Chapter 19.05 SUBDIVISIONS, BINDING SITE PLANS, AND BOUNDARY LINE ADJUSTMENTS

Chapter 19.05
SUBDIVISIONS, BINDING SITE PLANS, AND BOUNDARY LINE ADJUSTMENTS

Sections:

Article I. Subdivisions

19.05.005 Introduction and purpose.

19.05.010 Subdivisions.

19.05.015 Review of subdivisions.

19.05.020 Limitations on resubdividing short plats.

19.05.025 Criteria for preliminary plat approval.

19.05.030 Application for final plat approval.

19.05.035 Approval of final plats.

19.05.040 Content of the final plat.

19.05.045 Endorsements on short and long subdivision plats.

19.05.050 Plat approval not acceptance of dedication offers.

19.05.055 Subdivision recording requirements.

19.05.060 Alterations of subdivisions.

19.05.065 Vacations of subdivisions.

Article II. Binding Site Plan

19.05.100 Divisions requiring binding site plans.

Article III. Boundary Line Adjustments

19.05.200 Boundary line adjustments.

Article IV. Alternative Subdivisions

19.05.300 Planned residential development (PRD).

19.05.310 Unit lot subdivisions.

Article I. Subdivisions

19.05.005 Introduction and purpose.

Unless exempted by Chapter 58.17 RCW, all subdivision activity is subject to the requirements of this title. No person may subdivide land except in accordance with all of the provisions of this chapter. Short plats consist of subdivisions which result in nine or fewer lots. Subdivisions of 10 or more lots may also be referred to as formal or long plats/subdivisions.

The intent of this chapter and title is to provide criteria, regulations and standards to govern the subdividing of land within the city and to:

(A) Promote the public health, safety and general welfare in accordance with standards established by the state and the city;

(B) Promote effective use of land by preventing the overcrowding or scattered development which would injure health, safety or the general welfare due to the lack of water supplies, sanitary sewer, drainage, transportation or other public services, or excessive expenditure of public funds for such services;

(C) Avoid congestion and promote safe and convenient travel by the public on streets and highways through the coordination of streets within a subdivision with existing and planned streets;

(D) Provide for adequate light and air;

(E) Provide for water, sewage, drainage, parks, and recreational areas, sites for schools and school grounds, and other public requirements;

(F) Provide for proper ingress and egress;

(G) Provide for the housing and commercial needs of the community;

(H) Require placement of permanent uniform land division survey monuments and conveyance of accurate legal descriptions;

(I) Protect environmentally sensitive areas; and

(J) Protect and preserve the community urban forest for its aesthetic, environmental and health benefits. [Ord. 1020 § 1 (Att. A), 2022.]

19.05.010 Subdivisions.

19.05.015 Review of subdivisions.

No person may subdivide his land except in accordance with the provisions of this title. Long and short subdivisions are subject to a three-step approval process. The first step is approval of the preliminary plat, the second is approval and construction of the infrastructure necessary to serve the plat, and the third step is for approval of the final plat. Each step requires a separate application and fee as set by council resolution. [Ord. 1020 § 1 (Att. A), 2022.]

19.05.020 Limitations on resubdividing short plats.

Short plats can be resubdivided with a subsequent short plat within five years if the total number of lots created between the original and second short plat does not exceed nine. If the number of lots exceeds nine, resubdivision requires a long plat. [Ord. 1020 § 1 (Att. A), 2022.]

19.05.025 Criteria for preliminary plat approval.

(A) A preliminary plat shall follow the procedures for a Type II review for a short plat and Type III review for plats pursuant to Chapter 19.04B GFMC.

(B) A preliminary plat shall be approved if it meets the approval criteria in Chapter 58.17 RCW and the requirements of this title.

(C) Preliminary plat approvals may contain conditions as deemed necessary to ensure the approval criteria are met. [Ord. 1020 § 1 (Att. A), 2022.]

19.05.030 Application for final plat approval.

The application for final plat approval shall include:

(A) Completed application form with fee.

(B) Two draft copies of the following information:

(1) Mathematical lot closures showing error of closures not to exceed 0.005 times the square root of “n,” where “n” equals the number of sides and/or curves of a lot.

(2) A certification from a professional land surveyor, licensed in the state of Washington, as to the survey data, layout of streets, alleys and other rights-of-way.

(3) A certification that bridges, sewage, water systems and other structures together with the information provided by the professional land surveyor for the approval signature of a licensed engineer acting on behalf of the city.

(4) A complete survey of the section or sections in which the plat is located, or as much thereof as may be necessary to properly orient the plat within the section or sections. A computer printout showing closures of the section or subdivision breakdown (if any), plat boundary, road centerlines, lots and tracts. The maximum allowable error of closure shall be 0.02 feet in any such closure.

(5) A title company certification which is not more than 30 calendar days old containing:

(a) A legal description of the total parcel sought to be subdivided; and

(b) A list of those individuals, corporations, or other entities holding an ownership interest in the parcel; and

(c) Any easements or restrictions affecting the property with a description, purpose and reference by auditor’s file number and/or recording number; and

(d) Any encumbrances on the property; and

(e) Any delinquent taxes or assessments on the property.

(6) An approved subdivision name reservation form from the Snohomish County auditor’s office.

(7) If lands are to be dedicated or conveyed to the city as part of the subdivision, an American Land Title Association title policy shall be required.

(8) The designated official may require the applicant to submit any other information deemed necessary to make this determination, including, but not limited to, a copy of the tax map showing the land being subdivided and all lots previously subdivided from that tract of land within the previous five years. [Ord. 1020 § 1 (Att. A), 2022.]

19.05.035 Approval of final plats.

(A) Final plats for subdivisions and short subdivisions are approved by the designated official and public works director. Final plats shall be approved if it is found that the requirements of preliminary plat, including applicable conditions of approval, have been met, and the requirements of Chapter 58.17 RCW have been met.

(B) The final plat submitted for recording shall be drawn in waterproof ink on a sheet made of material that will be acceptable to the Snohomish County auditor’s office for recording purposes, and having dimensions of 18 inches by 24 inches.

(C) When more than one sheet is required to include the entire subdivision, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the subdivision. The scale of the plat shall be at one inch equals not more than 50 feet.

(D) The applicant shall also provide all final plat maps and engineered as-builts in digital form. Files shall be submitted in “*.dwg” or other AutoCAD-compatible format approved by public works. [Ord. 1020 § 1 (Att. A), 2022.]

19.05.040 Content of the final plat.

The final plat shall contain the following information:

(A) The name of the subdivision, which name shall not duplicate the name of any existing subdivision as recorded in the Snohomish County Registry.

(B) The name and signatures of the subdivision owner or owners.

(C) The location by quarter section/section/township/range and/or by other legal description, the county, and state where the subdivision is located.

(D) The name, registration number, and seal of the professional land surveyor responsible for preparation of the plat, and a certification on the plat by said surveyor to the effect that (1) it is a true and correct representation of the land actually surveyed by him/under his supervision; (2) that the exterior plat boundary, and all interior lot corners, have been set on the applicant’s property by him/under his supervision using appropriate permanent materials, with a field traverse with a linear closure of one to 10,000 and corresponding angular closure as specified in WAC 173-303-610; and (3) that all street centerline monuments (points of intersection, points of curve, points of tangency, etc.) within the plat and all intersections with existing street centerlines have been monumented with concrete monuments in case or other permanent material approved by the city.

(E) The scale according to which the plat is drawn in feet per inch or scale ratio in words or figures and bar graph. The drawing shall be of legible scale, and shall include the north arrow and basis of bearings. Unless otherwise approved by the designated official, the scale of the final plat will be at one inch equals 50 feet in order that all distances, bearings and other data can be clearly shown.

(F) A boundary survey prepared by a professional land surveyor, licensed in the state of Washington, shall be shown on the proposed plat and shall reference the plat to the Washington Coordinate System, North Zone (North American Datum, 1983) with a physical description of such corners. When the necessary G.P.S. points exist within one-half mile of the subject property, they shall be located on the plat and used as primary reference datums.

(G) The boundary lines of the plat, based on an accurate traverse, with angular and linear dimensions.

(H) The exact location, width, number or name of all rights-of-way and easements within and adjoining the plat and a clear statement as to whether each is to be dedicated or held in private ownership.

(I) The true courses and distances to the nearest established right-of-way lines or official monuments which will accurately locate the plat.

(J) Curved boundaries and centerlines shall be defined by giving radii, internal angles, points of curvature, tangent bearings and lengths of all arcs.

(K) All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet, and bearings to one second of arc. Blocks in numbered additions to subdivisions bearing the same name must be numbered consecutively through the several additions.

(L) Accurate locations of all monuments at such locations as required by the city engineer.

(M) All plat meander lines or reference lines along bodies of water which shall be established above, but not farther than 20 feet from the high waterline of the water or within a reasonable distance, to ensure reestablishment.

(N) Accurate outlines and dimensions of any areas to be dedicated or reserved for public use, with purposes indicated thereon and in the dedication; and/or any area to be reserved by deed covenant for common uses of all property owners.

(O) A full and correct legal description of the property.

(P) All permanent restrictions and conditions on the lots or tracts or other areas in the plat required by the city.

(Q) Any additional pertinent information required at the discretion of the public works director and the designated official.

(R) An endorsement to be signed, prior to recordation, by the proper officer in charge of tax collections, certifying that all taxes and delinquent assessments have been paid, satisfied, or discharged.

(S) The following declaration:

All conditions of the preliminary short plat, embodied within the Form of Decision [recorded in Book ____, Page ____ of the Snohomish County Registry/which is attached hereto as Exhibit ____], shall remain conditions of construction of the public improvements.

[Ord. 1020 § 1 (Att. A), 2022.]

19.05.045 Endorsements on short and long subdivision plats.

All subdivision plats shall contain the following endorsements, specific language of which is to be made available by the designated official: certificate of subdivision approval, certificate of approval of public improvements, certificate of ownership and dedication, certificate of survey and accuracy, certificate of public works director or city engineer approval, certificate of designated official approval, Snohomish County treasurer’s certificate, and auditor’s recording certificate. [Ord. 1020 § 1 (Att. A), 2022.]

19.05.050 Plat approval not acceptance of dedication offers.

Preliminary approval of a plat does not constitute acceptance by the city of the offer of dedication of any streets, sidewalks, parks, or other public facilities shown on a plat. Offers of dedication will be officially accepted with approval of the final plat. [Ord. 1020 § 1 (Att. A), 2022.]

19.05.055 Subdivision recording requirements.

When the city approves a final subdivision or final short subdivision, the applicant shall record the original signed final plat or final short plat with the Snohomish County auditor. The applicant will also furnish the city with one reproducible copy of the recorded documents, and the Snohomish County assessor shall be furnished one paper copy. [Ord. 1020 § 1 (Att. A), 2022.]

19.05.060 Alterations of subdivisions.

(A) If an applicant wishes to alter a subdivision or short subdivision or any portion thereof, except as provided in GFMC 19.05.065, that person shall submit an application to City Hall requesting the alteration. The application shall contain the signatures of all persons having an ownership interest in lots, tracts, parcels, sites or divisions within the subdivision or short subdivision or in that portion to be altered.

(B) The designated official shall have the authority to determine whether the proposed alteration constitutes a minor or major alteration. Major alterations are those which substantially change the basic design, density, open space, or other similar requirements or provisions.

(C) If the subdivision or short subdivision is subject to restrictive covenants, which were filed at the time of the approval, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or short subdivision or any portion thereof.

(D) If the alteration is requested prior to final plat or final short plat review and signature, a minor alteration may be approved with consent of the designated official. A long plat or short plat major alteration shall require consent of the designated official as a Type II review for short subdivisions after public notice or the hearing examiner as a Type III review for subdivisions after public notice and a public hearing is held. Notice shall be provided of the application for a long plat or short plat alteration to all owners of property within the subdivision or short subdivision, all parties of record, and as was required by the original subdivision or short subdivision application. The designated official shall have the authority to determine whether the proposed alteration constitutes a minor or major alteration pursuant to subsection (B) of this section.

(E) If the alteration is requested after final plat or final short plat review and signature, but prior to filing the final plat or final short plat with Snohomish County, a plat or short plat alteration may be approved with consent of the designated official for short subdivisions as a Type II review or the city council for subdivisions as a Type V review. Upon receipt of an application for alteration, notice shall be provided of the application to all owners of property within the subdivision or short subdivision, all parties of record, and as was required by the original application. The notice shall establish a date for a public hearing.

(F) If the alteration is requested after filing the final plat or final short plat with Snohomish County, a minor plat alteration may be approved with consent of the designated official as a Type II review. If the designated official determines that the proposed alteration is a major alteration, pursuant to subsection (B) of this section, then the designated official may require replatting pursuant to this chapter. Upon receipt of an application for alteration, notice shall be provided of the application to all owners of property within the subdivision or short subdivision, all parties of record, and as was required by the subdivision or short subdivision plat application. The notice shall establish a date for a public hearing.

(G) The city shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between adjacent properties.

(H) After approval of the alteration, the city shall order the applicant to produce a revised drawing of the approved alteration of the subdivision or short subdivision, and after signature the final plat or final short plat shall be filed with Snohomish County to become the lawful plat or short plat of the property.

(I) This section shall not be construed as applying to the alteration or replatting of any plat or short plat of state-granted shore lands. [Ord. 1020 § 1 (Att. A), 2022.]

19.05.065 Vacations of subdivisions.

(A) Whenever an applicant wishes to vacate a subdivision or short subdivision or any portion thereof, that person shall file an application for vacation with City Hall. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation.

(B) If the development is subject to restrictive covenants which were filed at the time of the approval, and the application for vacation would result in a violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or short subdivision or portion thereof.

(C) When the vacation application is specifically for a city street or road, the procedures for right-of-way vacation in Chapter 19.10 GFMC shall be followed for the street or road vacation. When the application is for the vacation of the plat or short plat together with the streets or roads, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under state law.

(D) Notice shall be given to all owners of property within the subdivision or short subdivision, to all property owners within 300 feet of short subdivision and subdivision boundaries, and to all applicable agencies. The designated official shall conduct a public meeting in the case of short subdivisions, and the city council shall conduct a public hearing on the application for a vacation. The application for vacation of a subdivision or short subdivision may be approved or denied after the city has determined the public use and interest to be served by the vacation. If any portion of the land contained in the proposed vacation was dedicated to the public for public use or benefit, such land, if not deeded to the city, shall be deeded to the city unless the city council sets forth findings that the public use would not be served in retaining title to those lands.

(E) Title to the vacated property shall vest with the rightful owner as shown in Snohomish County records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the city council has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the city council. When a road or street that is to be vacated was contained wholly within the subdivision or short subdivision and is part of the boundary of the subdivision or short subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.

(F) This section shall not be construed as applying to the vacation of any plat or short plat of state-granted shore lands. [Ord. 1020 § 1 (Att. A), 2022.]

Article II. Binding Site Plan

19.05.100 Divisions requiring binding site plans.

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;

(2) Requirements for noise control, Chapter 9.58 GFMC;

(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;

(5) Compliance with applicable construction code requirements, Chapter 15.02 GFMC;

(6) Compliance with applicable use and development standard requirements of this title;

(7) Compliance with applicable shoreline management code requirements of the shoreline master program, GFMC 19.07.030, and/or flood hazard area requirements of GFMC 19.07.035;

(8) Compliance with environmental policies and procedures and critical areas regulations of GFMC 19.07.010 and 19.07.020;

(9) Compliance with applicable drainage requirements of Chapter 13.20 GFMC;

(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.]

Article III. Boundary Line Adjustments

19.05.200 Boundary line adjustments.

(A) Application Submittal. Whenever it is proposed to adjust the boundary of an existing lot where no new lot is created, the applicant shall file with the city clerk a boundary line adjustment (BLA) application packet with the requirements as set forth in GFMC 19.04B.120, Application submittal.

(B) Procedure and Special Timing Requirements.

(1) Boundary line adjustments shall be approved, approved with conditions, or denied as follows:

(a) The city shall process the BLA as a Type I decision; and

(b) The BLA is exempt from notice provisions set forth in GFMC 19.04B.125.

(2) The city shall decide upon a BLA application within 45 days following submittal of a complete application or revision, unless the applicant consents to an extension of such time period.

(3) The designated official may deny a BLA application or void a BLA approval due to incorrect or incomplete submittal information.

(4) Multiple boundary line adjustments are allowed to be submitted under a single BLA application if:

(a) The adjustments involve contiguous parcels;

(b) The application includes the signatures of every parcel owner involved in the adjustment; and

(5) The legal descriptions of the revised lots, tracts, or parcels shall be certified by a licensed surveyor or title company.

(6) A boundary line adjustment shall be not approved for any property for which an exemption to the subdivision provisions or an exemption to the short subdivision provisions has been exercised within the past five years.

(C) Decision Criteria. A boundary line adjustment is a Type I permit. In reviewing a proposed boundary line adjustment, the designated official shall use the following criteria for approval:

(1) The proposed BLA is consistent with applicable development restrictions and the requirements of this title, including but not limited to the general development standards of Chapter 19.06 GFMC and any conditions deriving from prior subdivision or short subdivision actions. The proposed BLA will also not create a lot below the required lot size or dimensions for its zone designation;

(2) The proposed BLA will not cause boundary lines to cross a UGA boundary, cross on-site sewage disposal systems, prevent adequate access to water supplies, or obstruct fire lanes;

(3) The proposed BLA will not detrimentally affect access, access design, or other public safety and welfare concerns. The evaluation of detrimental effects may include review by the health district, the city engineer, or any other agency or department with expertise;

(4) The proposed BLA will not create new access which is unsafe or detrimental to the existing road system because of sight distance, grade, road geometry, or other safety concerns, as determined by the city engineer. The BLA shall comply with the access provisions set forth in this title and the city of Granite Falls public works standards;

(5) When a BLA application is submitted concurrently with a Type I application pursuant to GFMC 19.04A.210 and frontage improvements are required for the area subject to the BLA and the concurrent application, the improvements must be agreed to prior to approval of the BLA;

(6) If within an approved subdivision or short subdivision, the proposed BLA will not violate conditions of approval of that subdivision or short subdivision;

(7) The proposed BLA will not cause any lot that conforms with lot area or lot width requirements to become substandard;

(8) The proposed BLA may increase the nonconformity of lots that are substandard as to lot area and/or lot width requirements; provided, that the proposed BLA satisfies the other requirements of this chapter;

(9) The proposed BLA will not result in lots with less than 1,000 square feet of an accessible area suitable for construction when such area existed before the adjustment. This requirement shall not apply to lots that are zoned commercial or industrial;

(10) “Merged lots” means if two or more substandard lots or a combination of lots or substandard lots and portions of lots or substandard lots are contiguous and a structure is constructed on or across the lot line(s), which makes the lots contiguous, then the lands involved shall be merged and considered to be a single undivided parcel. No portion of said parcel shall be used, altered or sold in any manner which diminishes compliance with lot area and width requirements, nor shall any division be made which creates a lot with a width or area below the minimum requirements permitted by this chapter.

(D) Design Standards – Access. If proposed lots within a BLA result in reduced public road frontage and/or changes in access, the designated official may require verification that all lots have safe access points. In such cases, the applicant shall stake approximate proposed access points and property lines along the public road frontage within five days of receipt of a request by the city to do so.

(E) Correcting Errors on an Approved BLA. Typographical errors in recorded legal descriptions or minor discrepancies on recorded BLA maps may be corrected by filing an affidavit of correction of boundary line adjustment with the city clerk. The affidavit shall be on a form supplied by the city clerk. The designated official shall review the affidavit for compliance with applicable code provisions. If approved, the applicant shall record the affidavit with the Snohomish County auditor within 45 days. Immediately after recording, copies of the recorded affidavit of correction shall be provided to the city clerk by the applicant. [Ord. 1020 § 1 (Att. A), 2022.]

Article IV. Alternative Subdivisions

19.05.300 Planned residential development (PRD).

(A) Purpose. The purposes of this section are:

(1) To offer an alternative form of development that benefits the city in ways that are superior to traditional lot-by-lot subdivision development;

(2) To allow flexibility and creativity in the layout and design to protect valued critical areas and to provide usable open space and recreation facilities;

(3) To promote a variety of housing choices in harmony with the surrounding areas;

(4) To provide a more efficient street and utility system that may reduce housing prices and the amount of impervious surface;

(5) To achieve the goals of the city’s comprehensive plan, other ordinances and development regulations with regard to livable, desirable residential communities.

(B) Specific Requirements of PRD. A PRD should be based on the following general goals. These goals are translated into prescriptive regulations in the following pages. A determination of whether a specific PRD should be approved should be based on those requirements and not on general goals alone.

(1) The proposed PRD meets the requirements of this subsection.

(2) A PRD is allowed in the R-9,600 zone. The tract must be of single ownership.

(3) The property in question must be in common ownership.

(4) The applicant provides one or more of the following improvements to the subject property as part of the proposed PRD:

(a) The PRD provides public facilities that the city could not require of the applicant without a PRD including but not limited to facilities like parks, playgrounds, ball fields, sites for libraries, city halls, fire stations, and public parking lots for access to public facilities;

(b) The PRD will preserve, enhance or rehabilitate natural features such as significant woodlands, wetland areas, water bodies, view corridors and similar features;

(c) The design of the proposed PRD is superior to a traditional lot-by-lot proposal in one or more of the following ways:

(i) Additional usable open space and recreation areas;

(ii) Recreation facilities including, but not limited to, bicycle or pedestrian paths, children’s play areas and play fields;

(iii) Superior circulation patterns and location of parking;

(iv) Superior landscaping, buffering, or screening in or along the perimeter that exceeds the minimum requirements of the UDC;

(v) Superior design, layout, and orientation of structures including but not limited to examples like traditional neighborhood development approaches, grid road systems, alleys, clustering of houses for the purposes of economics, affordable housing elements as part of the project, and trail systems connecting other neighborhoods.

(C) Consideration of Density Bonus. In a proposed PRD, the hearing examiner may approve a residential density increase of up to 120 percent of the maximum density allowed in the R-9,600 zone if the requirements for providing amenities (open space, recreation facilities) and housing needs (innovative layout and design, special uses) are met.

(D) Minimum Size. PRDs may only be permitted on a minimum of one acre or greater.

(E) Permitted Zones. PRDs are permitted in the residential R-9,600 (R-9600) zone only. Any uses permitted or conditioned in the underlying zone shall be permitted in the PRD. Duplexes may be permitted in any residential PRD. No uses shall be permitted except in conformance with a specific and precise final development plan in accordance with the procedural and regulatory provisions of this subsection.

(F) Who May Apply. A PRD application may be initiated by:

(1) The owner of all of the subject property, if under one ownership;

(2) All owners with joint ownership having title to the subject property proposed for the PRD, if there is more than one owner;

(3) A government agency.

(G) Availability of Public Services.

(1) A PRD proposal will be denied unless adequate public facilities such as water lines, sewer lines, and streets that serve the proposal are in place or are planned.

(2) A PRD proposal shall not reduce the level of service (LOS) on city streets below the city adopted LOS standard.

(H) Application Process.

(1) The application shall be filed with the city clerk together with the application fee and required documents in compliance with the Granite Falls Municipal Code.

(2) The PRD application fee shall cover the reimbursable costs of the preapplication conference, technical review, and the staff report to the hearing examiner. The application will be accompanied by a nonrefundable fee (see permit fee resolution). Any application for an amendment to the PRD shall also be subject to permit fees.

(3) Written documents required with the application shall include:

(a) Application for a short plat or subdivision approval, if needed;

(b) Environmental checklist (SEPA determination);

(d) A project description including:

(i) How the proposal complies with the purposes of the PRD requirements;

(ii) A rationale for any other underlying assumptions;

(e) A site description that provides:

(i) Total number, type and location of dwelling units;

(ii) Parcel sizes;

(iii) Proposed lot coverage and all structures;

(iv) Approximate gross and net residential density;

(v) Total amount of proposed open space (divided into usable and protected) and identified recreation areas;

(vi) Economic feasibility studies, market analysis, or other required studies;

(f) A site plan and maps including:

(i) Site plan of all existing and proposed structures and improvements;

(ii) Map of existing and proposed circulation system (pedestrian and vehicular) including public rights-of-way and notations of ownership;

(iii) Map of existing and proposed location of public utilities and facilities;

(iv) Landscape plan showing greenbelts, buffers and open space (usable and protected);

(v) Proposed treatment of the perimeter indicating the location of vegetation to be retained and to be installed;

(vi) Schematic plans and elevations of proposed buildings with samples of all exterior finish material and colors, the type and location of all exterior lighting, signs, and accessory structures;

(g) A description of the proposed sequence and timing of construction, the provisions of ownership and the management once the PRD is developed;

(h) Any information about adjacent areas that might assist in the review of the proposal.

(I) Site Design Criteria.

(1) Basic Density. The allowable basic density shall be the same as permitted by the R-9,600 zone.

(2) Density Bonus. The hearing examiner may approve a density increase of up to 120 percent of the allowable density if the required amenities and needs are proposed. Bonuses shall be based on a formula of:

(a) Fifteen percent if the PRD proposal provides for the following: at least 25 percent of the net area is designated as common open space. Active recreation facilities such as paths, trails, playgrounds and equipment, ball fields and basketball courts for people of all ages shall be provided based on review and approval by the city.

(b) Five percent for innovative site design and layout such as, but not limited to, facing views, buffered parking, accommodating land constraints, clustered lots, alleys, grid systems for roads, interconnected green spaces, and landscaping buffering along the frontage in separating the developed areas from adjacent properties.

(3) Common Open Space. At least 25 percent of the net land area of a planned residential development shall be dedicated as common open space other than required public improvements or private streets, stormwater conveyances, landscape strips, or critical areas or their buffers. The dedicated open common space shall be deeded to the city or placed in a permanent easement as may be required by the city. Stormwater vaults can be part of the open space as long as they are covered, flush with the ground, and meet the other requirements for open space included in this chapter.

(4) The dedicated open common space shall be set aside in perpetuity for the use of residents of the development or shall be deeded to a homeowners’ association by written instrument. If a conveyance to a homeowners’ association is the instrument selected, the landowners shall so organize said conveyance that it may not be dissolved, nor dispose of the open space by sale or other means except to an organization conceived and established to own and maintain it or dedicated to the city subject to city council approval.

(a) All streams, wetlands, geologically critical areas, and any associated buffers shall be preserved as open space and reserved in separate tracts (native growth protection areas), as provided by the city’s critical area regulations, GFMC 19.07.020.

(b) Any area to be dedicated for common open space shall be kept, located and of such a shape to be acceptable to the designated official. In determining the acceptability of proposed common space, the designated official shall consider future city needs and may require a portion of the common space to be designated as the site of a potential future public use; provided, however, that not more than 25 percent of the gross area shall be taken for public facilities. In the event that it is deemed necessary to set aside any portion of the site for public buildings, an agreement shall be entered into between the applicant and the city of Granite Falls. This shall apply to the need for land for any public purpose except for public recreation. No final plat or occupancy permit shall be granted until the improvements required for the PRD have been installed to the satisfaction of the city.

(c) All common open space area shall be graded and seeded or paved by the developer during the course of construction, unless the designated official approves or directs the maintaining of all or a portion of such open space in its natural state or with minor, specified improvements. Required or proposed improvements shall either be provided during construction or bonded prior to final plat approval.

(d) All off-street parking areas shall be transferred to the ownership of a homeowners’ association for maintenance and repairs. Wherever median grass strips or other landscaped areas are proposed that will be visible to the general public within the development, covenants and/or agreements shall provide for the maintenance of such areas by the homeowners’ association.

(e) At least 75 percent of the required open space shall be contiguous. The length of the open space tract shall be no more than twice its width. Under special conditions that are peculiar to the particular parcel of land or to the public purpose for which the land is to be used, dedication of a smaller area can be authorized by the designated official.

(f) Common open space areas may be used as park, playground, or recreation areas, including swimming pools, equestrian, pedestrian, and/or bicycle trails, tennis courts, shuffleboard courts, basketball courts, and similar facilities; woodland conservation areas; or any similar use of benefit to the residents of the development if in the ownership of a homeowners’ association or the city, or if dedicated to and accepted by the appropriate department of the city, and deemed appropriate by the designated official.

(g) Common open space shall contain active recreation facilities such as play structures, sport courts, game areas, trails and walking paths. In addition, the facilities shall include park benches, garbage containers, and five trees for every 20,000 square feet of common space or portion thereof. Existing trees are encouraged to be retained when addressing this requirement.

(h) Each lot shall be located within a 1,200-foot walking distance of common open space and shall be provided access to the common open space via pedestrian walkways, paths, or sidewalks.

(5) Minimum Lot Size. The hearing examiner may recommend and the city council may approve a proposal that averages the lot sizes with no lot size of less than 6,000 square feet in the R-9,600 zone.

(6) Criteria for Lot Coverage and Setbacks.

(a) No portion of any building or structure shall be constructed to project onto any common open space.

(b) The front yard building setback shall be one-half of the right-of-way the lot front is on. Rear and side yard building setbacks shall be a minimum of five feet. The sum of the side yards shall not be less than 10 feet. The minimum front yard is intended to provide privacy and usable yard area for residents. Typically privacy may be a more important factor than use and where a preliminary plan can demonstrate privacy by reducing traffic flow in front of the dwelling, screening or planting, or by facing the structure toward common open space, a reduction in the front yard requirement is possible.

(c) Minimum lot widths are intended to prevent the construction of long buildings with inadequate light and air. The hearing examiner may approve minimum lot widths of no less than 50 feet as measured at the building setback line in a PRD in situations which create irregular lot configurations; if the design can adequately provide for light, air, and privacy provisions (particularly for living spaces and bedrooms), a narrower lot width may be permitted.

(7) Street Standards. PRDs shall be subject to the city’s public works standards, with the following exceptions:

(a) All PRDs shall provide through streets when possible. Cul-de-sacs, hammerheads, and other dead-ends shall be avoided if possible. All streets shall be dedicated public rights-of-way.

(b) The city engineer may require provisions for future connections to adjoining developments.

(8) Buffer Between Uses. A buffer of 30 feet shall be established between single-family and multiple-family structures within a PRD. Buffers must be free of structures and must be landscaped, screened, or protected by natural features. Buffers may be used as part of the permitted common open space if the hearing examiner finds it consistent with the intent of the design criteria and suitable for that purpose.

(J) Review Criteria. These criteria will guide the hearing examiner’s review and recommendations and final decision.

(1) The preliminary plan includes appropriate provisions for the public health, safety and general welfare of the public including, but not limited to, the following:

(a) Open space (protected and usable) and recreation facilities;

(b) Water, sewer, drainage and stormwater utilities;

(d) Appropriate ingress and egress;

(e) Fire and emergency vehicle access; and

(f) Minimized potential for soil erosion, landslides, and mudslides.

(2) The proposal is in compliance with and/or is in conformance with the applicable provisions of the:

(a) City subdivision standards for preliminary plats;

(b) Granite Falls Municipal Code, and all other applicable state and federal laws and regulations;

(3) Wherever practical, the proposal includes measures to:

(a) Minimize clearing, with priority given to maintaining existing vegetation;

(b) Revegetate wherever possible; and

(4) All public and private facilities and improvements on and off the site necessary to provide for the proposed PRD are or will be available when needed.

(5) Use of existing public facilities and services will not degrade levels of service to existing users.

(6) Scenic value of existing vistas is protected.

(7) Existing vegetation and permeable surfaces (which provide watershed protection, ground water recharge, climate moderation and air purification) are protected.

(8) Existing habitat, wildlife corridors, and areas used for nesting and foraging by endangered, threatened or protected species are protected to the extent consistent with the proposed new development.

(K) Official Site Plan. The official site plan, as approved by the hearing examiner, shall become the official site plan of the PRD.

(L) Maintenance of Open Space and Utilities. Prior to final plat approval, the applicant shall submit to the city covenants, deeds and homeowners’ association bylaws and other documents guaranteeing maintenance and construction and common fee ownership of public open space, community facilities, private joint use driveways, and all other commonly owned and operated property.

(M) Amendments and Modifications.

(1) Any amendments or major modifications shall be reviewed in the same manner as an original application. A “major modification” means any proposed change in the basic use or any proposed change in the plans and specifications for structures or locations of features whereby the character of the approved development will be substantially modified or changed in any material respect or to any material degree.

(2) Prior to issuing a building permit for any structure in a PRD, the final plat, subdivision, or dedication shall have been approved by the city council and filed for record by the city clerk with the Snohomish County auditor. If a PRD does not require subdivision or dedication, an official site plan and accompanying documents shall be filed with the county auditor, together with covenants running with the land, binding the site to development in accordance with all the terms and conditions of approval.

(3) Prior to final plat approval, these documents shall be reviewed by an attorney and accompanied by a certificate stating that they comply with the requirements of this section. Such documents and conveyances shall be accomplished and be recorded, as applicable, with the Secretary of State and the Snohomish County auditor as a condition precedent to the filing of any final plat of the property or division thereof, except that the conveyance of land to a homeowners’ association may be recorded simultaneously with the filing of the final plat.

(N) Covenants. PRD covenants shall include a provision whereby unpaid taxes on all property owned in common shall constitute a proportioned lien on all property of each owner in common.

(O) Time Limit. Applications and/or official site plan approval for the entire PRD shall expire five years after preliminary plat approval.

(P) Phased Developments. If a PRD is to be constructed over a period of more than two years from the date of preliminary plat approval, the PRD will be divided into phases or divisions of development and numbered sequentially in the order construction is to occur. The preliminary and final plats for each phase shall be reviewed separately. Each phase of the project shall meet all the requirements of a single PRD.

(Q) Final Plat Assurance Device. The city may require assurance devices to assure compliance with the conditions of the approved final plat. All required improvements must be completed within one year from the date of final plat approval unless work is continuous beyond that point or unless modified by the conditions of approval. A maintenance assurance device for at least one year after city acceptance of all required improvements shall be provided. A longer period may be established by the conditions of final approval or by the city engineer for improvements of facilities which may not reasonably demonstrate their durability or compliance within a one-year period.

(R) Special Requirements for Resource Lands. In accordance with RCW 36.70A.060, when appropriate, the final plat must contain a notice that the subject property is on or within 300 feet of lands designated agricultural lands, forest lands or mineral resource lands.

(S) Enforcement. Any division of land contrary to the provisions of this chapter or approved amendments shall be declared to be unlawful and a public nuisance. Compliance with this section or approved amendments may be enforced by mandatory injunction brought by the owner or owners of land in proximity to the land with the proscribed condition. The prosecuting attorney may immediately commence action or actions, or proceedings for abatement, removal and enjoinment thereof, in a manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove the illegal division.

(T) Severability. If any section, subsection, sentence, clause or phrase of this chapter or amendment thereto, or its application to any person or circumstances, is held invalid, the remainder of this chapter or application to other persons or circumstances shall not be affected.

(U) Injunctive Action. The city of Granite Falls, through its authorized agents and to the extent provided by state law, may commence an action to restrain and enjoin violations of this chapter, or any term or condition of plat approval prescribed by the city, and may compel compliance with the provisions of this chapter, or with such terms or conditions as provided by RCW 58.17.200 and 58.17.320. The costs of such action, including reasonable attorneys’ fees, may be taxed against the violator. [Ord. 1020 § 1 (Att. A), 2022.]

19.05.310 Unit lot subdivisions.

(A) Purpose. The purpose of this section is to allow subdivision of certain housing types where subdivision is not otherwise possible due to conflicts between characteristics of the development type and applicable dimensional standards. Unit lot subdivision applies the dimensional standards to the overall site, the “parent lot,” while allowing flexibility in the dimensional standards for the subordinate “unit lots.” This section is not intended to permit uses or densities that are not otherwise allowed in the land use designations in which a unit lot subdivision is proposed.

(B) Administrative Deviation from Dimensional Standards. The overall development on the parent lot proposed for subdivision shall maintain consistency with the development standards applicable to the land use designation and the land use type at the time the application is vested, as specified by the applicable code provisions and this section. Subsequent additions or modification to the structure(s) shall not create any nonconformity of the parent lot. Administrative deviation from setback, lot width, lot coverage, and lot area standards in Chapter 19.03 GFMC may be approved for individual unit lots through a unit lot subdivision, subject to any limitations in this section. Structures on unit lots and structures divided by unit lots that conform to a recorded unit lot subdivision shall not be considered nonconforming under GFMC 19.06.140.

(C) Unit lot subdivisions and subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent lot.

(D) Approval Process. Unit lot subdivisions of nine or fewer lots shall be processed in the same manner as short plats pursuant to the associated permit type in Chapters 19.04A and 19.04B GFMC. Unit lot subdivisions of 10 or more lots shall be processed as plats pursuant to the associated permit types in Chapters 19.04A and 19.04B GFMC.

(E) Approval Criteria. In addition to any other standards and approval criteria applicable to a unit lot subdivision proposal, including but not limited to criteria in Chapters 19.03, 19.04C, and 19.04D GFMC, proposals shall be subject to the following:

(1) Each unit lot shall have individual sewer service, water service, and a power meter specific to that unit.

(2) Private usable open space of at least 400 square feet, exclusive of required parking, shall be provided for each dwelling unit on the same unit lot as the dwelling unit it serves. Such areas shall have a minimum dimension of 15 feet and shall be usable.

(3) Parking shall be calculated and designed for each lot in compliance with Chapter 19.06 GFMC, although parking required for a dwelling may be provided on a different lot or tract within the parent lot as long as the right to use that parking is formalized by an easement declared on the plat. Where parking for detached single-family buildings is provided on a different lot or tract, parking allowances for detached single-family residences in Chapter 19.06 GFMC, including tandem parking and backing into a street, shall not apply.

(4) Private access drives are allowed to provide access to dwellings and off-street parking areas within a unit lot subdivision. Access, joint use and maintenance agreements shall be executed for use of common garage or parking areas, common open area and other similar features, as recorded with Snohomish County.

(5) Access and utility easements, joint use and maintenance agreements, and covenants, conditions, and restrictions identifying the rights and responsibilities of property owners and/or the homeowners’ association shall be executed for use and maintenance of common garage, parking, and vehicle access areas; drainage facilities; underground utilities; common open space (such as common courtyard open space); exterior building facades and roofs; and other similar features, and shall be recorded with the Snohomish County auditor.

(6) Subdivision of common wall or zero lot line development such as townhouses shall provide a five-foot-wide building maintenance easement for external walls, eaves, chimneys, and other architectural features that rest directly on the lot line. The maintenance easement shall be shown on the face of the plat.

(7) The final plat shall note all conditions of approval, that unit lots are not buildable lots independent of the overall development, and that additional development of the individual unit lots, including but not limited to reconstruction, remodel, maintenance, and addition, shall comply with conditions of approval and may be limited as a result of the application of development standards to the parent lot or other applicable regulations.

(8) The application for unit lot subdivisions shall include a detailed, scaled site plan with building footprints. Adequate information shall be provided to determine compliance with all applicable criteria.

(F) The facts that the unit lot is not a separate buildable lot and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot shall be noted on the plat, as recorded with Snohomish County. [Ord. 1020 § 1 (Att. A), 2022.]