Sammamish City Zoning Code

21.02 Neighborhood

Design

FROM THE CITY’S COMPREHENSIVE PLAN GOALS:

Sammamish is a vibrant bedroom community blessed with a well-preserved natural environment, a family-friendly, kid-safe culture, and unrivaled connectedness.

From its expanding tree canopy, to its peaceful neighborhoods, to its multi-modal transportation resources, Sammamish captures the best of the past even as it embraces a burgeoning digital future and meets housing affordability through balanced, sustainable housing.

It is a state-of-the art community—engaged, responsive, and generous in its support for the full range of human endeavor.

21.02.010 Purpose, Intent, Applicability

A. Purpose and Intent. The intent of this section is to provide design standards for residential neighborhoods. These design standards apply to subdivisions, binding site plans, and short subdivisions in the R-1 through R-18 Zoning Districts. The design principles and standards are specifically intended to implement the City’s Comprehensive Plan and vision statement.

Neighborhood is defined as the block in which the subject property is located and the area of influence around the residence. For areas of the community that do not have an established block pattern, the neighborhood may be considered an area framed by arterial or collector streets, topographic or other natural features, or typified by one or more common characteristics. The nature of a neighborhood is often determined by the patterns shared between the houses and other structures that formed that neighborhood. These patterns or characteristics include similarities in mass, scale, complexity of form, topography, relationship to the street and to each other.

B. Applicability. The neighborhood design standards apply to all subdivisions, short-plats, and binding site plans in the Residential Zones (R-Zones). In limited instances standards apply to development on lots existing prior to December 31, 2021. The zoning map below identifies the R- Zones where the neighborhood design standards apply. If there is a discrepancy between the map below and the official zoning map the official zoning map shall apply.

C. Design Intent. The intent of the Design Principles is to guide future development as closely as possible towards the stated vision of Sammamish as defined in its Comprehensive Plan. Design as defined for this section is a broad term that includes the project layout, utilities, streets and pathways, landscape, and building design.

FROM THE CITY’S COMPREHENSIVE PLAN GOALS:

Goal EC.4
Protect and promote a diversity of plant, pollinator, and animal species habitat in Sammamish.

Goal EC.10
Maintain and improve the City’s forested character.

(Ord. O2021-540 § 2 (Att. A))

21.02.020 Design Principles

The design principles illustrate the intent of the design standards and inform project design, particularly during the early stages. The application of the design principles will depend on the characteristics of the site and surrounding context. Applicants will be required to demonstrate how they have incorporated the design principles into their project but are not a basis for decision-making. The design standards in SMC 21.02.030 are used to review projects and determine compliance with this Chapter.

A. Preserving Ecological Functions of the Land. Sammamish cares about preserving the ecological function of its land, especially as the City becomes built out and infill projects become more impactful to the character of the neighborhood. Therefore:

1. Site planning should retain the form of the land and the major vegetation to the extent possible, fitting development into its natural context rather than reshaping the land for ease of development.

2. Tree retention is a priority, making sure that trees will remain healthy in the long term by saving groups of trees and leaving undisturbed areas to protect roots.

3. Sustainable solutions for stormwater should be part of all new development, paying careful attention to hydrologic systems and limiting impervious surface.

4. Stormwater facilities that will be visible from public and private spaces should be designed as community amenities.

5. Distinct natural features should be highlighted and retained in the site design.

B. Maintaining a Green Northwest Character. Sammamish cares about keeping their green Northwest character that makes it an attractive place to live. Therefore:

1. Well-landscaped areas should line arterials, with native drought-tolerant plants selected for an ability to provide year-round screening between buildings and traffic.

2. Landscape along residential streets should reflect the Northwest character and be designed for a pleasant streetscape over time.

3. Grade cuts should be limited so that tall walls are not necessary and when required are subtly integrated into the site design.

4. Fencing should be integrated into landscaping rather than standing alone as separation from streets and arterials.

5. Homes should be designed to respect the public interface along the street, with limited frontage devoted to garage entries and massing that avoids the feeling of a wall along the street.

C. A Well-Connected Community. Sammamish cares about being a well-connected community, where walking and cycling are pleasant and safe. Therefore:

1. New development should improve connections for people walking and biking, with sidewalks and trails, and with consideration of existing and future networks where people can access public amenities such as parks, playgrounds, and transit.

2. Neighborhood streets should be designed to encourage low vehicle speeds, and where appropriate with low volumes of traffic, streets can be shared by people walking, cycling, and driving slowly.

D. Family-Friendly Neighborhoods with Amenities for All Ages. Sammamish values its family-friendly neighborhoods, with amenities that people of all ages and abilities can enjoy. Therefore:

1. Neighborhoods should include places to spend time, with play areas and benches.

2. Open spaces should be accessible, connected, and include a variety of active and passive recreation opportunities. (Ord. O2021-540 § 2 (Att. A))

21.02.030 Neighborhood Design Standards

1. Design Intent. Sammamish values its well-preserved natural environment and aspires to expand its tree canopy as it balances future development. Natural features, including topography, hydrology, and habitat shall be respected with new development, minimizing impacts and improving environmental function where possible.

a. Nature Features Context. In order to fit development into its context, the various elements of context must be understood. For natural features, that means understanding significant topography, hydrology, and habitat corridors on and beyond the site itself.

b. Nature Features. Natural features such as wooded stands, topographic features, or wetlands should be integrated into development as assets to the full extent possible, for environmental reasons and to highlight the unique character of each site.

c. Hillside Development. Development on hillsides should minimize clearing and grading instead buildings and streets must be designed to fit the slope rather than using extensive grading and vegetation removal for ease of construction.

d. Forested Areas and Habitat. Remaining forested areas in Sammamish are important to the character and ecosystem of the City. Development is expected to prioritize retention of forested areas to the extent possible, in a manner that will support the long-term health of the trees.

e. Residential Development. For residential development, there shall be a minimum of one tree per 50 feet of lot frontage. Trees must be planted within 15 feet of the front property line. Deciduous trees shall have a minimum caliper of 1.75 inches and a height of 10 feet; and coniferous and broadleaf evergreens shall be at least 10 feet in height.

FROM THE CITY’S COMPREHENSIVE PLAN GOALS:

Goal P.1 Provide a network of parks, trails, athletic fields, and open spaces that delivers a variety of active and passive recreational opportunities to the Sammamish community.

Goal EC.1 Serve as a leader in environmental stewardship of the natural environment for current and future generations.

1. Design Intent. Open space serves a variety of needs including environmental sustainability, and passive and active recreation. The design intent for open space and recreation is to prioritize protection of significant environmental features, and to distribute leisure and recreational opportunities so they are available to all neighborhoods.

2. Context. Sammamish’s goal of a network of open spaces, parks, and trails is the context for new development. The size, type, and location of open spaces should be considered as part of the City’s broader open space system . This system should provide future residents with local open space and recreation assets, while also connecting them to citywide open space and recreational assets. Open space opportunities will be determined in part by the context of the site and surrounding area. Applicants must analyze the site and neighborhood context that is summarized as part of an application to provide open space that is counted towards the net developable area for the site. Examples of site and neighborhood context that shall be considered are:

•mature forest that could be preserved.

•an adjacent trail system where a connection is possible.

•protection of a wildlife habitat corridor on-site.

•the presence of soils appropriate for small-scale agriculture.

•protection of landslide hazard areas.

•the need for additional recreation space to serve the development.

3. Calculation of Density and Public Benefit. Open space proposed beyond the on-site recreation space required in SMC 21.02.030.I must provide a clear public benefit to be counted towards the project density and approved by the City. Open space that is not counted towards the project density is exempt from this section. Adverse impacts will also be considered in determining compliance with these standards such as views from arterial streets, compatibility with adjacent development, connectivity, and other potential impacts. To be considered for public benefit, projects must use design methods for providing additional open space as outlined below. Alternatives may be proposed that are consistent with the intent of this section, as approved by the City.

a. Design Intent. The design intent is to dedicate open space in alignment with Sammamish’s goals and maximize opportunities of each site. For example, open space should be dedicated to preserving significant stands of healthy woodland where possible, providing space for green stormwater infrastructure, or connecting trails. In some developments, localized park or recreation space may be appropriate, or opportunities may arise for other amenities such as benches, viewpoints, or play areas.

i. Open space should be integrated throughout the development to provide benefits for homesite design, such as increased buffers with native forest and vegetation.

ii. Integrate trail systems and other non-motorized connections within open space areas to increase connectivity where feasible.

iii. Integrate green infrastructure using low-impact development techniques into the design of open space areas.

a. Design Intent. The design intent is to allow for larger open space tracts where there are clear public benefits, such as preserving wildlife habitat corridors, extending natural features with off-site connections, preserving mature forest and native vegetation, trail connections, and passive open space opportunities.

i. Open space tracts should not be provided for the purposes of reducing development costs, in cases where they prohibit necessary street or non-motorized connections, or where a clear public benefit is lacking.

ii. Open space tracts should be provided on lands that have existing mature forest and native vegetation.

iii. Open space tracts must be accessible as passive open space unless determined to be infeasible, unsafe, or a disturbance to a wildlife corridor or salmonid-bearing stream in a ravine.

a. Design Intent. To integrate buffers into the design of neighborhoods and homesites that contribute positively to the character of Sammamish for all developments.

i. Buffers should maximize the preservation of mature forest and native vegetation when determining the appropriate locations.

ii. Where there is no mature vegetation, buffers should be landscaped with substantial drought-tolerant native vegetation that will provide a year-round screen between traffic and homes. Pedestrian trails are allowed in buffers.

iii. Buffers should provide benefits to individual homesites such as increased privacy, shading, minimized noise impacts, improved mobility for non-motorized travel, and improved aesthetics.

a. Design Intent. To maximize opportunities for recreation and trails, enhance neighborhood connectivity and expand access to recreation land and facilities.

i. Proposed trails must be designed to connect to adjacent properties where opportunities exist now or in the future and must be publicly accessible at all times. Connections should be consistent with the City’s Trails, Bikeways & Paths Plan unless an alternative is approved by the City. Trail corridors shall be consistent with the requirements in SMC 21.06.020.F.1 through SMC 21.06.020.F.3.

ii. Recreation areas must be accessible and provide passive or active recreational opportunities. Recreation areas must be consistent with standards in SMC 21.02.030.I through SMC 21.02.030.M.

iii. Trails must be designed to be compatible with adjacent development, including providing safe and convenient trail access along the route.

iv. Trails must be designed in accordance with Public Works Standards . Ownership and management of trails may be taken over by the City at their discretion.

1. Design Intent. Layout of lots and sites creates long-term development patterns for the City and should strengthen the mutual relationship between housing units, roads, open space and pedestrian amenities for parcel and site layout that protect the privacy of individuals while creating pedestrian-oriented environments, and environmental stewardship.

a. Design parcels and sites to minimize the need for clearing and grading, and to preserve mature forest and native vegetation where feasible.

b. The size, dimensions, and orientation of parcels must accommodate development that meets site design standards such as the Floor to Area (FAR) ratio, driveway width standards, parking design and location standards, and landscape frontage requirements.

c. Through lots with two street frontages are prohibited (unless in cases of hardship or provisions of ADUs). Alleys and open spaces are not considered a street frontage.

d. All lots located within the R-1, R-4, and R-6 zoning districts created under SMC 21.02.060 must abut a public or private street and shall be orientated so that the average street frontage or average front yard width of each lot created equals the minimum lot width requirements pursuant to subsection C. of SMC 21.04.030 with no individual lot having a street frontage or front yard abutting the street of less than 20 feet.

D. Lot Segregations—Zero Lot Line Development. In any R zone or in the NB zone on property designated commercial outside of center in the urban area, rear yard and side yard setbacks may be modified during subdivision or short subdivision review as follows:

1. If a building is proposed to be located within a normally required rear yard or side yard setback in the NB zone:

a. An easement shall be provided on the abutting lot of the subdivision that is wide enough to ensure a 10-foot separation between the walls of structures on adjoining lots, except as provided for common wall construction;

b. The easement area shall be free of permanent structures and other obstructions that would prevent normal repair and maintenance of the structure’s exterior;

c. Buildings utilizing reduced setbacks shall not have doors that open directly onto the private yard areas of abutting property. Windows in such buildings shall not be oriented toward such private yard areas unless they consist of materials such as glass block, textured glass, or other opaque materials, and shall not be capable of being opened, except for clerestory-style windows or skylights; and

d. The final plat or short plat shall show the approximate location of buildings proposed to be placed in a standard setback area.

2. If a building is proposed to be located within a normally required rear yard or side yard setback in an R zone:

a. The residential development must qualify for the attached housing incentive provided in SMC 21.03.030.D;

b. An easement shall be provided on the abutting lot of the subdivision that is wide enough to ensure a 10-foot separation between the walls of structures on adjoining lots, except as provided for common wall construction;

c. The easement area shall be free of permanent structures and other obstructions that would prevent normal repair and maintenance of the structure’s exterior;

d. Buildings utilizing reduced setbacks shall not have doors that open directly onto the private yard areas of abutting property. Windows in such buildings shall not be oriented toward such private yard areas unless they consist of materials such as glass block, textured glass, or other opaque materials, and shall not be capable of being opened, except for clerestory-style windows or skylights; and

e. The final plat or short plat shall show the approximate location of buildings proposed to be placed in a standard setback area.

E. Repealed.

1. Design Intent. The design intent of parking is to right-size the total amount of parking provided through neighborhood design, including on- and off-street parking. Design on-street parking to be compatible with adjacent development, pedestrian-oriented, and not oversized for anticipated traffic and parking volumes.

2. Parking Program Analysis. All development applications subject to the Neighborhood Design Standards must provide a parking analysis showing the location and amount of on- and off-street parking proposed, including the number of stalls provided per dwelling unit. All parking, including in garages, must be factored into the parking program analysis.

a. On-street parking stalls be right sized and not exceed 100 percent of the off-street parking requirement within the neighborhood, unless waived by the City upon determination that additional parking is warranted based on information submitted by the applicant for a neighborhood-specific analysis.

b. Where uninterrupted parallel on-street parking is not warranted by the parking program analysis, provide bulb outs with landscaping and street trees between parking pockets.

c. Design off-street parking to minimize aesthetic impacts on the street frontage such as setting the parking back behind the face of the building, utilizing alleys, landscaping buffers, and narrow single-lane driveway widths.

1. Design Intent. People experience Sammamish through traveling along the city’s arterials. Development alongside these arterials is expected to retain or replant edges that keep or improve the character of Sammamish as a community in harmony with its natural setting. Edge buffers also benefit residents of homes along arterials.

3. Arterial Frontages Types. Arterial frontage standards apply to sites that front on an arterial the R- Districts. The following arterial frontage types are permitted along designated arterial streets shown in the map above including major arterials, minor arterials, and collectors. All applicable development must incorporate one or more of the permitted frontage types on designated arterial streets. Development that is more than 100’ from the edge of the arterial street public right-of-way is not subject to the arterial buffer standards. The minimum buffer for subdivisions, short subdivisions, and binding site plans on sites without mature forest along the arterial is the landscape frontage. The buffer standards may be modified on projects less than 5 net developable acres where application of the standards would reduce the project density as determined by the City based on information submitted by the applicant. Net developable acres exclude critical areas and buffers, no disturbance areas, and other portions of the site that are restricted from development. Net developable acres include all developable portions of the site including areas for streets, stormwater infrastructure, open space, and recreation space. The buffer area shall count towards the project density as provided in Section 21.04.030.H even if it is provided in a separate open space tract. If the 100’ distance needs to be expanded to accommodate the frontage type and it meets the intent of this section, the additional land also counts toward the net density and project density.

Undeveloped lots existing prior to December 31, 2021 with frontage along an arterial street must use the Front arterial frontage type unless the principal building is located more than 100’ from the arterial street. Sloped sites may also incorporate the Retaining Wall frontage to accommodate sloped sites, in accordance with the standards below. Lots that are developed as of December 31, 2021 and become non-conforming due to these standards may be redeveloped or modified in accordance with SMC 21.09.130.

a. Forest. Forest is the required frontage type on sites that have mature trees and native vegetation that can be preserved. The forest buffer shall be a minimum of 100’ or the depth of the mature forest from the arterial street right-of-way, whichever is less. The minimum forest buffer is 50’. If the arterial frontage is deforested, then reforestation is also an option consistent with the City of Sammamish’s Urban Forest Management Plan. Applicants must submit a reforestation plan by a certified arborist or other qualified expert for review and approval by the City.

b. Stormwater/Green Infrastructure. The stormwater/green infrastructure frontage type must have a minimum depth of 100’ and be designed for both stormwater functions and as an open space amenity using native vegetation and the incorporation of natural habitat features. The diagram below shows a stormwater pond fronting on an arterial street with street trees, natural fencing, and native vegetation which serves as a visual and physical amenity.

c. Front-Facing. For parcels or sites existing prior to December 31, 2021, the only permitted arterial frontage type is Front if the home is within 100’ feet of the arterial street public right-of-way. Vehicle access must be from a non-arterial street unless determined infeasible by the City. The rear or side of a home is not permitted within 100’ from the edge of the arterial street public right-of-way. If the home is separated from the arterial using the landscape frontage type, then homes are exempt from the requirement to use the Front-facing frontage type.

d. Landscape. The landscape arterial frontage type is appropriate on sites that do not have a forest condition with existing mature trees and native vegetation. The landscape arterial frontage must be a minimum of 25’ in the R-1 through R-8 zones and 10’ in the R-12 and R-18 zones. Landscaping must screen the development on the remainder of the site within the first three years by using native vegetation for Type I landscaping. Landscape arterial frontage plans must be prepared by a licensed landscape architect in the State of Washington.

e. Open Space. Open space with natural landscape features can provide for a variety of functions including for wildlife habitat, active and passive recreation, trails, and can be integrated with stormwater and green infrastructure. The Open Space arterial frontage may be used to satisfy the requirements for on-site recreation requirements in SMC 21.02.030.M or be dedicated to the City for parks or open space at the City’s discretion. The Open Space arterial frontage must be a minimum depth of 100’.

f. Retaining Wall. On parcels and sites existing prior to December 31, 2021, the use a retaining wall may be an appropriate design on sloped sites. Retaining walls are limited to four feet in height, and the front of the house or unit must face the arterial street if within 100’ from the public right-of-way. Vehicle access must be taken from a non-arterial street unless determined to be infeasible by the City. This frontage type does not apply to subdivision applications and is only for lots existing prior to the adoption of arterial frontage standards.

H. Adequacy of Public Facilities and Services. [Reserved]

1. All single-family, multifamily and townhouse developments of more than four units, and mixed use developments of more than four units, shall provide recreation space excluding environmentally sensitive areas as defined by SMC 21.03.020 for leisure, play or sport activities as follows:

a. Residential developments at a density of eight units or less per acre: 390 square feet per unit;

b. Attached residential developments at a density of greater than eight units per acre, and mixed use:

i. Studio and one bedroom: 90 square feet per unit;

ii. Two bedroom: 130 square feet per unit; and

iii. Three or more bedroom: 170 square feet per unit.

2. Any recreation space located outdoors shall:

a. Be of a grade and surface suitable for recreation;

b. Be on the site of the proposed development;

c. Have no dimensions less than 20 feet (except trail segments);

d. When the required open space is less than 5,000 square feet, the required open space shall be located in a single area or tract;

e. When the required open space exceeds 5,000 square feet:

i. The space shall have a street roadway or parking area frontage along 10 percent or more of the recreation space perimeter (except trail segments);

ii. A minimum of 60 percent of the required open space shall be located in a single area or tract;

iii. At least one area or tract shall contain a minimum of 5,000 square feet;

f. Be accessible and convenient to all residents within the development; and

g. Be accessible by trail or walkway to any existing or planned community park, public open space or trail system, which may be located on adjoining property.

3. Indoor recreation areas may be credited towards the total recreation space requirement, when the City determines that such areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multi-purpose entertainment and education areas.

4. Stormwater runoff tracts may be credited for up to 100 percent of the on-site recreation space requirement, subject to the following criteria, which are intended to create ponds that are more natural in shape and appearance; provide opportunities for passive or active recreation, wildlife viewing and educational opportunities; or to create more visual interest:

a. The stormwater runoff tract is dedicated or reserved as a part of a recreation space tract;

b. To earn a 50 percent credit towards the on-site recreation space requirement, the detention pond shall be constructed to meet the following conditions:

i. Side slopes shall not exceed 33 percent unless they are existing, natural, or covered with vegetation and meet the design criteria in the Surface Water Design Manual for side slopes.

ii. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard.

iii. The area surrounding the stormwater pond above the live storage shall be landscaped in a manner to enhance passive recreational opportunities such as a trail or pathway around the pond perimeter.

iv. The stormwater pond shall be designed so that it does not require fencing per the fencing requirements in Chapter 5 of 2016 KCSWDM (page 5-6).

v. Split-rail fencing (three feet minimum height) is required around the pond at the emergency overflow elevation of the pond or higher. Wire mesh backing of the fence is encouraged, but not required.

c. To receive a 100 percent credit, the stormwater pond must meet all the additional requirements in the criteria in subsection G.b. of this section, and provide three or more of the following amenities:

i. Provide seating using walls, benches and/or tables and chairs that view the stormwater system.

ii. Create overlook or destination points with views of the stormwater pond.

iii. Provide vertical planes (using stairs, platforms, etc. that allow stormwater to be interacted with and viewed from different levels.

iv. Provide interpretive signage describing the stormwater feature, or the landscape features (such as highlighting the pollinator benefits of plantings incorporated into the stormwater tract).

v. Stack horizontal and vertical planes to create features such as pools and waterfalls.

vi. Provide a fountain feature near the pond center.

vii. Provide at least one fitness station located near the pond accessible via a trail or pathway.

J. Recreation space—Fees in lieu of. If on-site recreation space is not provided, the applicant shall pay a fee-in-lieu of actual recreation space. The City’s acceptance of this payment is discretionary, and may be permitted if the proposed on-site recreation space does not meet the criteria of this chapter, or the recreation space provided within a City park in the vicinity will be of greater benefit to the prospective residents of the development. Fees provided in lieu of on-site recreation space shall be determined annually by the City on the basis of the typical market value of the required recreation space land area prior to the development. Any recreational space provided by the applicant shall be credited toward the required fees.

1. All single detached subdivisions, apartment, townhouse and mixed use development, excluding age-restricted senior citizen housing, shall provide children’s play areas within the recreation space on-site, except when facilities are available to the public within one-quarter mile that are developed as parks or playgrounds and are accessible without crossing of arterial streets.

2. Play apparatus provided in the play area shall meet Consumer Product Safety Standards for equipment, soft surfacing and spacing, and shall be located in an area that is:

a. At least 400 square feet in size with no dimension less than 20 feet; and

b. Adjacent to main pedestrian paths or near building entrances.

L. Storage space and collection points for recyclables. Developments shall provide storage space for the collection of recyclables as follows:

1. The storage space shall be provided at the following rates, calculated based on any new dwelling unit in multiple-dwelling developments and any new square feet of building gross floor area in any other developments:

a. One and one-half square feet per dwelling unit in multiple-dwelling developments except where the development is participating in a county-sponsored or approved direct collection program in which individual recycling bins are used for curbside collection;

b. Two square feet per every 1,000 square feet of building gross floor area in office, educational and institutional developments;

c. Three square feet per every 1,000 square feet of building gross floor area in manufacturing and other nonresidential developments; and

d. Five square feet per every 1,000 square feet of building gross floor area in retail developments.

2. The storage space for residential developments shall be apportioned and located in collection points as follows:

a. The required storage area shall be dispersed in collection points throughout the site when a residential development comprises more than one building.

b. There shall be one collection point for every 30 dwelling units.

c. Collection points may be located within residential buildings, in separate buildings/structures without dwelling units, or outdoors.

d. Collection points located in separate buildings/structures or outdoors shall be no more than 200 feet from a common entrance of a residential building.

e. Collection points shall be located in a manner so that the swing of any collection point gate does not obstruct pedestrian or vehicle traffic or access to parking or that the gate swing or any hauling truck does not project into any public right-of-way.

3. The storage space for nonresidential developments shall be apportioned and located in collection points as follows:

a. Storage space may be allocated to a centralized collection point.

b. Outdoor collection points shall not be located in any required setback areas.

c. Collection points shall be located in a manner so that the swing of any collection point gate does not obstruct pedestrian or vehicle traffic or access to parking or that the gate swing or any hauling truck does not project into any public right-of-way.

d. Access to collection points may be limited, except during regular business hours and/or specified collection hours.

4. The collection points shall be designed as follows:

a. Dimensions of the collection points shall be of sufficient width and depth to enclose containers for recyclables.

b. Architectural design of any structure enclosing an outdoor collection point or any building primarily used to contain a collection point shall be consistent with the design of the primary structure(s) on the site.

c. Collection points shall be identified by signs not exceeding two square feet.

d. A six-foot wall or fence shall enclose any outdoor collection point, excluding collection points located in industrial developments that are greater than 100 feet from residentially zoned property.

e. Enclosures for outdoor collection points and buildings used primarily to contain a collection point shall have gate openings at least 12 feet wide for haulers. In addition, the gate opening for any building or other roofed structure used primarily as a collection point shall have a vertical clearance of at least 12 feet.

f. Weather protection of recyclables shall be ensured by using weather-proof containers or by providing a roof over the storage area.

5. Only recyclable materials generated on-site shall be collected and stored at such collection points. Except for initial sorting of recyclables by users, all other processing of such materials shall be conducted off-site.

6. The director may waive or modify specific storage space and collection point requirements set forth in this section if the director finds, in writing, that an alternate recycling program design proposed by the applicant meets the needs of the development and provides an equivalent or better level of storage and collection for recyclables.

1. Recreation space as defined in SMC 21.02.030.I.2 may be dedicated as a park open to the public in lieu of providing the on-site recreation required above when the following criteria are met:

a. The dedicated area is at least 20 acres in size, except when adjacent to an existing or planned public park;

b. The dedicated land provides one or more of the following:

i. Shoreline access;

ii. Regional trail linkages;

iii. Habitat linkages;

iv. Recreation facilities; or

v. Heritage sites; and

c. The dedicated area is located within one mile of the project site.

2. Unless the recreation space is dedicated to the City pursuant to subsection 1. of this section, maintenance of any recreation space retained in private ownership shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the City.

1. Compliance with Related Standards. All projects must demonstrate compliance with the latest adopted versions of the King County Surface Water Manual (KCSWM), Surface Water Management regulations, and the City’s Public Works Standards for low impact development design techniques.

2. Design Intent. Sustainable site planning techniques mimic a site’s predevelopment hydrology by using design techniques that maximize the use of natural systems and functions of the land, minimizing the need for stormwater infrastructure. Stormwater is addressed primarily by relying on BMP’s that infiltrate, filter, store, evaporate, and detain stormwater runoff close to its source.

a. a. Neighborhoods must be designed to maximize opportunities for low-impact development through sustainable site planning techniques including the preservation of natural features, restoration of native vegetation, and low-impact development for stormwater management.

b. b. Neighborhoods must be designed so that all individual parcels greater than 6,000 square feet retain and infiltrate all stormwater runoff on-site, unless determined to be infeasible due to soils or other factors based on information submitted by a qualified professional. Driveways may be exempt in cases where topography would prohibit retaining all runoff on-site. Techniques may include the use of natural drainage patterns, cisterns, rain gardens, infiltration or grassed swales, retaining natural vegetation, French drains, and similar measures. A registered Landscape Architect in the State of Washington shall develop the sustainable site plan for the application that addresses compliance with these standards.

1. Purpose and Intent. Sammamish values all forms of mobility and aspires to be a community with unrivaled connectedness. To this end, development should be considered in terms of well-designed neighborhood streets that provide connectivity and pedestrian and cycling routes that are attractive and safe for all ages. These routes should form a connected system and support a mix of uses available to neighborhoods. For all vehicle options, development should consider connectivity that minimizes congestion, “right-sizes” travel lanes and parking, and ensures adequate access for emergency vehicles.

2. Design Standards. Sammamish’s street network relies on arterials as through-routes. The system of arterials contributes to a relatively disconnected street system due to topographic constraints, and developments without connections to adjacent sites. Sammamish aspires to increase connectivity by balancing quiet neighborhoods with a more resilient set of connections for all modes of movement.

a. Street Connections. Streets and alleys provide connections to homes and through neighborhoods. They should be appropriately sized so that the streets support and blend into a well-landscaped neighborhood, discourage drivers from speeding, and assure emergency vehicle access. In designing new subdivisions, alleys and pedestrian-oriented streets should be considered as options for creating neighborhoods where walking is safe and attractive. The street network shall also provide for increased connectivity beyond the site itself, with input from the Community Development and Public Works.

b. Block Size and Perimeter. Block lengths are related to walkability, with shorter blocks offering permeability and shorter routes to destinations. They can also improve emergency response time. Blocks may be separated with connections for use by pedestrians, bicycles, and emergency vehicles only. Neighborhoods must be designed with block sizes that do not exceed a total perimeter of 1600' to provide for connectivity. Exceptions to this limit may be permitted due to constraints from topography, critical areas and buffers, the preservation of mature forest, and other factors determined by the City that limit effective street connectivity. Non-motorized connections may be counted towards the block perimeter calculations except where the City determines a full street connection is warranted for access and connectivity. Houses oriented towards pedestrian paths are an option.

c. Dead-End Streets. Dead-end streets must be limited to no more than 600' or up to 1,000' if the street serves less than 50 potential lots, and must be designed for future connection unless determined by the City to be infeasible. Where a full street connection is not possible, a non-motorized connection such as a trail or sidewalk must be provided, where the City determines it is feasible.

i. Streets must be right-sized based on the anticipated built project density, anticipated traffic, and the parking program analysis required in SMC 21.02.030.F. The application of the curb-to-curb width in the Public Works Standards may be modified to meet the neighborhood design standards in ways such as requiring one parking lane instead of the standard two lanes through the deviation process outlined in the Public Works Standards in Section 6.2.

ii. Curb cuts from public and private streets shall be located to allow for usable on-street parking where additional parking is necessary based on the project parking program analysis.

e. Walking and Biking Connections. A robust network of pedestrian and bicycle connections is a priority for Sammamish and shall be included in developments in a manner appropriate to the site and the surrounding connections. This may include sidewalks, paths, bike lanes, and “woonerf”-style shared streets or greenways. Routes that are integrated into the landscape or have a planted buffer from streets are encouraged.

For residential development, the front door shall face the primary street frontage with a clearly defined walkway from the street to the front door/entrance. Duplexes are exempt from this requirement. The City may allow the front door and walkways to front along a secondary street frontage, to be collocated along a driveway, or a waiver of the requirement when a walkway is not feasible from the primary street frontage due to topography, natural features, mature trees, or other factors. (Ord. O2025-583 § 2 (Att. A.1); Ord. O2023-553 § 1 (Att. A); Ord. O2021-540 § 2 (Att. A))

21.02.040 Planned Unit Development

A. Purpose. [Reserved]

B. Applicability. [Reserved]

C. Modifications to Development Regulations. [Reserved]

D. Residential Density. [Reserved]

E. Planned Development Review. [Reserved] (Ord. O2021-540 § 2 (Att. A))

21.02.050 Residential Density Incentives

A. Purpose. The purpose of this section is to provide density incentives to developers of residential lands in urban areas and rural activity centers, in exchange for public benefits to help achieve comprehensive plan goals of open space protection, and energy conservation, by:

1. Defining in quantified terms the public benefits that can be used to earn density incentives;

2. Providing rules and formulas for computing density incentives earned by each benefit;

3. Providing a method to realize the development potential of sites containing unique features of size, topography, environmental features or shape; and

4. Providing a review process to allow evaluation of proposed density increases and the public benefits offered to earn them, and to give the public opportunities to review and comment.

B. Permitted Locations of Residential Density Incentives. Residential density incentives (RDI) shall be used only on sites served by public sewers and only in the following zones:

1. In R-4 through R-18 zones; and

2. In NB, CB and O zones when part of a mixed use development.

C. Maximum Densities Permitted Through Residential Density Incentive Review. The maximum density permitted through RDI review shall be 150 percent of the base density of the underlying zone of the development site or 200 percent of the base density for RDI proposals with 100 percent affordable units.

1. The public benefits eligible to earn increased densities, and the maximum incentive to be earned by each benefit, are set forth in subsection D.6 of this section. The density incentive is expressed as additional bonus dwelling units (or fractions of dwelling units) earned per amount of public benefit provided.

2. Bonus dwelling units may be earned through any combination of the listed public benefits.

3. Repealed by Ord. O2024-578.

4. Bonus dwelling units may also be earned and transferred to the project site through the transfer of density credit (TDC) process set forth in SMC 21.06.070, by providing any of the open space, or park site public benefits set forth in subsections 6.2. or 6.3. of this section on sites other than that of the RDI development.

5. Residential development in R-4 through R-18 zones with property specific development standards requiring any public benefit enumerated in this Section shall be eligible to earn bonus dwelling units as set forth in subsection 6. of this section when the public benefits provided exceed the basic development standards of this Title. When a development is located in a special overlay district, bonus units may be earned if the development provides public benefits exceeding corresponding standards of the special district.

6. The following are the public benefits eligible to earn density incentives through RDI review:

Public Benefits for Density Incentives
Benefit	Density incentive
Open Space, Trails and Parks
Dedication of park site or trail right-of-way meeting the City of Sammamish location and size standards for neighborhood, community or regional park, or trail, and accepted by the parks division.	0.5 bonus unit per acre of park area or quarter-mile of trail exceeding the minimum requirement of SMC 21.07.060 for on-site recreation space or trail corridors, computed on the number of dwelling units permitted by the site’s base density.
Improvement of dedicated park site to the City of Sammamish standards for developed parks.	0.75 bonus unit per acre of park improvement. If the applicant is dedicating the site of the improvements, the bonus units earned by improvements shall be added to the bonus units earned by the dedication.
Improvement of dedicated trail segment to the City of Sammamish standards.	1.8 bonus units per quarter-mile of trail constructed to City standard for pedestrian trails; or 2.5 bonus units per quarter-mile of trail constructed to City standard for multipurpose trails (pedestrian/ bicycle/equestrian). Shorter segments shall be awarded bonus units on a pro rata basis. If the applicant is dedicating the site of the improvements, the bonus units earned by improvements shall be added to the bonus units earned by the dedication.
Dedication of open space, meeting the City of Sammamish acquisition standards to the City or a qualified public or private organization such as a nature conservancy.	0.5 bonus unit per acre of open space.
Energy Conservation
Benefit units that incorporate conservation features in the construction of all on-site dwelling units heated by electricity that save at least 20 percent of space heat energy use from the maximum permitted by the Northwest Energy Code, as amended. No more than 50 percent of the required savings may result from the installation of heat pumps. None of the required savings shall be achieved by reduction of glazing area below 15 percent of floor area. Energy use shall be expressed as allowable energy load per square foot or as total transmittance (UA).	0.15 bonus unit per benefit unit that achieves the required savings.
Benefit units that incorporate conservation features in the construction of all on-site dwelling units heated by natural gas, or other non-electric heat source, that save at least 25 percent of space heat energy use from the maximum permitted by the Northwest Energy Code, as amended. None of the required savings shall be achieved by reduction of glazing area below 15 percent of floor area. Energy use shall be expressed as allowable energy load per square foot or as total transmittance (UA).	0.10 bonus unit per benefit unit that achieves the required savings.
Developments located within one-quarter mile of transit routes served on at least a half-hourly basis during the peak hours and hourly during the daytime nonpeak hours.	10 percent increase above the base density of the zone.
NOTE: When proposed energy conservation bonus units of subsection D of this section are reviewed in conjunction with a subdivision or a short subdivision, the applicant shall provide data and calculations for a typical house of the type to be built in the development that demonstrates to the department’s satisfaction how the required savings will be achieved. A condition of approval shall be recorded with the plat and shown on the Title of each lot specifying the required energy savings that must be achieved in the construction of the dwelling unit. The plat notation shall also specify that the savings shall be based on the energy code in effect at the time of preliminary plat application.

1. The formula for calculating the total number of dwelling units permitted through RDI review is as follows:

DUs allowed by RDI site base density

+ Bonus DUs

+ DUs allowed by sending site density (if any)

= Total RDI DUs

2. The total dwelling units permitted through RDI review shall be calculated using the following steps:

a. Calculate the number of dwellings permitted by the base density of the site in accordance with SMC 21.04.030;

b. Calculate the total number of bonus dwelling units earned by providing the public benefits listed in subsection D of this section;

c. Add the number of bonus dwelling units earned to the number of dwelling units permitted by the base density;

d. Add the number of dwelling units permitted by the base density of the site sending TDCs, if any;

e. Round fractional dwelling units to the nearest whole number; 0.49 or less dwelling units are rounded down; and

f. On sites with more than one zone or zone density, the maximum density shall be calculated for the site area of each zone. Bonus units may be re-allocated within the zones in the same manner set forth for base units in SMC 21.07.050.R.

1. All RDI proposals shall be reviewed concurrently with a primary proposal to consider the proposed site plan and methods used to earn extra density as follows:

a. For the purpose of this section, a primary proposal is defined as a proposed subdivision, conditional use permit or commercial building permit;

b. When the primary proposal requires a public hearing under this code or SMC 21.02.060, the public hearing on the primary proposal shall serve as the hearing on the RDI proposal, and the reviewing authority shall make a consolidated decision on the proposed development and use of RDI;

c. When the primary proposal does not require a public hearing under this code or SMC 21.02.060, the RDI proposal shall be subject to the decision criteria for conditional use permits outlined in SMC 21.09.070 and to the procedures set forth for director/hearing examiner review in this Title; and

d. The notice for the RDI proposal also shall include the development’s proposed density and a general description of the public benefits offered to earn extra density.

2. RDI applications that propose to earn bonus units by dedicating real property or public facilities shall include a letter from the applicable county receiving agency certifying that the proposed dedication qualifies for the density incentive and will be accepted by the agency or other qualifying organization.

G. Minor Adjustments in Final Site Plans. When issuing building permits in an approved RDI development, the department may allow minor adjustments in the approved site plan involving the location or dimensions of buildings or landscaping, provided such adjustments shall not:

1. Increase the number of dwelling units;

2. Decrease the amount of perimeter landscaping (if any);

3. Decrease residential parking facilities (unless the number of dwelling units is decreased);

4. Locate structures closer to any site boundary line; or

5. Change the locations of any points of ingress and egress to the site.

1. RDI developments shall comply with dimensional standards of the zone with a base density most closely comparable to the total approved density of the RDI development; provided, that an RDI proposal in the R-4 through R-8 zone shall conform to the height requirements of the underlying zone in which it is located.

2. RDI developments in the R-4 through R-8 zones shall be landscaped as follows:

a. When 75 percent or more of the units in the RDI development consists of townhouses or apartments, the development shall provide perimeter landscaping and tree retention in accordance with SMC 21.06.020 for townhouse or apartment projects.

b. When less than 75 percent of the units in the RDI consists of townhouses or apartments, the development shall provide landscaping and tree retention in accordance with SMC 21.06.020 for townhouses or apartments on the portion(s) of the development containing such units; provided, that if buildings containing such units are more than 100 feet from the development’s perimeter, the required landscaping may be reduced by 50 percent.

c. All other portions of the RDI shall provide landscaping or retain trees in accordance with SMC 21.06.020.

3. RDI developments in all other zones shall be landscaped or retain trees in accordance with SMC 21.06.020.

4. RDI developments shall provide parking as follows:

a. Projects with 100 percent affordable housing shall provide one off-street parking space per unit. The director may require additional parking, up to the maximum standards for attached dwelling units, which may be provided in common parking areas.

b. All other RDI proposals shall provide parking for:

i. Market rate/bonus units at levels consistent with SMC 21.06.030; and

ii. Benefit units at 50 percent of the levels required for market rate/bonus units.

5. RDI developments shall provide on-site recreation space as follows:

a. Projects with 100 percent affordable housing shall provide recreation space at 50 percent of the levels required in SMC 21.07.060.

b. All other RDI proposals shall provide recreation space for:

i. Market rate/bonus units at levels consistent with SMC 21.07.060; and

ii. Benefit units at 50 percent of the levels required for market rate/bonus units. (Ord. O2024-578 § 2 (Att. A); Ord. O2021-540 § 2 (Att. A))

21.02.060 Land Division

A. Purpose. The purpose of this Section is to:

1. Establish the authority and procedures for dividing land in the City of Sammamish.

2. Define and regulate divisions of land that are exempt from the short subdivision or subdivision requirements.

3. Ensure consistency with and implement the City of Sammamish Comprehensive Plan as amended in accordance with the Washington State Growth Management Act, RCW 36.70A.120.

4. Ensure uniform monumenting of land subdivisions and conveyance by accurate legal description.

5. Protect and preserve the public health, safety and general welfare in accordance with the standards established by City of Sammamish and the state of Washington.

6. Ensure consistency with Chapter 58.17 RCW.

1. Acre. An area of land equal to 43,560 square feet.

2. Alteration. The modification of a previously recorded plat, short plat, binding site plan, or any portion thereof, that results in modifications to conditions of approval, the addition of new lots or more land, or the deletion of existing lots or the removal of plat or lot restrictions or dedications that are shown on the recorded plat, except as otherwise allowed by law.

3. Applicant. A property owner or a public agency or public or private utility that owns a right-of-way or other easement or has been adjudicated the right to such easement pursuant to RCW 8.12.090, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval.

4. Binding site plan. A plan drawn to scale which 1. identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, critical areas, parking areas, landscaped areas, surveyed topography, water bodies, drainage features, and building envelopes; 2. contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the director or hearing examiner; and 3. contains provisions requiring any development be in conformity with the site plan; processed in accordance with SMC 21.02.060.F.1 through SMC 21.02.060.F.6 and Chapter 58.17 RCW.

5. Building envelope. The area of a lot that delineates the limits of where a building may be placed on a lot.

6. Building site. An area of land, consisting of one or more lots or portions of lots, that is:

a. Capable of being developed under current federal, state, and local statutes, including zoning and use provisions, dimensional standards, minimum lot width, shoreline master program provisions, critical area provisions and health and safety provisions; or

b. Currently legally developed.

7. Civil engineer. An individual registered and licensed as a professional civil engineer pursuant to Chapter 18.43 RCW.

8. City engineer. The individual appointed as the City engineer for the City of Sammamish or his or her designee.

9. Condominium. Real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions as defined in Chapters 64.32 and 64.34 RCW. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners and unless a declaration, survey map and plans have been recorded pursuant to Chapter 64.32 or 64.34 RCW.

10. Dedication. The deliberate conveyance of land by an owner for any general and public uses, reserving no rights other than those that are compatible with the full exercise and enjoyment of the public uses for which the property has been conveyed. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat, short plat or binding site plan showing the dedication thereon or deed. The acceptance by the public shall be evidenced by the approval of such plat, short plat, binding site plan or deed for filing.

11. Department. The City of Sammamish department of community development and/or the department of public works as appropriate.

12. Development review engineer. The director of the department of public works or his or her designee.

13. Director. The director of the City of Sammamish department of community development or department of public works, as appropriate, or his or her designee.

14. Easement. A right granted by a property owner to specifically named parties or to the public for the use of certain land for specified purposes, that may include, but are not limited to, road access, pedestrian or bicycle pathways, minerals, utility easements, drainage and open space.

15. Engineered preliminary drainage plan. A preliminary plan, consistent with the City’s adopted drainage manual, that shows the locations, types and approximate sizes of the proposed drainage and conveyance facilities, including any required detention pond, bioswales, wetponds or other water quality facilities.

16. Financial guarantee. A form of financial security posted to ensure timely and proper completion of improvements, compliance with the City of Sammamish code or to warrant materials, workmanship of improvements and design. Financial guarantees include assignments of funds, surety bonds and other forms of financial security acceptable to the director.

17. Homeowners’ association (HOA). Any combination or grouping of persons or any association, corporation or other entity that represents homeowners residing in a short subdivision, subdivision or binding site plan.

18. Improvements. Constructed appurtenances, including but not limited to road and drainage construction, utility installation, recreational features, lot grading prior to a building permit, street trees, landscaping, critical areas signage, sidewalks, plat monument signs, survey monuments.

19. Innocent purchaser. An individual who has purchased real property for value, has not received actual notice that the lot has not been legally created as a separate lot, and has not previously been granted innocent purchaser status by the City.

20. Land surveyor. An individual licensed as a land surveyor pursuant to Chapter 18.43 RCW.

21. Lot area. The total area contained within the boundaries of the lot, excluding submerged land.

22. Nonbuilding lot. A lot identified as a nonbuilding lot on the face of the plat or short plat, for which improvements for the purpose of human habitation or occupancy are prohibited.

23. Ownership interest. Having property rights as a fee owner, contract purchaser, mortgagee, or deed of trust beneficiary or grantor.

24. Plat, final. The final drawing of the subdivision and dedication prepared for filing with the county auditor and containing all elements and requirements set forth in this Section and in Chapter 58.17 RCW and Chapter 332-130 WAC.

25. Plat, preliminary. A true and approximate drawing of a proposed subdivision showing the general layout of streets, alleys, lots, tracts, and other elements of a subdivision required by this Section and Chapter 58.17 RCW. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.

26. Revisions. A change prior to recording of a previously approved preliminary plat, preliminary short plat or binding site plan that includes, but is not limited to, the addition of new lots, tracts or parcels.

27. Separate lot. A physically separate and distinct parcel of property, which has been created through one of the following processes:

a. The lot was created in compliance with the subdivision or short subdivision laws in effect at the time of creation of the lot;

b. The lot has been recognized by the department as a lot pursuant to SMC 21.02.060.C.6 (Determining and maintaining legal lot status), SMC 21.02.060.C.7 (Removing limitations on nonbuilding lots), and SMC 21.02.060.C.8 (Lots created in violation of this Title); or

c. The lot is a portion of a lot created through the processes cited in subsection 1. or 2. of this section that is separated from the remainder of the lot by one of the following:

d. A public road right-of-way; or

e. Shorelines as defined in SMC 25.10.450; or

f. Another separate lot, or a tract as defined in this Title, including railroad or public utility owned rights-of-way, publicly owned property, or other parcels recognized by the department pursuant to subsection C.6 of this section.

28. Short plat, final. The final drawing of the short subdivision and dedication prepared for filing with the county auditor and containing all elements and requirements set forth in this Title and in Chapter 58.17 RCW and Chapter 332-130 WAC.

29. Short plat, preliminary. A true and approximate drawing of a proposed short subdivision showing the general layout of streets, alleys, lots, and other elements of a short subdivision required by this Title and Chapter 58.17 RCW. The preliminary short plat shall be the basis for the approval or disapproval of the general layout of a short subdivision.

30. Short subdivision. A division or redivision of land into nine or fewer lots, tracts, parcels or sites for the purpose of sale, lease or transfer of ownership.

31. Street. A public or recorded private thoroughfare providing pedestrian and vehicular access through neighborhoods and communities and to abutting property.

32. Subdivision. A division or redivision of land into two or more lots, tracts or parcels for the purpose of sale, lease or transfer of ownership, except as provided by the short subdivision of two to nine lots. A subdivision can also be known as a “long subdivision.”

33. Tract. Land encompassed by a separate property boundary and reserved on the final plat, final short plat, or binding site plan for specified uses including, but not limited to, reserve tracts, recreation, open space, critical areas, stormwater facilities, utility facilities and access. Tracts are not considered lots or building sites for purposes of residential dwelling or commercial/institutional construction.

34. Definitions not listed. For words not defined in this Section, the definitions of this Title shall control. For words not defined in this Title, the usual and customary meaning shall apply.

1. Scope of Chapter. Any division of land is subject to the provisions of this Title except as stated herein.

2. Transfer of land or granting of an easement to a public agency. The transfer of land or granting of an easement to a public agency for road and utility purposes shall not be considered a division of land.

3. Exemptions—Subdivision and short subdivision. The subdivision and short subdivision provisions of this Title shall not apply to:

a. Divisions of lands for cemeteries and other burial plots while used for that purpose.

b. Divisions of land into lots or tracts each one of which is 20 acres or larger.

c. Divisions of land into lots or tracts that are one one hundred twenty-eighth of a section, or five acres or larger only for the purpose of allowing fee simple purchase or deeding of such lots or tracts to public agencies.

d. Divisions of land made by testamentary provisions or laws of descent.

e. Divisions of land into lots or tracts consistent with RCW 58.17.0407., for which a condominium binding site plan has been recorded in accordance with the binding site plan provisions set forth in this Title.

f. An adjustment of boundary lines in accordance with the provisions of this Title.

g. Divisions of land for the purpose of lease when no residential structures other than mobile homes are permitted to be placed upon the land and for which a binding site plan for the use of the land as a mobile home park has been approved by the director.

h. Divisions of land by binding site plan into lots or tracts classified for commercial use consistent with the binding site plan provisions of this Title.

i. A parcel that is a portion of a lot that is separated from the remainder of the lot by one of the following: a public road right-of-way; shorelines as defined in SMC 25.10.450; or another separate lot; or a tract as defined in SMC 21.02.060.B.33, including railroad or public utility owned rights-of-way, publicly owned property, or other parcels recognized by the department pursuant to this Title.

j. A division meeting the provisions of RCW 58.17.0408 for the purpose of leasing land for facilities providing personal wireless services while used for that purpose.

k. A division of land meeting the provisions of RCW 58.17.0409 into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities.

4. Recording map and legal descriptions. The final recording map and legal description of a plat, short plat, boundary line adjustment or binding site plan shall be prepared by a land surveyor in accordance with Chapter 58.09 RCW and Chapter 332-130 WAC, Surveys and Recording, and be recorded with the King County office of records and elections as required by this Title.

5. Review for conformity with other codes, plans and policies. Applications for approvals pursuant to this Title shall be reviewed in accordance with the applicable procedures set forth in this Title and Chapter 21.09 SMC. A preliminary subdivision, short subdivision or binding site plan may be approved, approved with conditions or denied based on findings in accordance with City, special district and state rules, regulations, plans and policies including, but not limited to:

a. Chapter 43.21C RCW (SEPA).

b. Chapter 58.17 RCW (Subdivisions), including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.

c. Chapters 36.70A and 36.70B RCW (Growth Management and Project Review).

d. Chapter 21.08 SMC (Public Works and Facilities).

e. Chapter 21.03 SMC (Environment and Sustainability).

f. SMC Title 16 (Buildings and Construction).

g. Chapter 21.09 SMC (Administrative Procedures/Environmental Policy).

h. SMC Title 21 (Development Code).

i. Chapter 21.07 SMC (Town Center).

j. SMC Title 23 (Code Enforcement).

k. Applicable shoreline master program, including SMC Title 25.

l. City of Sammamish public works standards.

m. Administrative rules adopted pursuant to Chapter 2.55 SMC.

n. King County board of public health rules and regulations.

o. Applicable water/sewer district requirements.

p. City of Sammamish comprehensive plan.

q. City of Sammamish stormwater comprehensive plan.

r. SMC Title 27A (Financial Guarantees).

s. This Title.

a. A property owner may request that the department determine whether a lot was legally created. The property owner shall demonstrate to the satisfaction of the department that a lot was created in compliance with applicable state and local land use statutes or codes in effect at the time the lot was created.

b. In requesting a determination, the property owner shall submit evidence, deemed acceptable to the department, such as:

i. Recorded subdivisions, or division of land into four lots or less;

ii. King County or City of Sammamish documents indicating approval of a short subdivision;

iii. Recorded deeds or contracts describing the lot or lots either individually or as part of a conjunctive legal description (e.g., Lot 1 and Lot 2);

iv. Tax records or other evidence, describing the lot as an individual parcel. The department shall give weight to the existence of historic tax records or tax parcels in making its determination.

c. Once the department has determined that the lot was legally created, the department shall continue to acknowledge the lot as such, unless the property owner aggregates or merges the lot with another lot or lots in order to:

i. Create a parcel of land that would qualify as a building site; or

ii. Implement a deed restriction or condition, a covenant or court decision.

d. The department’s determination shall not be construed as a guarantee that the lot constitutes a building site as defined in SMC 21.02.060.B.6.

7. Removing limitations on nonbuilding lots. Limitations placed on a nonbuilding lot may be removed and the lot recognized by the City of Sammamish as a building lot by approval of a subdivision, short subdivision, binding site plan or alteration of a plat, short plat or binding site plan.

a. All contiguous lots created in violation of this Title and that are under the same ownership at the time of application for innocent purchaser status shall be recognized only as a single lot.

b. A lot that has been determined to meet the requirements for innocent purchaser status by the City, including filing of a notarized affidavit of innocent purchase with the department on forms satisfactory to the director, shall be treated as follows for purposes of determining zoning compliance and for establishing eligibility for building permits and future subdivisions:

i. A lot recognized pursuant to this innocent purchaser provision will be treated the same as a legally subdivided lot if the parcel meets current zoning requirements for access, lot area and lot width;

ii. Innocent purchaser lots that do not meet current zoning requirements, but that did meet zoning requirements in effect at the time that they were created, will be treated the same as legally created substandard lots as provided in the City’s development code;

iii. Innocent purchaser lots that do not meet current zoning requirements and that did not meet the zoning requirements in effect at the time of their creation will be treated the same as legally created lots for purpose of conveyance, but will not be eligible for building permits; and

iv. A determination by the department of innocent purchaser status of a lot shall not relieve a property owner or applicant from compliance with all other codes, requirements and restrictions applicable to the lot.

9. Public street rights-of-way. The City engineer shall have the authority to make determinations under this section whether dedication or deeding of right-of-way is required. Right-of-way widths shall comply with current public works standards. Dedication or deeding to the City of right-of-way or a portion thereof for public streets shall be required within or along the boundaries of all binding site plans, subdivisions and short subdivisions or of any lot or lots within them, under the following circumstances, where facts support that such dedication is reasonably necessary as a result of the impact created by the proposed development:

a. Where the current six-year Transportation Improvement Program (TIP), or projects identified in the City’s adopted comprehensive plan transportation element will require a new right-of-way or portion thereof for street purposes; or

b. Where necessary to extend or to complete the existing or future neighborhood street pattern, including connection to existing adjacent right-of-way stubs; or

c. Where necessary to provide additional or new right-of-way to existing City right-of-way network; or

d. Where necessary to comply with the City’s current public works standards; or

e. Where necessary to provide a public transportation system that supports future development of abutting property consistent with the City of Sammamish Comprehensive Plan or this Title; provided, that the right-of-way shall:

i. Provide for vehicular and pedestrian circulation within and between neighborhoods; or

ii. Provide local traffic alternatives to the use of arterial streets.

10. Limitations within future road corridors. In order to allow for the development of future road corridors that would complete the public circulation system or that would provide a sole source of access for an abutting property, the City may limit improvements within specific areas of a proposed binding site plan, subdivision or short subdivision. These limitations may preclude the construction of buildings, driveways, drainage facilities or other improvements within the specified areas.

11. Public trail rights-of-way. In conformance with SMC 21.06.020.F.1 (Trail corridors—Applicability), a dedication, deeding or easement to the City for public trail purposes shall be required where a binding site plan, subdivision, or short subdivision or portion thereof is located on properties that include trail corridors shown within an adopted City parks or trails plan. The trail corridor dedication, deeding, or easement shall be in an appropriate location and of sufficient width and dimension to meet the requirements of SMC 21.06.020.F.2 (Trail corridors—Development standards) and the trails, bikeways and paths plan.

12. Adequacy of access. Each lot within the subdivision, short subdivision, or binding site plan shall have acceptable access conforming to the current public works standards. In order to assure safe and adequate access, the City engineer:

a. May limit direct access to certain streets and require on-site public streets in lieu of private streets, individual driveways or access panhandles, in accordance with the City street standards as set forth in the current public works standards;

b. May require off-site improvements to public or private streets as necessary to provide access from the subdivision, short subdivision or binding site plan to a road acceptable to the City engineer;

c. May require off-site mitigation of identified significant impacts to neighborhood streets; and

d. May assure that the number of lots, units or commercial space to be served by the street system complies with the street standards as set forth in the current public works standards.

a. Any map page or document recorded with the King County records and elections division, or its successor agency, under the provisions of this Title that contains an error in fact or omission may be amended by an affidavit of correction. The following types of errors may be corrected by affidavit:

i. Any courses, distances or elevations omitted from the recorded document;

ii. An error in any courses, distances or elevations shown on the recorded document;

iii. An error in the description of the real property shown on the recorded document;

iv. An error in the field location of any shown easement; or

v. Any other error or omission where the error or omission is ascertainable from the data shown on the recorded document.

b. Nothing in this section shall be construed to permit changes in courses, distances or elevations for the purpose of redesigning lot or tract configurations.

c. The affidavit of correction shall contain the seal and signature of the land surveyor making the correction.

d. The affidavit of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property materially affected by the correction. The notarized signatures of the owners shall be required, if deemed necessary by the department.

e. The affidavit of correction form, as provided by the department, shall be submitted to the department for review and approval. After department approval, the affidavit shall be recorded with the King County records and elections division, or its successor agency.

a. Vertical Requirements. The vertical datum on all engineering plans, plats, binding site plans and short plats shall be the North American Vertical Datum of 19A88 (NAVD 88) and shall be tied to at least one King County survey control network benchmark. The benchmark will be shown on the plans.

b. Horizontal Requirements. The horizontal component of all plats, binding site plans and short plats shall have the North American Datum of 19A83/91 (NAD 83/91) as its coordinate base and basis for bearings. All horizontal control for these projects shall be referenced to a minimum of two King County survey horizontal control monuments. The basis of bearing shall be shown on the plans.

15. Financial guarantees. Notwithstanding any other provision of this Title, the director is authorized to require all applicants issued permits or approvals under the provisions of this Title to post financial guarantees consistent with the provisions of SMC Title 27A.

16. Application requirements for preliminary plats, preliminary short plats and preliminary binding site plans. The application requirements shall be set forth in an official application packet approved by the director, and shall identify all items necessary for a complete application. The determination that an application is complete shall not preclude the department from requesting additional information in order to determine compliance with applicable standards and regulations.

17. Violations and enforcement. Any person or entity violating any provision of this Title shall, in addition to any remedies and sanctions provided for under state law, be subject to the enforcement provisions of SMC Title 23.

18. Circumvention of Zoning Density Prohibited. A lot, which has been created through a legally recognized process and is of sufficient land area to be subdivided at the density applicable to the lot, may be further subdivided.

Provided, however, further division of a lot or alteration of a tract shall only be permitted to the extent that the total number of lots contained within the parent lot or external boundaries of the original short subdivision, subdivision or binding site plan does not exceed the density allowed under current zoning.

19. Rules. The director is authorized to adopt rules to implement the provisions of this Title pursuant to Chapter 2.55 SMC.

1. Purpose. The purpose of this chapter is to specify the requirements for the division of land through short subdivisions and subdivisions, in accordance with applicable Washington State and City of Sammamish laws, rules and regulations, including permit processing procedures required by Chapter 21.09 SMC.

a. Preliminary subdivision approval shall be effective for the period of time set forth in RCW 58.17.140, as currently enacted or as may be subsequently amended, and preliminary short subdivision approval shall be effective for the same period of time as a subdivision approval. If any condition is not satisfied and/or the final plat or final short plat is not recorded within the approval period identified herein, the subdivision or short subdivision shall be null and void. If all conditions have been satisfied and all required documents have been submitted within the approval period, the department may grant a single extension of up to 90 days for the processing and recording of the final documents.

b. Preliminary subdivision or short subdivision approval shall be considered the basis upon which the applicant may proceed toward development of the subdivision or short subdivision and preparation of the final plat or short plat subject to all the conditions of the preliminary approval.

c. If the final plat is being developed in divisions, and final plats for all of the divisions have not been recorded within the time limits provided in this section, preliminary subdivision approval for all unrecorded divisions shall become void. The preliminary subdivision for any unrecorded divisions must again be submitted to the department with a new application, subject to the fees and regulations applicable at the time of submittal.

a. A maximum of nine lots may be created by a single application.

b. An application for further division may not be submitted within five years after recording, except through the filing of a subdivision application or unless the short plat contains fewer than nine lots, in which case an alteration application may be submitted to create a cumulative total of up to nine lots within the original short plat boundary.

c. A maximum of nine lots may be created from two or more contiguous parcels with any common ownership interest.

4. Revisions of preliminary short subdivisions and subdivisions. Applications to revise short subdivisions or subdivisions that have received preliminary approval shall comply with the following:

a. Revisions that result in any substantial changes, as determined by the department, shall be treated as a new application for purposes of vesting. Short subdivisions shall be reviewed as a Type 2 land use decision and subdivisions as a Type 3 land use decision pursuant to SMC 21.09.010.B. For the purpose of this section, substantial change includes the creation of additional lots, the elimination of open space, substantial change in access, drainage adjustment applications for projects subject to “full drainage review” or “large project drainage review” in SMC Chapter 13.10, or changes to conditions of approval on an approved preliminary short subdivision or subdivision.

b. Approval of the following modifications by the department shall not be considered revisions:

i. Engineering design, unless the proposed design alters or eliminates features required as a condition of preliminary approval.

ii. Changes in lot or tract dimensions that are consistent with this Title.

iii. A decrease in the number of lots to be created so long as the decrease allows for future compliance with the minimum density provisions of this Title, if applicable.

c. The department shall have the authority to administratively review and approve modifications described in subsection b. of this section through review procedures established by the department.

1. Purpose. The purpose of this chapter is to specify provisions that must be satisfied prior to the final approval and recording of final plat and final short plat maps, for preliminarily approved subdivisions and short subdivisions, also referred to herein as plats and short plats.

2. Phased development. Portions of an approved preliminary subdivision may be processed separately by the department for the purpose of recording in phases. All phases shall be approved within the prescribed time limits for the preliminary subdivision, and all conditions of approval for each particular phase must be met. The department may require certain features, including but not limited to stormwater facilities, open space or access, be included in the first phase or in subsequent phases as necessary to assure compliance with applicable standards and regulations.

a. Construction plans for streets, drainage controls and other proposed or conditioned improvements shall be prepared, submitted and reviewed for approval prior to the issuance of a site development permit. No on-site clearing or construction activities shall occur prior to issuance of a site development permit.

b. Construction plans shall conform to the requirements of the department as set forth in the adopted Surface Water Design Manual and current public works standards. Plans and technical information reports shall be submitted to the City and prepared consistent with the requirements of the Sammamish Municipal Code, City of Sammamish current public works standards, adopted Surface Water Design Manual, and conditions of preliminary approval. Each plan set or document shall be stamped, signed and dated by a civil engineer licensed in the state of Washington.

c. Approval of the engineering details of the proposed sanitary sewer and water systems and other proposed public facilities by the applicable water/sewer district will be required prior to the approval of the construction plans. Approval of the King County department of public health will be required when applicable.

d. Prior to approval of construction plans, and issuance of a site development permit, the applicant shall post a site restoration guarantee consistent with the provisions of SMC Title 27A, and shall pay any mitigation and/or impact fee amounts due, and all applicable fees due as set forth in the City fee resolution.

a. Prior to final recording of a plat or short plat, the following minimum improvements shall be constructed consistent with the approved plans, and shall be approved by the City, or in the case of water and sewer facilities, by the applicable district, unless otherwise approved by the City engineer. Applicants may choose to file a financial guarantee for preliminary plat improvements in lieu of constructing the improvements prior to recording the final plat. Financial guarantees shall be in conformance with the requirements of SMC 27A.20.060 and RCW 58.17.130.

i. Public drainage facilities and erosion control measures consistent with the adopted surface water design manual;

ii. Water mains and hydrant(s) installed and fire flow available, if required by water and sewer district;

iii. Sewer mains installed if served by public sewer;

iv. Streets graded and paved, with the exception of the final lift of asphalt, to all lots within the subdivision or short subdivision and capable of providing access by passenger vehicle;

v. Specific site improvements required by the preliminary plat approval or preliminary short plat approval decision, if the decision requires completion prior to plat recording;

vi. Delineation and required signage and fencing of critical areas;

vii. Temporary control monuments set by a land surveyor, located in conformance with this Title, and in place at final inspection. Permanent monuments and control points shall be set and verified by a land surveyor within 90 days of the final lift of asphalt; and

viii. Improvements without which the director determines a safety hazard would exist.

b. The City shall have right of entry onto any lot, tract, easement or parcel that is part of the final plat or short plat to ensure compliance with the minimum improvements required in subsection 1. of this section.

a. Upon the City’s inspection and determination that the site improvements required by SMC 21.02.060.E.4 have been substantially completed pursuant to the approved plans, a final plat or final short plat shall be surveyed by a land surveyor and submitted to the Department for review and approval. Substantial completion of site improvements, for purposes of final plat or final short plat submittal, shall mean street and lot rough grading has been completed and water, sewer, stormwater, and natural gas utilities have been installed.

b. All final plats and final short plats shall demonstrate conformance to the conditions of preliminary approval in a compliance matrix, as well as Chapter 58.17 RCW and Chapter 332-130 WAC.

c. Plat certificates or owner’s duplicate certificates for land registered pursuant to Chapter 65.12 RCW shall be provided to the Department prior to recording. Supplemental plat certificates shall be provided to the Department if the final plat or final short plat is not recorded within 30 days of the original certificate or supplemental certificate date.

d. All applicable processing fees specified by City fee resolution, applicable mitigation and impact fee amounts, and any civil penalty assessed pursuant to SMC Title 23 against a site being reviewed under this section shall be paid, and all required financial guarantees posted prior to recording.

e. Prior to recording, all site improvements required by SMC 21.02.060.E.4 shall be complete and approved by the City. Applicable performance bonds and written final approval from the applicable water/sewer district and health department shall be obtained, if required.

f. A copy of protective deed covenants shall accompany the final plat or short plat, if applicable.

g. Upon satisfactory review of a proposed final short subdivision confirming conformance to the conditions of the preliminary short subdivision approval, the Department shall approve the final short subdivision. No public hearing shall be required to consider and grant final short subdivision approval. The Department’s decision shall be the final decision on the part of the City. Upon approval of the final short subdivision, the accompanying final short plat shall be signed by the Director and shall be recorded with the County Records and Elections Division.

h. Upon satisfactory review by the Department of a proposed final subdivision, the Department shall transmit a written recommendation to the Hearing Examiner following a format and procedure approved by the Hearing Examiner. Upon receipt of the Department’s recommendation/transmittal, and following the Examiner’s adopted procedure, the Hearing Examiner shall consider the Department’s recommendation and issue a final written approval decision confirming conformance of the final subdivision to the conditions of preliminary subdivision approval. No public hearing shall be required to consider final subdivision approval request by the Department. The Examiner’s decision shall be the final decision on the part of the City and there shall be no reconsideration.

i. Upon issuance of final subdivision approval by the Hearing Examiner in accordance with subsection E.5.h of this section, the accompanying final plat shall be signed by the Hearing Examiner and shall be recorded with the County Records and Elections Division.

6. Contents of final plat and final short plat. The final plat or short plat shall comply with the requirements of Chapter 58.17 RCW and be in a form prescribed by the department and shall include all information as described in an official application packet approved by the Director.

a. A final plat or final short plat shall be prepared on forms 18 inches by 24 inches in size, allowing for a two-inch border on one of the 18-inch sides, to allow for binding, and one-half-inch borders on the other three sides. The two-inch border will typically be on the top or left side depending on the configuration of the drawing.

b. Forms shall be printed with materials acceptable for filing as specified in WAC 332-130-050 and be formatted consistent with forms provided by the department.

a. Alterations shall be processed in accordance with RCW 58.17.215 through 58.17.218 and shall comply with the regulations in effect at the time the alteration application is submitted. Alteration applications and recording documents shall contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels or divisions in the subject subdivision to be altered or portion to be altered.

b. If the subdivision is subject to restrictive covenants that were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the applicant shall submit with the application an agreement, signed by all parties subject to the covenants, to terminate or alter the relevant covenants in order to accomplish the proposed alteration.

c. An application shall be processed as a Type 3 permit pursuant to SMC 21.09.010.B, except that a public hearing is not required unless requested by a person receiving notice within 14 days of receipt of the notice. The application may be approved if the proposed alteration is consistent with the required findings of SMC 21.09.020.T.1 and SMC 21.09.020.T.3.

d. After approval of an alteration, the applicant shall submit a revised drawing of the approved alteration of the final plat, to be processed in the same manner as set forth for final plats in this Title.

9. Alterations of final short plats. Alteration of a final short plat may be approved by the department when consistent with the following requirements:

a. Alterations shall be accomplished by following the same procedure and satisfying the same laws, rules and conditions as required for a new short plat application.

b. Alteration applications and recording documents shall contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels or divisions in the subject short plat to be altered or portion to be altered.

c. If the short subdivision is subject to restrictive covenants that were filed at the time of the approval of the short subdivision, and the application for alteration would result in the violation of a covenant, the applicant shall submit with the application an agreement, signed by all parties subject to the covenants, to terminate or alter the relevant covenants in order to accomplish the proposed alteration.

d. An application shall be processed as a Type 2 permit pursuant to SMC 21.09.010.B.

e. An alteration may be allowed to remove nonbuilding lot status on short subdivisions; provided, that no public dedications are required and original conditions of approval do not prohibit conversion of a nonbuilding lot to a building lot. Approval of such alteration requires completion of the original conditions of approval, and the application of new conditions for the lot, consistent with current standards, preparation of a new map page prepared by a land surveyor for recording and payment of all fees required for such review.

a. Plat and short plat vacations shall be processed as follows and in accordance with the provisions of RCW 58.17.212.

b. All plat and short plat vacation applications shall be referred to the hearing examiner for public hearing and consideration pursuant to SMC 21.09.020.T.5 Following the public hearing, the hearing examiner shall determine if the proposed vacation is consistent with the requirements of SMC 21.09.020.T.2 If the proposal is found to be consistent, the hearing examiner may recommend that the City council approve the application.

c. Applications for vacations of City roads may be processed pursuant to this chapter only when such road vacations are proposed in conjunction with the vacation of a plat. Vacations limited to City roads shall be processed in accordance with Chapter 36.87 RCW and the current public works standards.

1. Purpose. The purposes of this chapter are:

a. To provide an alternative method for division of land for commercial zoned property or condominiums;

b. To allow the director to modify interior lot-based or lot line requirements contained within the zoning, building, fire and other similar codes adopted by the City and allow use of the entire site for the purpose of satisfying these requirements;

c. To allow the director to authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan; and

d. To specify administrative requirements for binding site plans in addition to the procedural requirements of SMC 21.09.010 and in accordance with applicable Washington State and City of Sammamish laws, rules and regulations.

a. Any person seeking the use of a binding site plan process to divide property for the purpose of sale, lease or transfer of ownership of commercial zoned property, or creation of condominium units, is required to have an approved binding site plan prior to any property division, as provided for in Chapter 58.17, 64.32 or 64.34 RCW, and as required by this chapter. A binding site plan for a condominium shall be based on a building permit, an as-built site plan for developed sites, a site development permit issued for the entire site, or an approved site plan showing the anticipated development plan for the entire site, notwithstanding the provisions of SMC 21.09.050.

b. An application for a binding site plan approval shall be processed as a Type 2 permit pursuant to SMC 21.09.010.B.

c. The site that is subject to the binding site plan shall consist of one or more contiguous lots.

d. The site that is subject to the binding site plan may be reviewed independently for developed sites, concurrently with or subsequent to a site development permit application for undeveloped land or concurrently with or subsequent to a building permit application.

e. The binding site plan process creates or alters lot lines and does not authorize substantial improvements or changes to the property or the uses thereon.

a. The binding site plan shall ensure that the collective lots continue to function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking.

b. The binding site plan shall:

i. Identify the areas and locations of all streets, roads, improvements, utilities, water and sewer facilities, open spaces, critical areas, parking areas, landscaped areas, surveyed topography for preliminary map, water bodies and drainage features, and building envelopes;

ii. Contain inscriptions or attachments setting forth such limitations and conditions for the use of the land as are established by the director or the hearing examiner; and

iii. Contain provisions requiring any development or division of land to be in conformance with the approved site plan.

c. Conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements shall be identified and enforced by covenants, easements or other similar mechanisms.

a. Alteration of a binding site plan shall be accomplished by following the same process required for a new application as set forth in this chapter.

b. Changes to a building permit, subdivision, short subdivision, or site development permit within a binding site plan area shall also require alteration of the binding site plan unless the director determines that such changes are consistent with the approved binding site plan.

a. Vacation of a binding site plan shall be accomplished by following the same procedure and satisfying the same laws, rules and conditions as required for a new binding site plan application, as set forth in this chapter. If a portion of a binding site plan is vacated, the property subject to the vacated portion shall constitute one lot unless the property is subsequently divided by an approved subdivision or short subdivision or another binding site plan.

b. If a building permit or commercial site development permit is revised or expires, then the binding site plan shall be vacated unless the director determines that the revision or expiration is consistent with the approved binding site plan.

a. Plat certificates or owner’s duplicate certificates for registered land pursuant to Chapter 65.12 RCW shall be provided to the department by the owner.

b. Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a land surveyor. A final binding site plan shall be prepared in a format prescribed by the department.

c. The binding site plan shall contain all information as set forth in an official submittal checklist signed by the director.

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

e. No person shall sell, transfer or lease any lot, tract or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan.

f. The binding site plan shall set forth limitations and conditions, including irrevocable dedications of property and contain a provision that any development of the site shall be in conformity with the approved binding site plan.

1. Purpose. The purpose of this chapter is to provide procedures and criteria for the review and approval of adjustments to boundary lines of legal lots or tracts in order to rectify defects in legal descriptions, to allow the enlargement or merging of lots to improve or qualify as a building site, to achieve increased setbacks from property lines or sensitive areas, to correct situations wherein an established use is located across a lot line, or for other similar purposes.

2. Procedures and limitations of the boundary line adjustment process. Adjustment of boundary lines between adjacent lots shall be consistent with the following review procedures and limitations:

a. Applications for boundary line adjustments shall be reviewed as a Type 1 permit as provided in SMC 21.09.010. The review shall include examination for consistency with this Title, the shoreline master program including SMC Title 25 and for developed lots building and fire codes and may include review by the applicable agency for department of health regulations and water and sewer district requirements;

b. Any adjustment of boundary lines must be approved by the department prior to the transfer of property ownership between adjacent legal lots;

c. May require modification or sharing of access from public works to be approved by the City engineer;

d. A boundary line adjustment proposal shall not:

i. Result in the creation of an additional lot;

ii. Result in a lot that does not qualify as a building site pursuant to this Title;

iii. Reduce conforming lot dimensions such as area or width to nonconforming dimensions;

iv. Reduce the overall area in a plat or short plat devoted to open space;

v. Result in a lot that previously met sewer/water district standards for sewer/water service no longer meeting district standards;

vi. Be inconsistent with any restrictions or conditions of approval for a recorded plat or short plat;

vii. Involve lots which do not have a common boundary; or

viii. Circumvent the subdivision or short subdivision procedures set forth in this Title. Factors which indicate that the boundary line adjustment process is being used in a manner inconsistent with statutory intent include: numerous and frequent adjustments to the existing lot boundary, a proposal to move a lot or building site to a different location, and a large number of lots being proposed for a boundary line adjustment;

e. The elimination of lines between two or more lots for the purpose of creating a single lot that meets requirements as a building site shall be considered an adjustment of boundary lines and shall not be subject to the subdivision and short subdivision provisions of this Title; and

f. Recognized lots in an approved site plan for a conditional use permit, special use permit or commercial site development permit shall be considered a single site and no lot lines on the site may be altered by a boundary line adjustment to transfer density or separate lots to another property not included in the original site plan of the subject development without additional conditional use permit, special use permit or commercial site development review and approval.

a. A title insurance certificate updated not more than 30 days prior to recording of the adjustment, which includes all parcels within the adjustment, must be submitted to the department with boundary line adjustment final review documents. All persons having an ownership interest within the boundary line adjustment shall sign the final recording document in the presence of a notary public.

b. Final boundary line adjustment documents shall be in a form prescribed by the department and be reviewed and approved by the department prior to recording with the King County auditor. Lot lines within lots under the same ownership will be adjusted upon the recording of the boundary line adjustment and submittal to the City of the recorded boundary line adjustment documents. Lot lines within lots under different ownership shall be adjusted upon submittal to the City of the recorded boundary line adjustment and real estate conveyance documents transferring ownership of the adjusted land area. Approved boundary line adjustment approvals shall expire if the approved boundary line adjustment and real estate documents transferring property ownership are not recorded and a copy submitted to the City within one year from the date of approval.

c. Final record-of-survey document must be prepared by a land surveyor in accordance with Chapter 332-130 WAC and Chapter 58.09 RCW. The document must contain a land surveyor’s certificate and a recording certificate.

d. The final map page shall contain the following approval blocks:

i. The King County department of assessments; and

ii. The City of Sammamish department of community development.

4. Boundary line agreement. Whenever a point or line determining the boundary between two or more parcels of real property cannot be identified from the existing public record, monuments, and landmarks, or is in dispute, as evidenced by survey performed by a land surveyor as defined by SMC 21.02.060.B.20 that demonstrates the following:

a. The current legal description incorrectly identifies a property line location that is inconsistent with a location recognized by property owners through established use; or

b. There is a defect in the recorded legal description that creates gaps or overlaps between existing lot lines;

the landowners affected by the determination of the point or line may resolve any dispute and fix the boundary point or line by the procedure below, in conformance with RCW 58.04.007.

If all of the affected landowners agree to a description and marking of a point or line determining a boundary, they shall document the agreement in a written instrument, using appropriate legal descriptions and including a survey map, filed in accordance with Chapter 58.09 RCW. The written instrument shall be signed and acknowledged by each party in the manner required for a conveyance of real property. The agreement is binding upon the parties, their successors, assigns, heirs and devisees and runs with the land. The agreement shall be recorded with King County, and a copy of the recorded boundary line correction and/or agreement shall be submitted to the City for the record.

H. Unit Lot Subdivision. A lot may be divided into separately owned unit lots and common areas, provided the following standards are met:

1. No dwelling units are proposed to be stacked on other dwelling units or another use.

2. Unit lot subdivisions must follow the application, review, and approval procedures for a short subdivision or subdivision, depending on the number of lots.

3. Development as a whole on the parent lot, rather than individual unit lots, must comply with applicable unit density and dimensional standards established in Chapter 21.04 SMC.

4. Notes must be placed on the face of the plat or short plat as recorded with the King County Recorder’s Office to state the following:

a. The title of the plat shall include the phrase “Unit Lot Subdivision.”

b. Approval of the development on each unit lot was granted by the review of the development, as a whole, on the parent lot.

5. Subsequent platting actions or additions or modifications to structure(s) may not create or increase any nonconformity of the parent lot as per subsection C.18 of this section.

6. Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions (CC&Rs) identifying the rights and responsibilities of property owners and/or the homeowners’ association shall be executed for use and maintenance of common garage, parking, and vehicle access areas; bike parking; solid waste collection areas; underground utilities; common open space; shared interior walls; exterior building facades and roofs; and other similar features must be reviewed by the City prior to being recorded with the County Auditor.

7. Required parking for a dwelling unit may be provided on a different property as long as the right to use the parking is included as a condition on the face of the plat or short plat or formalized by an easement recorded with the County Auditor.

8. Portions of the parent lot not subdivided for individual unit lots must be owned in common by the owners of the individual unit lots, or by a homeowners’ association comprised of the owners of the individual unit lots and must not be further subdivided.

(Ord. O2025-583 § 2 (Att. A.2); Ord. O2024-578 § 2 (Att. A); Ord. O2021-540 § 2 (Att. A))