Chapter 17.34RESIDENTIAL CONDOMINIUM BINDING SITE PLAN REVIEW PROCESS

Sections:

17.34.010
Applicability.
17.34.020
Repealed.
17.34.030
Binding Site Plan for Approved Residential Project.
17.34.035
Determination of Completeness.
17.34.040
Conceptual Plans.
17.34.050
Appeal.
17.34.060
Recording.
17.34.070
Amendments and Rescindment.
17.34.010Applicability.

Binding site plans are required for residential condominium projects which propose to subdivide (overtly or in effect) land into separate lots. Binding site plans are not required for condominiums which hold the underlying land as a single undivided parcel. (Ord. 591 § 64, 2015; Ord. 60 § 1 (part), 1996.)

17.34.020Planned Unit Developments. (Repealed)

(Repealed Ord. 591 § 65, 2015; Ord. 60 § 1 (part), 1996.)

17.34.030Binding Site Plan for Approved Residential Project.

Whenever a binding site plan for a residential condominium development is proposed on a parcel of land for which a building permit has been issued for the entire project, the following must be satisfied prior to recording:

A. A plan shall be prepared in a form prescribed by the Director which is adequate for permanent retention by the Pierce County Auditor’s Office.

B. The plan must be prepared by a registered land surveyor or civil engineer.

C. The plan must substantially reflect the site plan approved for the building permit. Specific details not relevant to the division of land may be omitted.

D. The plan must be verified by the Director for compliance with the approved building permit. The Director may require dedication of additional right-of-way for public streets.

E. The legal description and map must be verified by the City Engineer. (Ord. 591 § 66, 2015; Ord. 60 § 1 (part), 1996.)

17.34.035Determination of Completeness.

Within 28 days of receiving an application for binding site plan approval containing all information required by Section 17.34.030 of this Code, the Community Development Department shall issue a determination of completeness or incompleteness as required by RCW 36.70A.440. The Community Development Department is responsible for complying with all other requirements of RCW 36.70A.440 (Ord. 60 § 1 (part), 1996.)

17.34.040Conceptual Plans.

Whenever a binding site plan for a residential condominium project is proposed on a parcel of land for which a development plan has not yet been approved for the entire parcel, the following plans must be submitted with the application:

A. A conceptual site plan shall be prepared in a form prescribed by the Director which includes the following information:

1. Maximum number of dwelling units permitted.

2. Approximate size and location of all proposed buildings.

3. Approximate layout of an internal vehicular circulation system, including proposed ingress and egress.

4. Approximate location of proposed open space, including required landscaped areas, if any.

5. Approximate location of proposed parking areas.

6. Location and size of utility trunk lines serving the site.

7. Topography detailed to five-foot contours.

B. Upon application the Director shall distribute copies to public agencies having pertinent expertise or jurisdiction for review and comment.

C. The Director shall consider, and base his decision to approve with or without conditions, deny or return the binding site plan application on the following:

1. Conformance of the proposed site plan with any applicable codes and ordinances of the State of Washington and the City. The Director shall identify, to the extent feasible, conditions likely to be imposed on building permits related to dedication of right-of-way or open space, and tracts, easements or limitations which may be proposed or required for utilities, access, drainage controls, sanitation, water supply, protection of sensitive areas or other unique conditions or features which may warrant protection of the public health, safety, and welfare. Such preliminary conditions may not be binding at the time of building permit approval, unless they would be required for the same project being developed without a binding site plan.

2. The recommendations and comments of agencies having pertinent expertise or jurisdiction.

3. The Director may require dedication of additional road right-of-way pursuant to city ordinance.

D. Additional documents shall be submitted as necessary for review and approval which may include a plat certificate, boundary survey, agreements, easements and covenants.

E. The development plan must be approved and signed by the City Engineer.

F. Prior to recording, the Director shall verify the final plan and any attachments to determine whether the binding site plan is accurate and complete and complies with any conditions of approval. Approval of a conceptual plan will provide the applicant a vested right to build the approved project without regard to subsequent changes in zoning or building codes or other applicable land use regulations for a period of one (1) year from the date of the preliminary approval. Any building permits issued pursuant to the approved binding site plan shall vest the specific improvement during the period that the building permit is active and valid. After one year, any new improvements shall be subject to the land use regulations and building codes then in effect unless otherwise specified in the terms of the binding site plan approval. A statement shall be placed on the binding site plan map that notes the vesting status. (Ord. 591 § 67, 2015; Ord. 60 § 1 (part), 1996.)

17.34.050Appeal.

Any decision of the Director shall be final unless appealed to the Hearings examiner. (Ord. 60 § 1 (part), 1996.)

17.34.060Recording.

The proposed binding site plan approved by the Director shall be recorded with the Pierce County Auditor’s Office within thirty days of approval. Upon recording, the site plan shall be binding on the owner, his heirs and assigns, and shall permit the division of land within the site. Divisions shall only be permitted upon the filing of a declaration under the Horizontal Regimes Act, Chapter 64.32 or 64.34 RCW, provided the structure or structures, road and parking systems, and related facilities substantially conform to the recorded binding site plan. (Ord. 591 § 68, 2015; Ord. 60 § 1 (part), 1996.)

17.34.070Amendments and Rescindment.

A. Amendment of a recorded residential condominium binding site plan shall be accomplished by following the same process as required for a new application as set forth in this chapter.

B. Upon the request of the owner or owners of a legal lot or lots subject to a recorded binding site plan, the Director shall rescind all or a portion of a binding site plan, provided that any portion of a binding site plan which is rescinded shall be considered to be one lot unless divided by an approved subdivision or short subdivision.

C. Signatures of owners of portions of a binding site plan which are not altered by an amendment or rescission are not required on the amended binding site plan or application for rescission. (Ord. 591 § 69, 2015; Ord. 60 § 1 (part), 1996.)