22.68.070 Binding site plans.
A. Purpose. The purposes of this chapter are to:
1. Provide a method for division of land for commercial and industrial zoned property, or condominiums;
2. Allow the zoning administrator to authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan.
B. Applicability. The following proposed divisions of land shall be governed by the provisions of this section:
C. Application. An application for a binding site plan shall include:
1. All information required for a preliminary plat;
2. The location of all proposed structures;
3. A detailed site plan meeting the requirements of Chapter 22.58 MMC, Site Plan Review;
4. Inscriptions or attachments setting forth the limitations and conditions of development;
5. Provisions ensuring the development will be in conformance with the site plan;
6. Other pertinent information requested by the zoning administrator or public works director.
D. Standards. Binding site plans shall use the same standards identified in MMC 22.68.040(B).
E. Review and Decision.
1. Binding site plans shall be reviewed in accordance with the process set out in Chapter 22.84 MMC, Permit Processing, for Type III permit applications. Final binding site plan permits shall be reviewed in accordance with the process set out in Chapter 22.84 MMC, Permit Processing, for Type I permit applications.
2. The proposed binding site plan shall be reviewed according to the criteria set forth in Chapter 22.58 MMC, Site Plan Review, and applicable codes and regulations set forth in this title. The decision shall be consistent with the zoning, subdivision, building or other applicable city ordinances, state and federal law, and the criteria set forth in this section.
3. All development shall be in conformity with the approved binding site plan and any existing or subsequent applicable permit approval. Each binding site plan document shall reference the requirement for compliance with any existing or subsequent permit approval.
4. Final approval must be acquired within five years of preliminary approval, after which time the preliminary binding site plan approval is void. The decision-maker may grant an extension for one year if the applicant has attempted in good faith to submit the final binding site plan within the five-year time period; provided, however, the applicant must file a written request with the original decision-maker requesting the extension at least thirty days before expiration of the five-year period.
F. After preliminary approval of the binding site plan, the developer shall submit construction drawings consistent with MMC 22.68.040(C), Site Improvements, and apply for a final binding site plan permit consistent with MMC 22.68.040(D), Final Subdivision Process for Preliminary Subdivision and Short Subdivision.
G. The final binding site plan shall be recorded with the Snohomish County’s auditor’s office within ninety days of approval. Upon recording, the site plan shall be binding on the owner and the owner’s heirs, successors and assigns.
H. Prior to the issuance of any building permit for construction upon land subject to an approved final binding site plan, that portion of the land for which the building permit is sought must be legally described.
I. All provisions, conditions, and requirements of the binding site plan 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.
J. Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan, that does not conform to the requirements of the binding site plan or without binding site plan approval, shall be considered a violation of Chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW.
K. Amendment of a recorded binding site improvement plan shall be accomplished by following the same process as required for a new application, as set forth in this section.
L. Alterations to recorded binding site plans shall be accomplished by following the same process and criteria as MMC 22.68.040(F), Subdivision Alterations.
M. Modifications to approved preliminary binding site plans shall be accomplished by following the same process and criteria as MMC 22.68.040(G), Preliminary Subdivision Alterations. (Ord. 005/2019 § 10 (Exh. B))