Chapter 14.18 SUBDIVISIONS, BOUNDARY LINE ADJUSTMENTS AND BINDING SITE PLANS

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. (Ord. 811, Sec. 5 (Exh. 4), 2010)

14.18.015 Review of Subdivisions.

No person may subdivide property except in accordance with the provisions of this title. Subdivisions 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 subdivision, 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. 1179, Sec. 9, 2024; Ord. 811, Sec. 5 (Exh. 4), 2010)

14.18.020 Limitations on Re-Subdividing Short Plats.

Short plats can be re-subdivided 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, re-subdivision requires a long plat. (Ord. 811, Sec. 5 (Exh. 4), 2010)

14.18.025 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 14.16B.

(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. 811, Sec. 5 (Exh. 4), 2010)

14.18.030 Application for Final Plat Approval.

The application for final plat approval shall include:

(a) Completed application form with fee.

(b) 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 .02 feet in any such closure.

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

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

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

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

(iv) Any encumbrances on the property; and

(v) 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 Planning Director 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. 1179, Sec. 9, 2024; Ord. 1069 § 2, 2020; Ord. 811, Sec. 5 (Exh. 4), 2010)

14.18.035 Approval of Final Plats.

(a) Final plats for subdivisions and short subdivisions are approved by the Planning and Public Works Directors. 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 in a format approved by the City. (Ord. 1179, Sec. 9, 2024; Ord. 1023, Sec. 2 (Exh. A), 2018; Ord. 811, Sec. 5 (Exh. 4), 2010)

14.18.040 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 or under the surveyor’s supervision; (2) that the exterior plat boundary, and all interior lot corners have been set on the applicant’s property by or under the surveyor’s 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 Planning Director, 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 or Planning and Community Development Director.

(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 plat or 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. 1179, Sec. 9, 2024; Ord. 1069 § 2, 2020; Ord. 811, Sec. 5 (Exh. 4), 2010)

14.18.045 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 Planning Director: certificate of subdivision approval, certificate of approval of public improvements, certificate of ownership and dedication, certificate of survey and accuracy, certificate of City Treasurer, Planning and Public Works Directors Approvals, Snohomish County treasurer’s certificate, and recording certificate. (Ord. 903, Sec. 22, 2013; Ord. 811, Sec. 5 (Exh. 4), 2010)

* Code reviser’s note: This section has been updated to correspond to changes made by Ordinance 1023 and the intent of the city council in passing Ordinance 1023.

14.18.050 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. 811, Sec. 5 (Exh. 4), 2010)

14.18.055 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. 811, Sec. 5 (Exh. 4), 2010)

14.18.060 Alterations of Subdivisions.

(a) If an applicant wishes to alter a subdivision or short subdivision or any portion thereof, except as provided in Section 14.18.065, that person shall submit an application to the Department of Planning and Community Development requesting the alteration. The application shall contain the signatures of the majority of 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.

(1) Upon receiving an application for an alteration of a short subdivision or subdivision, the Planning Director or designee shall provide a notice of application to all owners of property within the subdivision, per Chapter 14.16B, Part II, for short subdivisions and Chapter 14.16B, Part III, for subdivisions.

(2) The notice shall establish a date for a public hearing or provide a person receiving notice to request a public hearing within 14 days of issuance of the notice of application. The Hearing Examiner shall conduct the hearing.

(b) The Planning Director shall have the authority to determine whether the proposed alteration constitutes an administrative modification, per Section 14.16C.025, or a major alteration. Major alterations are those which substantially change the basic design, density, open space, or other similar requirements or provisions.

(1) When the alteration meets the requirements of this section and Section 14.16C.025, the alteration will be reviewed as a Type II administrative modification.

(2) When the alteration exceeds the requirements of this section and Section 14.16C.025, the alteration shall be reviewed by the same body that reviewed the original application. The criteria for approval of such a modification shall be those criteria governing the permit which is the subject of the proposed alteration.

(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) 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.

(e) 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.

(f) 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. 1179, Sec. 9, 2024; Ord. 1069 § 2, 2020; Ord. 811, Sec. 5 (Exh. 4), 2010)

14.18.065 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 The Department of Planning and Community Services. 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 Section 14.16C.095 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 Planning Director 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. 811, Sec. 5 (Exh. 4), 2010)

14.18.070 Boundary Line Adjustments.

Repealed by Ord. 1069. (Ord. 903, Sec. 23, 2013; Ord. 811, Sec. 5 (Exh. 4), 2010)

Part II. Binding Site Plans

14.18.105 Purpose and Applicability.

(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.

(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)

14.18.110 Procedure.

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)

14.18.115 Additional Application Requirements.

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

14.18.120 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:

(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. 898, Sec. 4, 2013; Ord. 855, Sec. 19, 2011; Ord. 811, Sec. 5 (Exh. 4), 2010)

14.18.125 Subsequent Development Permits.

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)

14.18.130 Conditions of Approval.

(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)

14.18.135 Conditions for Previously Approved Site Plan.

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)

14.18.140 Conditions When Concurrently Reviewed.

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)

14.18.145 Design Standards - Access Requirements.

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)

14.18.150 Road and Right-of-Way Establishment and Right-of-Way Dedication.

(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)

14.18.155 Phased Development.

(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)

14.18.160 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 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. 1069 § 3, 2020; Ord. 811, Sec. 5 (Exh. 4), 2010)

14.18.165 Bond or Performance Security.

(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)

14.18.170 Revisions.

(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)

14.18.175 Recording with County Auditor.

(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. 1069 § 3, 2020; Ord. 903, Sec. 24, 2013; Ord. 811, Sec. 5 (Exh. 4), 2010)

14.18.180 Vacation.

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)

Part III. Boundary Line Adjustments

14.18.200 Boundary Line Adjustments.

(a) Minor lot line adjustments and lot consolidations are exempt from the subdivision regulations. Minor lot line adjustments to existing legal lots and lot consolidations are permitted when no new lots are created through the process and the adjusted lots must either meet all requirements of this title and/or other City regulations. In the case of existing legal nonconforming lots, the adjustment shall not create a new or greater nonconformity with respect to any City regulations.

(b) Application for a boundary line adjustment (BLA) is made by submitting to the Planning Director a land use development application, with a survey of the subject property showing existing and proposed lot lines, before and after legal descriptions, owner’s certificate, surveyor’s certificate, and Planning Director’s approval certificate.

(c) To finalize an approved boundary line adjustment, 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.

(d) Recording fees and applicable State fees shall be paid by the applicant. Immediately after recording, copies of the recorded BLA documents shall be provided to the City. The BLA shall not take effect until recorded with the Snohomish County Auditor and copies returned to the City.

(e) The Director or designee may grant up to a one-year extension of a BLA for good cause, if a written request for extension, including a description of reason for request, is submitted to the Planning Director at least two weeks before approval lapses.

(f) If the BLA affects more than one property owner, a conveyance document(s) shall be recorded at the same time as the BLA documents. The conveyance document(s) shall establish ownership consistent with the approved, adjusted boundaries.

(g) When a BLA is recorded subsequent to a record of survey for the same property, the recording number of the record of survey shall be noted on the BLA map. (Ord. 1179, Sec. 9, 2024; Ord. 1069 § 4, 2020)

Part IV. Alternative Subdivisions

14.18.300 Planned Residential Developments.

It is intended that a planned residential development (PRD) will result in a higher quality neighborhood that incorporates design for buildings, parks, open space, landscaping, roadways, and other project features; provides flexibility to the property owners; encourages a variety of housing types; and promotes compatibility with the surrounding neighborhoods. In addition to meeting the other relevant requirements of this title, PRDs must comply with the following:

(a) The PRD must be located on sites greater than one acre in size within a single-family zoning district.

(b) The PRD is eligible for a 20 percent density bonus above the allowable density of the underlying zoning district per Chapter 14.48.

(c) Permissible residential uses within a PRD include single-family detached dwellings, duplexes and attached single-family townhomes of three and four units, regardless of the underlying zoning district.

(d) Alternative development standards may be used through the PRD process, including reduced lot size, width, or setback restrictions for a portion of the lots, subject to the following:

(1) At least 60 percent of the PRD lots must be comprised of single-family detached residences using the development standards of the underlying zoning district, subject to the allowed modifications of this section.

(2) Duplexes are allowed subject to the lot size requirements of Section 14.46.230(c)(5) and other elements of this section, unless developed on fee simple lots.

(3) The PRD may contain graduated densities (i.e., distinct lot patterns representing two or more different zoning districts).

(i) If the PRD contains graduated densities, then the second graduated density of SFR lots must be designed to achieve the minimum dimensional standards of the next smaller zoning district’s lot size and lot width standards.

(ii) Attached housing portions of a PRD are limited to four units per structure and may not exceed 25 percent of the total PRD dwelling units.

(4) Dimensional requirements of the underlying zoning district shall apply within the PRD for each land use proposed, with the following exceptions:

(i) PRD lot sizes can be reduced up to 25 percent, with no lots being smaller than 3,600 square feet;

(ii) PRD lot widths can be reduced up to 25 percent, with no lots being narrower than 40 feet;

(iii) PRD lots can have reduced side setbacks up to 25 percent, with no side setback being less than five feet per side;

(iv) PRD lots, including lots with attached housing, can have reduced rear setbacks up to 25 percent, with no rear setback being less than 10 feet; and

(v) Fee simple PRD lots with attached housing of two or more units have no minimum lot size, but must be a minimum 16 feet wide and may have zero-foot internal side setbacks along common walls. Separation between buildings must be a minimum of 10 feet.

(vi) Impervious areas on attached housing lots may be increased on a lot-by-lot basis, but the entire project may not exceed the impervious area for the underlying zoning district.

(e) The design of a PRD, including site layout, landscaping, public facilities (e.g., storm drainage, parks, streets, etc.) and building design, shall be subject to design review and shall meet the city’s adopted design guidelines, in addition to the following:

(1) Primary building entrances shall be located on the front facades of residences and oriented to the primary street or courtyard depending on the overall PRD design.

(2) Facades shall emphasize the pedestrian entrance to the structure by using distinct architectural features, varied materials, windows, and/or varied rooflines.

(3) All homes shall include elements that define the living area or entry of the home as the prominent feature. Homes with garages shall employ the following design features including but not limited to using windows, contrasting colors, materials or other architectural features to soften the appearance of garages. Detached single-family and duplex units shall provide offsets forward from the garage.

(4) A Type B landscape screen shall be required along the frontage of the PRD where the PRD intersects a collector, arterial or other residential street.

(5) Ensure that the primary frontage of new development includes inviting and appropriate landscaping from the public way or courtyard that complements the structure.

(h) The PRD must include and improve 10 percent of the site (excluding critical areas and buffers or areas of the site encumbered by existing easement(s) that will remain) with two or more common amenities including but not limited to:

(1) Usable open space area for parks and recreation including play areas, sport courts, trails, gazebos, covered shelters, picnic tables and benches;

(2) Landscaped entries into the project; and

(3) Protection of unique features. The PRD shall preserve unique natural site amenities, including significant trees or significant stands of trees as defined in Chapter 14.08, unusual rock outcroppings, ravines and ponds; wherever possible, outside of easements, critical areas and associated buffers. The trees retained shall only include healthy evergreen trees that have a high likelihood of withstanding windthrow. (Ord. 1069 § 5, 2020)

14.18.310 Cluster Subdivisions.

(a) In any single-family residential zoning district, a developer may create lots that are smaller than those required by Section 14.48.010 if such developer complies with the provisions of this section.

(b) The subdivision must result in six lots or more.

(c) The intent of this section is to authorize a decrease in lot sizes and leave the land “saved” by so doing as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the density beyond what would be permissible if the land were subdivided into the size of lots required by Chapter 14.48.

(1) Lot sizes and lot widths may be reduced by up to a maximum of 20 percent of the dimensional standards for the underlying zoning districts per Table 14.48-I, provided no lot is less than 3,600 square feet in area or 40 feet in lot width.

(d) The amount of usable open space that must be set aside shall be determined by:

(1) Subtracting from the standard square footage requirement set forth in Table 14.48-I the amount of square footage of each lot that is smaller than that standard;

(2) Adding together the results obtained in subsection (d)(1) of this section for each lot.

(e) Common open space tracts created by clustering shall be located and configured in the manner that best connects and increases the usability of the open space within the subdivision, and satisfies the definition of usable open space per Table 14.48-I. The usable open space must be large enough to provide functional leisure or recreational activity and may be comprised of more than one tract; however, at least one open space tract shall be a minimum of 7,200 square feet. For cluster subdivisions in the R8-12 zoning district one open space tract shall be a minimum of 2,400 square feet.

(f) The setback requirements of Table 14.48-I shall apply in cluster subdivisions. (Ord. 1069 § 5, 2020)

14.18.320 Unit Lot Subdivisions.

(a) The primary purpose of these provisions is to allow for the creation of fee simple unit lots for townhouse dwellings and duplexes, while applying only those site development standards applicable to the parent site as a whole.

(b) The development as a whole shall meet development standards applicable at the time the permit application is vested. As a result of the subdivision, development on individual unit lots may be nonconforming as to some or all of the development standards of this title based on analysis of the individual unit lot, except that any private open space for each dwelling unit shall be provided on the same lot as the dwelling unit it serves.

(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) 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.

(e) Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot or tract other than the lot with the dwelling unit, if the right to use that parking is formalized by an easement or otherwise defined on the final plat, as recorded with Snohomish County.

(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. 1069 § 5, 2020)