(a) 
The purpose of this chapter is to provide an alternative method for the division of land as authorized by RCW 58.17.035 and 58.17.040(4), (5), and (7). A binding site plan ensures through covenants, conditions, restrictions, easements, and other requirements binding upon all lot owners that the collective lots continue to function as one site concerning but not limited to public roads, improvements, open spaces, drainage, and other elements specified in this chapter.
(b) 
The provisions of this part shall apply to:
(1) 
The division of commercial or industrial zoned land for sale or lease when used for commercial or industrial purposes, or the division of land for lease when used as a mobile home park;
(2) 
The division of land resulting from subjecting a portion of a parcel or tract to the Horizontal Property Regimes Act, Chapter 64.32 RCW, or the Condominium Act, Chapter 64.34 RCW; and
(3) 
The division of land for the creation of special purpose tracts.
(c) 
The provisions of this part do not apply to:
(1) 
Divisions of commercial or industrially zoned property for lease during exhibitions or other special events of a temporary, short-term nature, not to exceed six months' duration;
(2) 
Boundary line adjustments;
(3) 
Housing cooperatives; and
(4) 
Divisions for commercial or industrial zoned land when such lands are being used only for single-family or multifamily residential purposes, or are proposed for such residential purposes, except when the division is proposed pursuant to subsection (b)(2) of this section.
(Ord. 811, Sec. 5 (Exh. 4), 2010)
The department will process a binding site plan according to the procedures for a Type II administrative decision. Application requirements are established and implemented per Section 14.16A.220. A binding site plan application will be processed concurrently with any other application for development of the same site, unless the applicant requests otherwise.
(Ord. 811, Sec. 5 (Exh. 4), 2010)
The submittal requirements for binding site plan applications are set forth in an application checklist provided by the Department pursuant to Section 14.16A.220. All binding site plan applications must include one of the following site plan representations, which show the proposed and existing location of all roads, improvements, open space, and any other element specified by this title:
(a) 
A previously approved site plan;
(b) 
A revision to a previously approved site plan; or
(c) 
A new site plan for proposed development.
(Ord. 811, Sec. 5 (Exh. 4), 2010)
In order to approve a binding site plan, the Department must find that the newly created lots function and operate as one site and that the binding site plan and record of survey comply and are consistent with the following provisions as well as any other applicable regulations as determined by the Department:
(a) 
Requirements of this part;
(b) 
Requirements for noise control, Chapter 9.56;
(c) 
Requirements for public or private roads, right-of-way establishment and permits, access, and other applicable road and traffic requirements;
(d) 
Compliance with fire lane, emergency access, fire-rated construction, hydrants and fire flow, and other requirements of Chapter 14.84;
(e) 
Compliance with applicable construction code requirements, Chapter 14.80;
(f) 
Compliance with applicable use and development standard requirements of this title;
(g) 
Compliance with applicable shoreline management code requirements of the Shoreline Master Program, Chapter 14.92 and/or flood hazard area requirements of Chapter 14.64;
(h) 
Compliance with environmental policies and procedures and critical areas regulations of Title 16 and Chapter 14.88;
(i) 
Compliance with applicable drainage requirements of Chapter 14.64;
(j) 
Compliance with applicable impact fee requirements;
(k) 
Provisions for adequate sewer service, water supply and refuse disposal; and
(l) 
Any other applicable provision of this title.
(Ord. 811, Sec. 5 (Exh. 4), 2010; Ord. 855, Sec. 19, 2011; Ord. 898, Sec. 4, 2013)
Subsequent site development permits for the land are subject to compliance with the zoning, building, and other applicable land use codes and regulations existing at the time of development permit review, unless addressed as part of the binding site plan review and expressly depicted on the binding site plan.
(Ord. 811, Sec. 5 (Exh. 4), 2010)
(a) 
The Department is authorized to impose conditions and limitations on the binding site plan. By this authority, and if the Department determines that any delay in satisfying requirements will not adversely impact the public health, safety, or welfare, the Department may allow requirements to be satisfied prior to issuing the first building permit for the site, or prior to issuing the first building permit for any phase, or prior to issuing a specific building's certificate of occupancy, or in accordance with an approved phasing plan.
(b) 
The binding site plan shall contain a provision requiring that any development of the site shall be in conformity with the approved binding site plan.
(c) 
The Department may authorize sharing of open space, parking, access, and other improvements among properties subject to the binding site plan. Conditions and restrictions on development, use, maintenance, shared open space, parking, access, and other improvements shall be identified on the binding site plan and enforced by covenants, conditions, restrictions, easements, or other legal mechanisms.
(d) 
All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the owner, purchaser, and any other person acquiring a possessory ownership, security, or other interest in any property subject to the binding site plan.
(e) 
After approval of a binding site plan for land zoned and used for commercial or industrial purposes, or for land zoned and used for mobile home parks, the applicant shall record the approved binding site plan with a record of survey (except for the provision of RCW 58.09.090(1)(d)(iv)) as one recording document complying with the requirements of this section.
(f) 
After approval of a binding site plan for land, all or a portion of which will be subjected to the provisions of Chapter 64.32 or 64.34 RCW, the applicant shall record the approved binding site plan with a record of survey (except for the provisions of RCW 58.09.090(1)(d)(iv)) as one recording document complying with the requirements of this section. Following recordation of the binding site plan with record of survey, the applicant shall independently complete improvements shown on the approved binding site plan and file a declaration of condominium, and survey map and plans as required by Chapter 64.32 or 64.34 RCW.
(g) 
Under subsection (e) or (f) of this section, when a record of survey is not required pursuant to RCW 58.09.090(1)(d)(iv), the applicable record of survey data, consistent with the application requirements as adopted by the department pursuant to Section 14.16A.220, shall be shown on the binding site plan to be recorded.
(Ord. 811, Sec. 5 (Exh. 4), 2010)
If a previously approved site plan is submitted for binding site plan approval, the conditions and limitations imposed by the department may, where appropriate, include any conditions and limitations contained in the previously approved site plan.
(Ord. 811, Sec. 5 (Exh. 4), 2010)
When a binding site plan is being considered concurrently with another land development application, the department will incorporate all conditions and limitations imposed on the concurrent application into the binding site plan.
(Ord. 811, Sec. 5 (Exh. 4), 2010)
Access requirements and road standards to and within lots of the binding site plan shall be provided in accordance with Chapters 14.56 and 14.72 and the EDDS. New public road(s) shall be provided for lot access where determined by the Public Works Director to be reasonably necessary as a result of the proposed development or to make appropriate provisions for public roads. The applicant may also propose establishment of public road(s).
(Ord. 811, Sec. 5 (Exh. 4), 2010)
(a) 
Where road and/or right-of-way establishment is required for a binding site plan application or proposed by the applicant, establishment shall be in accordance with Chapter 14.56 and shall occur prior to recording the binding site plan with record of survey. The establishment shall be effective upon recording of the binding site plan with record of survey.
(b) 
Where dedication of new right-of-way is required for binding site plan approval, the dedication shall be made in accordance with Chapter 14.56, prior to or at the time of recording the binding site plan with record of survey. The dedication shall be effective upon recording of the binding site plan with record of survey.
(c) 
Road and right-of-way establishment and right-of-way dedications stated as approval conditions for a previously approved site plan requiring implementation prior to issuance of any subsequent building or development permit shall be implemented at the time of binding site plan with record of survey recording.
(d) 
Where right-of-way is established by recording a binding site plan with record of survey but not required or built upon at the time of site development, a revised binding site plan with record of survey may be prepared, approved, and recorded showing the elimination of the right-of-way.
(e) 
This section shall not apply where the establishment or dedication has already been approved or is being considered for approval with another concurrent land development application that includes a site plan approval.
(Ord. 811, Sec. 5 (Exh. 4), 2010)
(a) 
An applicant who chooses to develop a site in phases or divisions shall submit to the department a phasing plan consisting of a written schedule and a drawing illustrating the plan for concurrent review with the application for a binding site plan.
(b) 
Site improvements designed to relate to, benefit, or be used by the entire development (such as stormwater detention ponds or tennis courts in a residential development) shall be noted on the phasing plan. The phasing plan shall relate completion of such improvements to completion of one or more phases or stages of the entire development.
(c) 
Once a phasing plan has been approved, the information contained therein shall be shown on, or the phasing plan attached to and made a part of, the binding site plan.
(d) 
Approval of a phasing plan does not constitute approval of the binding site plan. No land may be used, no buildings may be occupied, and no lots may be sold except in accordance with the approved binding site plan.
(Ord. 811, Sec. 5 (Exh. 4), 2010)
All public and private site improvements must be completed and accepted by the City or subjected to a performance security per LSMC 14.16A.180 approved by the Department prior to issuing the first building permit for the site, prior to issuing the first building permit for any phase, or prior to issuing a specific building's certificate of occupancy. Alternatively, the Department may condition the completion of such improvements pursuant to an approved phasing plan.
(Ord. 811, Sec. 5 (Exh. 4), 2010; Ord. 1069 § 3, 2020)
(a) 
Prior to issuing the first building permit for a site development, prior to issuing the first building permit for each phase, or prior to issuing a specific building's certificate of occupancy, the Director may require performance security or security to be provided in a form and amount deemed necessary to assure that all work or actions required by this title are satisfactorily completed in accordance with the approved binding site plan and to assure that all work or actions not satisfactorily completed will be corrected to comply with the approved binding site plan to eliminate hazardous conditions, to restore environmental damage or degradation, and to protect the health, safety, and general welfare of the public bonding in accordance with Section 14.16A.180, Security Mechanisms.
(b) 
The bond or other security device must be conditioned on:
(1) 
The work or requirements being completed in accordance with the binding site plan;
(2) 
The site being left in a safe condition; and
(3) 
The site and adjacent or surrounding areas being restored in the event of damages or other environmental degradation from development activities conducted pursuant to the binding site plan.
(Ord. 811, Sec. 5 (Exh. 4), 2010)
(a) 
The applicant may revise a binding site plan application or may request that the department revise conditions of binding site plan approval. The department will consider revisions upon an applicant's request, payment of any fees, and submittal of materials required by the department.
(b) 
If a revision to a previously recorded binding site plan or record of survey is approved, the applicant must record the revised binding site plan or record of survey.
(c) 
Any request for a revision to an approved plan shall be reviewed pursuant to Section 14.16A.235.
(Ord. 811, Sec. 5 (Exh. 4), 2010)
(a) 
To finalize an approved binding site plan, it shall be recorded with the Snohomish County auditor's office no later than one year after final approval has been issued by the Planning Director or the application and approval shall lapse and a new application must be submitted.
(b) 
Immediately after recording, copies of the recorded binding site plan documents shall be provided to the City. The binding site plan shall not take effect until recorded with the Snohomish County Auditor and copies returned to the City.
(Ord. 811, Sec. 5 (Exh. 4), 2010; Ord. 903, Sec. 24, 2013; Ord. 1069 § 3, 2020)
The department is authorized to approve vacation of a binding site plan pursuant to Section 14.16A.240 upon the request of all owners of the subject property. If determined appropriate by the department, the Planning Director shall require that all parties having an interest in property subject to the binding site plan consent to vacation and that all legal instruments effecting the division of property into lots be rescinded.
(Ord. 811, Sec. 5 (Exh. 4), 2010)