as the following elements are also included:

1. A map or plan showing the location and size of all new proposed lots;

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) and their distance from property lines, the height and number of stories, distance between buildings, etc.;

3. All proposed uses (if not known, general types of anticipated uses) or existing uses;

4. The location of proposed or existing open space including any required landscaped areas, and all major manmade or natural features, i.e., streams, creeks, drainage ditches, railroad tracks, utility lines, etc.;

5. The layout of an internal vehicular and pedestrian circulation system, including proposed or existing ingress and egress for vehicles;

6. The following zoning code data: zoning district; total lot area (square feet); total building area (square feet); percent of hard/impermeable surface coverage; number of units proposed; total number of parking stalls (including handicapped); total parking and maneuvering area (square feet); required landscaping (square feet); percent of lot in open space; type of construction; sprinklered-nonsprinklered; occupancy classification;

7. Contains the name of the proposed development; the legal description of the property for which binding site plan approval is sought; the date on which the plans were prepared; the graphic scale and northpoint of the plans;

8. The title “Binding Site Plan” shall be at the top of the plan in large print, together with the required statement, prominently displayed on the face of the site plan;

9. Any areas proposed to be dedicated or reserved for public purposes, and areas to be reserved for private open space and landscaping and areas reserved for the common use of the occupants of the proposed development;

C. A copy of an approved grading plan and an approved drainage plan approved by either the city of Gig Harbor public works department (or any other requirement specified in the city of Gig Harbor surface water design manual or GHMC; or by Pierce County in the case of pre-annexation construction);

D. A recent title report covering all property shown within the boundaries of the binding site plan application;

E. The location and size of on-site water bodies and drainage features, both natural and manmade;

F. A layout of sewer and the water distribution system;

G. The location and size of any utility (i.e., water, sewer, gas, electricity) trunk lines serving the site;

H. A phasing plan and time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within four years;

I. A list of any other development permits or permit applications having been filed for the same site;

J. A completed environmental checklist, if required by Chapter 18.04 GHMC;

K. Copies of all covenants, easements, maintenance agreements or other documents regarding mutual use of parking, common areas, open space, and access;

L. Copies of all easements, deed restrictions, covenants, or other encumbrances restricting the use of the site;

M. Documentation of the date and method of segregation for the subject property verifying that the lot or lots were created in accordance with the short subdivision or subdivision laws in effect at the time of creation; and

N. Contain the name of the proposed development; the legal description of the property for which binding site plan approval is sought; the date on which the plans were prepared; the graphic scale and northpoint of the plans. (Ord. 1347 § 7, 2016; Ord. 915 § 6, 2002; Ord. 881 § 1, 2001).

16.11.004 Criteria for approval of binding site plan.

A. An application for a binding site plan may be approved if the following criteria are satisfied:

1. The proposed lots will continue to function and operate as one site, for fully developed sites; and

2. The application must conform to the conditions imposed on the approved site plan; and

3. The decisionmaker must find that adequate provisions have been made for drainageways, alleys, streets, other public ways, water supplies, open space and sanitary wastes for the proposed development on the property included within the binding site plan;

a. The decisionmaker must find that the proposed development complies with all applicable provisions of the building code and public works standards;

b. The decisionmaker must find that the proposed development complies with all applicable provisions of Chapter 16.08 GHMC, and all provisions of the zoning code and the development standards in the zoning code relating to development in the underlying zoning district.

B. Approval of Binding Site Plans in Residential Single-Family (R-1) Zones. In addition to all other criteria for approval, a binding site plan may only be approved in an R-1 zone if all of the following additional criteria are satisfied:

1. The proposed use shall be consistent with GHMC 17.16.020;

2. The minimum lot area per building site shall be one dwelling unit per 7,200 square feet of lot area;

3. The minimum lot width per building site shall be 70 feet;

4. The minimum front yard setback shall be: house/accessory structure – 20 feet, porch – 12 feet, garage – 26 feet;

5. The minimum rear yard setback shall be 30 feet;

6. The minimum side yard setback shall be eight feet;

7. The minimum setback between principal structures on a building site shall be eight feet;

8. The maximum hard surface lot coverage is 40 percent;

9. The minimum street frontage is 20 feet;

10. The maximum density is four dwelling units per acre; and

11. The maximum height shall be as allowed in GHMC 17.16.070.

C. As a condition of approval of the binding site plan, the city may authorize sharing of open space, parking, access and other improvements among contiguous properties. 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. Such agreements and restrictions shall be filed with the Pierce County auditor and run with the property. Such agreements shall be approved as to form by the city attorney prior to the time that a decision is made on the binding site plan application. The binding site plan shall contain the conditions to which the binding site plan is subject, including any applicable irrevocable dedications of property. The binding site plan shall contain a provision requiring that any development of the site shall be in conformity with the approved site plan and any applicable development regulations.

D. Phasing of Development. Building permit applications shall be submitted for all structures shown on the binding site plan within four years of approval. If the applicant chooses to develop the property in a phased development, the applicant must execute a development agreement with the city, which will govern the use and development of the property subject to the binding site plan, including: (1) vesting applicable to subsequent permits; (2) the manner in which each phase of the development will proceed to ensure that only the roads and utilities necessary to serve each phase of the development are constructed prior to the development of each phase; (3) expiration of the agreement and all provisions therein.

E. For Condominiums (Including Developments on Residentially Zoned Property). The use and development of the property shall be in accordance with the plan submitted as part of the binding site plan application (or as amended prior to the final decision) and division of any property within the binding site plan shall not take place until the development or the portion thereof to be divided is subject to Chapter 64.32 RCW. (Ord. 1347 § 8, 2016; Ord. 1307 § 6, 2014; Ord. 915 § 8, 2002; Ord. 881 § 1, 2001).

16.11.005 Final binding site plan.

A. The final binding site plan map which is submitted for filing shall conform to all of the requirements for a complete binding site plan application, and shall also contain the following:

1. The map must be a reproducible map drawn to a scale of not less than one inch equals 100 feet, on stabilized drafting film or on linen tracing cloth. Scale and north point must be on the map;

2. The size shall be 18 inches by 22 inches;

3. The legal description of the total parcel shall be shown on the final map. All legal descriptions shall be by metes and bounds descriptions, reflecting within the descriptions ties to all subdivision lines, donation claim lines and/or recording plat lines;

4. Property subject to the binding site plan shall be surveyed by a land surveyor licensed in the state. All exterior corners and streets shall be monumented. The surveyor’s certificate shall appear on the final map;

5. All conditions, limitations, and requirements for the use and development of the land as required by the approvals granted under this chapter shall be set forth or referenced;

6. The face of the final binding site plan must contain a certificate, signed by all of the owners of the property, as required by GHMC 16.08.002;

7. Any dedications shall be shown on the final binding site plan as required by GHMC 16.08.001;

8. All certificates and statements as required by GHMC 16.08.003 shall be shown on the final binding site plan.

B. An approved binding site plan shall be filed for record by the city, at the cost of the applicant, in the office of the Pierce County auditor and shall not be deemed approved until so filed. (Ord. 915 § 9, 2002; Ord. 881 § 1, 2001).

16.11.006 Amendment, modification and vacation.

Amendment, modification and/or vacation of a binding site plan shall be accomplished by following the same procedure and satisfying the same laws 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 the property is subsequently divided by an approved subdivision or short subdivision. (Ord. 881 § 1, 2001).

16.11.025 Vesting.

A binding site plan application shall be considered under the zoning and other land use control ordinances in effect on the land at the time of submission of the fully complete binding site plan application. (Ord. 915 § 5, 2002).

16.11.035 Type of permit application.

A binding site plan application is a Type II application, and shall be reviewed and processed as set forth in GHMC Title 19. (Ord. 915 § 7, 2002).