17.30.045 Review and approval.
A. Procedure. An application for a binding site plan shall be reviewed as a Process II permit type, which does not require a public hearing but does provide for public notice and comment. (See LMC 18A.20.080.) The initial decision on a binding site plan application is made by the Community Development Director. The Director’s decision may be appealed to the City’s Hearing Examiner.
1. Upon receipt of a complete application for a binding site plan, the Community and Economic Development Department shall forward copies of the application and binding site plan map to the Public Works Department, the Fire Marshal, the Pierce County Assessor’s Office, the Pierce County Public Works Sewer Utility, the Lakewood Water District, any affected public utility agencies, and the Tacoma-County Health Department. The initial review by the departments/agencies of the proposed binding site plan shall be completed within 15 days, unless, upon the request of the Community and Economic Development Department, the applicant consents to an extension of such time period.
2. Each department or official shall either recommend approval, disapproval, or revision of the binding site plan application within the 15-day initial review period.
3. If returned for revision, the applicant or representative shall submit six prints to the Community and Economic Development Department reflecting the required revisions within 60 days after any review comments are provided by the reviewing agencies. Should the applicant require an extension of time to satisfy the requirements that were requested during the initial 30-day review, additional time may be granted upon written request.
4. Due to the complexity of the proposal, the applicant may desire to request the following to extend the life of the application.
a. Request in writing from the applicant that the application for the proposed binding site plan be placed on hold for due cause. “Due cause” would constitute a situation that was beyond the applicant’s controls; i.e., required environmental checklist, Health Department requirement for viewing high water table on the site prior to review for waste disposal, or water availability report required by the state. The request shall be accompanied by an estimated time line for completion of the required additional material, studies, or review. The hold will be placed upon the application for a specified period of time.
b. Request in writing by the applicant that a time extension would be necessary to provide the reviewing departments the necessary material, documents, and studies, as requested in the initial City review. The Community and Economic Development Department may provide a second additional extension, not to exceed 180 days. A fee may be charged for the extended time, per the fee schedule.
c. Any applicable time limitations for processing an application, including time limits set forth in Chapter 36.70B or 58.17 RCW, LMC Title 18A, or this title, shall be tolled while the applicant responds to requests for revision or additional information within the time frames set forth in this section.
5. The applicant is required to submit the revisions as requested, at the expiration of the allowable time line, along with six prints to the Community and Economic Development Department. The reviewing departments shall have a 14-day review period to consider the revised plans. At the conclusion of the review period, the reviewing department directors or authorized representatives shall recommend approval, approval with conditions, or denial of the binding site plan.
B. Review Criteria. The Community Development Director shall consider and base a decision to approve with or without conditions, deny, or return the application for modifications, based on:
1. A finding that the newly created lots or units will continue to function and operate as one site, for fully developed sites; or
2. Conformity of the proposed site plan with the adopted rules and regulations listed in LMC 17.30.030(A) as represented in the approved site development plan, if the binding site plan is being considered with a site development plan.
3. 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 containing a provision requiring that any development of the site shall be in conformity with the approved site plan.
4. The Director may modify lot-based or lot line requirements contained with the building, fire and other similar uniform codes adopted by the City.
5. The Director may authorize 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.
6. The decision of the Director may be appealed to the City’s Hearing Examiner per Chapter 18A.20 LMC, Article IV. [Ord. 726 § 2(Exh. A), 2019; Ord. 591 § 61, 2015; Ord. 60 § 1, 1996.]