It is the policy of the city of Marysville to implement the State Environmental Policy Act, Chapter 43.21C RCW, and the State Subdivision Code, Chapter 58.17 RCW, by requiring the proponent of any subdivision, rezone, project or development to mitigate any and all impacts directly resulting from the same which adversely affect the environment for the public health, safety or welfare. Mitigation measures, including dedication of property to public use and voluntary payments into the city’s growth management fund, shall be a material consideration in the approval, modification or denial of all such proposals. (Ord. 2852 § 10 (Exh. A), 2011).

All subdivisions, rezones, projects and developments (hereinafter collectively referred to as “projects”) which are found by the responsible official of the city of Marysville, the hearing examiner or the city council to directly result in adverse environmental impacts or to adversely affect the public health, safety or welfare (hereinafter referred to as “adverse impacts”) shall be required to mitigate such impacts as a condition of receiving city approval to proceed with the project; provided, that mitigation requirements shall not apply to categories of projects which are exempt under WAC 197-10-170, except for short plats, duplexes and triplexes, the exemption for which is repealed for the purposes of this chapter. (Ord. 2852 § 10 (Exh. A), 2011).

The city legislative or administrative authority issuing the project approval shall determine and identify those adverse impacts which will directly result from the proposed project, and shall determine and identify required mitigation of the same. Such mitigation may include dedication of land or easements within the proposed project. It must be established that each mitigation requirement is reasonably necessary as a direct result of the project. (Ord. 2852 § 10 (Exh. A), 2011).

The city legislative or administrative authority issuing the project approval shall condition the same upon satisfactory mitigation of all identified adverse impacts by one of the following alternative methods:

(1) The proponent may modify the project so as to avoid creating adverse impacts; or

(2) The proponent may undertake, at its own cost, to mitigate all identified adverse impacts on a time schedule agreed upon with the city legislative or administrative authority issuing the project approval; or

(3) If the city determines that the identified adverse impacts would best be mitigated on a regional basis, the city shall prepare a cost estimate for the regional capital improvements, and shall define a benefit area for the same. The city and the proponent shall negotiate the fair share of said total cost to be allocated to the proponent’s project, being guided by assessment methods allowed in Chapter 35.44 RCW. A proponent may enter into an agreement with the city to pay the mitigation assessment for the project on a mutually agreed-upon time schedule or may dedicate land or do public works as a credit against the mitigation assessment, as provided below.

If such mitigation is not deemed possible, practical, or in the public interest, the proposed project may be denied. (Ord. 2852 § 10 (Exh. A), 2011).

At the option of the city council, a proponent may be allowed to enter into a recovery contract with the city providing for partial reimbursement to the proponent, or its assignee, of costs of regional capital improvements required by this chapter, including design, grading, paving and installation of streets, curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls and other similar improvements required by the street standards of the city. Such contracts shall be governed by the following provisions:

(1) Within 30 days after the improvements are accepted by the city and a bill of sale/warranty is filed with respect to the same, the proponent of the recovery contract shall submit a request for the same, using a form supplied by the city, together with supporting documentation showing all costs incurred in the project.

(2) An assessment area shall be formulated based upon a determination by the city as to which parcels of real estate adjacent to the street improvements would be required by this chapter to make similar improvements at the time development is proposed for said parcels.

(3) The reimbursement share of all property owners in the assessment area shall be a pro rata share of construction and contract administration costs of the improvement project. The city shall determine the reimbursement share by using a method of cost apportionment which is based upon the benefit to each property owner from the project. There shall be no reimbursement to the proponent for the share which is allocated to its property, nor for any contributions paid by the city.

(4) A preliminary determination of area boundaries and assessments, along with a description of the property owner’s rights and options, shall be forwarded by certified mail to the property owners of record within the proposed assessment area. If any property owner requests a hearing in writing within 20 days of the mailing of the preliminary determination, a hearing shall be held before the city council, notice of which shall be given to all affected property owners. The city council’s ruling shall be determinative and final.

(5) The contract, upon approval by the city council, shall be recorded in the records of the Snohomish County auditor within 30 days of such approval. The recorded contract shall constitute a lien against all real property within the assessment area which did not contribute to the original cost of the project improvements.

(6) If, within a period of 15 years from the date the contract was recorded, any property within the assessment area applies for development rights which implement the requirements of this chapter, the lien for payment of said property’s proportionate share shall become immediately due and payable to the city as a condition of receiving development approval.

(7) All assessments collected by the city pursuant to a recovery contract, less the city’s administrative charge, shall be paid to the original proponent or its personal representative, successors or assigns within 30 days after receipt by the city. The city’s administrative charge for each collection is set forth in MMC 14.07.005. (Ord. 2852 § 10 (Exh. A), 2011).

At the option of the city council, a proponent may be allowed or required to dedicate land, or cause land to be dedicated, to the city for public purposes. In such a case, the proponent shall be granted a credit against any part or all of the mitigation assessment referred to in MMC 22D.010.040, to the extent of the appraised value of the land which is dedicated. The implementation of this credit shall be in accordance with the following criteria:

(1) Dedication of land shall only be required or accepted by the city upon a finding that it is reasonably necessary as a direct result of the proposed project, and will tend to mitigate adverse impacts of the project.

(2) No credit shall be given for dedication of land for public road right-of-way located on the subject property or which abuts the same or otherwise provides direct access to the subject property.

(3) In evaluating a specific parcel of land for dedication, the city shall consider the following factors:

(a) Compatibility of the land with the city’s then current comprehensive plan for public facilities;

(b) Topography, geology, access and location of the land, as the same relate to its effective development and use for public purposes;

(c) The proximity of the land to pre-existing property under public ownership;

(d) The proximity of the land to existing and foreseeable population concentrations;

(e) The possibility of combining the land with abutting properties which are presently under public ownership or are anticipated for future acquisition;

(f) The environmental and economic impact of developing and using the land for public purposes;

(g) The fair market value of the land;

(h) The extent, if any, to which dedication of the land to the public would unreasonably interfere with the private development and use of abutting properties.

(4) If either the city or the proponent desires to pursue the option of land dedication, they shall, by mutual agreement, retain the services of a qualified appraiser who shall investigate and report to the parties the appraised value of the subject land. The cost of the appraisal shall be borne equally by the city and the proponent. Within 30 days from the date of the appraisal report, the city shall notify the proponent of its decision whether the dedication will be required/allowed as a condition of project approval.

(5) In the event the city requires/allows dedication, the owner of the property shall deed or dedicate the same to the city with a warranty of clear title, as a condition of receiving final approval of the project.

(6) The proponent shall be given a credit against the mitigation assessment referred to in MMC 22D.010.040 which is equal to the appraised value of the dedicated land.

(7) The city shall have complete discretion with respect to the use of the dedicated land, and the schedule for the development of the same; provided, that any such use or development shall be consistent with all applicable laws of the city, state and federal governments. (Ord. 2852 § 10 (Exh. A), 2011).

In any case where a proponent requests permission to develop, at its own cost, a regional improvement to the public street system, park and recreational facilities, storm drainage and flood control facilities, or public safety facilities, which are located either on the subject property or off site and which would contribute to mitigation of identified adverse impacts resulting from the project, the city may, in its sole discretion, grant permission to the proponent to perform such public work, and the value of the same shall be credited against the mitigation assessment for the project. The value of such work shall be determined by the city engineer and shall be consistent with the probable cost of such work if it were put out for public bid. In authorizing such public work, and in granting a credit against the mitigation assessment, the city council must find that said work is in the public interest and meets the following standards:

(1) The public work must be a regional improvement which is provided for and anticipated in the city’s comprehensive plan; no credit shall be allowed for construction of local access streets within the subject property or which abut the same or otherwise provide direct access to the subject property.

(2) The public work must be directly related to the mitigation of impacts created or contributed to by the project.

(3) The timing for the development of the public work must be consistent with the long-range scheduling for such development by the city.

(4) The proponent or its contractor must demonstrate its financial and professional ability to perform the project in a workmanlike manner and in compliance with all specifications for the project and all governmental regulations relating thereto.

(5) The proponent or its contractor shall be required to comply with all bonding and warranty requirements otherwise applicable to public works.

(6) The proponent or its contractor shall be required to deposit with the city cash in a sum equal to the public work contract retainage requirement specified in RCW 60.28.010. Said deposit shall be subject to all provisions contained in Chapter 60.28 RCW.

(7) The proponent shall deed and convey the completed project and facilities to the city, for no cost, as a condition of receiving final approval of the development or construction in question. (Ord. 2852 § 10 (Exh. A), 2011).

All mitigation assessments paid to the city under this chapter shall be deposited in the growth management fund established under Chapter 3.12 MMC, and shall be held and used subject to the following provisions:

(1) Mitigation assessments paid by a proponent may only be expended by the city on capital improvements agreed upon between the proponent and the city which are designed to mitigate impacts directly resulting from the proposed project.

(2) Mitigation assessments shall be expended for such purposes within five years after the date of payment to the city.

(3) Any mitigation assessment not so expended shall be refunded with interest at the rate then established by state law as applying to judgments. The refund shall be made to the property owner of the subject property who is of record at the time of the refund; provided, that if the mitigation assessment is not expended within the five-year period due to delay attributable to the proponent, or its successors or assigns, the mitigation assessment shall be refunded without interest. (Ord. 2852 § 10 (Exh. A), 2011).

Any proponent aggrieved by the amount of a mitigation assessment, or by a determination requiring the dedication of land, may appeal the same to the city council by filing a written notice of appeal with the city clerk within 20 days from the date thereof. The city council shall hold a hearing on such appeal within 30 days after the date on which the notice of appeal was filed. Notice of the time and place of the hearing shall be mailed to the proponent. At the hearing the proponent shall be entitled to be heard and introduce evidence on its own behalf. The city council shall thereupon make a final decision on the matter and shall advise the proponent of the same in writing. (Ord. 2852 § 10 (Exh. A), 2011).

This title is adopted under RCW 82.02.050(2) which authorizes cities planning under the Growth Management Act, primarily codified at Chapters 36.70A and 82.02 RCW, to assess, collect, and use impact fees to pay for park, recreation, open space and trail facilities needed to accommodate growth. The city of Marysville is required to plan under the Growth Management Act and has adopted a comprehensive plan, which includes a capital facilities element which complies with RCW 36.70A.070(3), 82.02.050(4), and all other applicable requirements. Consequently, the city of Marysville is authorized to impose, collect, and use impact fees. (Ord. 2852 § 10 (Exh. A), 2011).

The purpose of this title is to implement the capital facilities element of the Marysville comprehensive plan and the Growth Management Act by:

(1) Ensuring that adequate park, recreation, open space and trail facilities are available to serve new development.

(2) Maintaining the high quality of life in Marysville by ensuring that adequate facilities are available to serve growth, thereby providing for the needs of new growth and maintaining existing service levels for present businesses and residents.

(3) Establishing standards and procedures whereby new development pays its proportionate share of the costs of park, recreation, open space and trail facilities; reducing transaction costs for both the city and developers; and ensuring the developments are not required to pay arbitrary or duplicative fees. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Payment of Impact Fees Required. Any person who applies for a building permit for any development activity or who undertakes any development activity shall pay the impact fees set in MMC 22D.020.050 or 22D.020.060 to the city of Marysville finance department or its designee. Except as otherwise provided in this section and MMC Title 22, no new building permit shall be issued until the required impact fees have been paid to the city of Marysville finance department or its designee or successor. Where a building permit is not required for a development activity, the impact fees shall be paid to the city of Marysville finance department or its designee before undertaking the development activity.

(2) Deferral of Impact Fee Payments Allowed.

(a) Required impact fee payments may be deferred to final inspection for single-family detached, townhouses, or middle housing dwellings.

(b) The community development department shall allow an applicant to defer payment of the impact fees when, prior to submission of a building permit application for deferment under subsection (2)(a) of this section, the applicant:

(i) Submits a signed and notarized deferred impact fee application and acknowledgment form for the development for which the property owner wishes to defer payment of the impact fees.

(c) Compliance with the requirements of the deferral option shall constitute compliance with the conditions pertaining to the timing of payment of the impact fees. (Ord. 3366 § 93 (Exh. OOOO), 2025; Ord. 3352 § 96 (Exh. OOOO), 2025; Ord. 2997 § 1, 2015; Ord. 2904 § 1, 2012; Ord. 2852 § 10 (Exh. A), 2011).

(1) The following are excluded from the requirement to pay some or all of the required impact fees:

(a) The reconstruction, remodeling, or replacement of existing buildings, structures, mobile homes, or manufactured homes, which does not result, for nonresidential structures, in additional floor space or, for all structures, additional dwellings. A complete application for a building permit to replace or reconstruct an existing structure that was removed or destroyed shall be submitted within three years after the structure was removed or destroyed in order for the exemption to apply.

(b) The construction of structures accessory to a residence is exempt from the requirement to pay all impact fees.

(c) Parking garages and building space which is constructed solely to park motor vehicles which are not owned, leased or rented by a business or part of a stock in trade are exempt from the requirement to pay all impact fees. The conversion of parking garages or vehicle parking areas to other uses identified in MMC 22D.020.050(2) requires the payment of impact fees.

(d) Temporary uses and structures authorized by Chapter 22C.110 MMC are exempt from the requirement to pay all impact fees.

(e) The property on which the development activity will take place is exempt from the payment of park, recreation, open space or trail facilities impact fees under RCW 82.02.100 because the property is part of a development activity which mitigated its impacts on the same system improvements under the State Environmental Policy Act (SEPA).

(f) The development activity shall not be required to pay impact fees for a facility type because:

(i) The impact of the development activity for park, recreation, open space or trail facilities has been mitigated by a voluntary agreement; mitigated State Environmental Policy Act (SEPA) determination; SEPA EIS; permit or approval condition which requires the payment of fees consistent with the fees imposed by this title for park impacts; the dedication of land in lieu of a fee for parks, recreation and trail improvements; or the construction or improvement of parks, recreation, open space or trails in lieu of a fee; and

(ii) The SEPA, permit or approval condition predates the effective date of the ordinance codified in this chapter. If the condition or requirement does not provide that the improvements substitute for impact fees, then the development activity is not exempt. To be exempt from the payment of park facilities impact fees, the voluntary agreement, mitigated SEPA determination, permit or approval condition shall provide for a payment, dedication, or construction of park facility improvements. Where a development activity has not filed a complete building permit application before the effective date of this chapter, the development activity shall pay any payment under the same terms as an impact fee but in the amount specified by the voluntary agreement, mitigated SEPA determination, permit or approval condition as a condition of being exempt from the requirement to pay mitigation fees. Unless the voluntary agreement, permit condition or approval condition requires payment when the building permit is applied for or issued, the planning director may extend the payment date from before the issuance of a building permit to some later date for development activities required to pay under this exemption.

(g) Accessory dwellings approved by the city under Chapter 22C.180 MMC.

(2) Any claim of exemption shall be made no later than the time of application for a building permit. If a building permit is not required for the development activity, the claim shall be made when the fee is tendered. Any claim not made when required by this section shall be deemed waived. (Ord. 3093 § 6, 2018; Ord. 2852 § 10 (Exh. A), 2011).

At the option of the person applying for a building permit or undertaking development activity, the amount of the impact fees shall be determined by the fee schedules in this section.

(1) When using the impact fee schedules, the impact fees shall be calculated by using the following formula:

(a) The number of units of each use shall be determined as follows:

(i) For residential uses it is the number of housing units for which a building permit application has been made; and

(ii) For office, retail, or manufacturing uses it is the gross floor area of building(s) to be used for each use expressed in square feet divided by 1,000 square feet. If uses other than parking vehicles which does not constitute a stock in trade and uses accessory to residences will take place outside of buildings, the calculations shall include the land area on which these uses will take place.

(b) Using the formula in subsection (1) of this section, impact fees shall be calculated separately for each use and each facility type. The impact fees that shall be paid are the sum of these calculations.

(c) If a development activity will include more than one use in a building or on a site, then the fee shall be determined using the above schedule by apportioning the space committed to the various uses specified on the schedule.

(d) If the type of use or development activity is not specified on the impact fee schedules in this section, the planning director shall use the impact fee applicable to the most comparable type of land use on the fee schedules. The planning director shall be guided in the selection of a comparable type by the most recent Standard Industrial Code Manual and the Marysville development code. If the planning director determines that there is no comparable type of land use on the above fee schedule then the planning director shall determine the proper fee by considering demographic or other documentation which is available from state, local, and regional authorities.

(e) In the case of a change in use, development activity, redevelopment, or expansion or modification of an existing use, the impact fee shall be based upon the net positive increase in the impact fee based on either the number of dwelling units or square feet of commercial or industrial area for the new development activity as compared to the previous development activity. The planning director shall be guided in this determination by the sources and agencies listed above.

(2) Park, Recreation, Open Space or Trail Facility-Type Impact Fee Schedule.

Note: Land uses are defined in Chapter 22A.020 MMC.

(Ord. 3366 § 94 (Exh. PPPP), 2025; Ord. 3352 § 97 (Exh. PPPP), 2025; Ord. 2852 § 10 (Exh. A), 2011).

If a person required to pay impact fees decides not to have the impact fees determined according to MMC 22D.020.050, then the person shall prepare and submit to the director an independent fee calculation study for the proposed development activity. Any person can decide to have an independent fee calculation study for one or more impact fees and use the impact fee schedules in MMC 22D.020.050 for one or more impact fees.

(1) Any person submitting an independent impact fee calculation study shall include the fee set by the city council for reviewing independent impact fee calculation studies. This fee may be set by ordinance or resolution.

(2) The independent fee calculation study shall comply with the following standards:

(a) The study shall follow accepted impact fee assessment practices and methodologies and shall be consistent with this ordinance and Chapter 82.02 RCW.

(b) The study shall use data sources which are acceptable to the planning director, including the city’s capital facilities element, and the data shall be comparable with the uses and intensities proposed for the proposed development activity.

(c) The study shall comply with the applicable state laws governing impact fees including RCW 82.02.060 or its successor.

(d) The study, including any data collection and analysis, shall be prepared and documented by professionals qualified in their respective fields.

(e) The study shall show the basis upon which the independent fee calculation was made.

(3) The planning director shall consider the study and documentation submitted by the person required to pay the impact fees, but is not required to accept the study if the planning director determines that the study is not accurate or reliable. The planning director may, in the alternative, require the person submitting the study to submit additional or different documentation for consideration. If the director decides that outside experts are needed to review the study, the applicant shall be responsible for paying for the reasonable cost of a review by outside experts. If an acceptable independent fee calculation study is not presented, the person shall pay the impact fees based upon the process and schedules in MMC 22D.020.050. If an acceptable independent fee calculation study is presented, the fee may be adjusted to that appropriate to the particular development activity. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Credits. Required impact fees shall be reduced by the following credits when applicable:

(a) The required park, recreation, open space or trail facilities impact fees shall be reduced by the amount of any payment for park, recreation, open space or trail facilities system improvements previously made for the lot on which the development activity will take place either as a condition of approval or under a voluntary agreement with the city entered into after the effective date of the ordinance codified in this chapter.

(b) After the effective date of the ordinance codified in this chapter, whenever a development is granted approval subject to a condition that the developer actually provide sites, facilities, or improvements for parks, recreation, open space, or trails acceptable to the city, or whenever the developer has agreed, pursuant to the terms of a voluntary agreement with the city, to provide land, parks or capital facilities, or to improve existing facilities, the developer shall be entitled to a credit for up to the value of the land or up to the actual cost of construction against the impact fee that would be chargeable under MMC 22D.020.050 or 22D.020.060.

(i) The land value or cost of construction shall be estimated at the time of approval and shall be based on acceptable evidence and documentation. The evidence and documentation shall be reviewed and, if acceptable, approved by the planning director. When land is proposed for dedication, the person required to pay impact fees shall present either an MAI appraisal or evidence of the assessed value as determined by the county assessor’s office. If construction costs are estimated, the documentation shall be confirmed after the construction is completed to assure that an accurate credit amount is provided. If the land value or construction cost is less than the calculated fee amount, the difference remaining shall be chargeable as an impact fee for the facility for which the land, system facilities, or improved system facilities were provided.

(ii) In certain cases a park, recreation, open space or trail system improvement may function as a project improvement. Where a system improvement functions as a project improvement, the person who is required to pay impact fees shall only receive a credit for the amount of the improvement that functions as a parks, recreation, open space or trail system improvement.

(c) The amount of the credit for a development activity shall not exceed the amount of the impact fee the development activity is required to pay.

(d) If a development activity includes construction of park, recreation, open space or trail facilities which meet the requirements of this subsection, then the applicant shall be entitled to a credit for that portion of the park, recreation, open space or trail facilities impact fee to be used for that park, recreation, open space or trail facility-type to the extent that the park, recreation, open space or trail system satisfies the needs of the occupants of the development activity and the public.

(i) The credit shall equal:

(A) The reduction in demand by occupants of the development on the city’s park, recreation, open space or trail system that is met by the facility.

(B) The reduction in demand by the general public on the city’s park, recreation, open space or trail system that is met by the facility, if the facility is open to the general public and signs at the facility notify the public that they can use the facility. To be eligible for the credit in this subsection, the facility shall be located in an area which, based upon adopted level of service standards, is lacking in needed park, recreation, open space or trail facilities. Credit under this subsection shall not be given for the portion of any facility which provides a higher level of service than that set by the level of service standard for that facility.

(ii) The park, recreation, open space or trail facilities shall meet the following criteria to be eligible for a credit:

(A) The area or facility shall function as a park, recreation, open space or trail system improvement and not a project improvement as defined by this chapter, either because it is a system improvement or because it is a project improvement which relieves demand on the city’s park, recreation, open space or trail system.

(B) The facilities shall be equivalent to Marysville’s adopted standards for park, recreation, open space or trail facilities.

(C) The park, recreation, open space or trail shall be large enough to function as that type of park, recreation, open space or trail system to obtain a credit.

(D) The city may require that legally binding covenants be recorded in the real property records providing that the facility shall be used by the facility’s occupants or the general public. If these facilities are closed or converted to another use, the amount of the credit in current dollars shall be paid to the Marysville finance department or its designee or successor before the facilities are closed or converted.

(2) Adjustments. The director may adjust the required impact fees where the director determines one of the following circumstances exists and the discount included in the impact fee formula fails to adjust for the error in the calculation or to ameliorate the unfairness of the fee:

(a) The person required to pay the impact fee demonstrates that an impact fee was incorrectly computed.

(b) The person required to pay the impact fee demonstrates that unusual circumstances make the standard impact fee applied to the development unfair or unjust. These circumstances shall not be circumstances generally applicable to similar types of land uses or generally applicable to development activities in that vicinity. Unusual circumstances may include that the development activity will have substantially less impact on the system improvement than the other development activities in the category.

(3) Any claim of a credit or adjustment shall be made no later than the time of application for a building permit. If a building permit is not required for the development activity, the claim may be made when the fee is tendered. Any claim not made when required by this section shall be deemed waived. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Any decision made by the planning director, or his or her designee, in the course of administering this chapter may be appealed in accordance with the procedures for appealing the underlying permit and shall not be subject to a separate appeal process. This shall include the requirement to pay impact fees. Where no other appeal process is provided, an appeal may be made as an appeal of an administrative decision, pursuant to MMC Title 22G. Any errors in the formula for calculating the impact fee shall be referred to the mayor and city council for possible modification.

(2) Impact fees may be paid under written protest to obtain a building permit or other approval or permit. (Ord. 2852 § 10 (Exh. A), 2011).

(1) The city of Marysville finance department shall identify the funds collected as to the person paying them, the date paid, and the type of impact fee paid. The finance department shall deposit the fees in special interest-bearing accounts. A separate account shall be established for each type of impact fee. All interest shall be retained in the account and expended for the purposes for which the impact fee was imposed. While maintaining fees in separate accounts, pooled investments may be used.

(2) Park, recreation, open space or trail impact fees shall only be expended on system improvements which are included in the capital facilities chapter of the comprehensive plan.

(3) For system improvements included in the capital facilities chapter, impact fees may be expended on facility planning; land acquisition; site improvements; application fees; necessary off-site improvements; required mitigation; construction, engineering, architectural, permitting, financing, and administrative expenses; relocatable facilities; capital equipment; repayment of system improvement costs previously incurred by the city to the extent that new growth and development will be served by the system improvements; and any other expenses which could be capitalized and are consistent with the capital facilities element.

(4) In the event that bonds or similar debt instruments are issued for the advanced provision of system improvements for which impact fees may be expended and where consistent with provisions of the bond covenants, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section.

(5) Impact fees shall be expended or encumbered for a permissible use within 10 years of the date they are received by the city of Marysville finance department unless the city council makes written findings that there exists an extraordinary and compelling reason for fees to be held longer than 10 years. (Ord. 2986 § 1, 2015; Ord. 2852 § 10 (Exh. A), 2011).

(1) All requests for impact fee refunds shall be made by the owner of the property on which the impact fee was paid and shall be made in writing. The written request shall be submitted to the city of Marysville finance department or its successor, if the city holds the funds. The written request shall be received within one year of the date the right to the claim for the refund arises. Notwithstanding any other provision of this section, where notice of eligibility of a refund is required by subsection (2)(b) of this section, the written request shall be received within one year of the date on which the city mails the notice that the person may be eligible for a refund.

(2) Refunds of Unencumbered Impact Fees.

(a) The current owner of property on which impact fees have been paid may apply for and receive a refund of these fees if the impact fees have not been expended or encumbered within the time limits in MMC 22D.020.090(5) unless the city council has extended the 10-year period by finding that there is an extraordinary and compelling reason to hold such fees for a longer period. Refunds of impact fees under this subsection (2) shall include any interest earned on the impact fees by the city. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a first-in, first-out basis.

(b) If the city holds impact fees beyond the time limits set in MMC 22D.020.090(5), the city shall notify potential claimants by first class mail deposited with the United States Postal Service addressed to the owner of the property as shown in the county tax records or a commercial compendium of the tax records.

(c) Any impact fees that are not expended within the time limits in MMC 22D.020.090(5) and for which no application for a refund has been made within the one-year period set by subsection (1) of this section shall be retained and expended on the system improvements for which the impact fees were imposed.

(3) Refunds of Impact Fees for When Development Does Not Proceed. Any person who was required to pay impact fees may request and shall receive a refund, including interest earned on the impact fees, when both of the following conditions are met:

(a) A final inspection is not requested for the building or, if no building is being constructed as part of the development activity, if the use is not started.

(b) No impact has resulted on the park, recreation, open space or trail facilities. “Impact” shall be deemed to include cases where the city has expended or encumbered the impact fees in good faith before the application for the refund. In the event that the city has expended or encumbered the fees in good faith no refund shall be given. However, if within a period of five years the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner shall be eligible for a credit. The owner shall request the credit in writing by the deadline set for claiming credits and shall provide receipts for the impact fees paid by the owner for a development activity of the same or substantially similar nature on the same property or some part of the property. The planning director shall determine whether to grant a credit, and a decision to deny a credit request may be appealed as an appeal of an administrative decision pursuant to Chapter 22G.010 MMC.

(4) See RCW 82.02.080 or its successor for rules on the termination of impact fee requirements.

(5) The interest due on the refund of impact fees required by this chapter or RCW 82.02.080 or its successor shall be calculated according to the average rate received by the city on invested funds throughout the period during which the impact fees were retained by that local government. (Ord. 2986 § 2, 2015; Ord. 2852 § 10 (Exh. A), 2011).

Each year, the city of Marysville finance department shall prepare a report on each impact fee account showing the source and amount of all moneys collected, earned, or received and the system improvements that were financed in whole or in part by the impact fees. This report may be part of an existing annual report or a separate report. (Ord. 2852 § 10 (Exh. A), 2011).

The city council shall review the fee schedules in MMC 22D.020.050 at least once every four years. (Ord. 2852 § 10 (Exh. A), 2011).

(1) The park, recreation, open space or trail impact fees for MMC 22D.020.050(2) shall be the developer fee obligation (F) calculated using the formula and table in this section.

(2) The impact fee service area for park, recreation, open space or trail impact fees shall be the entire city of Marysville.

(3) Separate fees shall be calculated for single-family residences, mobile/manufactured homes, middle housing, townhouses, multifamily residences, offices, retail trade, manufacturing, and other uses. For the purposes of this chapter, mobile/manufactured homes, middle housing, and townhouses shall be charged the single-family residence rate.

(4) The schedule of fees set forth in MMC 22D.020.050(2) shall be adjusted annually beginning January 1, 2001, based upon the change in the Consumer Price Index (CPI-U) for the Seattle-Everett area for the preceding 12 months for which such CPI data is available.

(Ord. 3366 § 95 (Exh. QQQQ), 2025; Ord. 3352 § 98 (Exh. QQQQ), 2025; Ord. 2852 § 10 (Exh. A), 2011).

If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 2852 § 10 (Exh. A), 2011).

It is the purpose of this chapter to provide for the health, welfare and safety of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. No provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, agents, or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

Nothing contained in this chapter is intended to be, nor shall be construed to create or form the basis for, any liability on the part of the city or its officers, agents and employees for any injury or damage resulting from the failure of any premises to abate a nuisance or to comply with the provisions of this chapter or be a reason or a consequence of any inspection, notice or order, in connection with the implementation or enforcement of this chapter, or by reason of any action of the city related in any manner to enforcement of this chapter by its officer, agents or employees. (Ord. 2852 § 10 (Exh. A), 2011).

In light of the rapid rate of development in the city of Marysville and Snohomish County and the need to provide adequate parks, recreation, open space and trail facilities to serve development, an emergency is hereby declared to exist due to the fiscal impacts of delay on the city and in order to preserve the public health, safety and welfare. (Ord. 2852 § 10 (Exh. A), 2011).

It is hereby found that the acquisition, construction, and improvement of roads to serve new developments in the city of Marysville is a major burden upon city government; that the city is experiencing a rapid, large-scale increase in intensity of land use and in population growth; that rapid growth creates large “front-end” demands for city services, including roads, and causes increased road usage; that existing and projected city funds are not adequate to meet the public’s projected road needs; that failure to ensure that road improvements are made as traffic increases causes severe safety problems, impedes commerce and interferes with the comfort and repose of the public; and that the provisions of this title are necessary to preserve the legislature’s intent that the city, in the exercise of reasonable discretion, retain ultimate responsibility for city services and its financial integrity.

It is further found that the city has the power under existing law to condition development and require road improvements reasonably related to the traffic impact of a proposed development, and that it is appropriate and desirable to set out in this title what will be required of developments, and to establish hereby a uniform method of treatment for similar development impact on road systems. It is further found that the State Growth Management Act (GMA) and RCW 36.70A.070(6)(e) require that “local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development” and that “For the purposes of this subsection [RCW 36.70A.070(6)], ‘concurrent with development’ shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.” It is further found that this title is consistent with and implements the comprehensive plan adopted pursuant to Chapter 36.70A RCW.

It is further found that the total benefits of certain transportation demand management measures in reducing marginal trips are projected to significantly outweigh the total costs. It is further found and declared that the regulations contained in this title are necessary for the protection and preservation of the public health, safety and general welfare. (Ord. 2852 § 10 (Exh. A), 2011).

The purpose of this title is to ensure that public health, safety and welfare will be preserved by having safe and efficient roads serving new and existing developments by requiring all development, as defined in MMC 22D.030.040(10), to mitigate traffic impacts, which may include a proportionate share payment reasonably related to the traffic impact of the proposed development and construction of road improvements and dedication of rights-of-way reasonably necessary as a result of the direct traffic impact of proposed developments.

This title is intended to ensure that city policy for the provision of safe and adequate access and the allocation of responsibility for immediate or future road improvements necessitated by new development is fairly and consistently applied to all developments. The requirements of this title apply to all developments and road systems meeting the definitions of MMC 22D.030.040. Mitigation of impacts on state highways, city streets or county roads will be required in accordance with the provisions of this title when the WSDOT, city or county has reviewed the development’s impact under its policies adopted pursuant to Chapter 36.70A RCW or its formally designated environmental policies, as applicable, and has recommended to the city that there be a requirement to mitigate the impact; and in the event of traffic impacts on state highways or county roads there is an agreement between the city and the other affected agency or jurisdiction which specifically addresses impact identification, documentation, and mitigation, and which references the policies adopted pursuant to Chapter 36.70A RCW and environmental policies formally designated by the agency or jurisdiction as possible bases for the exercise of authority under Chapter 36.70A RCW or State Environmental Policy Act (SEPA).

This title requires the analysis and mitigation of a development’s traffic impact on the public road system. In order to quantify the continuing need for road improvements on the public road system anticipated by projected growth, the public works department is authorized to develop and update a capital facilities element of the comprehensive plan based on and consistent with the comprehensive plan’s transportation element. The capital facilities element shall be used in evaluating the traffic impact of developments and determining necessary mitigation of such impacts. (Ord. 2852 § 10 (Exh. A), 2011).

The requirements of this title, together with the comprehensive plan adopted pursuant to Chapter 36.70A RCW and MMC Title 22, and other development regulations and policies that may be adopted, constitute the policy of the city under the GMA and SEPA for the review of development and the determination of significant adverse environmental impacts and imposition of mitigation requirements due to the impacts of development on the transportation system. Measures required by this title shall constitute adequate mitigation of adverse or significant adverse environmental impacts on the road system for the purposes of Chapter 22E.030 MMC to the extent that the director determines the specific impacts of the development are adequately addressed by this title in accordance with Chapter 43.21C RCW as allowed by Chapter 36.70B RCW.

As a policy of the city, the provisions of this title do not limit the ability of the approving authority to impose mitigation requirements for the direct impacts of development on state highways, or county streets, where the other affected jurisdiction lies outside the road system of a development, as defined by this title; provided, that there is an agreement between the city and another affected jurisdiction which specifically addresses level of service standards, impact identification, documentation, and mitigation, and which references the environmental policies formally designated by the agency or jurisdiction and it is determined that an adverse environmental impact would result from the approval of a development without the imposition of such additional mitigation measures. In accordance with RCW 43.21C.065 and 82.02.100, a person required to make a proportionate share mitigating payment under a SEPA payment program or pay an impact fee under a GMA mandatory impact fee program shall only be required to make a payment or pay a fee pursuant to either SEPA or the GMA, but not both for the same system improvements. (Ord. 2852 § 10 (Exh. A), 2011).

(1) “Approving authority” means the city employee, agency or official having authority to issue the approval or permit for the development involved.

(2) “Arterial unit” means a road, segment of a road, or portion of a road or a system of roads, or intersection, consistent with the level of service methodology adopted in the city transportation element of the comprehensive plan and consistent with the criteria established by the director, for the purpose of making level of service concurrency determinations.

(3) “Arterial unit in arrears” means any arterial unit operating below the adopted level of service standard adopted in the transportation element of the comprehensive plan, except where improvements to such a unit have been programmed in the city six-year transportation improvement program adopted pursuant to RCW 36.81.121 with funding identified that would remedy the deficiency within six years.

(4) “Capacity improvements” means any improvements that increase the vehicle and/or people moving capacity of the road system.

(5) “Capital facilities plan” means all documents comprising the capital facilities element of the comprehensive plan that, for capital facilities, consists of an inventory of facilities owned by public entities, forecasts of future needs, new and expanded facilities, and a multi-year financing plan, adopted pursuant to Chapter 36.70A RCW.

(6) “Comprehensive plan” means the generalized, coordinated land use policy statement of the city council adopted pursuant to Chapter 36.70A RCW, which may include a land use plan, a capital facilities plan, a transportation element, subarea plans and any such other documents or portions of documents identified as constituting part of the comprehensive plan under Chapter 36.70A RCW.

(7) “Dedication” means conveyance of land to the city for road purposes by deed or some other instrument of conveyance or by dedication on a duly filed and recorded plat or short plat.

(8) “Department” means either the city of Marysville public works or community development department, whichever department is relevant to the city action being referred to in this title.

(9) “Developer” means the person applying for or receiving a permit or approval for a development as defined in subsection (10) of this section.

(10) “Development” means all the subdivisions, short subdivisions, industrial or commercial building permits, conditional use permits, binding site plans (including those associated with rezone applications), or building permits (including building permits for single-family detached, middle housing, townhouses, multifamily, and all similar uses), changes in occupancy and other applications pertaining to land uses that:

(a) Require land use permits or approval by the city of Marysville; or

(b) Which are located in areas of the county or other cities and which will impact the city of Marysville’s public road system.

“Development” does not include building permits for single-family detached, accessory dwelling units, or duplex conversions on existing tax lots.

(11) “Direct traffic impact” means any new vehicular trip added by new development to its road system as defined in subsection (20) of this section.

(12) “Director” means the director of the city of Marysville department of either public works or community development or his/her authorized designee, whichever director is relevant to the city action being referred to in this title.

(13) “Frontage improvements” means improvements on roadways abutting a development and tapers thereto required as a result of a development. Generally, frontage improvements shall consist of appropriate base materials; curb, gutter, and sidewalk; storm drainage improvements; bus pullouts and waiting areas where necessary; bicycle lanes and bicycle paths where applicable; and lane improvements.

(14) “Highway capacity manual” means the current Highway Capacity Manual, Transportation Research Board, National Research Council, 2101 Constitution Avenue, Washington, D.C.; amendments thereto; and any supplemental editions or documents published by the Transportation Research Board adopted by the U.S. Department of Transportation, Federal Highway Administration.

(15) “Inadequate road condition” means any road condition, whether existing on the road system or created by a new development’s access or impact on the road system, which jeopardizes the safety of road users, including nonautomotive users, as determined by the city engineer in accordance with the department policy and procedure for the determination of inadequate road conditions.

(16) “Level of service (LOS)” means a qualitative measure describing operational conditions within a traffic stream, and the perception thereof by road users. Level of service standards may be evaluated in terms such as speed and travel time, freedom to maneuver, traffic interruptions, comfort, convenience, geographic accessibility, and safety. The highway capacity manual defines six levels of service for each type of facility for which analysis procedures are available. They are given letter designations, from A to F, with level-of-service A representing the best operating condition, and level-of-service F the worst. For the purposes of this title, level of service will be measured only on arterial units.

(17) “Off-site road improvement” means improvement, except a frontage improvement, to an existing or proposed city or county road outside the boundaries of a development, which improvement is required or recommended in accordance with this title.

(18) “Public agency” means any school district, public water, sewer or utility district; fire district; airport district; public transportation benefit area; or local government agency seeking a land use permit or approval reviewed under this title.

(19) “Road” means an open, public way for the passage of vehicles that, where appropriate, may include pedestrian, equestrian and bicycle facilities. Limits include the outside edge of sidewalks, or curbs and gutters, paths, walkways, or side ditches, including the appertaining shoulder and all slopes, ditches, channels, waterways, and other features necessary for proper drainage and structural stability within the right-of-way or access easement.

(20) “Road system” means those existing or proposed public roads, whether state, county or city (including freeway interchanges with county roads or city streets and the ramps for those interchanges but excluding freeway mainlines), within the transportation service area.

(21) “Transportation element” means the element of the city comprehensive plan that for transportation consists of goals and policies, an inventory of facilities and services, adopted level of service standards, an analysis of deficiencies and needs, system improvements and management strategies and a multi-year financial plan, adopted pursuant to Chapter 36.70A RCW.

(22) “Transportation service area” means a geographic area of the city, as defined in the transportation element, identified for the purpose of evaluating the transportation impacts of development, determining proportionate shares of needed transportation improvements and allocating revenue to transportation improvement projects.

(23) “WSDOT” means the Washington State Department of Transportation. (Ord. 3366 § 96 (Exh. RRRR), 2025; Ord. 3352 § 99 (Exh. RRRR), 2025; Ord. 2852 § 10 (Exh. A), 2011).

(1) Applicability to Development – General. Any application for approval of a permit for a development in the city of Marysville is subject to the provisions of this title.

(2) Director’s Recommendation, Approval.

(a) In approving or permitting a development, the approving authority shall consider the director’s recommendations and act in conformity with this title.

(b) The director shall only recommend approval of a development if, in the director’s opinion, adequate provisions for public roads, access, and mitigation of the transportation impacts of the development are made as provided in the city’s development regulations, SEPA, and this title.

(c) The director shall only recommend approval of a development if the development is deemed to be concurrent in accordance with MMC 22D.030.070(6).

(3) Excessive Expenditure of Public Funds. If the location, nature, and/or timing of a proposed development necessitates the expenditure of public funds in excess of those currently available for the necessary road improvement or inconsistent with priorities established to serve the general public benefit, and provision has not otherwise been made to meet the mitigation requirements as provided in this title, the city may refuse to approve or grant a permit for development. As an alternative, the city may allow the developer to alter the proposal so that the need for road improvement is lessened or may provide the developer with the option of bearing all or more than the development’s proportionate share of the required road improvement costs, in which case the developer may attempt to recover its investment from subsequent developers whose projects utilize the road improvement.

(4) Development Mitigation Obligations. Any application for approval of a permit for a development shall be reviewed to determine any requirements or mitigation obligations that may be applicable for the following:

(a) Impact on road system capacity;

(b) Impact on specific level of service deficiencies;

(c) Impact on specific inadequate road condition locations;

(d) Frontage improvements requirements;

(e) Access and transportation system circulation requirements;

(f) Dedication or deeding of rights-of-way requirements;

(g) Impact on state highways, and other cities’ and counties’ roads;

(h) Transportation demand management measures.

(5) Road System Capacity Requirements. The direct traffic impacts of any development on the capacity of all arterials and nonarterials in the road system identified as needing future capacity improvements in the currently adopted transportation element will be mitigated either by constructing road improvements which offset the traffic impact of the development or by paying the development’s share of the cost of the future capacity improvements.

(6) Level of Service Standards.

(a) As required by RCW 36.70A.070(6)(b), standards for levels of service on city arterials have been adopted by the city in its comprehensive plan adopted pursuant to the State Growth Management Act. The department will plan, program and construct transportation system capacity improvements for the purpose of maintaining these adopted level of service standards in order to facilitate new development that is consistent with the city’s comprehensive plan.

(b) In accordance with RCW 36.70A.070(6) (e), no development will be approved which would cause the level of service on any arterial unit to fall below the adopted level of service standards unless improvements are programmed and funding identified which would remedy the deficiency within six years.

(c) When the city council determines that excessive expenditure of public funds is not warranted for the purpose of maintaining adopted level of service standards on an arterial unit, the city council may designate, by motion, such arterial unit as being at ultimate capacity. Improvements needed to address operational and safety issues may be identified in conjunction with such ultimate capacity designation.

(d) Level of service standards for arterial units which have been designated by the city council as ultimate capacity arterial units, and that directly connect state routes with a city, may be determined jointly by the state, county and city through an interlocal agreement.

(e) In order to promote efficiency in the transportation system and to maximize the benefits received from public investment through increased use of transit, ridesharing, and nonmotorized transportation, all new developments in the urban area shall provide a projection of sufficient transportation demand management measures to remove a minimum of five percent of a development’s p.m. peak-hour trips from the road system.

(7) Inadequate Pre-Existing Road Conditions.

(a) Mitigation of impacts on inadequate pre-existing road conditions is required in order to improve inadequate roads in accordance with adopted standards, prior to dealing with the impacts of traffic from new development. If such inadequate conditions are found to be existing in the road system at the time of development application review and the development will put three or more p.m. peak-hour trips through the identified locations, the development will be approved only if provisions are made in accordance with MMC 22D.030.070 for improving the inadequate road conditions.

(b) The director or his/her authorized designee, in accordance with the department policy and procedure, will make determinations of road inadequacy for determination of inadequate road conditions.

(8) Frontage Improvements. All developments will be required to make frontage improvements in accordance with MMC 12.02A.090.

(9) Access and Transportation Circulation Requirements. All developments shall be required to provide for access and transportation circulation in accordance with the comprehensive plan and the development regulations applicable to the particular development, to design and construct such access in accordance with the adopted engineering design and development standards, and to improve existing roads that provide access to the development in order to comply with adopted design standards. Access to state highways and city roads shall be in accordance with the applicable state or city standards and requirements.

(10) Right-of-Way Requirements. As provided for by RCW 82.02.020, all developments, as a condition of approval, will be required to deed or dedicate property, as appropriate pursuant to MMC 12.02A.110, when to do so is found by the director or a city hearing entity to be reasonably necessary as a direct result of the proposed development, for improvement, use or maintenance of the road system serving the proposed development.

(11) State Highways, Cities, and Counties.

(a) Any level of service standards and concurrency requirements established in accordance with RCW 36.70A.070 for state highways will be addressed by a letter of understanding or an interlocal agreement between the city and WSDOT. All developments will be required to mitigate impacts that are under the jurisdiction of the WSDOT that are part of the transportation service area. The mitigating measures recommended by WSDOT will be imposed as a condition of development approval to the extent that such requirements are reasonably related to the impact of the proposed development and consistent with the terms of a letter of understanding or an interlocal agreement between the city and WSDOT.

(b) Any level of service standards and concurrency requirements established in accordance with RCW 36.70A.070 for roads under the jurisdiction of other cities or the county will be addressed by an interlocal agreement between the city and the other city or county. The measures recommended by the county or other city will be imposed as a condition of development approval to the extent that such requirements are reasonably related to the impact of the proposed development and consistent with the terms of an interlocal agreement between the city and the other agency.

(12) Director Authorization for Administrative Policies and Technical Procedures. The director is hereby authorized to produce and maintain administrative policies and technical procedures in order to administer this title. The policies and procedures shall cover the various aspects of processing land use applications and shall set forth any necessary procedural requirements for developers to follow in order for their applications to be processed by staff in an efficient manner. The director shall produce administrative policies and technical procedures on at least the following topics:

(a) Traffic studies: scoping, elements, processing;

(b) Level of service determination: methodology, data collection;

(c) Transit compatibility: transit supportive criteria;

(d) Inadequate road conditions: criteria for identification;

(e) Frontage improvements: standards, variables;

(f) Mitigation measures: extent, timing, agreements.

(13) Development Permit Application Completeness. For purposes of this title, permit applications for development shall be determined to be complete in accordance with the complete application provisions as defined in the applicable development regulations in accordance with Chapter 36.70B RCW. A development permit application shall not be considered complete until all traffic studies or data required in accordance with MMC 22D.030.060 and/or specified in the preapplication meeting required by MMC 22G.010.030 are received. Review periods and time limits shall be as established in Chapter 22G.010 MMC in accordance with RCW 36.70A.065 and 36.70A.440 as recodified by ESHB 1724, Chapter 347, Laws of 1995. (Ord. 2852 § 10 (Exh. A), 2011).

(1) When Required. In order to provide sufficient information to assess a development’s impact on the road system, developments adding three or more p.m. peak-hour trips will be required to provide a traffic study when it has been determined at the presubmittal meeting that there is not sufficient information existing in the department’s database to adequately assess the traffic impacts of the development. The traffic study will consist of at least traffic generation and distribution. The director may require that additional information be provided on impacts of the development to level of service of affected streets, inadequate road conditions, adequacy of the proportionate share calculations of any voluntary payments required under this title to reasonably or adequately mitigate for impacts of the proposed development, and conformance with the adopted transportation element. The director shall determine at the preapplication conference the need for a study and the scope of analysis of any needed study. The director shall also determine if the traffic study may rely on the Institute of Transportation Engineers (ITE) Trip Generation Manual.

If, in the opinion of the director, there is sufficient information known about a development’s road system from previous traffic studies, the director may waive the requirement for a traffic study and so state the finding in the preapplication meeting. In such cases, the existing information will be used to establish any necessary traffic mitigation requirements to be recommended in the review of the development. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Determination of Developer Obligations.

(a) Applications which have a prior SEPA threshold determination establishing developer obligation for the transportation impacts at time of enactment of the ordinance codified in this section shall be vested under the development obligation identified under SEPA.

(b) A determination of developer obligation shall be made by the city before approval of preliminary plats, short subdivisions, and conditional use permits. For binding site plans (including those associated with rezone applications) and commercial permits, the determination of developer obligation shall be made prior to issuance of a building permit.

(c) Mitigation measures imposed as conditions of approval of conditional use permits or binding site plans shall remain valid until the expiration date of the concurrency determination for a development. Any building permit application submitted after the expiration date shall be subject to full reinvestigation of traffic impacts under this title before the building permit can be issued. Determination of new or additional impact mitigation measures shall take into consideration, and may allow credit for, mitigation measures fully accomplished in connection with approval of the conditional use permit, the binding site plan, or prior building permits pursuant to a binding site plan, only where those mitigation measures addressed impacts of the current building permit application.

(d) The director, following review of any required traffic study and any other pertinent data, shall inform the developer in writing what the development’s impacts and mitigation obligations are under this title. The developer shall make a written proposal for mitigation of the development’s traffic impact, except when such mitigation is by payment of any impact fee under the authority provided to the city under RCW 82.02.050(2). When the developer’s written proposal has been reviewed for accuracy and completeness by the director, the director shall make a recommendation to the community development department as to the concurrency determination and conditions of approval or reasons for recommending denial of the land use application, citing the requirements of this title.

(e) For developments which require a public hearing, a developer must submit a written proposal to the director for mitigation of the development’s traffic impact, except where such mitigation is by payment of any impact fee under the authority provided to the city under RCW 82.02.050(2). The written proposal must be submitted after any required traffic study has been reviewed and the director has stated the mitigation requirements pursuant to this chapter.

(f) Any request to amend a proposed development, following the determination of developer obligations and approval of the development, which causes an increase in the traffic generated by the development, or a change in points of access, shall be processed in the same manner as an original application and determined to be a substantial project revision, except where written concurrence is provided by the community development director that such request may be administratively approved.

(2) Road System Capacity Requirements.

(a) All developments must mitigate their impact upon the future capacity of the road system either by constructing off-site road improvements which offset the traffic impact of the development or by paying the development’s proportionate share cost of the future capacity improvements as set forth in subsection (3) of this section.

(b) Construction Option – Requirements.

(i) If a developer chooses to mitigate the development’s impact to the road system capacity by constructing off-site road improvements, the developer must investigate the impact, identify improvements, and offer a construction plan to the director for construction of the off-site improvements.

(ii) In cases where two or more developers have agreed to fully fund a certain improvement, the proportionate sharing of the costs shall be on any basis that the developers agree among themselves would be equitable. Under such an arrangement, the terms of the agreement shall be binding on each development as conditions of approval.

(iii) Any developer who volunteers to construct more than the development’s share of the cost of off-site improvements may apply for a reimbursement contract.

(c) Payment Option – Requirements.

(i) If a developer chooses to mitigate the development’s impact by making a proportionate share mitigating payment, the development’s share of the cost of future capacity improvements will be equal to the development’s peak-hour traffic (PHT) times the per-trip amount as identified in the transportation element of the comprehensive plan, as codified below.

(ii) If a developer chooses to mitigate the development’s impact by making a proportionate share mitigating payment, the payment is required prior to building permit issuance unless the development is a subdivision or short subdivision, wherein the payment is required prior to the recording of the subdivision or short subdivision.

(iii) Any developer who volunteers to pay more than the development’s share of the cost of off-site improvements may apply for a reimbursement contract.

(3) Traffic Impact Fee.

(a) The proportionate share fee amount shall be calculated in accordance with the formula established in Table I:

The fee amount resulting from Step 5 is the required traffic impact fee payment.

(b) Data needed for calculation of the fee amount shall be provided in the adopted transportation element and street capital facility plan contained within the adopted city comprehensive plan, which data shall be updated at least annually.

(4) Temporary Enhanced Discount. For a period of three years from the effective date of the ordinance codified in this section, the discount referenced in step 6 of Table I (and which is based on data contained in Appendix A, Traffic Impact Fee Methodology, of the city’s Transportation Element) shall be adjusted from seven percent to 22 percent. From and after three years of the effective date of the ordinance codified in this section the subject discount shall automatically revert to seven percent without further action of the Marysville city council.

(5) Traffic Impact Fee Exemption.

(a) Traffic Impact Fee Exemption Established. Pursuant to RCW 82.02.060(2) and (4), there is hereby established an exemption from the traffic impact fee set forth in subsection (3) of this section for development activity which meets the criteria of subsection (5)(c) of this section.

(b) Application for Traffic Impact Fee Exemption. Any developer applying for or receiving a building permit which meets the criteria set forth in subsection (5)(c) of this section may apply to the director of public works or designee for an exemption from the traffic impact fee established pursuant to subsection (3) of this section. Said application shall be on forms provided by the city and shall be accompanied by all information and data the city deems necessary to process the application. To the extent it is authorized by law the city shall endeavor to keep all proprietary information submitted with said application confidential; provided, however, this section shall not create or establish a special duty to do so.

(c) Exemption Criteria. To be eligible for the traffic impact fee exemption established by this section, the applicant shall meet each of the following criteria:

(i) The applicant must be a new commercial retail business in the Marysville city limits. For purposes of this section, “new commercial retail business” shall mean any business which sells retail goods and services which are subject to the retail sales tax provisions of Chapter 3.84 MMC and which applies for a building permit and which is subject to payment of traffic impact fees pursuant to this title.

(ii) Based on similar store sales or other reliable data, as determined by the city, the applicant must demonstrate that it is likely to generate to the city of Marysville average annual city of Marysville portion sales and use tax revenue of at least $200,000 based upon the three-year period commencing from date of certificate of occupancy.

(iii) The applicant must be a new retail business located within one of the following prescribed land use zones: light industrial (LI), general commercial (GC), community business (CB), mixed use (MU), downtown core (DC), downtown commercial (DTC), main street (MS), or flex (F).

(d) Administration of Traffic Impact Fee Exemption.

(i) Upon acceptance of an application for exemption from traffic impact fees pursuant to subsection (5)(b) of this section, the applicant shall pay to the city the full amount of the traffic impact fees required pursuant to subsection (3) of this section. Following receipt of the traffic impact fees the city shall deposit and manage the fees as set forth in subsection (5)(e) of this section. At the expiration of a three-year period commencing from the date of issuance of a certificate of occupancy the public works director, with the assistance of the city finance director, shall determine if the average annual city of Marysville portion sales and use tax revenue received by the city meets the minimum amount stated in subsection (5)(c)(ii) of this section. The determination shall be based upon the sales tax reporting requirements of Chapter 3.84 MMC as it now reads or is hereafter amended.

(ii) In the event the three-year average annual city of Marysville portion sales and use tax revenue criterion of subsection (5)(c)(ii) of this section has been met as determined by the director of public works, there shall be an exemption of 50 percent from the traffic impact fees otherwise due pursuant to subsection (3) of this section. In such case, 50 percent of the amount paid to the city pursuant to subsection (5)(d)(i) of this section shall be refunded to the applicant, plus any accrued interest. The remainder of the funds deposited pursuant to subsection (5)(d) of this section shall belong to the city and shall be released to the city.

(iii) In the event the three-year average annual city of Marysville portion sales and use tax revenue criterion of subsection (5)(c)(ii) of this section has not been met, the traffic impact fee required under subsection (3) of this section shall immediately belong to and shall be released to the city; provided, however, in cases where the applicant has met at least 75 percent of the amount set forth in subsection (5)(c)(ii) of this section, the applicant shall receive a partial exemption which shall result in a refund of 25 percent of the amount paid to the city pursuant to subsection (5)(d) of this section plus any accrued interest. The remainder of the funds deposited pursuant to subsection (5)(d) of this section shall belong to the city and shall be released to the city.

(iv) In cases where the applicant has not met either the three-year annual sales and use tax revenue criterion of subsection (5)(c)(ii) of this section or 75 percent thereof, all traffic impact fees paid pursuant to subsection (3) of this section shall belong to the city.

(v) By mutual agreement of the city and the applicant, any refund due under this section may be applied to an obligation or assessment owed by the applicant for city street improvement purposes, including, but not limited to, any obligation or assessment under a local improvement district for streets.

(e) Deposit and Management of Traffic Impact Fees. Traffic impact fees paid by an applicant pursuant to this section and the provisions of subsection (3) of this section shall be deposited by the city into a separate interest bearing account with any qualified public depository for local government as determined by the city. The account holder shall be the city of Marysville. The city may at its option withdraw up to 50 percent of said funds at any time for uses authorized by this title. All other funds deposited in that account shall be used exclusively for payment of refunds to eligible applicants pursuant to subsection (5)(d) of this section and balances, if any, to which the city is entitled. All refunds and interest to which an applicant is entitled shall be paid by the city within 120 days following the three-year period following the issuance of a certificate of occupancy.

(f) Appeals. Any applicant aggrieved by the determination of the director of public works as to whether the criteria of subsection (5)(c) of this section have been met or the eligibility for an exemption from subsection (3) of this section or the amount of refund to which an applicant is entitled pursuant to subsection (5)(d) of this section may file a written appeal to the city’s land use hearing examiner as established by Chapter 22G.060 MMC. The city examiner is hereby specifically authorized to hear and decide such appeals and the decision of the hearing examiner shall be final action of the city and subject to appeal pursuant to MMC 22G.010.540.

(g) Application of Sales and Use Tax Revenue From Businesses Which Receive an Exemption or Partial Exemption.

(i) All sales and use tax received by the city from applicants who receive an exemption or partial exemption from the requirements of this title shall be deposited in a special account to be administered by the city. Said account shall be established to pay traffic impact fees that otherwise would have been paid had an exemption or partial exemption not been granted. Said amounts shall be expended for purposes authorized by and in accordance with the provisions of this title and the provisions of the city’s capital improvement plan for streets. All sales and use tax revenues in excess of the amount paid as traffic impact fees received by the city from the applicant may be deposited in the city’s general fund and may be expended for any lawful purpose as directed by the city council.

(ii) Special Sales Tax Account. The city shall establish by separate ordinance a special sales tax account for the purposes set forth in subsection (5)(g)(i) of this section.

(6) Level of Service Requirements – Concurrency Determinations.

(a) The department shall make a concurrency determination for each development application. The concurrency determination will establish whether the development will impact an arterial unit where the level of service is below the adopted level of service standard, or cause the level of service on an arterial unit to fall below the adopted level of service standard, unless improvements are programmed and funding identified which would remedy the deficiency within six years. In either case, the development will be deemed not concurrent. The approving authority shall not approve any development that is not deemed concurrent under this section. Building permit applications for development within an approved rezone with binding site plan, nonresidential subdivision or short subdivision, for which a concurrency determination has been made in accordance with this section, shall be deemed concurrent; provided, that the building permit will not cause the approved traffic generation of the prior approval to be exceeded, there is no change in points of access, and mitigation required pursuant to the rezone with binding site plan, subdivision or short subdivision approval is performed as a condition of building permit issuance.

(i) The department shall make a concurrency determination upon receipt of a development’s application submittal. The determination may change based upon revisions in the application. Any change in the development after approval will be resubmitted to the director, and the development will be reevaluated for concurrency purposes.

(ii) Concurrency shall expire six years after the date of the concurrency determination, or, in the case of approved residential subdivisions, when the approval expires or when the application is withdrawn or allowed to lapse.

(iii) Building permits for a development must be issued prior to expiration of concurrency for the development. No additional concurrency determination shall apply to residential dwellings within a subdivision or short subdivisions recorded in compliance with this section.

(iv) If concurrency expires prior to building permit issuance, the director shall at the request of the developer consider evidence that conditions have not significantly changed and make a new concurrency determination in accordance with subsection (6)(a)(i) of this section.

(b) In determining whether or not to deem a proposed development as concurrent, the department shall analyze likely road system impacts on arterial units based on the size and location of the development. A development shall be deemed concurrent for the period prior to the expiration date of concurrency for the development.

(i) A development’s forecast trip generation at full occupancy shall be the basis for determining the impacts of the development on the road system. The city will accept valid data from a traffic study prepared under MMC 22D.030.060.

(c) A concurrency determination made for a proposed development under this section will evaluate the development’s impacts on any arterial units in arrears.

(i) If a development which generates 10 or more p.m. peak-hour trips, or a nonresidential development which generates five or more p.m. peak-hour trips, is proposed to affect an arterial unit in arrears, then the development may only be deemed concurrent based on a trip distribution analysis to determine the impacts of the development. Impacts shall be determined based on each of the following:

(A) If the trip distribution analysis indicates that the development will not place three or more p.m. peak-hour trips on any arterial units in arrears, then the development shall be deemed concurrent.

(B) If the trip distribution analysis indicates that the development will place three or more p.m. peak-hour trips on any arterial unit in arrears, then the development shall not be deemed concurrent except where the development is deemed concurrent in accordance with the options under subsection (6)(e) of this section.

(d) Any residential development that generates less than 10 p.m. peak-hour trips, or any nonresidential development that generates less than 10 p.m. peak-hour trips, shall be considered to have only minor impact on city arterials for purposes of a concurrency determination on impacts to level of service on arterial units and shall be deemed concurrent.

(e) Any development not deemed concurrent shall have options available to enable the development to be deemed concurrent as follows:

(i) A development which meets the department’s criteria for transit compatibility, in accordance with the director’s policy and procedure for transit compatibility under MMC 22D.030.050(12), shall be deemed concurrent if the impacted arterial unit in arrears meets the criteria for transit supportive design in accordance with the director’s policy and procedure for transit compatibility, and if the level of service on the impacted arterial unit in arrears meets the LOS standards adopted within the comprehensive plan; and provided, that the development can be deemed concurrent in accordance with all other provisions of subsection (6)(c) of this section.

(ii) A development may modify its proposal to lessen its impacts on the road system in such a way as to allow the city to deem the development concurrent under this section.

(iii) The city may deem such development concurrent based upon a written proposal signed by the proponent of the development and attached to the director’s recommendation under MMC 22D.030.050(2), and referenced in the concurrency determination, as a condition of approval.

(A) Such proposal may include conditions which would defer construction of all or identified subsequent phases of a development until such time as the city has made or programmed capacity improvements which would remedy any arterial units in arrears.

(B) Such proposals may include conditions which would defer construction of all or identified subsequent phases of a development until such time as the developer constructs capacity improvements which would remedy any arterial units in arrears.

1. If a developer chooses to mitigate the development’s impact by constructing off-site road improvements, the developer must investigate the impact, identify improvements, and offer a construction plan to the director for construction of the off-site improvements. Construction of improvements shall be in accordance with the engineering design and development standards.

2. In cases where two or more developers have agreed to fully fund a certain improvement, the proportionate sharing of the cost shall be on any basis that the developers agree among themselves would be equitable. Under such an arrangement, the terms of the agreement shall be binding on each development as conditions of approval.

3. Any developer who volunteers to construct off-site improvements of greater value than any proportionate share mitigating payment imposed under this title to mitigate the development’s impact on the future capacity of city roads may apply for a reimbursement contract.

4. Any developer who chooses to mitigate a development’s impact by constructing off-site improvements may propose to the council that a joint public/private partnership be established to jointly fund and/or construct the proposed improvements. The director will determine whether or not such a partnership is to be established.

5. Construction of capacity improvements under this section must be complete or under contract prior to the issuance of any building permits and must be complete prior to approval for occupancy or final inspection; provided, that where no building permit will be associated with a change in occupancy, then construction of improvements is required as a precondition to approval.

(f) Adopted Level of Service. The level of service for principal, minor, and collector arterials at signalized intersections shall be at a LOS consistent with the transportation element of the comprehensive plan using the operational method as a standard of review.

(7) Inadequate Road Condition Requirements.

(a) Regardless of the existing level of service, development which adds three or more p.m. peak-hour trips to an inadequate road condition existing on the road system, at the time of determination in accordance with subsection (1) of this section, or development whose traffic will cause an inadequate road condition at the time of full occupancy of the development will only be approved for occupancy or final inspection when provisions are made in accordance with this chapter for elimination of the inadequate road condition. The improvements removing the inadequate road condition must be complete or under contract before a building permit on the development will be issued and the road improvement must be complete before any certificate of occupancy or final inspection will be issued; provided, that where no building permit will be associated with a conditional use permit, then the improvements removing the inadequate road condition must be complete as a precondition to approval.

(b) The director shall determine whether or not a location constitutes an inadequate road condition. Any known inadequate road condition to which the development adds three or more p.m. peak-hour trips shall be identified as part of the director’s recommendation under subsection (6) of this section.

(c) A development’s access onto a public road shall be designed so as not to create an inadequate road condition. Developments shall be designed so that inadequate road conditions are not created.

(d) Construction Option – Requirements.

(i) If a developer chooses to eliminate an inadequate road condition by constructing off-site road improvements, the developer must investigate the impact, identify improvements, and offer a construction plan to the director for construction of the off-site improvements.

(ii) In cases where two or more developers have agreed to fully fund a certain improvement, the proportionate sharing of the costs shall be on any basis that the developers agree among themselves would be equitable. Under such an arrangement, the terms of the agreement shall be binding on each development as conditions of approval.

(iii) Any developer who volunteers to construct off-site improvements of greater value than any proportionate share mitigating payment imposed under this title to mitigate the development’s impact on the future capacity of city roads, which are contained within the cost basis, contained within the transportation element, or which are not part of the cost basis of any proportionate share mitigating payment imposed under this title to mitigate the development’s impact on the future capacity of city roads, and therefore not credited against any proportionate share mitigating payment, may apply for a reimbursement contract.

(8) Special Circumstances. Where the only remedy to an arterial unit in arrears is the installation of a traffic signal, but signalization warrants contained in the current edition of the Manual on Uniform Traffic Control Devices (MUTCD) are not met at present, developments impacting the arterial unit will be allowed to proceed without the installation of the traffic signal; provided, that all other warranted level of service and transit-related improvements are made on the arterial unit within the deficient level of service. Developments impacting such arterial units will not be issued building permits or occupancies (whichever comes first) until the improvements (not including the traffic signal) to the level of service deficient arterial unit are under contract or being performed. Such developments will be subject to all other obligations as specified in this title.

(9) Administration of Traffic Impact Fees.

(a) Any traffic impact fees made pursuant to this title shall be subject to the following provisions:

(i) Except as otherwise provided in this section and MMC Title 22, the traffic impact fee payment is required prior to building permit issuance unless the development is a subdivision or short subdivision, in which case the payment shall be made prior to the recording of the subdivision or short subdivision; provided, that where no building permit will be associated with a change in occupancy or conditional use permit then payment is required prior to approval of occupancy.

(ii) The traffic impact fees shall be held in a reserve account and shall be expended to fund improvements on the road system.

(iii) An appropriate and reasonable portion of traffic impact fees collected may be used for administration of this title.

(iv) The fee payer may receive a refund of such fees if the city fails to expend or encumber the impact fees within six years of when the fees were paid, or other such period of time established pursuant to RCW 82.02.070(3), on transportation facilities intended to benefit the development for which the traffic impact fees were paid, unless the city council finds that there exists an extraordinary and compelling reason for fees to be held longer than six years. These findings shall be set forth in writing and approved by the city council. In determining whether traffic impact fees have been encumbered, impact fees shall be considered encumbered on a first-in first-out basis. The city shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of claimants.

(v) The request for a refund must be submitted by the applicant to the city in writing within 90 days of the date the right to claim the refund arises, or the date that notice is given, whichever is later. Any traffic impact fees that are not expended within these time limitations, and for which no application for a refund has been made within this 90-day period, shall be retained and expended on projects identified in the adopted transportation element. Refunds of traffic impact fees under this subsection shall include interest earned on the impact fees.

(b) Off-site improvements include construction of improvements to mitigate an arterial unit in arrears and/or specific inadequate road condition locations. If a developer chooses to construct improvements to mitigate an arterial unit in arrears or inadequate road condition problem, and the improvements constructed are part of the cost basis of any traffic impact fees imposed under this title to mitigate the development’s impact on the future capacity of city roads, the cost of these improvements will be credited against the traffic impact fee amount; provided, that the amount of the cost to be credited shall be the estimate of the public works director as to what the city’s cost would be to construct the improvement. Any developer who volunteers to pay for and/or construct off-site improvements of greater value than any traffic impact fees imposed under this title, to mitigate the development’s impact on the future capacity of city roads, based on the cost basis contained within the transportation element, or which are not part of the cost basis of any traffic impact fees imposed under this title to mitigate the development’s impact on the future capacity of city roads, and therefore not credited against the traffic impact fees, may apply for a reimbursement contract.

(c) Deferral of Impact Fees Allowed.

(i) Required payment of impact fees may be deferred to final inspection for single-family detached, middle housing, or townhouses.

(ii) Payment of required impact fees for a commercial building, or industrial building, may be deferred from the time of building permit issuance in accordance with following:

(A) Fifty percent of the impact fees shall be paid prior to approved occupancy of the structure; and

(B) The remaining 50 percent of the impact fees shall be paid within 18 months from the date of building occupancy, or when ownership of the property is transferred, whichever is earlier.

(iii) The community development department shall allow an applicant to defer payment of the impact fees when, prior to submission of a building permit application for deferment under subsection (9)(c)(i) of this section or prior to final inspection for deferment under subsection (9)(c)(ii) of this section, the applicant:

(A) Submits a signed and notarized deferred impact fee application and acknowledgment form for the development for which the property owner wishes to defer payment of the impact fees; and

(B) With regard to deferred payment under subsection (9)(c)(ii) of this section, records a lien for impact fees against the property in favor of the city in the total amount of all deferred impact fees for the development. The lien for impact fees shall:

1. Be in a form approved by the city attorney;

2. Include the legal description, tax account number and address of the property;

3. Be signed by all owners of the property, with all signatures as required for a deed, and recorded in the county in which the property is located;

4. Be binding on all successors in title after the recordation; and

5. Be junior and subordinate to one mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees.

(iv) In the event that the impact fees are not paid in accordance with subsection (9)(c)(ii) of this section, the city shall institute foreclosure proceedings under the process set forth in Chapter 61.12 RCW, except as revised herein. In addition to any unpaid impact fees, the city shall be entitled to interest on the unpaid impact fees at the rate provided for in RCW 19.52.020 and the reasonable attorney fees and costs incurred by the city in the foreclosure process. Notwithstanding the foregoing, prior to commencement of foreclosure, the city shall give not less than 30 days’ written notice to the person or entity whose name appears on the assessment rolls of the county assessor as owner of the property via certified mail with return receipt requested and regular mail advising of its intent to commence foreclosure proceedings. If the impact fees are paid in full to the city within the 30-day notice period, no attorney fees, costs and interest will be owed.

(v) In the event that the deferred impact fees are not paid in accordance with this section, and in addition to foreclosure proceedings provided in subsection (9)(c)(iv) of this section, the city may initiate any other action(s) legally available to collect such impact fees.

(vi) Upon receipt of final payment of all deferred impact fees for the development, the department shall execute a separate lien release for the property in a form approved by the city attorney. The property owner, at their expense, will be responsible for recording each lien release.

(vii) Compliance with the requirements of the deferral option shall constitute compliance with the conditions pertaining to the timing of payment of the impact fees. (Ord. 3366 § 97 (Exh. SSSS), 2025; Ord. 3352 § 100 (Exh. SSSS), 2025; Ord. 3260 § 14 (Exh. N), 2023; Ord. 3193 § 24, 2021; Ord. 2997 § 2, 2015; Ord. 2986 § 5, 2015; Ord. 2907 § 1, 2012; Ord. 2904 § 2, 2012; Ord. 2858 § 1, 2011; Ord. 2852 § 10 (Exh. A), 2011).

(1) The chief administrative officer, or designee, may grant a partial exemption of not more than 50 percent of transportation impact fees, with no explicit requirement to pay the exempted portion of the fee from public funds for new low-income housing units in accordance with the conditions specified under RCW 82.02.060(2).

(2) To qualify for the exemption, the developer shall submit an application to the community development director for consideration by the city prior to application for building permit. Projects which have submitted a building permit prior to the ordinance codified in this section taking effect and which do not have an occupancy permit may apply after the effective date of the ordinance codified in this section, but prior to receiving an occupancy permit.

(3) The following factors will be considered in a decision to grant, partially grant, or deny an exemption:

(a) The public benefit of the specific project;

(b) The extent to which the applicant has sought other funding sources;

(c) The financial hardship to the project of paying the transportation impact fees;

(d) That the applicant is a nonprofit housing developer;

(e) The impacts of the project on public facilities and services; and

(f) The consistency of the project with adopted city plans and policies relating to low-income housing.

(4) The determination of the chief administrative officer shall be a final decision with respect to the exemption of traffic impact fees.

(5) Any claim of exemption not made before the payment of the traffic impact fee is waived.

(6) An exemption granted under this subsection must be conditioned upon requiring the developer to record a covenant approved by the community development director that prohibits using the property for any purpose other than for low-income housing. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and require that, if the property is converted to a use other than for low-income housing as defined in the covenant, the property owner must pay the applicable transportation impact fees in effect at the time of any conversion. Covenants required by this subsection must be recorded with the Snohomish County auditor.

(7) For purposes of this section, “low-income housing” is defined as any housing with a monthly housing expense that is no greater than 30 percent of 50 percent of the median family income adjusted for family size, for Marysville, as reported by the United States Department of Housing and Urban Development. (Ord. 3038 §§ 1, 2 (Exh. A), 2016).

Administrative interpretations and administrative approvals made pursuant to this chapter may be appealed to the hearing examiner pursuant to MMC 22G.010.530. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Severability. If any section, subsection, sentence, clause, phrase or word of this title should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this title.

(2) No Special Duty. It is the purpose of this chapter to provide for the health, welfare and safety of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. No provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, agents or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory. Nothing contained in this chapter is intended to be, nor shall be construed to create or form the basis for, any liability on the part of the city or its officers, agents and employees for any injury or damage resulting from the failure of any premises to abate a nuisance or to comply with the provisions of this chapter or be a reason or a consequence of any inspection, notice or order, in connection with the implementation or enforcement of this chapter, or by reason of any action of the city related in any manner to enforcement of this chapter by its officers, agents or employees.

(3) Emergency. In light of the rapid rate of development in the city of Marysville and Snohomish County and the need to provide adequate streets and transportation facilities to serve development, an emergency is hereby declared to exist due to the fiscal impacts of delay on the city and in order to preserve the public health, safety and welfare. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Purposes. The purposes of this title are:

(a) To ensure that adequate school facilities are available to serve new growth and development; and

(b) To require that new growth and development pay a proportionate share of the costs of new school facilities needed to serve new growth and development.

(2) Applicability. The terms of this title shall apply to all development for which a complete application for approval is submitted on or after the effective date of the ordinance codified in this chapter, except for development that was the subject of a prior SEPA threshold determination that provided for school mitigation. An application will only be considered complete if the city has issued a letter of completeness pursuant to MMC 22G.010.050. All building permit applications accepted by the department prior to the effective date of the ordinance codified in this chapter, or for development that was the subject of a prior SEPA threshold determination that included provisions for school mitigation, shall be reviewed pursuant to the city of Marysville environmental policy ordinance, Chapter 22E.030 MMC. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Words Defined by RCW 82.02.090. Words used in this chapter and defined in RCW 82.02.090 shall have the same meaning assigned in RCW 82.02.090 unless a more specific definition is contained in subsection (2) of this section.

(2) Other Definitions.

(a) “Average assessed value” means the district’s average assessed value for each dwelling unit type.

(b) “Boeckh index” means the current construction trade index of construction costs for each school type.

(c) “Capital facilities” means school facilities identified in a school district’s capital facilities plan and are “system improvements” as defined by the GMA as opposed to localized “project improvements.”

(d) “Capital facilities plan” means a district’s facilities plan adopted by its school board consisting of those elements required by MMC 22D.040.030 and meeting the requirements of the GMA.

(e) “Council” means the Marysville city council.

(f) “County” means Snohomish County.

(g) “Department” means the city of Marysville planning and building department.

(h) “Developer” means the proponent of a development activity, such as any person or entity who owns or holds purchase options or other development control over property for which development activity is proposed.

(i) “Development” means all subdivisions, short subdivisions, conditional or special use permits, binding site plan approvals, rezones accompanied by an official site plan, or building permits (including building permits for single-family detached, middle housing, townhouses, and multifamily residential structures, and all similar uses) and other applications requiring land use permits or approval by the city of Marysville.

(j) “Development activity” means any residential construction or expansion of a building, structure or use of land, or any other change in use of a building, structure, or land that creates additional demand and need for school facilities, but excluding building permits for remodeling or renovation permits which do not result in additional dwelling units. Also excluded from this definition is “housing for older persons” as defined by 46 U.S.C. Section 3607, when guaranteed by a restrictive covenant, and new single-family detached units constructed on legal lots created prior to the effective date of the ordinance codified in this chapter.

(k) “Development approval” means any written authorization from the city which authorizes the commencement of a development activity.

(l) “Director” means the city planner or the city planner’s designee.

(m) “District” means a school district whose geographic boundaries include areas within the city of Marysville.

(n) “District property tax levy rate” means the district’s current capital property tax rate per $1,000 of assessed value.

(o) “Dwelling unit type” means:

(i) Single-family residences;

(ii) Middle housing units as defined in MMC 22A.020.140 (excluding accessory dwelling units);

(iii) Multifamily studio or one-bedroom apartment or condominium units; and

(iv) Multifamily multiple-bedroom apartment or condominium units.

(v) Townhouse units as defined in MMC 22A.020.210.

(p) “Encumbered” means school impact fees identified by the district to be committed as part of the funding for capital facilities for which the publicly funded share has been assured, development approvals have been sought or construction contracts have been let.

(q) “Estimated facility construction cost” means the planned costs of new schools or the actual construction costs of schools of the same grade span recently constructed by the district, including on-site and off-site improvement costs. If the district does not have this cost information available, construction costs of school facilities of the same or similar grade span within another district are acceptable.

(r) “Facility design capacity” means the number of students each school type is designed to accommodate, based on the district’s standard of service as determined by the district.

(s) “Grade span” means a category into which a district groups its grades of students (e.g., elementary, middle or junior high, and high school).

(t) “Growth Management Act/GMA” means the Growth Management Act, Chapter 17, Laws of the State of Washington of 1990, First Executive Session, as now in existence or as hereafter amended.

(u) “Interest rate” means the current interest rate as stated in the Bond Buyer Twenty Bond General Obligation Bond Index.

(v) “Land cost per acre” means the estimated average land acquisition cost per acre (in current dollars) based on recent site acquisition costs, comparisons of comparable site acquisition costs in other districts, or the average assessed value per acre of properties comparable to school sites located within the district.

(w) “Middle housing unit” means any residential dwelling unit meeting the definition of middle housing in MMC 22A.020.140, excluding accessory dwelling units.

(x) “Multifamily unit” means any residential dwelling unit meeting the definition of multifamily dwelling unit in MMC 22A.020.140.

(y) “Permanent facilities” means school facilities of the district with a fixed foundation.

(z) “Relocatable facilities” means factory-built structures, transportable in one or more sections, that are designed to be used as education spaces and are needed to prevent the overbuilding of school facilities, to meet the needs of service areas within a district, or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities.

(aa) “Relocatable facilities cost” means the total cost, based on actual costs incurred by the district, for purchasing and installing portable classrooms.

(bb) “Relocatable facilities student capacity” means the rated capacity for a typical portable classroom used for a specified grade span.

(cc) “School impact fee” means a payment of money imposed upon development as a condition of development approval to pay for school facilities needed to serve new growth and development. The school impact fee does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, or the cost of reviewing independent fee calculations.

(dd) “Single-family unit” means any detached residential dwelling unit designed for occupancy by a single family or household.

(ee) “Standard of service” means the standard adopted by each district which identifies the program year, the class size by grade span and taking into account the requirements of students with special needs, the number of classrooms, the types of facilities the district believes will best serve its student population, and other factors as identified in the district’s capital facilities plan. The district’s standard of service shall not be adjusted for any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or from any specialized facilities housed in relocatable facilities.

(ff) “State match percentage” means the proportion of funds that are provided to the district for specific capital projects from the state’s common school construction fund. These funds are disbursed based on a formula which calculates district assessed valuation per pupil relative to the whole state assessed valuation per pupil to establish the maximum percentage of the total project eligible to be paid by the state.

(gg) “Student factor (student generation rate)” means the number of students of each grade span (elementary, middle/junior high, high school) that a district determines are typically generated by different dwelling unit types within the district. Each school district will use a survey or statistically valid methodology to derive the specific student generation rate; provided, that the survey or methodology is approved by the Marysville city council as part of the adopted capital facilities plan for each school district.

(hh) “Townhouse unit” means any residential dwelling unit meeting the definition of townhouse as defined in MMC 22A.020.210. (Ord. 3366 § 98 (Exh. TTTT), 2025; Ord. 3352 § 101 (Exh. TTTT), 2025; Ord. 2852 § 10 (Exh. A), 2011).

(1) Capital Facilities Plan Required. Any district serving the city of Marysville shall be eligible to receive school impact fees upon adoption by the council of a capital facilities plan for the district by reference as part of the capital facilities element of the city comprehensive plan. The plan shall meet the requirements of the GMA. Subject to the provisions of this title, these actions will also constitute adoption by the city of the schedule of school impact fees specified in such capital facilities plan.

(2) Expiration of District Plans. For purposes of school impact fee eligibility, a district’s capital facilities plan shall expire two years from the date of its adoption by the council, or when an updated plan meeting the requirements of the GMA is adopted by the council, whichever date first occurs.

(3) Updating of District Plans.

(a) A district’s capital facilities plan shall be updated by the district and transmitted to the city by the district at least 60 days prior to its biennial expiration date. The district’s updated plan shall be submitted by the department to the council for its consideration within 45 days of the department’s receipt of the district’s approved CFP. In the event any district desires to amend its capital facilities plan prior to the biennial expiration date, the district may propose an amendment to be considered by the city, provided such amendments shall be considered by the city no more than once per year unless the board of directors of such district declares, and the city finds, that an emergency exists.

(b) A district’s updated capital facilities plan may include revised data for the fee calculation and a corresponding modification to the impact fee schedule, consistent with the city GMA comprehensive plan. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Minimum Requirements for District Capital Facilities Plans. To be eligible for school impact fees, districts must submit capital facilities plans to the city pursuant to the procedure established by this chapter. Capital facilities plans shall contain data and analysis necessary and sufficient to meet the requirements of the GMA. The plans must provide sufficient detail to allow computation of school impact fees according to the formula contained in MMC 22D.040.050(1), Table 1.

(2) Department Review and Acceptance. Upon receipt of a district’s capital facilities plan (or amendment thereof) the department shall determine the following:

(a) That the analysis contained within the capital facilities plan is consistent with current data developed pursuant to the requirements of the GMA.

(b) That any school impact fee proposed in the district’s capital facilities plan has been calculated using the formula contained in MMC 22D.040.050(1), Table 1.

(c) That the capital facilities plan has been adopted by the district’s board of directors. Upon finding that these requirements have been satisfied, the department shall transmit the capital facilities plan to the council for consideration and adoption.

(3) Council Adoption. Following receipt from the department of a district’s capital facilities plan or amendment thereof, the council shall consider adoption of said plan or amendment by reference as part of the capital facilities element of the city comprehensive plan.

(4) Correction of Deficiencies. Prior to its adoption by the council, should the department find a district’s capital facilities plan to be deficient, the department shall notify the district of the deficiency, identifying the specific matters found to be deficient, and shall indicate the standard for correction. The district shall then have 45 days (or such longer period as may be necessary to comply with applicable legal requirements) to correct the deficiencies and resubmit its revised, adopted capital facilities plan to the department.

(5) Delays. If a district fails to submit its biennial update of the capital facilities plan prior to 60 days before the expiration date, or if the department notifies a district of deficiencies in the district’s proposed capital facilities plan and the district fails to correct identified deficiencies within 45 days (or such longer period as may be necessary to comply with applicable legal requirements), the department shall endeavor, but shall not be obligated, to complete review prior to the plan expiration date. If an updated capital facilities plan has not been adopted by the council prior to the existing plan’s expiration date due to the district’s failure to submit an updated plan, the district shall be ineligible to receive school impact fees until the updated plan has been adopted by the council. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Fee Required. Each development activity, as a condition of approval, shall be subject to the school impact fee established pursuant to this title. The school impact fee shall be calculated in accordance with the formula established in Table 1 of this section. The school impact fee calculated in accordance with the formula established in Table 1 of this section shall then be multiplied by 0.50 to determine the school impact fee due and payable by the applicant.

(2) Impact Fee Schedule – Exemptions. Subject to the provisions of this title, the school impact fees specified in each district’s capital facilities plan and adopted by the council shall constitute the city’s schedule of school impact fees. The department shall, for the convenience of the public, keep available an information sheet summarizing the schedule of school impact fees applicable throughout the city.

(3) Service Areas Established. For purposes of calculating and imposing school impact fees for various land use categories per unit of development, the geographic boundary of each district constitutes a separate service area.

(4) Impact Fee Limitations.

(a) School impact fees shall be imposed for district capital facilities that are reasonably related to the development under consideration, shall not exceed a proportionate share of the costs of system improvements that are reasonably related to the development, and shall be used for system improvements that will reasonably benefit the new development.

(b) School impact fees must be expended or encumbered for a permissible use within 10 years of receipt by the district.

(c) To the extent permitted by law, school impact fees may be collected for capital facilities costs previously incurred to the extent that new growth and development will be served by the previously constructed capital facilities; provided, that school impact fees shall not be imposed to make up for any existing system deficiencies.

(d) A developer required to pay a fee pursuant to RCW 43.21C.060 for capital facilities shall not be required to pay a school impact fee pursuant to RCW 82.02.050 through 82.02.090 and this title for the same capital facilities.

(5) Fee Determination.

(a) On or before the time of development approval, the city shall determine whether school impact fees will be due pursuant to this chapter. Where such fees are due, the development approval shall state that the payment of school impact fees will be required prior to issuance of building permits. The amount of the impact fee due shall be based on the fee schedules in effect at the time a building permit application is accepted by the city. The impact fees shall be paid on or before the time of building permit issuance.

(b) Credit amounts and allocation of credits to be applied against the fees shall be determined at the time of development approval in accordance with subsection (6) of this section.

(c) The final determination of a development activity’s fee obligation under this chapter shall include any credits for in-kind contributions provided under subsection (6) of this section. Final determinations of the amounts of the fee or credit due may be appealed pursuant to the procedures established in MMC 22D.040.070.

(6) Credit for In-Kind Contributions/Existing Lots.

(a) A developer may request and the director may grant a credit against school impact fees otherwise due under this title for the value of any dedication of land or improvement to or new construction of any capital facilities identified in the district’s capital facilities plan provided by the developer. Such requests must be accompanied by supporting documentation of the estimated value of such in-kind contributions. All requests must be submitted to the department in writing prior to its determination of the impact fee obligation for the development activity. Each request for credit will be immediately forwarded to the affected school district for its evaluation.

(b) Where a district determines that a development activity is eligible for a credit for a proposed in-kind contribution, it shall provide the department and the developer with a letter setting forth the justification for and dollar amount of the credit, the legal description of any dedicated property, and a description of the development activity to which the credit may be applied. The value of any such credit may not exceed the impact fee obligation of the development activity in question.

(c) Where there is agreement between the developer and the school district concerning the value of proposed in-kind contributions, their eligibility for a credit, and the amount of any credit, the director may:

(i) Approve the request for credit and adjust the impact fee obligation accordingly; and

(ii) Require that such contributions be made as a condition of development approval.

Where there is disagreement between the developer and the school district regarding the value of in-kind contributions, however, the director may render a decision that can be appealed by either party pursuant to the procedures in MMC 22D.040.070.

(d) For subdivisions, PRDs and other large-scale developments where credits for in-kind contributions or pre-existing lots are proposed or required, it may be appropriate or necessary to establish the value of the credit on a per-unit basis as a part of the development approval. Such credit values will then be recorded as part of the plat or other instrument of approval and will be used in determining the fee obligation, if any, at the time of building permit application for the development activity. In the event that such credit value is greater than the impact fee in effect at the time of permit application, the fee obligation shall be considered satisfied, and the balance of the credit may be transferable to future developments by the applicant within the same school district by agreement with the school district.

(7) SEPA Mitigation and Other Review.

(a) The city shall review development proposals and development activity permits pursuant to all applicable state and local laws and regulations, including the State Environmental Policy Act (Chapter 43.21C RCW), the state subdivision law (Chapter 58.17 RCW), and the applicable sections of the Marysville Municipal Code. Following such review, the city may condition or deny development approval as necessary or appropriate to mitigate or avoid significant adverse impacts to school services and facilities, to assure that appropriate provisions are made for schools, school grounds, and safe student walking conditions, and to ensure that development is compatible and consistent with each district’s services, facilities and capital facilities plan.

(b) Impact fees required by this chapter for development activity, together with compliance with development regulations and other mitigation measures offered or imposed at the time of development review and development activity review, shall constitute adequate mitigation for all of a development’s specific adverse environmental impacts on the school system for the purposes of Chapter 22E.030 MMC. Nothing in this chapter prevents a determination of significance from being issued, the application of new or different development regulations, and/or requirements for additional environmental analysis, protection, and mitigation measures to the extent required by applicable law. (Ord. 2986 § 3, 2015; Ord. 2852 § 10 (Exh. A), 2011).

(1) Collection and Transfer of Fees, Fund Authorized and Created.

(a) Except as otherwise provided in this section and MMC Title 22, school impact fees shall be due and payable to the city by the developer at or before the time of issuance of residential building permits for all development activities.

(b) In conjunction with the adoption of the city budget, there is hereby authorized the creation and establishment of a fund to be designated the “school impact fee fund.” The city shall temporarily deposit all impact fees collected on behalf of a district pursuant to this chapter and any interest earned thereon in the school impact fee fund with specific organizational identity for a district until the transfer of the fees to the school district’s school impact fee account pursuant to the interlocal agreement between the city and the district.

(c) Districts eligible to receive school impact fees collected by the city shall establish an interest-bearing account separate from all other district accounts. The city shall deposit school impact fees in the appropriate district account within 10 days after receipt, and shall contemporaneously provide the receiving district with a notice of deposit.

(d) Each district shall institute a procedure for the disposition of impact fees and providing for annual reporting to the city that demonstrates compliance with the requirements of RCW 82.02.070, and other applicable laws.

(2) Use of Funds.

(a) School impact fees may be used by the district only for capital facilities that are reasonably related to the development for which they were assessed and may be expended only in conformance with the district’s adopted capital facilities plan.

(b) In the event that bonds or similar debt instruments are issued for the advance provision of capital facilities for which school impact fees may be expended, and where consistent with the provisions of the bond covenants and state law, school impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the capital facilities provided are consistent with the requirements of this title.

(c) The responsibility for assuring that school impact fees are used for authorized purposes rests with the district receiving the school impact fees. All interest earned on a school impact fee account must be retained in the account and expended for the purpose or purposes for which the school impact fees were imposed, subject to the provisions of subsection (3) of this section.

(d) Each district shall provide the city an annual report showing the source and the amount of school impact fees received by the district and the capital facilities financed in whole or in part with those school impact fees.

(3) Deferral of School Impact Fee Payments Allowed.

(a) Required school impact fee payments may be deferred to final inspection for a single-family detached, middle housing, or townhouse dwelling.

(b) The community development department shall allow an applicant to defer payment of the impact fees when, prior to submission of a building permit application for deferment or prior to final inspection for deferment under subsection (3)(a) of this section, the applicant:

(i) Submits a signed and notarized deferred impact fee application and acknowledgment form for the development for which the property owner wishes to defer payment of the impact fees.

(c) The city may initiate any other action(s) legally available to collect such school impact fees.

(d) Compliance with the requirements of the deferral option shall constitute compliance with the conditions pertaining to the timing of payment of the impact fees.

(4) Refunds.

(a) School impact fees not spent or encumbered within six years after they were collected shall, upon receipt of a proper and accurate claim, be refunded, together with interest, to the then current owner of the property. In determining whether school impact fees have been encumbered, impact fees shall be considered encumbered on a first-in, first-out basis. At least annually, the city, based on the annual report received from each district pursuant to subsection (2)(d) of this section, shall give notice to the last known address of potential claimants of any funds, if any, that it has collected that have not been spent or encumbered. The notice will state that any persons entitled to such refunds may make claims.

(b) Refunds provided for under this section shall be paid only upon submission of a proper claim pursuant to city claim procedures. Such claims must be submitted to the director within one year of the date the right to claim the refund arises, or the date of notification provided for above, where applicable, whichever is later.

(5) Reimbursement for City Administrative Costs, Legal Expenses, and Refund Payments. Each participating school district shall enter into an agreement with the city of Marysville providing for such matters as the collection, distribution and expenditure of fees and for reimbursement of any legal expenses and staff time associated with defense of this chapter as more specifically set forth in an interlocal agreement between the city and a school district, and payment of any refunds provided under subsection (3) of this section. The city’s costs of administering the impact fee program shall be paid by the applicant to the city as part of the development application fee. Said fee shall be as set forth in Chapter 22G.030 MMC and shall be an amount that approximates, as nearly as possible, the actual administrative costs of administering the school impact fee program. (Ord. 3366 § 99 (Exh. UUUU), 2025; Ord. 3352 § 102 (Exh. UUUU), 2025; Ord. 2997 § 3, 2015; Ord. 2986 § 4, 2015; Ord. 2904 § 3, 2012; Ord. 2852 § 10 (Exh. A), 2011).

(1) Administrative Adjustment of Fee Amount.

(a) Within 14 days of acceptance by the city of a building permit application, a developer or school district may appeal to the director for an adjustment to the fees imposed by this title. The director may adjust the amount of the fee, in consideration of studies and data submitted by the developer and any affected district, if one of the following circumstances exists:

(i) It can be demonstrated that the school impact fee assessment was incorrectly calculated;

(ii) Unusual circumstances of the development activity demonstrate that application of the school impact fee to the development would be unfair or unjust;

(iii) A credit for in-kind contributions by the developer, as provided for under MMC 22D.040.050(6), is warranted; or

(iv) Any other credit specified in RCW 82.02.060(1)(b) may be warranted.

(b) To avoid delay pending resolution of the appeal, school impact fees may be paid under protest in order to obtain a development approval.

(c) Failure to exhaust this administrative remedy shall preclude appeals of the school impact fee pursuant to subsection (2) of this section.

(2) Appeals of Decisions – Procedure.

(a) Any person aggrieved by a decision applying an impact fee under this title to a development activity may appeal such decision to the hearing examiner pursuant to the provisions of Chapter 22G.010 MMC, Article VIII, Appeals. Where there is an administrative appeal process for the underlying development approval, appeals of an impact fee under this title must be combined with the administrative appeal for the underlying development approval. Where there is no administrative appeal for the permit, then appeals solely of the impact fee issue shall be subject to the provisions of Chapter 22G.010 MMC, Article VIII, Appeals.

(b) At the hearing, the appellant shall have the burden of proof, which burden shall be met by a preponderance of the evidence. The impact fee may be modified upon a determination that it is proper to do so based on the application of the criteria contained in subsection (1) of this section. Appeals shall be limited to application of the impact fee provisions to the specific development activity and the provisions of this title shall be presumed valid.

(c) The decision of the hearing examiner pursuant to subsection (2)(a) of this section shall be final and conclusive with an optional right of reconsideration as provided in MMC 22G.010.190 and may then be reviewable by filing a land use petition in Snohomish County superior court as provided in Chapter 36.70C RCW, the Land Use Petition Act.

(3) Arbitration of Disputes. With the consent of the developer and the affected district, a dispute regarding imposition or calculation of a school impact fee may be resolved by arbitration. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Savings Clause – Effective Date – Emergency.

(a) If any section, subsection, sentence, clause, phrase or word of this title should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this title.

(b) Effective Date. The ordinance codified in this title shall be effective five days following adoption and publication; provided, however, the schedule of school impact fees adopted herein shall not be effective until the approval and incorporation by reference, as a subelement of the city’s comprehensive plan, of a school district’s capital facilities plan. The schedule of school impact fees adopted herein shall also not be effective until approval by the city and the affected school district of an interlocal agreement for the collection, distribution and expenditure of school impact fees.

(c) Emergency. In light of the rapid rate of development in the Marysville School District and the need to provide school facilities to serve development, an emergency is hereby declared to exist due to the fiscal impacts of delay on the district and in order to preserve the public health, safety and welfare. (Ord. 2852 § 10 (Exh. A), 2011).

The purpose of these standards is to ensure that all construction in the city of Marysville is undertaken with facilities and measures as necessary to minimize the erosion of soils and siltation of water bodies and public/private drainage facilities. The goal of the erosion control practices specified herein is for no sediment to leave the construction site or impact downstream or adjacent properties or the environment in general. (Ord. 2852 § 10 (Exh. A), 2011).

(1) A clearing and grading permit is required for a project involving any of the following, except as provided for in subsection (2) of this section. In applying this section, the total proposal must be considered.

(a) Any clearing, filling, or excavation in an environmentally sensitive area or regulated buffer.

(b) Fill and/or excavation totaling 50 cubic yards. Quantities of fill and excavation are separately calculated and then added together, even if excavated material is used as fill on the same site.

(c) Over 1,000 square feet of clearing, as measured at the ground level. Clearing includes disturbance of over 1,000 square feet at grade due to felling or topping of trees.

(2) The following activities are exempt from the requirements for a clearing and grading permit:

(a) Agricultural management of existing farmed areas.

(b) Routine landscape maintenance of existing landscaped areas on developed lots and other activities associated with maintaining an already established landscape. For lots developed prior to the adoption of sensitive area regulations with landscaping in what are now protected areas, routine landscaping maintenance can occur without a clearing and grading permit, provided the soil level is not increased.

(c) Work needed to correct an immediate danger to life or property in an emergency situation as declared by the mayor or the city administrator or his/her designee.

(d) Cemetery graves.

(e) Work, when approved by the city engineer, in an isolated self-contained area, if there is no danger to public or private property.

(3) The clearing and grading permit shall be issued by the engineering department and shall be effective for one year but may, with cause shown, be extended for an additional one-year period. The fee schedule for the review of plans is contained in MMC 14.07.005.

(4) In addition to satisfying all requirements of Chapters 14.15, 14.16 and 14.17 MMC, permittees shall comply with the following conditions, which shall apply to all grading permits:

(a) Notify the city 48 hours before commencing any land-disturbing activity.

(b) Notify the city of completion of any control measures within 48 hours after their completion.

(c) Obtain permission in writing from the city prior to modifying any of the plans.

(d) Install all control measures as identified in the approved plans.

(e) Maintain all road drainage systems, storm water drainage systems, control measures, and other facilities identified in the plans.

(f) Repair siltation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or disturbing activities.

(g) Inspect the erosion construction control measures at least once each week during construction after each rain of 0.5 inch or more (over a 24-hour period), and immediately make any needed repairs.

(h) Allow the city to enter the site for the purpose of inspecting compliance with the plans or for performing any work necessary to bring the site into compliance with the plans.

(i) Keep an up-to-date, approved copy of the plans on the site.

(j) Ensure that all workmanship and materials are in accordance with city of Marysville standards and the most current edition of the State of Washington Standard Specifications for Road, Bridge and Municipal Construction.

(5) Construction within environmentally sensitive areas shall be in compliance with Chapter 22E.010 MMC and shall be subject to the review of the community development director or designee. (Ord. 3277 § 7 (Exh. 7), 2023; Ord. 2852 § 10 (Exh. A), 2011).

(1) The purpose of this section is to assume regulatory authority from the Washington Department of Natural Resources over certain forest practices as permitted by Washington State law and pursuant to Chapter 76.09 RCW and Chapter 222-20 WAC. This section ensures that the forest practices described in the following subsections occur in compliance with the Marysville comprehensive plan, the Marysville shoreline master program and the regulations of this title.

(2) The definitions contained in RCW 76.09.020 of the Forest Practices Act and in WAC 222-16-010 and 222-16-050 of the Forest Practices Act’s implementing regulations shall apply to all terms used in this section; provided, that the definitions contained in MMC Title 22A shall be applicable where not in conflict with the above-referenced Forest Practices Act and the Forest Practices Act’s implementing regulations. In the event of any conflict between the definitions, the definitions in Chapter 222-16 WAC shall prevail.

(3) This section shall apply to Class IV – General and special forest practices as defined by WAC 222-16-050 for the purpose of conversion to nonforestry use.

(4) The following activities are exempt from the requirements of this section when located outside of critical areas and their buffers:

(a) Class I, II, and III forest practices regulated exclusively by the Washington State Department of Natural Resources pursuant to Chapter 76.09 RCW;

(b) The removal of less than 5,000 board feet (about one log truck load) of timber (including live, dead, and down material) for personal use in any 12-month period (includes firewood, fence posts, etc.);

(c) The removal of trees which have been grown to be sold as Christmas trees or used in landscaping such as trees sold by commercial nurseries;

(d) The abatement of an emergency, such as the removal of trees necessary to protect the safety of persons or property from clear and imminent danger;

(e) Landscape maintenance or pruning which does not impair the health or survival of trees required to be retained or planted pursuant to this section; and

(f) The removal of trees in the public right-of-way as required by the city engineer for the purpose of public safety or for the maintenance of existing public roads and existing facilities, consistent with Chapter 76.09 RCW.

(5) A Class IV – General forest practices permit shall follow the procedures established in MMC 22G.010.160, Administrative approvals subject to notice, process and be required for those forest practices described in WAC 222-16-050(1) and (2). A forest practices application shall include the following submittal items:

(a) A completed State Environmental Policy Act checklist;

(b) Written verification from the Washington State Department of Natural Resources that the subject site is not and has not been subject to a notice of conversion to nonforestry use under RCW 76.09.090 during the six-year period prior to submission of the permit application;

(c) A title report as proof that the parcel is not currently subject to a six-year development moratorium. If the property is subject to a six-year development moratorium, the application will not be accepted until the end of the moratorium or until the moratorium has been lifted;

(d) A narrative of the project that describes the existing site conditions and development goals of the proposed work by including:

(i) Specific work to be accomplished;

(ii) A time schedule for land clearing activities;

(iii) Type of equipment to be used;

(iv) Measures proposed to protect the site and adjacent properties from potential adverse impacts; and

(v) The estimated quantities/area of work involved.

(e) A critical areas report identifying wetlands, streams and their associated buffers, if applicable;

(f) A drainage and stormwater report, if applicable;

(g) A geotechnical and soils report, if applicable;

(h) A site plan of the subject property that meets the requirements of MMC 22G.120.060(3);

(i) Any other materials required by the community development director; and

(j) Application fee as established in Chapter 22G.030 MMC.

(6) To improve the administration of the forest excise tax created by Chapter 84.33 RCW, the city will report permit information to the Department of Revenue for all approved forest practices permits no later than 60 days after the date the permit was approved. Such notification shall include the following information:

(a) Landowner’s legal name, address, and telephone number;

(b) Decision date of permit; and

(c) Parcel number and legal description (section, township, and range) of the subject site.

(7) The hearing examiner may consider the removal of a six-year development moratorium established pursuant to Chapter 76.09 RCW when the applicant strictly meets the following requirements:

(a) Any property owner subject to a moratorium may request a release from the six-year moratorium by filing an application with the community development department for a hearing before the hearing examiner.

(b) Following such request, the community development department shall set a date for an open record public hearing pursuant to the requirements of Chapter 22G.010 MMC for permits before the hearing examiner.

(c) The hearing examiner shall consider the removal of a development moratorium established pursuant to this section when the following criteria are strictly met:

(i) The proponent submits an application for removal of the moratorium; and

(ii) The proponent proposes corrective actions to bring the violation into compliance with this section and mitigate any existing damage through the submittal of a reforestation plan or mitigation plan, prepared by a qualified professional consistent with Chapter 22E.010 MMC.

(d) Hearing Examiner Authority.

(i) The hearing examiner shall review requests for removal of a development moratorium, any comments received, and applicable city regulations or policies and may inspect the property before rendering a decision.

(ii) The hearing examiner may approve the request to remove a development moratorium, approve the request with conditions, require modification of the proposal to strictly comply with specified requirements or local conditions, or deny the request if it fails to comply with requirements of this section.

(e) Required Written Findings and Determinations. The hearing examiner will address the following items as written findings and determinations before issuing a decision:

(i) The removal of the six-year development moratorium will not be detrimental to public health, safety, and general welfare.

(ii) The removal of the six-year development moratorium will not be injurious to the property or improvements adjacent to the proposal.

(iii) The removal of the six-year development moratorium will not result in significant adverse environmental impacts.

(iv) The removal of the six-year development moratorium is consistent and compatible with the goals, objectives, and policies of the comprehensive plan and the provisions of this section and other applicable municipal codes. (Ord. 3348 § 1 (Exh. A), 2025).

(1) Siltation and Erosion Control. Siltation and erosion control shall occur and be performed in accordance with Chapter 14.15 MMC.

(2) Grading. The following are the minimum standards for grading unless otherwise modified by an approved grading plan:

(a) Grading shall not contribute to or create landslides, accelerated soil creep, or settlement of soils.

(b) Natural land and water features, vegetation, drainage and other natural features of the site shall be reasonably preserved.

(c) Grading shall not create or contribute to flooding, erosion, increased turbidity, or siltation of a watercourse.

(d) Groundcover and tree disturbance shall be minimized.

(e) Grading operations shall be conducted so as to expose the smallest practical area to erosion for the least possible time.

(f) Grading shall not divert existing watercourses.

(g) The duff layer and native topsoils shall be retained in an undisturbed state to the maximum extent practicable in areas not intended for building pads, access ways or other impervious surfaces.

(3) Cuts and Fills. The following are the minimum standards for cutting and filling slopes; provided, that these provisions may be waived by the city engineer for grading operations of a minor nature:

(a) Cut slopes shall be no steeper than is safe for the intended use. Cut slopes greater than five feet in height shall be no steeper than two horizontal to one vertical (2:1), except where approved retaining walls are to be installed.

(b) Filling should only occur where the ground surface has been prepared by removal of vegetation and other unsuitable materials or preparation of steps where natural slopes are steeper than five to one (5:1). Fill slopes should not be constructed on natural slopes greater than two to one (2:1).

(c) Fill slopes shall be no steeper than is safe for the intended use. Fill slopes greater than five feet in height shall be no steeper than two horizontal to one vertical (2:1), except where approved retaining walls are engineered and installed.

(d) Steeper cuts/fills may be permitted if supported by an approved soils/geological report; provided, that for residential development, the proposed steeper cuts/fills must comply with the design standards outlined in subsection (4) of this section.

(e) Cut and fill slopes shall not encroach upon adjoining property without written approval of the adjacent owner.

(f) Cut and fill slopes shall be provided with subsurface and surface drainage provisions to approved discharge locations as necessary to retain the slope.

(g) The faces of slopes shall be prepared and maintained to control erosion. Check dams, riprap, plantings, terraces, diversion ditches, sedimentation ponds, straw bales, or other methods shall be employed where necessary to control erosion and provide safety. The erosion control measures shall be initiated or installed as soon as possible and shall be maintained by the owner.

(h) Fill materials used as a structural fill shall be compacted in accordance with the requirements applicable to the future use.

(4) Design Criteria. The following are the minimum design standards for cutting and filling slopes for residential development; provided, that these provisions may be waived by the city engineer for grading operations of a minor nature:

(a) The aesthetic and spatial impact of altered grades on adjacent properties both public and private shall be considered in site design.

(b) Sites shall be developed to promote continuity and to minimize abrupt grade changes between sites.

(c) Grading shall be the minimum necessary to make installation and function of infrastructure feasible and economic for future service extensions to adjacent properties.

(d) The developer shall consider the natural topography and the proposed layout of the subdivision when siting roads in order to anticipate grading needs and minimize extensive grading in order to build.

(e) If retaining walls taller than four feet are used, as measured from the average grade, and are visible from the street or adjacent property, they shall be terraced so that no individual segment is taller than four feet; provided, that where adjacent properties are not adversely affected or the retaining wall is minor in nature, the community development director may reduce or waive these standards. Terraced walls shall be separated by a landscaping bed at least two feet in width. Alternative landscaping treatments will be considered, provided they reduce the bulk and scale of the retaining wall and enhance the streetscape or transition between properties.

Figure 1. Tall retaining walls must be terraced with landscaping as depicted below.

(5) Sensitive Areas. No land-disturbing activity shall be permitted in a regulated sensitive area, except as otherwise allowed by applicable laws and permits.

(6) Clean-Up. Persons and/or firms engaged in clearing, grading, filling, or drainage activities shall be responsible for the maintenance of work areas free of debris or other material that may cause damage to or siltation of existing or new facilities or have the potential of creating a safety hazard.

(7) Dust Suppression. Dust from clearing, grading and other construction activities shall be minimized at all times. Impervious surfaces on or near the construction area shall be swept, vacuumed, or otherwise maintained to suppress dust entrainment. Any dust suppressants used shall be approved by the director. Petrochemical dust suppressants are prohibited. (Ord. 2852 § 10 (Exh. A), 2011).

Temporary erosion and sediment control shall be in accordance with the requirements contained in Chapter 14.15 MMC in a small parcel or large parcel erosion and sediment control plan. (Ord. 2852 § 10 (Exh. A), 2011).

(1) In the areas listed below, clearing and grading may be permitted to continue or to be initiated during the rainy season only if the director grants specific approval per subsection (3) of this section. The rainy season is defined as October 1st through April 30th, unless the director modifies these dates based on weather patterns and forecasts. In determining whether to permit rainy season construction, the director shall consult with the public works department. Such consultation shall occur on a regular basis to ensure consistent implementation of the city’s environmental policies and shall occur as needed regarding individual projects on specific sites.

(a) Developments within the Quilceda/Allen Creek watershed occurring on the Getchell hillsides within Planning Area No. 4: East Sunnyside/Whiskey Ridge, and Planning Area No. 5: Cedarcrest/Getchell Hill. The planning area boundaries are defined by the Marysville comprehensive plan.

(2) If clearing and grading are prohibited during the rainy season, building construction can nonetheless proceed as long as necessary clearing and grading are complete and effective erosion control is in place and effectively maintained.

(3) The director shall grant approval to initiate or continue clearing or grading activity in the areas listed in subsection (1) of this section during the rainy season only if, based on an evaluation of site and project conditions, the director determines the proposal ensures slope stability and adequately protects receiving waters from increased erosion and sedimentation during construction. The evaluation of site and project conditions shall include, but not be limited to, an evaluation of the following:

(a) Whether the clearing and grading are near completion if the project is already underway;

(b) Average existing slope of the site;

(c) Quantity of proposed cut and/or fill;

(d) Classification of the predominant soils and their erosion and runoff potential;

(e) Proposed deep utility installation;

(f) Hydraulic connection of the site to features that are sensitive to the impacts of erosion/sedimentation;

(g) Ability to phase clearing and grading and to create a feasible clearing and grading schedule;

(h) Extent of clearing and grading BMPs proposed, and if the project is underway, the project’s track record at controlling erosion and sedimentation.

(4) Determinations under subsection (3) of this section shall be made by the director on a site-specific basis. However:

(a) Rainy season construction generally will be prohibited for proposals requiring large-scale clearing and grading.

(b) Rainy season construction generally will be approved for smaller-scale clearing and grading proposals that have limited, shallow utility installation and are on sites with less than 15 percent slopes, predominant soils that have low runoff potential, and are not hydraulically connected to sediment-/erosion-sensitive features.

(c) Rainy season construction will be approved if extraordinary BMPs to control erosion/sedimentation and slope stability are proposed when:

(i) Moderate scale clearing and grading are proposed;

(ii) The proposal involves deep utility installation; or

(iii) The proposal is located on sites with greater than 15 percent slopes, soils with a high runoff potential, or sites hydraulically near a sediment-/erosion-sensitive feature.

(5) Whenever rainy season clearing and grading are allowed, the applicant may be required to implement extraordinary BMPs if the BMPs that are initially implemented are not working. If the permit was issued in the dry season, and work is allowed to continue in the rainy season, the city may modify the previously issued permit to require additional, extraordinary BMPs. Extraordinary BMPs may include, but not be limited to:

(a) Performance monitoring to determine compliance with state water quality standards, or more stringent standards if adopted by the city.

(b) Funding additional city inspection time, up to a full-time inspector.

(c) Shutting down work if necessary to control erosion and sedimentation.

(d) Construction of additional siltation/sedimentation ponds.

(e) Use of a series of temporary filter vaults.

(f) Use of high quality catch basin inserts to filter runoff.

(g) Use of erosion control blankets, nets, or mats in addition to or in conjunction with straw mulch.

(6) If a clearing and grading permit is issued, and the city subsequently issues three stop work orders or correction notices for insufficient erosion and sedimentation control, the permit will be suspended until the dry season, or, if violations occurred in the dry season, until weather conditions are favorable and effective erosion and sedimentation control is in place.

(7) The director has the authority to temporarily stop clearing and grading during periods of heavy rain.

(8) When clearing and grading are suspended during the rainy season or interrupted at any time of the year due to heavy rain or for other reasons, the permittee shall stabilize the site and maintain the erosion control BMPs. (Ord. 3218 § 4 (Exh. D), 2022; Ord. 2852 § 10 (Exh. A), 2011).

(1) A maintenance schedule of constructed private facilities shall be developed for the life of any facilities and measures implemented pursuant to these standards and shall state the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This schedule shall be included with all required plans and permits.

(2) The city engineer may require the applicant to furnish security for maintenance in accordance with the provisions of Chapter 22G.040 MMC. (Ord. 2852 § 10 (Exh. A), 2011).

Prior to any clearing, grading, filling, and/or drainage facility construction, the contractor may be required to conduct a preconstruction conference with the city’s engineering construction inspector to coordinate the project.

(1) All projects which include clearing, grading, filling or drainage shall be subject to inspection by the city engineer or his designee, who shall be granted reasonable right of entry to the work site by the permittee. When required by the city engineer, special inspection of the grading operations and special testing shall be performed by qualified professionals employed by the permittee. Inspections in conjunction with hydraulic permits will be performed and enforced by the Washington State Department of Fisheries or Wildlife.

(2) Each site that has an approved grading, erosion and sediment control or other required plans must be inspected as necessary to ensure that the sediment control measures are installed and effectively maintained in compliance with the approved plan and permit requirements. Where applicable, the permittee must obtain inspection by the city at the following stages:

(a) Following the installation of sediment control measures or practices and prior to any other land-disturbing activity;

(b) During the construction of sediment basins or storm water management structures;

(c) During rough grading, including hauling of imported or wasted materials;

(d) Prior to the removal or modification of any sediment control measure or facility; and

(e) Upon completion of final grading, including establishment of groundcover and planting, installation of all vegetative measures, and all other work in accordance with an approved plan and/or permit.

(3) The permittee may secure the services of an engineer, subject to the approval of the city engineer, to inspect the construction of the facilities and provide the city with a fully documented certification that all construction is done in accordance with the provisions of an approved grading, erosion and sedimentation control or other required plan, applicable rules, regulations, permit conditions and specifications. If inspection certification is provided by the city, the permit may be waived. In these cases the city shall be notified at the required inspection points and may make spot inspections. The engineer shall use the “Engineer’s Construction Inspection Report” form for certification of the construction or other similar form approved by the city engineer. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Construction Changes. Whenever changes must be made to the original, approved plan, the changes shall be submitted in writing to and approved by the city engineer in advance of the construction of those changes.

(2) Final Reports. Upon completion of the rough grading and at the final completion of the work, the city engineer may require the following reports, drawings, and supplements thereto to be prepared and submitted by the owner and/or an appropriate qualified professional approved by the city engineer:

(a) An as-built grading plan, including original ground surface elevations, final surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities.

(b) A soils grading and/or geologic grading report, including locations and elevations of field density tests and geologic features, summaries of field and other laboratory tests, and other substantiating data and comments or any other changes made during grading and their effect on the recommendations made in the approved grading plan.

(3) Notification of Completion. The permittee or his/her agent shall notify the city engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work has been completed in accordance with the final approved grading, erosion sedimentation control and other required plans, and the required reports have been submitted and accepted. (Ord. 2852 § 10 (Exh. A), 2011).

Construction shall be in accordance with the procedures and specifications contained in the city’s drainage and erosion control standards as adopted under Chapter 14.15 MMC. (Ord. 2852 § 10 (Exh. A), 2011).