Chapter 22G.100 BINDING SITE PLAN

This chapter shall be known as the binding site plan ordinance of the city. The requirements set forth in this chapter are applicable to all divisions of land zoned business, commercial and industrial within the city. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.020 Authority.

These regulations are authorized by Chapter 58.17 RCW and all other applicable state laws and city ordinances. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.030 Purpose.

It is the intent and purpose of this chapter to establish an alternative process to subdividing and short subdividing of land as provided in the city’s subdivision ordinance. The binding site plan review process is approval of a division of land with an overall site plan. The binding site plan shall promote the harmonious development of such properties in a manner that will have the most beneficial relationship between the development of the land and such things as the circulation of traffic, the effective use of utilities, adequate landscaping, parking, loading, refuse disposal, outdoor storage and pedestrian flow. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.040 Jurisdiction.

These regulations shall apply to all properties which are exempt from the city’s subdivision code pursuant to RCW 58.17.040(4) or (7) and which are being divided through the binding site plan process in:

(1) Commercial, industrial, recreation and public institutional zones;

(2) Multifamily and townhome development in the mixed use zone; or

(3) Single-family, multifamily and townhome development in residential zones.

Divisions involving single-family, multifamily, and townhome developments must comply with the planned residential development provisions of Chapter 22G.080 MMC. (Ord. 3093 § 10, 2018; Ord. 2852 § 10 (Exh. A), 2011).

22G.100.050 Applicability.

Any person, firm, corporation or other entity which does not divide their property per the city’s subdivision ordinance and seeks to divide commercial, industrial, recreation, public institutional or residential zoned land for the purpose of sale or transfer of ownership is required to apply for and complete a binding site plan as is required by this title. (Ord. 3136 § 3 (Exh. B), 2019; Ord. 2852 § 10 (Exh. A), 2011).

22G.100.060 Administration.

The director and the city engineer shall have the duty and responsibility of administering the provisions of this title. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.070 Inscription.

All binding site plans exempt under RCW 58.17.040(7) shall have the following inscription:

All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.

(Ord. 2852 § 10 (Exh. A), 2011).

Article II. Preliminary Review Process

22G.100.080 Preapplication requirements.

(1) Meeting. Prior to submittal of a binding site plan application for consideration by the city, the applicant may request a preapplication meeting with the city staff on the express condition that the city, its officers, and employees shall be held harmless and released from any claims from damages arising from discussions at said preapplication meeting. The city shall provide written comments to the applicant, and the applicant may discuss the general goals and objectives of the proposal, the overall design possibilities, the general character of the site, environmental constraints and standards of development. The focus of the meeting shall be general in nature and none of the discussions shall be interpreted as a commitment by the city or applicant. No statements or assurances made by city representatives shall in any way relieve the applicant of his or her duty to submit an application consistent with all relevant requirements of all pertinent city, state and federal codes, laws, regulations and land use plans.

(2) Preliminary Drawings.

(a) Binding Site Plan. The applicant shall provide an accurate preliminary drawing to scale showing lot layout, dimensions, circulation, building location, parking, landscaping and utilities.

(b) Legal Description. The applicant shall provide a legal description of the property.

(3) Scheduling of Meeting. All information set forth in subsection (2) of this section must be provided to the city before a preapplication meeting may be scheduled. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.090 Application submittal.

(1) Fees. The applicant shall pay the required fees as set forth in the city’s fee schedule or other applicable resolutions or ordinances when submitting the binding site plan application.

(2) Application Documents. An applicant for a binding site plan shall submit an application, form, legal description of the property, a vicinity map, declaration of ownership, a listing of the names and addresses of the adjacent property owners, an environmental checklist and a proposed binding site plan.

(3) Preliminary Binding Site Plan. The proposed binding site plan shall be submitted which contains the following information:

(a) The name or title of the proposed binding site plan;

(b) The date, north arrow and appropriate engineering scale as approved by the community development department (e.g., one inch equals 20 feet, one inch equals 30 feet, one inch equals 40 feet, one inch equals 50 feet, one inch equals 60 feet);

(d) Location and name of existing and proposed streets and right-of-way;

(e) Drainage channels, watercourses, marshes, lakes and ponds;

(f) All significant wooded areas as characterized by evergreen trees eight inches in diameter or greater and/or deciduous trees 12 inches in diameter or greater, measured four and one-half feet above grade;

(g) Existing structures and setbacks;

(h) The location of existing driveways;

(i) All easements and uses;

(j) Existing and proposed utilities services;

(k) Fire hydrant location and distance;

(l) Five-foot contour lines;

(m) Preliminary street profile of all streets within the development to be dedicated as public roads together with a preliminary grading and storm drainage plan;

(n) A typical cross-section of the proposed street improvements;

(o) Any regulated sensitive areas such as wetlands, steep slopes or wildlife habitat.

(4) Additional Application Requirements. If the city finds the presence of any of the following site conditions, then the city may require the applicant to provide additional information such as detailed studies and site plans.

(a) Site has existing slopes exceeding 15 percent for more than 50 (running) feet;

(b) Site has permanent drainage course or wetlands;

(c) Conditions exist on the site or in the area adjacent to the site which may contribute to or cause erosion, drainage problems, surface slippage or other geological hazards;

(d) Site has other unique physical features or sensitive features;

(e) The subdivision will result in 10 or more peak-hour vehicular trips onto public streets, or sight distance/safety concern. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.100 Action by city departments.

(1) Action by the Community Development Department. If the binding site plan application is complete and the fee is paid, the community development department shall accept the application and conduct a city review.

(2) Action by Other City Departments. The community development department will circulate copies of the proposed binding site plan to relevant city departments and affected agencies. The department or agency shall review the preliminary subdivision and furnish the community development department with a report as to the effect the proposed binding site plan may have upon their area of responsibility and expertise. The reports submitted shall include recommendations as to the extent and types of improvements to be provided.

(3) Factors Considered by City Departments. The city shall review the proposed binding site plan to determine whether it meets the following criteria:

(a) Comprehensive Plan. Whether the proposed binding site plan and development of the parcel relate to all elements of the comprehensive plan;

(b) Zoning. Whether the proposed binding site plan meets the zoning regulations;

(c) Physical Setting. Whether the binding site plan properly takes into account the topography, drainage, vegetation, soils and any other relevant physical elements of the site;

(d) Public Services.

(i) Adequate water supply;

(ii) Adequate sewage disposal;

(iii) Appropriate storm drainage improvements;

(iv) Adequate fire hydrants;

(v) Appropriate access to all anticipated uses within the site plan;

(vi) Provisions for all appropriate deeds, dedications, and/or easements;

(vii) Examination of the existing streets and utilities and how the proposed binding site plan relates to them;

(e) Environmental Issues. Examination of the project through the SEPA process and a determination of whether the proposed binding site plan complies with the SEPA requirements;

(f) Critical Areas. Binding site plans shall comply with the land division requirements of MMC 22E.010.350.

(4) Notice Requirements. Notice of application shall be given pursuant to MMC 22G.010.090.

(5) Preliminary Decision. Following the comment period provided in MMC 22G.010.090, the director shall:

(a) Review the information in the record and render a decision pursuant to this chapter. Notice shall be provided in accordance with MMC 22G.010.100; or

(b) Forward the application to the hearing examiner for public hearing, if determined to be necessary in accordance with MMC 22G.010.360. (Ord. 3256 § 18 (Exh. R), 2023; Ord. 2852 § 10 (Exh. A), 2011).

22G.100.110 Preliminary approval – Effect.

Preliminary approval of the binding site plan by the city shall constitute authorization for the applicant to take the necessary steps to meet the conditions imposed by the city before commencing the final binding site plan review process. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.120 Final binding site plan approval – Term.

(1) Final binding site plan approval must be acquired in accordance with RCW 58.17.140, as follows:

(a) Within five years of the date of preliminary approval, if the date of preliminary approval is on or after January 1, 2015.

(b) Within seven years of the date of preliminary approval, if the date of preliminary approval is on or before December 31, 2014.

(c) Within 10 years of the date of preliminary approval, if the project is not subject to the requirements adopted under Chapter 90.58 RCW and the date of preliminary approval is on or before December 31, 2007.

(d) An extension may be granted by the community development director for up to two years if the applicant has attempted in good faith to submit the final binding site plan under subsections (1)(a) through (c) of this section and has filed a written request with the community development director requesting the extension at least 30 days before the expiration date. The binding site plan must meet Marysville Municipal Code standards at the time of the extension request or must be able to meet Marysville Municipal Code standards using the minor amendment process in MMC 22G.010.260.

(2) If final binding site plan approval is not obtained within the time frames outlined in subsection (1) of this section, the preliminary binding site plan is void. (Ord. 3032 § 3, 2016; Ord. 2894 § 5, 2012; Ord. 2852 § 10 (Exh. A), 2011).

22G.100.125 Revisions.

Revisions to an approved binding site plan shall be processed pursuant to MMC 22G.010.260 or 22G.010.270. (Ord. 2981 § 42, 2015).

Article III. Final Review Process

22G.100.130 Preliminary approval compliance.

Prior to the submittal of any binding site plan to the city for final approval, the applicant must demonstrate compliance with all of the conditions of the preliminary approval and prepare all of the necessary final documents. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.140 Binding site plan – Requirements.

The final binding site plan shall have dimensions of 18 inches by 24 inches and must include the following:

(1) The name of the binding site plan;

(2) Legal description of existing lots;

(3) The date, north arrow and appropriate engineering scale as approved by the community development department (e.g., one inch equals 20 feet, one inch equals 30 feet, one inch equals 40 feet, one inch equals 50 feet, one inch equals 60 feet);

(4) Boundary lines, right-of-way for streets, easements, and property lines of lots and other sites with accurate bearings, dimensions or angles and arcs, and of all curve data;

(5) Names and right-of-way widths of all streets within the parcel and immediately adjacent to the parcel. Street names shall be consistent with the names of existing adjacent streets;

(6) Number of each lot consecutively;

(7) Reference to covenants and special restrictions either to be filed separately or on the face of the binding site plan;

(8) Zoning setback lines and building sites when required by the city;

(9) Location, dimensions and purpose of any easements, noting if the easements are private or public;

(10) Location, physical description, and date visited of monuments and all lot corners set and found;

(11) Existing structures, including any within 50 feet of existing or proposed lot lines, all setbacks, and all encroachments;

(12) Primary control points identified (i.e., calculated, found, established, or reestablished), basis of bearing, and horizontal and vertical datums as required by the public works department. Descriptions and ties to all control points will be shown with dimensions, angles and bearings;

(13) A dedicatory statement acknowledging public and private dedications and grants;

(14) Parking areas, general circulation and landscaping area when required;

(15) Proposed use and location of buildings when required;

(16) Loading areas when required;

(17) Other restrictions and requirements as deemed necessary by the city;

(18) The applicable requirements of RCW 58.17.040(7) shall be met, including inscription of the following statement on the binding site plan:

(Ord. 3210 § 4, 2022; Ord. 2852 § 10 (Exh. A), 2011).

22G.100.150 Binding site plan – Acknowledgments and certifications.

Acknowledgments and certificates required by this title shall be in language substantially similar to that indicated in the following subsections:

(1) Dedications. The intention of the owner shall be evidenced by his presentation for filing of a final binding site plan clearly showing the dedication thereof and bearing the following certificate signed by all real parties of interest:

Know all men by these presents that _________ the undersigned owner(s), in fee simple of the land hereby platted, and ________, the mortgage thereof, hereby declare this binding site plan and dedicate to the use of the public forever all streets, avenues, places and sewer easements or whatever public property there is shown on the binding site plan and the use for any and all public purposes not inconsistent with the use thereof for public highway purposes. Also, the right to make all necessary slopes for cuts and fills upon lots, blocks, tracts, etc. shown on this binding site plan in the reasonable original grading of all the streets, avenues, places, etc. shown hereon. Also, the right to drain all streets over and across any lot or lots where water might take a natural course after the street or streets are graded. Also, all claims for damage against any governmental authority are waived which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of said roads.

Following original reasonable grading of the roads and ways hereon, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way to hamper proper road drainage. The owner of any lot or lots, prior to making any alteration in the drainage system after the recording of the binding site plan, must make application to and receive approval from the director of the department of public works for said alteration. Any enclosing of drainage waters in culverts or drains or rerouting thereof across any lot as may be undertaken by or for the owner of any lot shall be done by and at the expense of such owner. IN WIT-

NESS WHEREOF we set our hands and seals this ___ day of ____, 20__.

In the event that a waiver of right of direct access is included, then the certificate shall contain substantially the following additional language:

That said dedication to the public shall in no way be construed to permit a right of direct access to street ______ from lots numbered ____ nor shall the city of Marysville or any other local governmental agency ever be required to grant a permit to build or construct an access of approach to said street from said lots.

(2) Acknowledgment.

STATE OF WASHINGTON)

: ss.

COUNTY OF SNOHOMISH)

This is to certify that on this ___ day of ____, 20__, before me, the undersigned, a notary public, personally appeared ______, to me known to be the person(s) who executed the foregoing dedication and acknowledgment to me that signed the same as ______ free and voluntary act and deed for the uses and purposes therein mentioned.

Witness my hand and official seal the day and year first above-written.

NOTARY PUBLIC in and for the State of Washington, residing at

_____________________

(Seal)

(3) Restrictions. The following restrictions shall show on the face of the final plat:

(a) No further subdivision of any lot without resubmitting for formal binding site plan procedure.

(b) All landscaped areas in public rights-of-way shall be maintained by the developer and his successor(s) and may be reduced or eliminated if deemed necessary for or detrimental to city road purposes.

(c) The location and height of all fences and other obstructions within an easement as dedicated on this binding site plan shall be subject to the approval of the Director of Public Works or his designee.

(4) Approvals.

(a) Examined and approved this ____ day of ____, 20__.

_________________________________

City Engineer, City of Marysville

(b) Examined and approved this ______ day of ____, 20__.

__________________________________

Community Development Director, City of Marysville

(c) Examined, found to be in conformity with applicable zoning and other land use controls, and approved this ______ day of ____, 20__.

_______________ _________________

Mayor

_______________ _________________

Attest: City Clerk

(5) Certificates.

(a) I hereby certify that the binding site plan of _____ is based upon an actual survey and subdivision of Section ____, Township ____ North, Range ___ EWM as required by the state statutes; that the distances, courses and angles are shown thereon correctly; that the monuments shall be set and lot and block corners shall be staked correctly on the ground, that I fully complied with the provisions of the state and local statutes and regulations governing platting.

____________________

Licensed Land Surveyor (Seal)

(b) I hereby certify that all state and county taxes heretofore levied against the property described herein, according to the books and records of my office, have been fully paid and discharged, including _____ taxes.

_________________________

Treasurer, Snohomish County

(c) Filed for record at the request of ____ this ____ day of ____, 20__, at ____ minutes past ___m, and recorded in Vol. ____ of Plats, page ____, records of Snohomish County, Washington.

_________________________

Auditor, Snohomish County

(Ord. 3136 § 3 (Exh. B), 2019; Ord. 2852 § 10 (Exh. A), 2011).

22G.100.160 Binding site plan – Title report.

All binding site plans shall be accompanied by a title company certification (current within 30 days from filing of the binding site plan) confirming that the title of the lands as described and shown on the binding site plan are in the name of the owner(s) signing the binding site plan. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.170 Binding site plan – Survey required.

A survey must be performed for every binding site plan by or under the supervision of a state of Washington licensed land surveyor. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.180 Approval procedure.

(1) Applicants for final binding site plan approval shall file all required documents meeting all the requirements of this title with the city’s community development department. The community development department shall review the final binding site plan and circulate it to other city departments to determine whether the requirements of this title and preliminary approval have been met.

(2) To ensure all conditions have been met, the community development director and city engineer will determine whether the binding site plan proposed for final approval conforms to all terms of preliminary approval, and whether the binding site plan meets the requirements of this title, applicable state laws and all other local ordinances adopted by the city which were in effect at the time of preliminary approval.

(3) If either the community development director or the city engineer determines that the requirements have not been met, the final binding site plan shall be returned to the applicant for modification, correction or other action as may be required for approval.

(4) If the community development director and city engineer determine that the conditions and requirements of this title have been met, the community development director, city engineer, and the mayor shall inscribe and execute the city’s written approval on the face of the binding site plan. (Ord. 3136 § 3 (Exh. B), 2019; Ord. 2852 § 10 (Exh. A), 2011).

22G.100.190 Recording requirements.

When the city finds that the binding site plan proposed for final approval meets all the conditions of final approval, then the applicant shall record the original of said binding site plan with the Snohomish County auditor. The applicant will also furnish the city with one reproducible Mylar copy of the recorded binding site plan, and the Snohomish County assessor shall be furnished one paper copy. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.200 Development requirements.

All development must be in conformance with the recorded binding site plan. (Ord. 2852 § 10 (Exh. A), 2011).

Article IV. Standards

22G.100.210 Approval.

(1) Standards for Binding Site Plans. The standards set forth in this chapter are to be used for binding site plans.

(2) Provisions for Approval. No binding site plans shall be approved unless appropriate provisions are made for, but not limited to, the public health, safety, and general welfare. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.220 Public use reservations.

(1) Street Right-of-Way Realignment, Dedication or Widening. If the city concludes that the street right-of-way adjacent to a proposed binding site plan is inadequate for widening and realignment of the existing street is necessary as a direct result of the proposed development, then the city may require a dedication of necessary right-of-way and improvement of that right-of-way.

(2) Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of dedication of land or to mitigate a direct impact that has been identified as a consequence of a binding plan as authorized by Chapter 82.02 RCW. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.230 Design with environment.

Information generated through the environmental review process will be used in designing the development in such a way as to mitigate potential adverse environmental impacts. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.240 Development with existing structures.

In reviewing any project, all existing structures shall comply with the standard of this title and zoning code requirements. However, if the structures are nonconforming, the applicant shall bring the project into compliance with the standards set forth in this chapter to the maximum extent possible. This title does not allow the applicant to increase or intensify the nonconforming nature of the structure. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.250 Site-specific energy conservation.

The use of the site-specific energy schemes shall be encouraged that best offer opportunities for maximum use of southern exposures and the use of natural climate conditions. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.260 Floodplain regulations.

Land identified in “The Flood Insurance Study for the City of Marysville” dated September 16, 2005, as amended, with accompanying flood insurance rate maps (FIRM), as amended, shall not be subdivided unless the requirements of floodplain regulations are met. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.270 Landscaping.

Landscaping shall be required on all projects per zoning code requirements and city standards. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.280 Parking.

The number of parking stalls shall be provided per Chapter 22C.130 MMC, Parking and Loading. All parking lots shall be paved and designed per city standards. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.290 Loading areas.

Loading areas shall be provided per Chapter 22C.130 MMC, Parking and Loading. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.300 Outdoor storage.

Outdoor storage areas that contain material not for sale, rent or lease to the public shall be fully screened from view from all streets and residential zoning boundary. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.310 Signs.

All signs shall be per MMC Title 22 and Chapter 22C.160 MMC, Signs. All signing shall be approved by the city and integrated into the building design and the overall site plan. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.320 Lots.

(1) Lot arrangement shall be related to the natural features of the site and provide a suitable building site.

(2) Business, commercial, and industrial zoned lots in a binding site plan, generally, do not have to meet lot requirements of the zoning code, as long as the city has approved the overall binding site plan. Lots in residential zones in a BSP must comply with the zoning code regarding lot requirements. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.330 Building setbacks.

All setbacks for structures shall be the same as the zoning code; provided, however, when the city has approved a binding site plan, interior lots may be approved on a case-by-case basis. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.340 Fire hydrants.

(1) Fire hydrants shall be installed per city fire code.

(2) Fire hydrants must be approved and operating prior to wood framing of buildings. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.350 Access and circulation.

Ingress, egress and general circulation shall be approved by the city engineer. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.360 Street frontage.

Whenever a project is proposed on an existing public street, frontage shall be improved to current city standards. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.370 Sewer improvements.

All sewer improvements shall be per city standards. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.380 Water improvements.

All water improvements shall be per city standards. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.390 Drainage improvements.

Drainage improvements shall be required as specified in MMC Title 14. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.400 Clearing and grading.

(1) Before any site modification where existing natural features would be disturbed or removed, a grading plan must be submitted to the city and approved by the city showing the extent of the proposed modification.

(2) Debris, waste, trees, timber, junk, rubbish or other materials of any kind shall not be buried in any land or deposited in any surface water.

(3) All erosion control plans must be in compliance with city standards and MMC Title 14.

(4) In critical drainage areas, no clearing of lots shall be allowed until building permits and/or a grading permit has been issued. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.410 Utilities improvements.

All utility facilities shall be per city standards. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.420 Easements.

Permanent easements shall be provided for utilities and other public services identified at the time of preliminary site plan approval. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.430 Underground wiring.

(1) It is the intent of this provision to eliminate insofar as possible the installation of overhead wires and of wire-carrying poles being henceforth developed under this article.

(2) All projects shall have all power lines, telephone wires, television cables, fire alarm systems and other communication wires, cables or lines placed in underground location either by direct burial or by means of conduit or ducts and, with the exception of the city fire alarm system, providing service to each lot or potential building site in the plat.

(3) All such underground installations or systems shall be approved by the appropriate utility company and shall adhere to all governing applicable regulations including but not limited to the city and state applicable regulations and specific requirements of the appropriate utility.

(4) If the appropriate utility company will not approve an underground installation or system because it cannot reasonably be installed according to accepted engineering practices, applicant may request a waiver of the requirement of underground installations or systems to the city engineer. If the city engineer concurs that under accepted engineering practices underground installations or systems cannot reasonably be installed he shall grant the waiver. If the city engineer does not concur, he shall make recommendations relating to the undergrounding of electrical service to the applicant for transmittal to the appropriate utility company.

(5) All utility easements within a proposed binding site plan shall be approved by the appropriate utility company before final acceptance of the binding site plan and shall be shown in their exact location on the final drawing of said plat.

(6) Nothing in this section or any other section of this title in relation to underground wiring shall apply to power lines carrying a voltage of 15 kV or more, nor shall it be construed to prohibit the placement of pad mounted transformers, terminal pedestals or other electrical and communications devices above ground, as determined by the appropriate utility involved. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.440 Improvements – Smooth transition required.

All improvements required by this title shall be extended as necessary to provide a smooth transition with existing improvements, both laterally across the street and longitudinally up and down the street, for utilities, vehicular and pedestrian traffic. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.450 Utility improvement plans.

All street and utility improvement plans shall be prepared by a state of Washington licensed civil engineer. (Ord. 3210 § 7, 2022; Ord. 2852 § 10 (Exh. A), 2011).

22G.100.460 Acceptance of improvements.

The city engineer is authorized to accept all improvements and/or right-of-way dedications required in this title on behalf of the city. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.470 Performance guarantee requirements.

(1) Site improvements shall be completed prior to approval of the final plat or short plat or at the discretion of the city engineer, or his designee, security for performance in accordance with the provisions of Chapter 22G.040 MMC may be supplied. The duration for any such security for performance shall not be longer than one year.

(2) Security for performance shall not be released until all applicable departments responsible for acceptance and maintenance of improvements have approved said release. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.480 Site improvements designated.

Site improvements shall include, but are not limited to: grading of entire width of street rights-of-way, asphalt/concrete surfacing of roadways (as per city standards contained in the street code), curbs, gutters and sidewalks constructed according to the street code and construction of drainage facilities included in the preliminary plat. The developer shall request inspection of the improvements by the city engineer or his designee at the following times:

(1) Erosion control measures are installed;

(2) Rough grading is complete and prior to placing pit run;

(3) Storm sewer completion;

(4) Roadway including curb and gutter completion;

(5) When all improvements, including monuments, have been placed.

All improvements which do not meet city standards shall be immediately replaced or repaired prior to proceeding. The city engineer, or his designee, will inform the developer in writing of any improvements which are not acceptable. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.490 Warranty requirements for acceptance of final improvements.

(1) After satisfactory completion of roadway improvements, including streets, curbs, gutters and sidewalks, and storm water drainage improvements, and after satisfactory completion of on-site retention facilities, if any, the owner and/or developer shall provide the city with security for maintenance in accordance with the provisions of Chapter 22G.040 MMC. The warranty period for the security for maintenance shall be a minimum of two years.

(2) For the purpose of this title, final approval shall not be given until such time as all of the required improvements have been satisfactorily installed in accordance with the requirements of preliminary approval or security for performance and security for maintenance have been provided and accepted by the city. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.500 Survey required.

(1) A survey must be conducted by or under the supervision of a registered land surveyor licensed in the state of Washington. The surveyor shall certify on the binding site plan that it is a true and correct representation of the lands actually surveyed and the survey was done in accordance with city and state law.

(2) In all binding site plans, lot corners must be set before final approval can be granted.

(3) In all binding site plans, perimeter monuments must be set before final approval can be granted.

(4) In all binding site plans, control monuments must be set before final acceptance of public improvements. Performance guarantees must include the installation of all control monuments. Control monuments must be installed per city design and construction standards.

(5) In all binding site plans, where final approval is to be granted by the acceptance of a performance guarantee, lot corner and perimeter monuments must be set. The performance guarantee must include the resetting of any monument that has been lost during construction of public improvements. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.510 Dedication – Warranty deed.

Any dedication, donation or grant as shown on a binding site plan shall be considered a statutory warranty deed to the said grantee for the use intended. (Ord. 2852 § 10 (Exh. A), 2011).

Article V. Modifications

22G.100.520 Modification.

(1) Any applicant can request and make application to the city requesting a modification from the requirements of MMC 22G.100.230 through 22G.100.330.

(2) For a modification of 25 percent or less, it shall be considered by the community development director as an administrative decision.

(3) For a modification of more than 25 percent, it shall be considered by the hearing examiner at a public hearing.

(4) The modification shall not be granted by the community development director or hearing examiner until the following criteria have been established:

(a) There are exceptional circumstances or conditions such as: locations of existing structures, lot configuration, topographic or unique physical features that apply to the subject property which prohibit the applicant from meeting the standards of this title;

(b) The authorization of the modification or variation will not be detrimental to the public welfare or injurious to property in the vicinity or zone in which the property is located;

(c) A hardship would be incurred by the applicant if he/she complied with the strict application of the regulations. The filing of an application with the city requesting a modification for variation shall stay the running of the time period for binding site plans and development plans. (Ord. 2852 § 10 (Exh. A), 2011).

Article VI. Appeals

22G.100.530 Appeals to hearing examiner.

(1) An appeal of the decision relating to the binding site plan shall be made to the hearing examiner. Such an appeal must be made in writing and filed with the office of the hearing examiner within 14 calendar days from the date on which the decision was rendered.

(2) The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the hearing examiner shall be final with a right of appeal to superior court as provided in MMC 22G.010.560.

(3) Standing to appeal is limited to the following:

(a) The applicant or owner of the property on which the binding site plan is proposed;

(b) Any aggrieved person who will thereby suffer a direct and substantial impact from the proposed binding site plan; and

(c) RCW 58.17.180 grants standing to property owners within 300 feet of the subject property. (Ord. 2852 § 10 (Exh. A), 2011).

Article VII. Enforcement and Penalties

22G.100.540 Enforcement.

The auditor shall refuse to accept for recording any binding site plan which does not bear the verification of approval as defined by this chapter. The city attorney is authorized to commence an action to restrain and enjoin a violation of this chapter and compel compliance with the provisions of this chapter. The costs of such action shall be taxed against the violator. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.550 Violation – Nuisance declared.

Any violation of the provisions of this chapter constitutes a public nuisance per se which the city can abate by an action in Snohomish County superior court. All costs of such action, including attorneys’ fees, shall be taxed against the violator. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.560 Provisions not exclusive.

Penalty and enforcement provisions in this chapter are not exclusive, and the city may pursue any remedy or relief it deems appropriate. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.570 Severability.

If any provision of this chapter shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that this chapter would have been enacted without the provision so held unconstitutional or invalid, and the remainder of this chapter shall not be affected as a result of said part being held unconstitutional or invalid. (Ord. 2852 § 10 (Exh. A), 2011).

22G.100.580 Savings.

Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any ordinance of the city herein repealed, or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of passage of the ordinance codified in this chapter. (Ord. 2852 § 10 (Exh. A), 2011).