Chapter 19.10


19.10.010    Purpose.

19.10.040    Application and plan requirements.

19.10.045    Preliminary staff review.

19.10.050    Hearing examiner review.

19.10.060    Final approval of plan.

19.10.070    Certification of segregation.

19.10.080    Revision of plan.

19.10.090    Expiration period.

19.10.100    Appeal.

19.10.110    Enforcement.

19.10.010 Purpose.

The purpose of this chapter is to regulate the division of nonresidential zoned land (and upon which no future residential structure will be placed except as an accessory use) for the purpose of sale, lease, or other transfer of ownership in accordance with the scope and purpose of this title set forth in PMC 19.02.030; establish regulations and procedures for review and approval of binding site plans or revision thereof; and require filing of a binding site plan for record in the office of the county auditor. (Ord. 2591 § 2, 1999).

19.10.040 Application and plan requirements.

(1) Application for a binding site plan shall be made with the planning and community development department on forms prescribed by that office. The plan shall be a neat and accurate drawing by a licensed land surveyor or engineer on reproducible material at a scale of not less than one inch equals 100 feet, unless otherwise approved by the community development department. The application shall be accompanied by a current title report, 10 copies of the plan, one reproducible photographic reduction measuring 18 inches by 24 inches, unless otherwise approved by the community development department.

(2) The plan shall identify the following:

(a) The location and dimensions of all major existing streets, roads, buildings, utilities and related natural features (streams, creeks, drainage ditches, railroad tracts, etc.);

(b) Future major streets, roads, utilities, open space, building dimensions, distance between buildings, and location of parking areas, to the extent known;

(c) The following code data, to the extent known:

(i) Zoning district;

(ii) Total lot area (square feet);

(iii) Total building area (square feet) and height (in feet and stories);

(iv) Percent of building and impermeable site coverage;

(v) Number of units proposed;

(vi) Total number of parking stalls (including handicapped);

(vii) Total parking and maneuvering area (square feet);

(viii) Required landscaping (square feet);

(ix) Percent of lot in open space;

(x) Type of construction;

(xi) Sprinkled/nonsprinkled;

(xii) Occupancy classification; and

(xiii) Description of proposed uses; and

(d) Recorded survey or monumentation of all exterior tract corners.

(3) The name of the proposed development and the title “Binding Site Plan” shall be at the top of the plan, in large print, together with the following statement, prominently displayed on the face of the site plan map:

(a) The use and development of this property must be in accordance with the plan as represented herein or as hereafter amended, according to the provisions of the binding site plan regulations of the city of Puyallup; and

(b) The roads and utilities shown on this plan need not have been constructed and/or installed at the time that the property subject to this plan is divided. No permit required to build permanent structures upon any portion of this property, other than for site preparation (including grading and infrastructure installations), shall be issued until the roads and utilities necessary to serve that portion of this property have been constructed and installed or until arrangements acceptable to the city of Puyallup have been made to ensure that the construction and installation of such roads and utilities will be accomplished.

(4) Environmental information shall be prepared and submitted in accordance with the rules established under the State Environmental Policy Act of 1971, as amended, and Chapter 21.04 PMC, as it may be amended hereafter. The information is a part of and must accompany the binding site plan application, however, additional environmental documentation under SEPA is not required if SEPA review has been done for a proposed project. The existing environmental documents shall be adopted or incorporated by reference.

(5) The application shall be accompanied by a fee as established by resolution. (Ord. 2591 § 2, 1999).

19.10.045 Preliminary staff review.

(1) Within 28 calendar days of submittal, the community development director or designee shall determine if the application is complete and follow the procedures set forth in PMC 20.11.006.

(2) Once determined to be complete, the case planner shall route the binding site plan application to other appropriate city departments, as well as any interested outside agencies, to determine the project’s conformance with city policies, codes and development standards. The objective of this review is to identify specific conditions of approval to ensure the project conforms with applicable city standards and requirements, and to formulate a staff recommendation to the binding site plan committee. If a companion SEPA checklist has been filed for the same project, the city’s SEPA review shall generally occur concurrently with staff review of the binding site plan, unless circumstances warrant other procedures. Upon completion of the city’s review, a condition letter shall be sent to the applicant detailing the results of preliminary staff review and conditions of approval to be recommended to the hearing examiner. Review of any companion SEPA checklist and issuance of the resulting determination shall be completed prior to scheduling for review by the hearing examiner. Any appeal of the SEPA determination shall be processed in accordance with the provisions of Chapter 21.04 PMC. (Ord. 3031 § 3, 2013; Ord. 2591 § 2, 1999).

19.10.050 Hearing examiner review.

(1) The hearing examiner shall review and either approve, approve with conditions, or deny all binding site plan applications to assure conformance to the provisions of this title, the city comprehensive plan, and other planning standards and specifications as adopted by the city.

(2) As a condition of approval of the plan, the hearing examiner shall have the right and authority to require the deeding of rights-of-way for street, utility and/or other purposes, when determined to be in the best interests of the city. Any such deeding shall occur prior to or concurrently with the recording of the plan. (Ord. 3031 § 4, 2013; Ord. 2591 § 2, 1999).

19.10.060 Final approval of plan.

(1) Prior to the plan being approved, it shall be revised to accurately reflect all required improvements and shall include all applicable inscriptions deemed necessary by the hearing examiner setting forth appropriate limitations and conditions for the use of the land.

(2) Upon approval of the hearing examiner, binding site plans shall be filed by the applicant with the county auditor and a copy of the recorded instrument shall be returned to the community development department prior to issuance of any building permits for construction within the site. The applicant shall pay all costs associated with this filing.

(3) The face of the approved plan to be recorded must be signed by all owners of the property. (Ord. 3031 § 5, 2013; Ord. 2591 § 2, 1999).

19.10.070 Certification of segregation.

(1) If a building permit is requested for construction within any approved binding site plan, the community development department shall, prior to or concurrently with the issuance of the building permit, issue a document entitled “Certificate of Segregation” stating that the segregation or construction substantially complies with the approved plan. The portion of the plan for which the building permit is requested shall be legally described in the certificate.

(2) Prior to the issuance of a building permit for construction under any binding site plan, all required improvements required to adequately service that portion of the plan for which the building permit will be issued shall be installed or an assignment of funds provided in accordance with city requirements. (Ord. 2591 § 2, 1999).

19.10.080 Revision of plan.

(1) Alteration of an approved and recorded binding site plan shall be accompanied by application as set forth in PMC 19.10.040 and shall be subject to all procedures and requirements established in this chapter.

(2) The director shall have the authority to set forth guidelines for approval of minor modifications of the approved plan. Such modifications shall be noted on the copy of the recorded plan on file at the community development department under PMC 19.10.060(2). The revised plan shall not be required to be filed or recorded with the county auditor. (Ord. 3031 § 6, 2013; Ord. 2591 § 2, 1999).

19.10.090 Expiration period.

If the plan is not recorded within six months of the date of approval, the plan shall become null and void. Upon written request of the applicant, the community development department may grant one extension of not more than six months. Such a request must be received by the community development department prior to the six-month expiration date. (Ord. 2591 § 2, 1999).

19.10.100 Appeal.

Appeals of binding site plan approvals shall be made in the manner provided for in PMC 2.54.150. The decision of the committee shall be final, unless an appeal by an aggrieved party is made to the hearing examiner within 14 calendar days after the committee’s decision. The appeal shall be in writing to the hearing examiner and filed with the community development director or designee, who shall transmit the appeal to the examiner in a timely manner. The hearing examiner shall act on the appeal within 30 calendar days unless an extension thereto is agreed to, in writing, by the applicant. (Ord. 3031 § 7, 2013; Ord. 2591 § 2, 1999).

19.10.110 Enforcement.

Any violation of the conditions of approval, limitations on development, or the requirements of development imposed as part of the binding site plan approval shall be subject to the enforcement in accordance with PMC 19.02.130 and penalties established for violations of Chapter 58.17 RCW. (Ord. 2591 § 2, 1999).