The purpose of the binding site plan 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 shall comply with the following requirements:
(A)
Applications submitted shall comply with the requirements established by GFMC § 19.04B.205 through § 19.04B.260, application process.
(B)
Notice of the filing of the binding site plan application shall be provided in compliance with GFMC § 19.04B.225, Notice of application.
(C)
As a basis for approval, approval with conditions or disapproval of a binding site plan, the designated official shall determine if appropriate provisions have been made for but not limited to the purpose and criteria set forth in Chapter 19.04D GFMC, Subdivision and Short Subdivision Regulations.
(D)
Each final decision of the designated official shall be in writing and shall include findings and conclusions based on the record to support the decision, in accordance with GFMC § 19.04B.240, Notice of decision. The decision made by the designated official may be appealed to the hearing examiner in compliance with GFMC § 19.04B.250.
(E)
Decision Criteria. 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:
(1)
Requirements of this article;
(3)
Requirements for public or private roads, right-of-way establishment and permits, access, and other applicable road and traffic requirements;
(4)
Compliance with fire lane, emergency access, fire-rated construction, hydrants and fire flow, and other requirements of GFMC § 15.02.120;
(6)
Compliance with applicable use and development standard requirements of this title;
(10)
Compliance with applicable impact fee requirements;
(11)
Provisions for adequate sewer service, water supply and refuse disposal; and
(12)
Any other applicable provision of this title.
(F)
Conditions of Approval.
(1)
The designated official is authorized to impose conditions and limitations on the binding site plan. By this authority, and if the designated official determines that any delay in satisfying requirements will not adversely impact the public health, safety, or welfare, the designated official 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.
(2)
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.
(3)
The designated official 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.
(4)
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.
(5)
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.
(6)
The designated official may authorize the use 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 then 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.
(7)
Under subsection (5) or (6) 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 GFMC § 19.04A.220, shall be shown on the binding site plan to be recorded.
(G)
Binding site plans shall be drawn at a scale no smaller than one inch equals 50 feet and shall include the design of any lots or building envelopes and the areas designated for landscaping and vehicle use.
(H)
All binding site plans shall be recorded in compliance with the following:
(1)
Approval Required. No binding site plan shall be filed unless approved by the designated official and city engineer.
(2)
Fees and Recording Procedure. Prior to recording, the applicant shall submit the original binding site plan on a PDF, AutoCAD file format and 22-inch by 34-inch plan sheets to the city clerk for signatures together with the binding site plan approval fee.
(3)
Signatures Required. The final approval of the binding site plan shall be shown by affixing the signatures of the designated official and the city engineer and fire chief, the short plat documents to be recorded with the Snohomish County auditor.
(4)
Recording Required. The approved binding site plan documents shall be filed for recording with the Snohomish County auditor and one reproducible copy shall be furnished to the city clerk.
(I)
Design Standards – Access Requirements. Access requirements and road standards to and within lots of the binding site plan shall be provided in accordance with GFMC § 19.06.050 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).
(J)
Phased Development.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(K)
Approved binding site plans shall be binding and all provisions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or any person acquiring a lease or other ownership interest of any lot, parcel or tract created pursuant to the binding site plan. A sale, transfer, or lease of any lot, tract or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan approval shall be considered a violation of this chapter, and shall be restrained by injunctive action and shall be illegal as provided in Chapter 58.17 RCW, Plats – Subdivisions – Dedications.
(L)
Acceptance of Site Improvements. All public and private site improvements must be completed and accepted by the city or subjected to a performance security per GFMC § 19.04A.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.
(M)
Bonding or Performance Security.
(1)
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 designated official 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 GFMC § 19.04A.180, Security mechanisms.
(2)
The bond or other security device must be conditioned on:
(a)
The work or requirements being completed in accordance with the binding site plan;
(b)
The site being left in a safe condition; and
(c)
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.
(N)
All subsequent development shall be in conformity with the approved binding site plan. Each binding site plan document shall reference the requirement for compliance with the binding site plan approval.
(O)
Amendments to or vacations of an approved binding site plan shall be made through the process of this section.
(P)
Approved binding site plans may contain any easements, restrictions, covenants, or conditions as would a subdivision approved by the city.
(Ord. 1020 § 1 (Att. A), 2022)