A. The city shall approve, approve with conditions, disapprove or return to the applicant for modification all binding site plans within 90 days from the date of filing thereof unless the applicant consents to an extension of time; provided, that if an environmental impact statement (EIS) is required pursuant to Chapter 43.21C RCW, or other environmental studies required for a determination of nonsignificance, or if a variance or other similar applications are required, the 90-day period shall not include time spent preparing and circulating a required EIS, or the time required for processing the other application(s).

B. Approval of a preliminary binding site plan by the mayor is approval of the proposed binding site plan’s design, and relationship with adjoining property. The engineering, construction and installation of improvements and final detail shall be subject to approval of the public works director. Approval of the preliminary binding site plan shall authorize the applicant to proceed with the preparation of the final binding site plan in conformance with the approved preliminary binding site plan and the conditions stipulated. Upon the approval of detailed construction plans by the public works director, construction and installation of the improvements may proceed.

C. The applicant shall have three years from the date of preliminary approval to submit to the city a final binding site plan meeting all requirements of this chapter, except as authorized by subsection (D) of this section. Failure to do so will result in the expiration of preliminary binding site plan approval. However, an applicant who files a written request with the mayor’s office at least 30 days before the expiration shall be granted one one-year extension upon a showing that the applicant has attempted in good faith to submit the final binding site plan within the three-year period.

D. Binding site plan review and approval procedures may be revised for flexibility when associated with an approved development agreement, including modification or deferral of submittals required by LMC 19.75.035(B)(7). When associated with an approved development agreement, time limits for preliminary and final binding site plan must be established at the time of preliminary binding site plan approval. The city may require the applicant to submit a single preliminary binding site plan showing the full extent of the project. The city may approve several subsequent final binding site plans to be recorded in phases. In no case shall the time frames for the binding site plan exceed the time frames of the development agreement. (Ord. 3373 § 5, 2020; Ord. 2463 § 15, 2003)