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A. Binding site plans are a Type 2 permit under Chapter 14.20 SMC. They are an alternative to the subdivision procedures set forth in this chapter for the following divisions of land:

1. Division of commercially or industrially designated land; and

2. Divisions of land into lots or tracts as provided for in RCW 58.17.040(7).

B. Application and Approval Procedures.

1. The binding site plan application shall include, at a minimum, the following:

a. A title certificate;

b. The required fees related to the review of the binding site plan;

c. If the property is within the NE Sewer Area, an affirmation of the obligation of the property owners binding the properties to the payment of all present or future charges for the Cemetery Creek Special Project, and a preliminary description of developer proposed sewer extensions and capacity improvements; and

d. Submittal materials listed in SMC 14.20.060(C).

2. Binding site plans may only be approved by the Planning Director if, at a minimum, all of the following criteria are met:

a. The requirements of RCW 58.17.035 are met as well as those of RCW 58.17.040(4), (5), and (7) as applicable to the specific project;

b. The requirements in SMC 15.04.047 are satisfied if the property is in the NE Sewer Area;

c. The proposal is found consistent with the Comprehensive Plan;

d. Appropriate provisions are made for protecting the public health, safety, and general welfare;

e. No nonconforming lot or structure shall be created nor shall the intensity of an existing nonconformance be increased; and

f. Lots that do not qualify as a building site pursuant to this title shall not be created.

3. In the event that the Planning Director determines that the criteria set forth in subsection (A)(2) of this section are not met, the Planning Director may approve the binding site plan with conditions which, if complied with, will cause the plan to meet the criteria.

4. The signature on the record of survey of the binding site plan by the City Engineer and City Planner shall serve as approval of the binding site plan.

C. Recording – Binding Effect.

1. All binding site plans, after approval, shall be recorded with the County Auditor’s Office with a record of survey.

2. The record of survey shall include, at a minimum, the following information:

a. The name of the binding site plan;

b. Legal description of existing lots;

c. The date, north arrow and appropriate engineering scale as approved by the Planning Director;

d. 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;

e. 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;

f. Number of each lot consecutively;

g. Reference to covenants and special restrictions either to be filed separately or on the face of the binding site plan;

h. Location, dimensions and purpose of any easements, noting if the easements are private or public;

i. Location, physical description, and date visited of monuments and all lot corners set and found;

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

k. 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;

l. A dedicatory statement acknowledging public and private dedications and grants;

m. Parking and general vehicle circulation areas when required;

n. Other restrictions and requirements as deemed necessary by the City;

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

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. If the project is a condominium, 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.

3. Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record.

4. All provisions, conditions, and requirements of the binding site plan shall be shown on the face of the record of survey or in attachments recorded with the record of survey and shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan.

D. Alteration or Vacation of Binding Site Plans.

1. The Planning Director may allow for modifications to binding site plans, upon application, only if the modification is minor in nature and the original intent of the recorded binding site plan is not changed and if the modification does not impact the public health, safety, or welfare, nor does it adversely impact the environment or the delivery of services to the site. The proposed modification must be clearly shown on a revised map and be accompanied by a letter of explanation of the proposed modification. Upon administrative approval of such modification, the modification(s) shall become part of the binding site plan and recorded with the County Auditor as applicable. If, in the opinion of the Director, the modification constitutes more than a minor modification, the proposal shall be processed as a new binding site plan.

2. The Planning Director may allow for vacation of an entire binding site plan, upon application, if no permits have been issued. Vacations of this type may be done as a whole only. Vacating a binding site plan releases all conditions and obligations on the parcel associated with such plan. A binding site plan may be vacated with the submission of a letter of intent to vacate with the City of Snohomish Planning Department. The applicant is subject to payment of all outstanding fees for City permit review at the time of vacation submittal.

3. After issuance of any building or site development permits, the vacation of all or part of a binding site plan shall be accomplished by following the same process and applying the same criteria as for an initial application for binding site plan approval. Any vacated portion of a binding site plan shall be considered to be one lot, unless divided by an approved subdivision or short subdivision.

E. Violation.

1. Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to a binding site plan that does not conform to the requirements of the binding site plan or without binding site plan approval, shall be considered a violation of the Snohomish Municipal Code and Chapter 58.17 RCW, and may be restrained by injunctive action.

2. Compliance with the requirements of this code shall be mandatory. The general penalties and remedies established in Chapters 1.14 and 14.85 SMC for such violations shall apply to any violation of this code. The enforcement actions authorized under this code shall be supplemental to those general penalties and remedies of Chapters 1.14 and 14.85 SMC. (Ord. 2385, 2020)