CHAPTER 10
BINDING SITE PLANS
SECTION:
12-10-1: Purpose
12-10-2: Applicability
12-10-3: Application Submittal
12-10-4: Type Of Approval
12-10-5: Criteria For Approval
12-10-6: Binding Site Plan Components
12-10-7: Recording Requirements
12-10-8: Development Requirements
12-10-9: Amendment, Modification And Vacation
12-10-1: PURPOSE:
   A.   Specify the criteria used by the city of Orting to review and approve binding site plans.
   B.   Provide an alternative method of land division for the sale or lease of commercial or industrial zoned properties, condominiums and manufactured home parks as provided for in Revised Code Of Washington 58.17.035 that is more flexible than traditional subdivision procedures.
   C.   Provide for the site planning and regulation of nonresidential site development not requiring land division. (Ord. 792, 7-29-2004)
12-10-2: APPLICABILITY:
The binding site plan process may be used for:
   A.   The division of land for the purpose of sale or lease of lots for commercial or industrial purposes.
   B.   The division of land for the purpose of developing residential condominiums or manufactured home parks. (Ord. 792, 7-29-2004)
12-10-3: APPLICATION SUBMITTAL:
A complete application for a binding site plan must include:
   A.   Fees. The applicant shall pay the required fees as set forth in the city's fee schedule or other applicable resolutions or ordinances when submitting a binding site plan;
   B.   Application form and declaration of ownership;
   C.   Title report (dated within the last 30 days);
   D.   Vicinity map of the area where the site is located;
   E.   SEPA Environmental checklist;
   F.   Landscape plan to reflect landscaping requirements related to site plans and landscaping associated with permanent best management practices (BMPs) for stormwater treatment and control;
   G.   A preliminary site plan to a scale of thirty feet to one inch (30' = 1"), stamped and signed by a registered engineer, architect or land surveyor illustrating the proposed development of the property and including, but not limited to, the following:
      1.   Name or title of the proposed binding site plan;
      2.   Date, scale and north arrow;
      3.   Boundary lines and dimensions including any platted lot lines within the property;
      4.   Total acreage;
      5.   Property legal description;
      6.   Existing zoning;
      7.   Location and dimensions of all existing and proposed:
         a.   Buildings, including height in stories and feet and including total square feet of ground area coverage;
         b.   Parking stalls, access aisles, and total area of lot coverage of all parking areas;
         c.   Off street loading area(s);
         d.   Driveways and entrances;
         e.   Common open spaces, yards, permanent best management practices (BMPs) for stormwater treatment and control, and other areas intended for the use of all owners; and
         f.   Major manmade or natural features, i.e., streams, creeks, drainage ditches, railroad tracks, utility lines, etc.
      8.   Proposed building setbacks in feet;
      9.   Location of any regulated sensitive areas such as wetlands, steep slopes, wildlife habitat or floodplain and required buffers;
      10.   Location and height of fences, walls (including retaining walls), and the type or kind of building materials or planting proposed to be used;
      11.   Location of any proposed monument signs;
      12.   Proposed best management practices (BMPs) for stormwater treatment and control;
      13.   Location of all easements and uses indicated;
      14.   Location of existing and proposed utility service;
      15.   Existing and proposed grades shown in five foot (5') interval topographic contour lines;
      16.   Fire hydrant location; and
   H.   Any other information as required by the city shall be furnished, including, but not limited to, traffic studies, wetland reports, stormwater site plans, elevations, profiles, and perspectives, to determine that the application is in compliance with this code.
Digitally submitted plans shall be in a portable document format (PDF).
The city may waive selected requirements for certain site plan features listed in subsection G of this section upon review and approval of a written request by the applicant. The determination that such a waiver is justified will be made if the strict application of the requirements would create a hardship for the applicant; and if the proposed site design is consistent with the intent of the comprehensive plan. (Ord. 888, 9-8-2010; amd. Ord. 2019-1057, 1-8-2020; Ord. 2024-1136, 12-11-2024)
12-10-4: TYPE OF APPROVAL:
A binding site plan is a Type II action. (Ord. 792, 7-29-2004; amd. Ord. 2024-1136, 12-11-2024)
12-10-5: CRITERIA FOR APPROVAL:
   A.   Standards For Review Of A Binding Site Plan: The city shall review the proposed binding site plan to determine whether it meets the following criteria:
      1.   Conformance with the comprehensive plan.
      2.   Conformance with all applicable performance standards and zoning regulations.
      3.   Design sensitivity to the topography, drainage, vegetation, soils and any other relevant physical elements of the site.
      4.   Availability of public services and utilities.
      5.   Conformance with SEPA requirements.
   6.   Conformance with roadway buffers/cutting preserves. Roadway buffers/cutting preserves shall be separate, designated tracts and depicted on the face of a plat or binding site plan as required by the City as a condition of approval.
   B.   Condominium Standards: Development of condominiums including residential units or structures shall meet either the standards set out in subsection B1 or B2 of this section:
      1.   All lots and developments shall meet the minimum requirements of this code. Phase or lot lines shall be used as lot lines for setback purposes under the zoning code.
      2.   Condominiums may be developed in phases where ownership of the property is unitary but some structures are to be completed at different times or with different lenders financing separate structures or areas of the property. The following conditions shall apply to phased condominiums:
         a.   By a joint obligation to maintain any and all accessways. The city shall have no obligation to maintain such accessways.
         b.   The city shall require easements for access to the property to allow for emergency services and utility inspections as defined in the development agreement.
         c.   Reciprocal easements for parking shall be provided to all tenants and owners.
         d.   The applicant must submit a binding site plan schedule for completion of all phases.
         e.   Phase lines must be treated as lot lines for setback purposes under the zoning code unless the property owner will place a covenant on the BSP that the setback areas for built phases, contained in all unbuilt phases, shall become common areas and owned by the owners of existing units in the built portions of the condominium upon the expiration of the completion schedule.
         f.   All public improvements shall be guaranteed by bond or other security satisfactory to the city.
         g.   All built phases in a condominium BSP shall have a joint and separate obligations to maintain landscaping through covenants and/or easements to assure that the responsibility is shared among the various owners. (Ord. 792, 7-29-2004; amd. Ord. 2024-1136, 12-11-2024)
12-10-6: BINDING SITE PLAN COMPONENTS:
   A.   A binding site plan means a record of survey and a development agreement, if required.
   B.   The development agreement shall incorporate the conditions of approval for the binding site plan. (Ord. 792, 7-29-2004)
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