Chapter 7.20 SUBDIVISIONS

Chapter 7.20
SUBDIVISIONS

Sections:

7.20.000 Purpose.

7.20.010 General provisions.

7.20.020 Tribal member family subdivisions.

7.20.030 Boundary line adjustments.

7.20.040 Minor subdivisions.

7.20.050 Major subdivisions.

7.20.060 Guarantee of developer performance.

7.20.070 Government planned unit development.

7.20.080 Binding site plans.

7.20.000 Purpose.

(1) Purpose. The provisions of this chapter are adopted for the purpose of providing for the future growth and development of the Tulalip Reservation and its environment by regulating the subdivision of land. All subdivisions of land and all dedications and vacations of streets must comply with the Tulalip Tribes Comprehensive Plan as adopted by the Board of Directors and with the current zoning laws within this title unless exempted. The subdivision provisions are intended to establish a framework to enable the following purposes:

(a) Establish Tribal jurisdiction over divisions of land within the Tulalip Indian Reservation;

(b) Ensure orderly growth and development consistent with the Tulalip Comprehensive Plan and Zoning Code;

(c) Provide efficient and uniform guidelines, standards and procedures for the subdivision of land in accordance with plans, policies, and standards of the Tribes;

(d) Ensure effective use of land resources and proper public improvements, full utilization of urban services, and transportation options with environmentally sensitive development practices;

(e) Promote the public health, safety, and general welfare by:

(i) Providing safe and convenient travel and minimizing congestion on roads and streets;

(ii) Securing safety from fire, pollution, flooding, and other dangers;

(iii) Preventing overcrowding of development;

(iv) Providing a uniform monumentation for surveying and conveying real property with accurate legal descriptions; and

(v) Protecting and enhancing the environmental quality;

(f) Encourage the protection of natural resources in order to preserve the integrity, stability, natural beauty, topography, and the value of land; and

(g) Plan for a balance between land uses, natural resources, open spaces, recreation, and public use that is beneficial to the community as a whole, both currently and in the future. [Res. 2023-382].

7.20.010 General provisions.

(1) Applicability. These provisions shall apply to all divisions of land including minor and major subdivisions, conservation subdivisions, planned unit developments (PUD) and dedications hereafter established within the exterior boundaries of the Tulalip Indian Reservation; establish the required procedure for submittal of applications for subdivision activities; and establish the administrative procedure for approval of subdivision activities.

(2) Exemptions. Land not subject to these provisions includes:

(a) Parcels of land legally divided prior to the effective date of this title.

(b) Divisions made solely to acquire or expand road rights-of-way or to establish other public facilities, including cemeteries.

(c) Parcels divided as a result of Federal laws are not subject to the subdivision code and have a separate process defined within this title. These land types include:

(i) The creation of any parcel from or upon any property held in trust by the United States for a member of the Tulalip Tribes by virtue of a gift of land which is approved by the Secretary of the Interior under Federal statutes or regulations.

(ii) The creation of any parcel established by a distribution or division of land that occurs pursuant to the descent and distribution provisions of 25 U.S.C. 371 et seq., or by virtue of an Indian probate proceeding under Federal statutes or regulations.

(iii) The creation of any parcel established by virtue of a partition or sale decree authorized by 25 U.S.C. 403(a)(1) or by virtue of a partition under 25 CFR 152.33.

(iv) Home Site Leased Land. A contractual agreement by which an owner of real property (the lessor) gives the right of possession of a portion of any lot or parcel of land to another (a lessee) for a specified period of time (term) and for home site development. The area for home site development can be either vacant land or covered by any structure, including but not limited to septic systems and reserve area, wells, buildings, pools, and driveways.

(d) Agricultural Land – Agricultural Lease. Divisions made for the purpose of lease for agricultural uses; provided, that each such leased parcel is a minimum of five acres or one one-hundred-twenty-eighth of a section of land. The remaining portion of the parcel shall also be a minimum of five acres or one one-hundred-twenty-eighth of a section of land. This exemption authorizes leasing the parcel but shall not authorize the sale of the parcel. This provision is subject to zoning requirements found in other sections.

(e) Land subject to Chapter 7.22 TTC, Wireless Communications.

(f) Environmental Mitigation. Approved divisions of land for environmental mitigation, conservation or restoration; provided, that all of the following conditions are met:

(i) All lots are a minimum of five acres or one one-hundred-twenty-eighth of a section of land.

(ii) All lots shall be used exclusively for:

(A) Environmental mitigation required under Tribal law; or

(B) If residential, commercial, or industrial buildings already exist, then one lot containing these buildings shall be created.

(iii) A permanent covenant acceptable to the Board of Directors shall be recorded against each lot. This covenant shall state the following:

(A) The lot shall be used exclusively for environmental mitigation, conservation or restoration.

(B) The lot shall not be further divided.

(C) New structures not necessary for environmental mitigation, conservation or restoration including residential, commercial and industrial development shall be prohibited.

(D) A legal description of the parcels created for environmental mitigation, conservation or restoration, prepared by a surveyor, shall be submitted to the Planning Department for final approval and recordation.

(E) Legal ingress and egress and conservation easement of record are provided to the lots created by the exemption and verified by the Planning Department and Tulalip Utilities Department. All access points to public roads shall be approved by the Tulalip Utilities Department.

(3) Relationship to Other Ordinances, Codes, and Plans. This title is intended to be consistent with and implement the goals, policies and provisions of the Tulalip Tribes Comprehensive Plan or any successor plan and its implementing ordinances. Division of land or alteration of lot lines shall conform to the requirements set forth in the Tulalip Tribes Comprehensive Plan and other Tribal codes.

(4) Interpretation. In the interpretation and application of this chapter, the provisions shall be held to be the minimum requirements. More stringent provisions may be required by the Planning Department if it is determined that different requirements are necessary to protect the health, safety and welfare of the Reservation community.

(a) Subdivision regulations, policies, procedures, and standards shall conform to the Tulalip Tribes’ plans, policies, codes, and land use development laws. In the event of any discrepancies between other applicable standards and these, the more restrictive standard shall apply.

(b) Contiguous parcels of land in the same ownership shall be included in any minor or major subdivision, regardless of their intended use.

(5) Enforcement. It shall be unlawful to build upon, divide, convey, record or monument any land in violation of this title. No person shall be issued a building permit by the Tribes authorizing the building on, or improvement of, any subdivision, land division or replat within the jurisdiction of this title until the provisions and requirements of this title have been fully met. The Tribes may institute appropriate action or proceedings to enjoin violations of this title and other penalties as requirements of this title and other applicable laws.

(6) Right of First Refusal. In the event that any owner, including any subsequent grantee and contract vendee, of any parcel created under this section shall decide and agree with a third party, after acquiring such parcel or any interest therein, to sell the parcel or any portion thereof, the owner shall within 10 days thereafter offer the same to the Tribes for the price and on the terms of the intended sale. Each party shall have 60 days from the delivery of the otherwise acceptable, bona fide offer in which to accept or reject it.

(7) Retained Jurisdiction. Once a parcel has been subdivided pursuant to this code, any further land-use action will be subject to the laws of the Tulalip Tribes. The following language shall be included on every permit, application, form or other applicable document: “By submission of this document, I recognize that I am entering into a consensual relationship with the Tulalip Tribes and that all further actions taken in association with the land at issue, will be handled in conformity with Tulalip laws and policies” and contain a signature line for acknowledgment.

(8) Guarantees for Required Improvements. As part of the staff report and recommendations, the Tulalip Tribes shall establish a plan for all required bonds to ensure that construction and installation of required improvements will be guaranteed. The specific types of bonds required and the process are defined in TTC 7.20.060(5).

(9) Fees. Fees for the subdivision process shall be as established by the Planning Department in January of each year subject to Board of Directors’ approval. Such fees shall be posted at the Planning Department office and online at the Planning Department web page. Should the Board of Directors not approve the proposed fees, the previous year’s fees shall remain in effect until further Board action.

(10) Further Subdivision – Time Limit. The subdivider or developer, or his or her successor in interest, cannot further subdivide any property within the subdivision for a period of five years.

(11) Subdivision Process. Subdivision is the process of creating one or more new lots from an existing parcel of land. Subdivision of land must be reviewed by the Planning Department and a subdivision plat must be recorded whenever a single parcel is divided into two or more lots. There is a different approval procedure for each type of subdivision.

(12) General Submittal Requirements for All Subdivisions. All applications for minor subdivisions and preliminary plats of major subdivisions shall be on a form provided and approved by the Planning Department and include the following:

(a) The application packet provided by the Planning Department;

(b) A nonrefundable application fee; and

(13) Pre-Application Concept Plan Submittal Requirements. The concept plan must include the following information:

(a) General topography, based on existing topographic maps or other resources (note: the property is not required to be surveyed at the concept plan stage);

(b) Approximate footprints of any existing aboveground manmade features located on the subject property, including buildings and other structures, streets, sidewalks, etc.;

(c) Surrounding land uses and approximate location of building footprints within 100 feet of subdivision boundaries on abutting properties;

(d) Sensitive features, including streams, wooded areas, known wetlands or potential wetlands, known archaeological sites, etc.; and

(e) Other necessary information pertaining to the existing conditions of the property, as requested by the Tribes.

(14) Severability. See TTC 7.02.060, Severability. [Res. 2023-382].

7.20.020 Tribal member family subdivisions.

(1) Purpose. To provide a simple process for Tulalip Tribal members to divide fee land among family members for single-family residential homesites while providing for safe sewage disposal and drinking water supply and helping ensure that the result is one buildable homesite for any individual Tribal member.

(2) Applicability. This section only applies to the act of an enrolled Tulalip Tribal member applicant to divide fee land on the Tulalip Reservation into two or more parcels for use as homesites, and to convey an interest in any one such parcel for no consideration to one Tulalip Tribal member who is the applicant’s spouse, brother, sister, lineal ancestor, lineal descendant, or collateral heir.

(3) Required Submissions. Applicants for approval of Tribal member family subdivisions shall provide the Planning Department with:

(a) Proof of applicant’s ownership of the property, Tribal membership, and qualifications of grantee(s). No Tribal member shall be qualified to possess more than one homesite created under the authority of this section at any given time.

(b) A soil and site evaluation where an on-site sewage treatment system will be used, prepared by an on-site sewage treatment system designer or professional engineer licensed by the State of Washington. The soil and site evaluation must establish the suitability of the proposed parcel(s) for an on-site sewage treatment system and recommend the suitable type of system and the amount of land necessary to accommodate the system and a suitable reserve area.

(c) A scaled site plan that demonstrates that proposed parcels can accommodate site utilities including any wells and on-site sewage treatment systems, access and utilities easements, existing and proposed structures, building setbacks, and environmentally sensitive areas and buffers.

(d) A survey prepared by a licensed land surveyor showing existing and proposed parcel lines, legal descriptions of proposed parcels and setting forth the Tribes’ right of first refusal.

(e) Proof of access to all proposed parcels.

(f) A copy of the proposed instrument of conveyance containing the Tribes’ right of first refusal.

(g) Other plans, statements, and documents as reasonably required for the evaluation of the proposal.

(4) Executive Director Decision Authority. The Executive Director or his or her designee shall have the authority to approve Tribal member family subdivisions consistent with the requirements of this section.

(5) Allowed Density. The density created by Tribal member family subdivisions shall not exceed the density allowed in the underlying zone. An exception are zones R-5, R-10, and RS-20 where a density of one dwelling unit per two and one-half acres may not be exceeded. The density created by all subdivisions must provide enough land to accommodate necessary primary and reserve areas for on-site sewage treatment systems, wells, site utilities, access and utility easements, building setbacks, environmentally sensitive areas and buffers, existing and proposed structures, driveways and other development, and maintaining the horizontal separation between on-site sewage treatment systems and other items such as wells described in Table IV of WAC 246-272A-0210. In no case where an on-site sewage treatment system will be used shall the proposed parcels be smaller than the minimum land areas shown in Table X of WAC 246-272A-0320.

(6) Standards for On-Site Sewage Treatment Systems. The design standard for any on-site sewage treatment system installed on parcels created by Tribal member family subdivisions and for the purposes of determining the minimum parcel size for such parcels shall be the minimum design requirements of the Washington State Department of Health on-site rules, WAC 246-272A-0230 through 246-272A-0238. Each parcel utilizing an on-site sewage treatment system shall include a primary area for the installation of the on-site sewage treatment system and a reserve area that is protected and maintained for the replacement of the system in the event of primary drain field failure. Soil and site evaluations (“perc tests”) shall meet the requirements of WAC 246-272A-0220.

(7) Exemptions. Tribal member family subdivisions shall not be subject to the subdivision requirements of TTC 7.20.010, General provisions. All other requirements of this title shall apply.

(8) Right of First Refusal. In the event that any owner, including any subsequent grantee and contract vendee, of any parcel created under this section shall decide and agree with a third party, after acquiring such parcel or any interest therein, to sell the parcel or any portion thereof, the owner must first within 10 days thereafter offer the same to the Tribes for the price and on the terms of the intended sale. Each party shall have 60 days from the delivery of the otherwise acceptable, bona fide offer in which to accept or reject it. [Res. 2023-382].

7.20.030 Boundary line adjustments.

(1) Authority. The Executive Director or his or her designee shall have the authority to approve boundary line adjustments which would allow for an adjustment of boundary lines to legal lots, provided:

(a) No new lots are created.

(b) Only one boundary line adjustment within any five-year period. [Res. 2023-382].

7.20.040 Minor subdivisions.

(1) Applicability. This section applies to minor subdivision applications. A minor subdivision is any subdivision resulting in four or fewer lots, and not inconsistent with the Comprehensive Plan, official map, or zoning laws. A minor subdivision does not involve the construction of a public improvement, such as a public street, sewer or water main extension, and a minor subdivision does not contain any environmentally sensitive, critical or cultural resource areas unless exempted by the Department of Natural Resources. A minor subdivision is approved by the Executive Director. A series of related minor subdivisions on contiguous land cumulatively totaling five or more lots shall be construed to create a major subdivision.

(2) Subdivision Process. Minor subdivisions shall follow the Type III permit procedures summarized as follows:

(a) Pre-application meeting with Planning Department.

(b) Submission of application and required materials.

(d) Planning Review Committee review and comment.

(e) Administrative approval, approval with conditions, or denial by Executive Director.

(f) Filing and recordation of plat in office of Planning Department, the Tribal Realty Office, to Snohomish County Auditor and, if trust land, to the Bureau of Indian Affairs.

(3) Plat Submittal Requirements. All minor subdivision plats shall be prepared and drawn in conformity with this title and shall show:

(a) An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, the location and type of all monuments, and including elevation contours at USGS intervals, minimum and referenced corners of the tract; and shall be made and certified by a licensed land surveyor;

(b) The proposed pattern of parcels and lots, including parcel and lot widths, depths and areas within the subdivided area. Calculations of lot areas shall exclude public road areas;

(c) The locations of all zoning front, side and rear yard lines; zoning district lines and the names of all applicable zones; floodplains; wetlands and easements; and

(d) Any other specifications required by the Permit Review Committee.

(4) Pre-Application Meeting. The pre-application meeting is a nonbinding review of a development proposal intended to provide information to the applicant on the procedures and policies of the Tulalip Tribes and does not confer upon the applicant any development rights. Planning staff will invite appropriate Permit Review Committee staff to attend the meeting. Such a meeting may be used to expedite the review process by allowing the planning staff and the applicant to be advised of the following:

(a) The potential classification of the subdivision as minor or major;

(b) The requirements related to cultural resources;

(d) The determination of wetlands and floodplains; and

(e) Any site-specific issues.

(5) Administrative Review and Decision Process.

(a) Application and Fees. Application and fees shall be submitted to the Planning Department prior to the meeting at which it is to be considered. Planning staff will serve as the point of contact for the community to answer development-related questions and to accept the application and submittal packet. The application shall contain all items as required in this chapter.

(b) Acceptance of Completed Application – Official Submission Date. The application shall not be considered complete until all information as required in this chapter is provided. Once the application has been accepted, the planner will route to the Planning Review Committee and schedule the review meeting.

(c) Planning Review Committee Review and Comment. The Planning Review Committee consists of representatives from various Tribal departments who address design, development and Tribal plan, policy and zoning requirements.

(d) Staff Report. Upon completion of the Planning Review Committee, the Planning Department will analyze the proposed subdivision in terms of compliance with the Comprehensive Plan and all applicable codes and will identify findings and recommendations for the Executive Director.

(e) Decision. The plat may be administratively approved, approved with conditions, or denied by the Executive Director based on the decision criteria, findings of fact, and comments by the Planning Department and Planning Review Committee as appropriate, and any other necessary documents and approvals if needed.

(6) Approval Criteria. Minor subdivisions must meet the following general requirements in order to be approved:

(a) Conformance With Tulalip Tribes Comprehensive Plan and Zoning and Tulalip Utility Codes. No subdivision may be approved unless written findings of fact are made that the proposed subdivision or proposed minor subdivision is in conformity with the Tulalip Tribes Comprehensive Plan and this title.

(b) Lot Standards. All lots shall meet the site requirements of the zoning district in which they are located and shall be of sufficient size, dimension, design, and configuration so as to permit development of the lot without variance from the applicable zoning requirement.

(c) Survey Required. The survey of every proposed land division shall be made by or under the supervision of a registered land surveyor. Survey control points shall be referenced to section corners and monuments.

(d) Future Subdivision of Lots. Where the subdivision or minor subdivision will result in a lot one-half acre or larger in size which is likely to be further divided in the future, it may be required that the location of lot lines and other details of layout be such that future division may readily be made without violating the requirements of this section and without interfering with orderly extension and connection of adjacent streets.

(e) Tsunami, Flood, Inundation or Swamp Conditions. A proposed subdivision may be disapproved because of tsunami, flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. No plat shall be approved covering any land situated in an area prone to flooding without the prior written recommendation by the Natural Resources Department, with approval of the Board of Directors.

(7) Filing of Plat (Recordation). The applicant must record the original final plat within 30 days of approval with the Snohomish County Auditor, or if trust lands, the Bureau of Indian Affairs, the Planning Department and the Tribal Realty Office before the lots may be sold. Upon recording, the applicant shall provide the Planning Department with at least one reproducible copy and electronic equivalent of the recorded plat. No building permits or manufactured home setup permits shall be issued until the Department receives a copy of the recorded plat of the subject property.

(8) Appeal of Decision. The decision is the final decision for purposes of appeal. [Res. 2023-382].

7.20.050 Major subdivisions.

(1) Applicability. This section applies to all major subdivisions. Conservation and planned unit development subdivisions are specialized major subdivisions and will have different requirements. A major subdivision consists of all subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of five or more lots, or any size subdivision requiring the construction and dedication of any new street or extension of the local government facilities or the creation of any public improvements, or would otherwise be classified as a minor subdivision, but for the proposal is within an environmentally sensitive area. Major subdivisions include conservation subdivisions, planned unit developments (PUD), phased subdivisions and binding site plans as well as the resubdivision, amendment, or modification of a major subdivision, or series of related minor subdivisions on contiguous land that cumulatively amount to the creation of five or more lots. The Planning Commission holds a public hearing and recommends approval of the preliminary subdivision. Once preliminary approval is granted, the applicant can then proceed with the design, review and construction of improvements. The Board of Directors has approval authority for the final subdivision.

(2) Subdivision Process. The major subdivision process is summarized as follows:

(a) Pre-application meeting and concept design submittal.

(b) Submission of application for preliminary plat approval.

(i) Application and fees.

(ii) Acceptance of completed application.

(iii) Permit Review Committee review and comment.

(iv) Environmental and cultural impact determination.

(v) Publication of notice.

(vi) Planning staff report.

(3) Submittal Requirements. After conferring with the Planning Department on the concept plan, the applicant shall submit the completed application form, preliminary plat, and all required supplementary materials together with digital versions of the preliminary plat and fees to the Planning Department for consideration. This submission must include accurate and complete information.

(a) Subdivision Application Form. A clear and concise description of the proposed project as follows:

(i) Project name, size and location of site.

(ii) Land use permits required for proposed project.

(iii) Zoning designation of the site and adjacent properties.

(iv) Current use of the site and any existing improvements.

(v) Special site features (i.e., wetlands, water bodies, steep slopes).

(vi) Statement addressing soil type and drainage conditions.

(vii) Proposed number, net density and range of sizes (net lot area) of the new lots.

(viii) Access.

(ix) Proposed off-site improvements (i.e., installation of sidewalks, fire hydrants, sewer mains, etc.).

(x) Total estimated construction cost and estimated fair market value of the proposed project.

(xi) Estimated quantities and type of materials involved if any fill or excavation is proposed.

(xii) Number, type and size of any trees to be removed.

(xiii) Explanation of any land to be dedicated to the Tribes.

(xiv) Any proposed job shacks, sales trailers, and/or model homes.

(xv) Any proposed modifications being requested.

(b) Pre-application meeting summary.

(d) Current title report.

(e) A preliminary plat. The preliminary plat for major subdivision shall be included with accurate measurements and dimensions and easements identified. Based upon a complete survey, the preliminary plat must include the following information:

(i) The name and a general description of the proposed subdivision together with the words “Preliminary Plat,” including the location, number of lots, total acreage, average lot size (e.g., in square feet), and proposed uses.

(ii) Names, addresses and telephone numbers of the owners, designer, and engineer or surveyor, if any, and the date of the survey.

(iii) Numeric scale, graphic scale, true north point, and date of preparation.

(iv) Numbered designation for each proposed new parcel, with the lot dimensions, and identification numbers for all lots and tracts, and area labeled.

(v) The boundaries of the property, labeled with their dimensions, bearings and the legal description of the subdivision.

(vi) All existing property lines lying within the proposed subdivision which are to be vacated.

(vii) The degree (gradient) and direction of slopes on the site or a topographic contour map depicting two-foot contour intervals for ground slopes of less than 10 percent; depicting contour lines at five-foot vertical intervals for ground slopes exceeding 10 percent.

(viii) Labeled existing and proposed roads intended to provide access to the site, showing the centerline and width of the right-of-way and the traveled surface, the level of improvement (paved, gravel, unimproved), accurate description of straight and curved segments, whether public or private, and other public ways within or adjacent to the proposed subdivision.

(ix) Approximate location of all existing and proposed infrastructure on the subject property and within 25 feet of the subject property showing approximate locations of the following:

(A) Public and private utilities such as water and sewer lines, valves, fire hydrants, fire alarm boxes, natural gas and propane lines, electrical power and telecommunications facilities, wells and septic systems, culvert and drain, and water mains with pipe sizes, grades and direction of flow. If water mains and sewer mains are not on or abutting the site, indicate the direction and distance to the nearest mains.

(B) Site features, including existing structures, and pavement, fences and hedgerows. Any existing structures lying within the proposed subdivision. Existing structures to be removed shall be indicated by broken lines, and existing structures not to be removed shall be indicated by solid lines.

(D) Dedicated public open spaces and facilities and common or jointly owned areas, with a description of their intended purposes and use and the conditions of such dedication.

(E) Easements (ingress/egress/utility) and buffers, with a description of their intended purposes and use.

(F) The boundaries, dimensions, and area of public and common park and open space areas.

(G) The location of natural features, including surface water, natural drainage areas, ditches, rock outcrops, wooded areas, and topographic features.

(H) Environmentally sensitive areas, including any floodplains, areas subject to high water table, landslide areas, and areas having a high erosion potential and/or being sensitive lands, including wetland areas, streams, wildlife habitat, and other areas identified in this title and Chapter 8.20 TTC, Environmental Infractions, as requiring protection.

(I) Designated or known significant historic and cultural resources on the site and adjacent parcels or lots.

(J) Where any lot is proposed to be served by an on-site sewage disposal system, results of preliminary percolation tests for each such proposed lot, conducted under Indian Health Service (IHS) rules and regulations.

(K) Proposed perimeter landscaping.

(L) The location and size of any entrance signs.

(M) Other information, as deemed appropriate by the Planning Department.

(f) Vicinity Map. A vicinity map showing the site in context with an area up to one mile from the exterior boundaries of the project and specifically showing:

(i) Township, range, and section lines lying within or near the property.

(ii) Location and boundaries of the proposed subdivision with respect to surrounding property, streets and other major manmade and natural features.

(iii) Property lines and ownership information for all property within 100 feet of the perimeter of the proposed subdivision, if available.

(g) Supplemental Required Information.

(i) For proposed residential subdivisions, a table providing the following information for each distinct residential area:

(A) Proposed land use (i.e., single-family, duplex, multifamily).

(B) Number of dwelling units.

(D) Existing zoning designation.

(E) Proposed zoning designation.

(F) Approximate area of smallest lot.

(ii) Documented proof of an approved water source and fire protection in compliance with Tribal policies, codes and regulations.

(iii) Any proposed conditions, covenants, and restrictions (CCRs).

(iv) If applicable, the applicant shall be required at preliminary plat to submit to the Planning Department a declaration of any restrictive conditions, covenants, deed restrictions, and by-laws that, at a minimum, establish the following provisions:

(A) The establishment of a homeowners’ association responsible for the enforcement of the covenants and deed restrictions;

(B) Language establishing the common ownership of all on-site improvements not offered to any local or State agency for dedication to include, but not limited to, streets, drainage systems, open space, and community recreational facilities;

(C) A full set of by-laws requiring every owner within the development, and their successors, to make regular payments of adequate fees and assessments to the homeowners’ association for the purpose of supporting financially all improvements not formally offered for dedication;

(D) The establishment of a reserve fund to support the continued maintenance and upkeep of all identified common property;

(E) The establishment of regulations allowing for the increasing of the mandatory fees or assessments when necessary; and

(F) The establishment of the legal procedure for the transfer of the maintenance requirements for all common areas from the applicant to the homeowners’ association.

(v) Description and pro forma of proposed financing for development of public or commonly owned facilities; and a long-term maintenance plan for common areas, community facilities, easements, and rights-of-way of public and private roads.

(vi) Drawn descriptions of design and development improvements, or development limitations, or best management practices intended to:

(A) Address the standards of these laws and policies, codes, zoning, and development standards of the Tulalip Tribes; and

(B) Mitigate identified impacts to human health and safety, the environment, or cultural resources.

(vii) Other information, as deemed appropriate by the Planning Department, such as traffic study, biological and habitat assessment, and cultural resources survey report.

(viii) Phased Development. If phasing is proposed, a phasing plan must be submitted with the preliminary plat application. A phasing plan must show the phases of development and the requirements that will be satisfied in each phase.

(A) Each phase must contain at least five lots.

(B) The number of lots and amount of required open space (including neighborhood recreation areas) in each phase and any earlier phases must be at least proportional to the portion of the subdivision site area within the phase(s).

(C) The degree and extent of road, water supply, sewage disposal, stormwater management, erosion and sedimentation control, and other required improvements in each phase and any earlier phases, must be sufficient to serve or handle all development within the phase(s).

(D) The phasing plan must be approved with the preliminary plat, and prior to submitting any application for construction plat approval.

(4) Preliminary Plat Procedure.

(a) Preliminary plat review is a quasi-judicial process that involves initial review and hearing by the Planning Commission, which then makes a recommendation to the Board of Directors to approve, approve with conditions, or deny the application. Approval of the preliminary plat does not constitute or imply acceptance by the Board of Directors of any public improvement.

(b) Unless the applicant requests otherwise, a preliminary plat must be processed simultaneously with applications for accompanying rezones, variances, planned unit developments, conservation subdivisions, site plan approvals, phasing, and similar quasi-judicial or administrative actions.

(5) Pre-Application Meeting.

(a) The pre-application meeting is a nonbinding review of a development proposal intended to provide information to the applicant on the procedures and policies of the Tulalip Tribes and does not confer upon the applicant any development rights. Planning staff will invite appropriate Planning Review Committee staff to attend the meeting. Such a meeting may be used to expedite the review process by allowing the planning staff and the applicant to be advised of the following:

(i) The potential classification of the subdivision as minor or major;

(ii) The requirements related to cultural resources;

(iii) The possible involvement of other government agencies in the review process;

(iv) The determination of wetlands and floodplains; and

(v) Any site-specific issues.

(b) The following information is needed for the pre-application meeting submittal:

(i) A concept plan that depicts the existing and proposed property configuration, including all lot-line dimensions at a scale of not less than one inch equal to 100 feet.

(ii) A vicinity map showing the location of the development in relation to the larger community.

(iii) Developer/applicant name and contact information.

(6) Planning Department Review.

(a) Applications and Fees. Application and fees shall be submitted to the Planning Department prior to the meeting at which it is to be considered. The staff planner will serve as the point of contact for the community to answer development-related questions and to accept the application and submittal packet. The application shall contain all required items.

(i) For major subdivisions, the Planning Review Committee subdivision review and approval has three components:

(A) Concept plan;

(B) Preliminary plat; and

(ii) Each component is submitted to the Planning Review Committee for review and action (subdivision preliminary plats also require Planning Commission review and Board of Directors’ approval).

(d) Environmental and Cultural Impact Determination. If environmental or cultural resources are identified, a NEPA/environmental checklist may be required to be prepared by the applicant for review and determination by the designated environmental administrator responsible for making the threshold determination on whether or not an environmental/cultural assessment (E/CA) or environmental impact statement (EIS) will be required. Prior to further review, the designated administrator will issue either a finding of no significant impacts (FONSI), or a notice requiring the completion of an EIS or E/CA.

(e) Staff Report. Upon completion of the Permit Review Committee and environmental/cultural review and determination, staff will prepare a report analyzing the proposed subdivision in terms of compliance with the Comprehensive Plan and all applicable ordinances and will identify findings and recommendations. This staff report will be provided to members of the Planning Commission at least 10 calendar days prior to the date of the public hearing and will at the same time be available to the public for their review.

(7) Planning Commission Hearing and Recommendation. The Planning Commission may recommend approval, approval with conditions, or denial of a preliminary plat application. The Planning Commission’s recommendations shall be provided to the Board of Directors, in accordance with Tribal law, to be considered at the next regular Board of Directors meeting.

(8) Approval Criteria for Proposed Preliminary Plats.

(a) Preliminary plat review is a quasi-judicial process that involves initial review and hearing by the Planning Commission, which then makes a recommendation to the Board of Directors, in accordance with Chapter 7.06 TTC, Permit Processing. In making its recommendation, the Planning Commission shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication.

(b) In addition to the criteria for approval applicable to an individual application, all subdivisions must meet the following general requirements in order to be approved:

(i) Conformance With Tulalip Tribes Comprehensive Plan and Zoning and Utility Ordinance. No subdivision may be approved unless written findings of fact are made that the proposed major subdivision is in conformity with the Tulalip Tribes Comprehensive Plan, Zoning Ordinance and other adopted standards in term of the following issues:

(A) Environmental Review. No subdivision may be approved until the provisions of TTC 7.24.010, Environmentally sensitive lands, have been met.

(B) Cultural Resources Review. No subdivision may be approved until the provisions of TTC 7.24.020, Culturally sensitive lands, have been met.

(C) Lot Standards. All lots shall meet the site requirements of the zoning district in which they are located and shall be of sufficient size, dimension, design, and configuration so as to permit development of the lot without variance from the applicable zoning requirement.

(ii) Public Interest. No subdivision may be approved unless appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds. The decision shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions, and determine whether the public interest will be served by the subdivision and dedication.

(iii) Dedication. Dedication of land to any public body, and/or provision of public improvements to serve the subdivision, may be required as a condition of subdivision approval. Approval of the preliminary plat does not constitute or imply acceptance by the Board of Directors of any public way easement or other ground shown on the plat.

(iv) Design Principles. The proposed subdivision shall demonstrate compliance with the following design principles:

(A) The proposed design of the subdivision is adapted to fit the topographic and geographic characteristics of the site, rather than the site being extensively graded to fit the plan of the subdivision.

(B) Planted buffer strips are utilized to screen and protect water bodies and wetlands from residences and other manmade structures.

(C) On-site impervious surfaces are minimized in order to decrease flooding, to promote aquifer recharge, to allow for the natural absorption of pollutants into the ground and reduce the collection of vehicular pollutants.

(D) A maximum effort is made to preserve all on-site natural and cultural resources including floodplains, wetlands, and streams, as well as any unique natural features.

(E) The street system is appropriate to the physical factors of the site; it should follow the topographic contours of the site whenever possible.

(F) The street system is designed with regard for the convenience and safety of the residents, and when necessary for public convenience or safety, public nonmotorized access ways to connect to cul-de-sac streets, to pass through oddly shaped or unusually long blocks, or to provide for networks of public paths creating access to schools, parks, shopping centers, mass transportation stops, or other community services shall be provided and dedicated by the developer.

(G) No subdivision can landlock an adjacent land owner.

(v) Survey Required. The survey of every proposed land division shall be made by or under the supervision of a registered land surveyor. Survey control points shall be referenced to section corners and monuments.

(vi) Future Subdivision of Lots. Where the subdivision will result in a lot one-half acre or larger in size which is likely to be further divided in the future, it may be required that the location of lot lines and other details of layout be such that future division may readily be made without violating the requirements of this section and without interfering with orderly extension and connection of adjacent streets.

(vii) Tsunami, Flood, Inundation or Swamp Conditions. A proposed subdivision may be disapproved because of tsunami, flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. No plat shall be approved covering any land situated in a flood control zone without the prior written recommendation by the Natural Resources Department, with approval of the Board of Directors.

(viii) Water, Sewer, and Storm Drainage Systems. All lots created by a major subdivision shall be served by adequate public water, sanitary sewer, and storm drainage systems approved by the Public Works Division and meeting the design and construction requirements adopted by the Tribes. All public water, sanitary sewer, and storm drainage systems shall be placed underground in appropriate public easements or tracts and dedicated to the Tribes; provided, that those portions of stormwater systems that are required to be aboveground in order to function, i.e., stormwater ponds, drainage swales, and similar facilities, may be installed aboveground. Where a public street is to be dedicated or where a public street is widened or structurally altered by an applicant as a condition of land division approval, the applicant shall provide and dedicate any required storm drainage system.

(ix) Underground Utilities. All permanent utility service to lots shall be provided from underground facilities. The applicant shall be responsible for complying with the requirements of this section and shall make all necessary arrangements with the utility companies and any other persons or corporations affected by installation of such underground facilities in accordance with the laws, rules and regulations of the Tribes.

(x) Fire Protection. Subdivisions shall incorporate adequate capability for fire protection in accordance with sound engineering practices and adopted codes and development standards and shall be approved by the appropriate fire official.

(xi) Clearing and Grading. A preliminary clearing and grading plan shall meet adopted standards.

(xii) Phasing. If phasing is proposed, a phasing plan must be approved as part of the preliminary plat, and prior to submitting any application for construction plan approval. A phasing plan must show the phases of development and the requirements that will be satisfied in each phase.

(9) Board of Directors Review and Decision. The recommendations shall be subject to review pursuant to Chapter 7.06 TTC, Permit Processing. Only approval or disapproval is considered final for purposes of appeal.

(10) Effect of Approval. Approval of a preliminary plat and proposal shall not constitute approval of the final application but shall be a guide to the preparation of the final plat. Before submission of the final plat or any portion thereof for formal approval, the subdivider shall submit construction plans for approval that comply with this law and all requirements set forth by the Planning Commission in their review of the preliminary plat.

(11) Expiration of Preliminary Plats.

(a) For preliminary plats on projects that are not phased, or not to be developed sequentially, preliminary plat approval shall be effective for a period of 36 months from the date of approval. The preliminary plat shall lapse and become null and void if a final plat has not been submitted within a 36-month period. The Board of Directors may authorize an extension of 18 months of final plat submissions under special circumstances.

(b) For preliminary plats on projects that are phased, or that will be developed sequentially, the final plat for the first phase of the project shall be filed within 18 months of the approval date for the preliminary plat. The final plat for any subsequent phase shall be within 36 months of the date of the previous phase recorded. If the applicant fails to file a final plat, the preliminary plat for those phases shall become null and void.

(12) Preliminary Plat Amendment. The applicant may request changes to the approved preliminary plat or conditions of approval. The Planning Department shall determine whether the proposed changes are categorized as minor or major amendment. Requests for minor changes that do not constitute substantive changes or modification may be approved administratively without requiring an amendment to the preliminary plat. Substantive changes or modification, including but not limited to the layout and location of streets, lots, changes to the proposed uses of the various lots, and other similar changes that would result in a substantive change to the character of the subdivision, may result in the necessity to file an amended preliminary plat. Substantial modification of an approved plans or plats shall be a separate application and shall be reviewed in the same manner as an original proposal. The following are required to be in compliance:

(a) The applicant shall provide any changes to the preliminary plat in writing. The Planning Department shall determine that a major or minor modification(s) is required;

(b) Written intent to file a final plat within the one-year extension period;

(d) There have been no changes to the applicable code provisions on which the approval was based. If such changes have occurred, a new preliminary plat application shall be required;

(e) The procedures for pre-application, submission of an application, and subsequent review of it by the Planning Review Committee shall be identical to the procedures described in subsections (3), Submittal Requirements, (4), Preliminary Plat Procedure, and (5), Pre-Application Meeting, of this section.

(13) Construction Plan and As-Built Requirements. The standards and requirements established or referenced by this section are minimum requirements. These standards may be increased, and additional requirements may be imposed, for the purpose of preventing or abating public nuisances or mitigating identified adverse environmental impacts. Such additional requirements may include but shall not be limited to off-site improvements to any public facility, the dedication and/or improvement of parks and open spaces, and monetary contributions to any Tribal fund established to finance the provision of public services required by the subdivision.

(14) Planning Review Committee Review Required. The submittal requirements for subdivision public improvement plans are sent to the applicant after the Planning Review Committee meeting. The Planning Review Committee shall consider the following when developing the submittal checklist:

(a) Public Improvements. Where public improvements are required, plans for such improvements shall be submitted to the Planning Department. All construction plans shall be submitted for review and approval by the Planning Department. Public improvements shall be designed by or under the direct supervision of a licensed professional civil engineer. The engineer shall certify the plans by seal and signature. Such certification shall contain the following:

(i) Subdivision name;

(ii) Name, mailing address, and telephone number of engineer preparing the plan; and

(iii) Date, including month and year.

(b) Road System Standards. In the absence of adopted Tribal engineering and development standards, all roads will be evaluated by reviewing the Tulalip Tribes Transportation Plan and using “A Policy on Geometric Design of Highways and Streets,” commonly referred to as the Green Book, as minimum standards and guidance for evaluating roads.

(c) Minimum Improvement Requirements. Prior to final approval of a major subdivision, the following minimum improvements shall be constructed consistent with the approved plans:

(i) Drainage facilities and erosion control measures;

(ii) Water mains, services, and hydrant installed, operational, and fire flow available, if required;

(iii) Underground electrical and telecommunication improvements required for all public or private utilities and public illumination or traffic signal systems, if required;

(iv) Sewer facilities installed and operational, if required;

(v) All curbs and gutters installed in all streets within the subdivision;

(vi) All streets paved up to the final lift of pavement to all lots within the subdivision;

(vii) Street name signage installed;

(viii) Specific site improvements required by the preliminary plat approval, if the decision requires completion prior to plat recording;

(ix) Delineation of critical areas that are to remain undeveloped and protected by easement or placement in a separate tract;

(x) Temporary control monuments set by a land surveyor licensed in the State of Washington, located in conformance with this title, and in place prior to final approval of the subdivision. Permanent monuments and control points shall be set and verified by a land surveyor licensed in the State of Washington within 90 days of the final lift of pavement; and

(xi) Improvements without which the Director determines a safety hazard would exist.

(d) Right of Entry. The Tribes shall have right of entry onto any lot, tract, easement or parcel that is part of the preliminary plat.

(e) Transportation and Traffic Improvements. The Planning Department may require the applicant to pave or install additional improvements within rights-of-way, either abutting or not abutting the subject property. This may include traffic signals, channelizations, turn lanes, and other improvements necessary or appropriate to improve traffic circulation and safety, the need for which is directly attributable to development of the subject property. Where appropriate, the Public Works Director may permit the applicant to fulfill the applicant’s obligation under this section by paying to the Tribes the pro rata share of the costs of the required improvements attributable to development of the subject property, as determined by the Executive Director. The Tribes may also require the applicant to provide traffic studies and other data describing the traffic impacts of the proposed development, the need for improvements under this section, and the reasonable pro rata share of the costs of these improvements to be borne by the applicant. All traffic control devices and pavement markings shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) as published, from time to time, by the United States Department of Transportation.

(f) Exemptions. The Public Works Director may modify, defer or waive the requirements of this chapter only after consideration of a written request for the following reasons:

(i) The improvement as required would not be harmonious with existing street improvements, would not function properly or safely or would not be advantageous to the neighborhood or Tribes as a whole.

(ii) Unusual topographic or physical conditions preclude the construction of the improvements as required.

(iii) Proper vertical or horizontal alignments cannot be determined because the existing streets do not have correct alignments.

(iv) The required improvement is part of a larger project that has been scheduled for construction in the Tribes’ adopted Long-Range Transportation Plan and Transportation Improvement Plan.

(15) Pre-Construction Meeting. The Tribal Engineer, Planning Supervisor and other appropriate parties shall meet with the contractor responsible for the plat construction to review the approved preliminary plat, conditions, approved construction drawings, construction methods, and any other particulars prior to the beginning of construction.

(16) Inspections. The subdivider shall notify the Executive Director of Public Works at least 24 hours in advance of any inspection condition or required inspection.

(17) Responsibility of the Tribes to Provide Service. If the Tribal Engineer finds upon inspection that any of the improvements being installed and constructed, or upon completion, are not in accordance with the plans, specifications, or plat in the form in which they were approved, the responsibility of the Tribes to provide services and utilities shall cease.

(18) Standard Forms for Execution. The Planning Department shall prepare, adopt, and distribute standard forms as necessary for the execution of subdivision improvement agreements and submittal checklists, posting of bonds, title insurances, inspection fees, and other administrative procedures essential to the carrying out of this section.

(19) Street Signs. The subdivider shall place on deposit or arrange as part of any bond agreement, sufficient funds to cover the cost of purchase, delivery, and installation of all required street name signs. Such signs shall conform to the latest version of the Manual of Uniform Traffic Control Devices as published by the United States Department of Transportation.

(20) Assurance That Any Remaining Improvements Will Be Installed.

(a) Construction of improvements shall normally be complete prior to approving the final plat. However, the Tribes may approve the final plat with certain incomplete improvements if:

(i) Said improvements are more practically done later, such as the final lift of asphalt surfaces which might otherwise be marred by heavy equipment, or recreational equipment which might be vandalized if installed before the subdivision is populated, or street trees and other landscape and mitigation plantings which are better installed in a different season;

(ii) The applicant deposits a performance bond, with the Tribes as beneficiary, in an amount not less than 125 percent of the Executive Director of Public Works’ cost estimate for the remaining improvements in accordance with this section; and

(iii) Said bond specifies a period within which to complete the improvements, which period shall not exceed two years from the date of final plat approval.

(b) If phasing is proposed, the construction drawing must be consistent with the phasing plan approved with the preliminary plat, as provided in subsection (3) of this section, Submittal Requirements.

(21) As-Built Drawings. After completion of all public improvements and prior to final acceptance of said improvements, the applicant shall make or cause to be made as-built drawings that show the actual location of all valves, manholes, stubs, sewers and water mains and such other facilities as the Tribal Engineer shall require. One of these drawings shall be prepared on the original mylars and digital version of the construction plans, and a copy of prints shall also be provided, and both shall bear the signature and seal of a professional engineer registered in Washington. The presentation of the drawings shall be a condition of final acceptance of the improvements and release of the surety bond assuring their completion.

(22) Specifications of Major Subdivision Application and Final Plat Submittal.

(a) Four prints of the final plat shall be submitted showing the following information:

(i) Accurate property boundary lines, with dimensions and bearings or angular dimensions, which provide a land survey of the tract, closing with an error of not more than one foot in 10,000 feet.

(ii) Accurate references to controlling elements, giving the bearing to the nearest second and distances to one-hundredth of a foot.

(iii) Accurate locations of all existing and recorded streets intersecting the property boundaries of the tract.

(iv) Accurate legal description of the property boundaries.

(v) Street names and street right-of-way widths.

(vi) Complete curve notes for all curves of lots and roads including length, radius, and delta included in the plat.

(vii) Street center lines with accurate dimensions in feet and one-hundredths of feet with bearings or angular dimensions to street, alley and lot lines.

(viii) Lot numbers and lot line dimensions.

(ix) Block numbers, if used.

(x) Accurate dimensions for any property to be dedicated or reserved for public, semipublic or community use.

(xi) Location, type, material and size of all markers.

(xii) Name and street address of the owner and applicant.

(xiii) Name and street address of persons who prepared the plat and the date of preparation.

(xiv) North point, scale and date.

(xv) Certification of the accuracy of the plat by a registered land surveyor of Washington State.

(xvi) Location and width of easements for utilities.

(xvii) Certification by the utility companies that utility easements are properly placed for the installation of utilities.

(xviii) Space for certificates by a registered land surveyor to the effect that the plan represents a survey made or certified by the surveyor and that all the monuments shown thereon actually exist, and that their location, size and material are correctly shown.

(xix) Space for certificates of approval and review to be filled in by the signatures of the Chairperson and Secretary of the Board of Directors, Chairperson and Secretary of the Planning Commission, Public Works Executive Director, Tribal Engineer, and BIA Superintendent (for trust lands).

(b) Digital Version of Final Plat. The applicant shall submit a digital version of the final subdivision plat as part of the application process. Once the plat has been approved by the Board of Directors, a final copy of the digital version of the plat shall be submitted to the Tribes’ GIS Department. Said final digital copy shall be compatible with the Tulalip Tribes Geographic Information System and mapping system.

(i) Owner’s Statement. An acknowledged statement from the owner and the owner’s spouse, if any, that the subdivision as it appears on the plat is with their free consent and is in accordance with the desires of the proprietor and the proprietor’s spouse. This statement may include the dedication to the public.

(ii) Dedications. Dedication of streets and other public property, including perpetual easements for the installation, operation and maintenance of the Tribal Public Works Department.

(iii) Mortgage Holder’s or Lien Holder’s Statement. An acknowledged statement from mortgage holders or lien holders that the plat is prepared with their free consent and in accordance with their desire, as well as a release of mortgage for any areas dedicated to the public.

(iv) Title Report. A title report that shows the property is free of any encumbrances that would prevent subdivision.

(v) As-Built Public Improvement Plans. A complete set of as-built plans for all public improvements, meeting the Tribes’ specifications, must be submitted to the Tribal Engineer.

(vi) County Treasurer’s Certificate. If the property is in fee status, a certified statement from the County Treasurer that the land being platted is free from taxes.

(vii) Tribal Realty Office Certificate. A certified statement from the Tribal Realty Office approving the name or title of the subdivision as succinct and unique to the Tulalip Tribes.

(23) Final Plat Procedure.

(a) The final plat shall be approved by the Planning Department when the final plat meets the conditions of preliminary approval and approval criteria. If the Planning Department finds the final plat to be conforming, they shall prepare a report and forward a recommendation along with the plat and supplementary material to the Board of Directors for consideration.

(b) The final plat may be approved prior to the completion of the improvements required upon execution of a standard subdivision agreement between the subdivider and the Tribes.

(c) The Board of Directors shall take action pursuant to Chapter 7.18 TTC, Legislative Actions. If the Board of Directors affirmatively makes the above determinations, the Board of Directors’ Chairperson, the Planning Commission’s Chairperson, and the Executive Director of Public Works shall inscribe and execute the Board of Directors’ will on the face of the original mylar drawing of the final plat. If the Board of Directors withholds approval, it shall return the plat sheets and supplementary materials to the applicant and provide him with a statement of reasons for its decision and of the changes necessary to permit granting approval.

(24) Expiration of Final Plat. Upon approval of the final plat, the applicant shall have authorization to file the plat with the Snohomish County Auditor or BIA for trust lands and the Tribal Realty Office. An approved final plat that has not been filed in the appropriate records of Snohomish County or the Tribes within 30 days of its approval shall expire and be considered null and void.

(25) Approval Criteria for Proposed Final Plats. The proposed final plat bears the required certificates, guarantees and statements of approval, and:

(a) The facilities and improvements required to be provided have been completed and as-built accepted;

(b) The land surveyor certifies the plat as accurate;

(d) The plat meets the requirements of this chapter and other applicable laws.

(26) Filing of Plat. The subdivider shall file the original drawing of the final plat for recording with the Tribal Realty Office or Snohomish County Auditor within 30 days of approval, otherwise the plat shall be considered null and void. One original signed mylar and two paper copies of the recorded final plat shall be furnished to the Planning Department. [Res. 2023-382].

7.20.060 Guarantee of developer performance.

(1) Purpose. Provision for guarantee of performance requirements is to ensure timely, quality, and proper completion of construction of public improvements/infrastructure and the proper maintenance once completed.

(2) Development Agreement Required Prior to Construction. Following preliminary plat and construction plan approval, a completed development agreement shall be prepared and executed prior to any land disturbing activity or construction of any infrastructure within any development to which these laws are applicable. A draft development agreement shall be prepared by the Executive Director of Public Works. The draft agreement shall reference the design incorporated within the approved construction plans and shall be sufficient in form to ensure that proposed construction methods and materials meet or exceed minimum standards established by the Tribes. The draft development agreement shall be sent to the applicant for approval. Upon acceptance of the agreement by the applicant, the proposed development agreement shall be forwarded to the Board of Directors for approval. Infrastructure construction may begin upon approval of the agreement. If a subdivision performance bond has not already been provided as specified by this title, such a bond shall be provided at this time. If a Tribal member has made a good faith effort to acquire a bond, but is unable to, then the BOD may consider assurances other than bonds to meet the public interest for the subdivision improvements. These assurances may be described within the developer’s agreement.

(3) Improvement Guarantees, General. In order to ensure that the work will be completed in accordance with approved plans and specifications, all improvements proposed in conjunction with any subdivision must be covered by an adequate bond.

(4) Amount of Guarantee/Bond. The subdivider shall agree to make and install the improvements in accordance with the approved plans and specifications, and shall sign a development agreement, and post a bond in the amount equal to 125 percent of the cost of construction of the required public improvements. Good and sufficient surety shall include the types specified in subsection (5) of this section, Types of Guarantees/Bonds.

(5) Types of Guarantees/Bonds. The following list is not exhaustive. Additional types of bonds may be identified as part of the review process.

(a) A “site improvement bond,” also known as a “subdivision bond” or “plat bond,” is a set of bonds that are required by developers, builders or individual(s) to guarantee successful completion of subdivision work to a public entity.

(b) A “performance bond” is a surety bond issued by an insurance company or a bank to guarantee satisfactory completion of a project by a contractor.

(c) A “surety bond” is a promise to pay one party (the obligee) a certain amount if a second party (the principal) fails to meet some obligation, such as fulfilling the terms of a contract. The surety bond protects the obligee against losses resulting from the principal’s failure to meet the obligation.

(d) A “subdivision maintenance bond” is a maintenance bond (also known as a warranty bond) that guarantees for the public entity where the improvements were performed that the developer, builder, or individual(s) will solve all maintenance issues during the specified maintenance period, which is usually one or two years from completion/acceptance of the improvement. The maintenance period could be longer depending on the terms of the subdivision agreement. If the developer, builder, or individual(s) is unable to solve the maintenance issue or is not in business during the specified maintenance period, the maintenance bond provides the public entity where the improvements were performed with a remedy through the surety to fix the maintenance issues.

(e) A “landscape performance bond” is required when the project manager and the applicant agree that the landscaping is not completed but that a certificate of occupancy should be issued. A common situation occurs in the winter, when it is more difficult to complete landscaping. The bond is a guarantee that landscaping will be completed as soon as practicable.

(f) A “landscape maintenance bond” is required to ensure that landscaping on a new development will be maintained. The bonds usually have a term of two years. If the applicant fails to maintain the landscaping as described in the approved plans, the Tribes may demand that money be made available from the bond to pay for the cost of maintaining the landscaping.

(g) A “wetland performance bond” is required when the project manager and the applicant agree that the wetland protection is not completed but that a certificate of occupancy should be issued. The bond is a guarantee that the wetland will be completed as soon as practicable.

(h) A “wetland mitigation bond” is required to ensure that wetland maintenance on a new development will continue. The bonds usually have a term of three years from the date of permanent occupancy. If the applicant fails to maintain the wetland as described in the approved plans, the County may demand that money be made available from the bond to pay for the cost of restoring the wetland.

(i) “Indemnity insurance” is a contract by which one engages to save another from a legal consequence of the conduct of one of the parties, or of some other person. The subdivider shall furnish such insurance as is deemed necessary by the Tribes to indemnify and save harmless the Tribes from any and all liability arising out of the construction or installation of the required subdivision improvements. The insurance shall be of such duration as determined by the Tribes, but shall in no case be allowed to expire earlier than the effective period of any maintenance bond. A copy of the insurance policy shall remain at all times with the Planning Department.

(6) Release of Improvement Guarantees.

(a) After the work or improvements covered by a performance bond have been completed, the applicant may request the Tribes to release the bond.

(i) Notice to Tribal Engineer, Inspection and Report. Upon completion of all required improvements, the subdivider or developer shall notify the Tribal Engineer in writing of the completion of improvements. The Tribal Engineer shall inspect all improvements of which such notice has been given and, after consultation with other appropriate Tribal officials, shall send a detailed report, in writing, to the subdivider or developer indicating either approval, partial approval, or rejection of such improvements with a statement of any reasons for rejection.

(ii) Planning Department Action on Approval of Improvements. If the Tribal Engineer has approved the improvements, a copy of the report shall be filed with the Planning Department. The Planning Department shall approve all or some of the improvements on the basis of the report of the Tribal Engineer and shall notify the subdivider or developer in writing of its action not later than 21 days after receipt of the notice from the subdivider or developer.

(iii) Release of the Guarantees. If the applicant has complied with the performance bond agreement and this title, the Planning Department shall require the submittal of an appropriate maintenance bond pursuant to the development agreement. Upon receipt of the maintenance bond, and the approved Tribal Engineer report, the Planning Department shall release the performance bond.

(b) Upon completion of the terms of the maintenance agreement, the applicant can request the release of the maintenance bond following the provisions for release of improvement guarantees. [Res. 2023-382].

7.20.070 Government planned unit development.

(1) Purpose. To provide for small- and large-scale governmental housing development, incorporating a single type or a variety of housing types and related or compatible uses which are planned and developed as a unit. Government planned unit developments (PUDs) may consist of individual lots or may have a common building site.

(2) Subdivision Requirement. Government PUDs shall be approved according to TTC 7.20.050, Major subdivisions.

(3) Applicability. Government PUDs may be approved in: low density residential (R-10 and R-5), medium density residential (MR), and urban mixed (UM) zones. Flexibility in lot coverage of buildings, yards and building setbacks, space between buildings, and height restrictions may be applied in government PUDs through the Type V permit process.

(4) Open Space. Open space requirements for PUDs shall be determined by zone.

(a) Seventy-five percent open or community space shall be established in R-10 zones.

(b) Fifty percent open or community space shall be established in R-5 zones.

(d) Areas of open space or community recreational facilities for PUDs shall not be developed for any other use.

(5) Density. Densities for government PUDs shall be calculated as an average density over the development area. Where sewer is not available PUD densities shall not exceed two dwelling units per acre in any zone. Where sewer and public water are available the PUD density can be increased from TTC 7.12.010, Density, through the Type V permit process based on site limitations and utility infrastructure capacity.

(6) Minimum Size Tract. The minimum size tract for a government PUD must be five acres. No minimum size tract requirement for multifamily PUDs.

(7) Additional Permitted Uses. Multifamily dwellings, including apartments, townhomes, and condominiums, are permitted uses within government PUDs.

(8) Additional Conditional Uses. Neighborhood-scale retail establishments are conditional uses within government PUDs. [Res. 2023-382].

7.20.080 Binding site plans.

(1) Purpose. Binding site plans are the combined documents of general and specific binding site plans, and processes and requirements thereof. Where appropriate, the term may also refer to the land to be divided. Binding site plans are intended to provide flexibility for the following:

(a) Land divisions into lots zoned for industrial or commercial use;

(b) Land divisions for the purpose of creating lease spaces in a mobile home park or RV park when no other residential structures are permitted; and