The purpose of this chapter is to establish procedures for review of proposed amendments and revisions to the city’s comprehensive plan and implementing development regulations adopted under the Growth Management Act (GMA) which are legislative in nature. These procedures are also intended to supplement the comprehensive plan docketing process outlined in the comprehensive plan and Resolution No. 1839. The procedures contained in this chapter are not a substitute for city permitting procedures, nor do the procedures in this chapter relate to applications or other actions which are quasi-judicial in nature. (Ord. 2852 § 10 (Exh. A), 2011).

This chapter contains the procedures the city will use to take legislative actions for the following, and which by way of reference below shall be considered legislative actions:

(1) Amendments to the GMA comprehensive plan, including but not limited to the following elements: land use, housing, transportation, parks and recreation, capital facilities, water and sewer utilities, public facilities and services, economic development, subarea plans and the comprehensive plan land use map.

(2) Rezoning of land when such rezone is associated with a comprehensive plan designation amendment.

(3) Area-wide rezones.

(4) Prezoning of property when associated with an annexation.

(5) Amendments to the sewer, water, or surface water comprehensive plans, which are adopted as part of the city’s GMA comprehensive plan.

(6) Amendments to the shoreline management master program when associated with comprehensive plan amendments.

(7) Amendments or revisions to the zoning code.

(8) Technical corrections to any part of the GMA comprehensive plan or the city’s development regulations.

(9) Any part of the Marysville Municipal Code adopted to meet the requirements of the GMA.

(10) Amendments to any of the provisions of Chapters 22G.090 and 22G.100 MMC relating to subdivisions.

(11) Any other matters which by statute, ordinance or common law are legislative in nature (as opposed to quasi-judicial). Ordinarily, matters which are quasi-judicial in nature will be reviewed through the land use hearing examiner as established by Chapter 22G.060 MMC.

This chapter is intended to supplement, and not to limit or replace, existing city authority and procedures for adoption of other legislation. Nothing in this chapter shall be construed to limit the legislative authority of the city to consider and adopt amendments and revisions to the GMA comprehensive plan and development regulations. Nothing contained in this chapter shall be intended to replace or repeal other provisions of the Marysville Municipal Code unless they are inconsistent herewith. (Ord. 2852 § 10 (Exh. A), 2011).

The community development department shall conduct an initial review and evaluation of proposed amendments and revisions and assess the extent of review that would be required under the State Environmental Policy Act (SEPA) prior to planning commission and/or city council action. The initial review and evaluation shall include any review by other city departments or other agencies deemed necessary by the community development department. (Ord. 2852 § 10 (Exh. A), 2011).

All proposals falling within the scope of the chapter will be introduced to the Marysville planning commission, which may schedule workshops as needed to consider the proposal. City staff may prepare a report and recommendations to the planning commission. Prior to making a recommendation to the city council, the planning commission shall schedule a public hearing pursuant to the procedures set forth in MMC 22G.020.060. After the public hearing and any further study sessions as may be needed, the planning commission shall transmit its recommendation to the city council through the community development department. (Ord. 2852 § 10 (Exh. A), 2011).

Following the review by the planning commission, the city council shall consider at a public meeting each recommendation transmitted by the planning commission. The city council may hold its own public hearing pursuant to the procedures set forth in MMC 22G.020.060. Following such public meeting and/or public hearing, the city council may take any one of the following actions:

(1) Adopt the recommendation of the planning commission without changes.

(2) Adopt the recommendation of the planning commission with changes.

(3) Remand the recommendation or parts thereof to the planning commission for further review. In the event the city council remands a matter for further planning commission review, the council shall specify the time within which the planning commission shall report back to the city council with a new recommendation. All entities involved shall comply with the timelines unless the city council approves a request for extension of time.

(4) Any action by the city council shall be adopted pursuant to ordinance or resolution; provided, however, in the event the city council denies or disapproves any recommendation it may be done by motion. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Content. When the planning commission or city council has scheduled a public hearing on a legislative proposal, the community development department shall prepare a notice containing the following information:

(a) The name of the applicant, and, if applicable, the project name;

(b) If the application involves a specific property, the street address of the subject property, a description in nonlegal terms sufficient to identify its location, and a vicinity map indicating the subject property;

(c) A brief description of the action or approval requested;

(d) The date, time and place of the public hearing;

(e) If the application or request involves text or language revisions to any of the documents specified in MMC 22G.020.020, and does not involve a specific property, the notice shall specify which document or documents are proposed to be amended or revised;

(f) A statement of the right of any person to participate in the public hearing.

(2) Provision of Notice. The community development department shall provide for notice of the public hearing at least 10 days prior to the date of the public hearing as follows:

(a) The notice shall be published in the official newspaper, if one has been designated, or a newspaper of general circulation in the city.

(b) If the proposal involves specific property, other than an area-wide change, two notice signs shall be posted on the site or in a location immediately adjacent to the site that provides visibility to motorists using the adjacent streets. The community development director shall establish standards for size, color, layout, design, wording, placement, and timing of installation and removal of the signs or placards.

(c) If the proposal involves specific property other than an area-wide change, notice of the public hearing shall be mailed to each owner of real property within 300 feet of any boundary of the subject property.

(d) If the proposal does not involve specific property, and relates to text or language revisions to any of the documents specified in MMC 22G.020.020, the community development department may, but shall not be required to, provide reasonable notice in addition to newspaper publication through other means such as the city’s website.

(e) The community development director shall also provide notice to each person who has requested such notice.

(3) Public Hearing.

(a) Participation. Any person may participate in the public hearing held by the planning commission or city council by submitting written comments to the community development director prior to the hearing, or by submitting written comments or by making oral comments to the planning commission or city council at the hearing. All written comments received by the community development director shall be transmitted to the planning commission or city council not later than the date of the public hearing.

(b) Party of Record. Any person who participates in the manner set forth in subsection (3)(a) of this section shall be considered a party of record.

(4) Hearing Record. The planning commission and city council shall compile written minutes of each hearing. (Ord. 3256 § 11 (Exh. K), 2023; Ord. 2852 § 10 (Exh. A), 2011).

The final action of the city council on all legislative matters described in MMC 22G.020.020, which are subject to Growth Management Hearings Board Review, pursuant to RCW 36.70A.280, may be appealed by a party of record by filing the petition with the Growth Management Hearings Board pursuant to the requirements set forth in RCW 36.70A.290. Appeal of any matters not subject to Growth Management Hearings Board review may be appealed by a party of record as provided in MMC 22G.010.560. (Ord. 2852 § 10 (Exh. A), 2011).

Violation of this chapter shall not constitute grounds for invalidation of any GMA comprehensive plan amendment, implementing development regulation, or other legislation or any of the actions listed under MMC 22G.020.020. (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).

This chapter shall replace and supersede all other ordinances previously adopted which are inconsistent with the provisions of this chapter. (Ord. 2852 § 10 (Exh. A), 2011).

The purpose of this chapter is to establish a comprehensive schedule of fees for various applications and permits authorized pursuant to MMC Title 22.

It is also the purpose of this chapter to consolidate the various fees. (Ord. 3277 § 1 (Exh. A), 2023; Ord. 2852 § 10 (Exh. A), 2011).

(1) The city shall review and adjust fees as necessary every five years based on the cost of fee service.

(2) The community development department is authorized to charge and collect the following fees:

(3) If final decisions are issued after the review time frame set forth in MMC 22G.010.010(3), then the following fee refunds shall apply:

(a) Ten percent refund if the final decision was issued after the applicable deadline and the additional time did not exceed 20 percent of the review time frame.

(b) Twenty percent refund if the final decision was issued after the applicable deadline and the additional time exceeded 20 percent of the review time frame. (Ord. 3366 § 106 (Exh. BBBBB), 2025; Ord. 3352 § 109 (Exh. BBBBB), 2025; Ord. 3328 § 6 (Exh. F), 2024; Ord. 3277 § 2 (Exh. 2), 2023; Ord. 3021 § 3, 2016; Ord. 2981 § 36, 2015; Ord. 2923 § 5 (Exh. C), 2013; Ord. 2852 § 10 (Exh. A), 2011).

The purpose of this chapter is to establish consistent standards for the acceptance of security to insure the completion of improvements associated with development and to insure warranty for the improvements completed. This chapter should be liberally construed. It is the intent of the city to exercise the maximum authority allowed under state law to protect the citizens of the city and to hold development accountable for the timely completion and maintenance of improvements. (Ord. 2852 § 10 (Exh. A), 2011).

Whether in the form of a bond, irrevocable letter of credit, or assignment of cash deposit, the undertaking for performance shall contain the following provisions:

(1) A stated amount calculated in accordance with the requirements of this chapter;

(2) A detailed description of the improvements to be completed and the deadline by which completion must occur;

(3) A provision reading as follows:

The security for performance is obligated, bound and guarantees completion of the work by the deadline. If the work is not fully completed by the deadline to City standards, then the party bound shall within thirty days of demand from the City make a written commitment to the City that it will either:

(a) Remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or

(b) Tender to the City within an additional fifteen (15) days the amount necessary, as determined in good faith by the City, for the City to remedy the default, up to the total amount of the security. Said estimate shall include reasonable City administrative overhead costs, legal costs and attorneys fees.

Upon completion of the duties of the surety or party bound under either of the options above, the party bound shall then have fulfilled its obligations under the security for performance. If the party bound elects to fulfill its obligation pursuant to the requirements of subsection (3)(b) of this section, the city shall notify the party bound of the actual costs of the remedy, upon completion of the work. The city shall return, without interest, any overpayment made by the party bound, and the party bound shall pay to the city any actual costs exceeding the city’s estimate, limited to the amount of the security for performance.

The security for performance shall extend to all of the city’s administrative overhead costs and to all legal costs and reasonable attorneys’ fees incurred in seeking performance by the principal and any other obligated or bound party to the maximum value or penal sum of the security.

Any security for performance received by the city after the effective date of the ordinance codified in this chapter shall be construed to contain the terms of subsections (1), (2) and (3) of this section, whether the said provisions are expressly set out or not. (Ord. 2852 § 10 (Exh. A), 2011).

Whether in the form of a bond, irrevocable letter of credit, or assignment of cash deposit, the undertaking for maintenance shall contain the following provisions:

(1) A stated amount calculated in accordance with the requirements of this chapter;

(2) A detailed description of the warranty, maintenance to be performed, and any monitoring and reporting requirements, and the duration of each;

(3) A provision reading as follows:

The security for maintenance is obligated and bound to warrant, monitor, report, and maintain the improvements for the stated duration. If City shall grant acceptance of some improvements but not all improvements at the same time, the security for maintenance shall become effective as to each improvement as and when that improvement is accepted and shall remain in effect for the stated duration for each improvement from the date of its acceptance. If required monitoring, reporting, maintaining and repair and replacement in accordance with warranty does not occur in accordance with City standards, then the surety or party bound shall within thirty (30) days of demand from the City, make a written commitment to the City that it will either:

(a) Remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or

(b) Tender to the City within an additional fifteen (15) days the amount necessary, as determined in good faith by the City, for the City to remedy the default, up to the total amount of the security. Said estimate shall include reasonable City administrative overhead costs, legal costs and attorneys fees.

Upon completion of the duties of the surety or party bound under either of the options above, the party bound shall then have fulfilled its obligations under the security for maintenance. If the party bound elects to fulfill its obligation pursuant to the requirements of subsection (3)(b) of this section, the city shall notify the party bound of the actual costs of the remedy, upon completion of the work. The city shall return, without interest, any overpayment made by the party bound, and the party bound shall pay to the city any actual costs exceeding the city’s estimate, limited to the amount of the security for maintenance.

The security for maintenance shall extend to all of the city’s administrative overhead costs and to all legal costs and reasonable attorneys’ fees incurred in seeking performance by the principal and any other obligated or bound party to the maximum value or penal sum of the security.

Any security for maintenance received by the city after the effective date of the ordinance codified in this chapter shall be construed to contain the terms of subsections (1), (2) and (3) of this section, whether the said provisions are expressly set out or not. (Ord. 2852 § 10 (Exh. A), 2011).

The amount of the security, either for performance or maintenance, subject to adjustment under MMC 22G.040.050, shall be calculated as follows:

(1) Security for Performance. The principal amount of the security, whether in the form of a bond, irrevocable letter of credit, or assignment of cash deposit, shall be calculated as follows:

Amount equals current fair market cost for performance adjusted for inflation for term of obligation, multiplied by 1.5 to reflect city’s cost if it must perform under competitive bidding and prevailing wage, plus 30 percent of the current fair market cost for performance as city’s administrative overhead costs and anticipated legal costs and reasonable attorneys’ fees, provided the total amount for administrative costs and anticipated legal costs and reasonable attorneys’ fees shall not exceed $100,000.

(2) Security for Maintenance. The principal amount of the security, whether in the form of a bond, irrevocable letter of credit, or assignment of cash deposit, shall be calculated as follows:

Amount equals 10 percent of the fair market value of the improvement, with a minimum amount being $5,000, plus 30 percent of the amount calculated for security for maintenance as city’s administrative overhead costs and anticipated legal costs and reasonable attorneys’ fees, provided the total amount for administrative costs and anticipated legal costs and reasonable attorneys’ fees shall not exceed $100,000.

(3) Anticipated Legal Costs and Reasonable Attorneys’ Fees. Anticipated legal costs and reasonable attorneys’ fees are those city costs incurred for securing compliance or collecting funds and any other legal costs incurred through the completion of the work.

(4) Administrative Overhead Costs. Administrative overhead costs are those internal costs incurred for staff time in observing the condition of improvements or maintenance, and taking action to secure compliance, together with costs incurred to consultants to observe, monitor and report concerning work or maintenance. (Ord. 2852 § 10 (Exh. A), 2011).

Notwithstanding the calculation of the amount of the security under MMC 22G.040.040, the city shall have the authority to modify the amount of obligation to reflect the city’s experience and history in obtaining performance or required maintenance with the type of security offered, bond, irrevocable letter of credit, or assignment of cash deposit. If the city’s experience and history would require an increase in the amount of the obligation by more than an additional 25 percent, the city shall refuse the security offered. Should the security once received not provide adequate assurance of performance due to changed circumstances, including increased cost of performance, the city through the community development director may require that the amount of security for performance or maintenance be increased to reflect then fair market costs of performance. (Ord. 2852 § 10 (Exh. A), 2011).

All legal actions to enforce either security for performance or maintenance may be brought in the Superior Court of Washington with venue in Snohomish County. The city shall be entitled to an award of legal costs and reasonable attorneys’ fees in any such proceedings against the principal and against the surety to the maximum penal sum of the security held. (Ord. 2852 § 10 (Exh. A), 2011).

Upon full and timely performance of the work, and/or full and timely performance of maintenance, monitoring, reporting, repair or replacement, the city shall release its security for performance and/or security for maintenance, as the case may be. (Ord. 2852 § 10 (Exh. A), 2011).

The city reserves the right to refuse security for performance and to require that performance of work as a condition of approval be completed prior to final acceptance. (Ord. 2852 § 10 (Exh. A), 2011).

Pursuant to RCW 35A.63.020, there is hereby created a city planning commission, which shall serve in an advisory capacity to the mayor and city council, and shall have such other powers and duties as may be provided herein or delegated to it by the mayor and city council. (Ord. 2852 § 10 (Exh. A), 2011).

The planning commission shall consist of seven members who shall be appointed by the mayor subject to confirmation by the city council. Members shall be appointed without regard to their political affiliation, and shall serve without compensation except as hereinafter provided. At least a majority of all commission members, at any time, shall be residents of the city. All members of the planning commission shall reside within the city’s urban growth area. The term of office of each member shall be six years; said terms shall be staggered so that no more than two positions become vacant in any year. A commissioner may be removed from office by the mayor for inefficiency, negligence of duty or misconduct in office. (Ord. 2852 § 10 (Exh. A), 2011).

The planning commission, as a body, or individual members thereof, may be reimbursed for actual and reasonable expenses in the performance of their duties in behalf of the commission. Such expenses may include, but are not limited to, such items as: travel and subsistence, registration fees and other costs incidental to meetings and conferences, professional and consulting services, educational fees, dues and assessments of professional planning organizations, subscriptions to periodicals and purchases of informational and educational texts, and similar expenditures that may be deemed necessary to increase the efficiency and professional ability of the members of the commission. Planning commission expenses shall be subject to authorization and approval by the city council. (Ord. 2852 § 10 (Exh. A), 2011).

The planning commission shall annually elect a chairman from among its members. The commission shall hold at least one regular meeting in each month for not less than nine months each year. Regular meetings shall be open to the public, and shall be scheduled for a regular time and place. Notice of time, place and purpose of any special meeting shall be given as provided by law. The commission may adopt rules for transaction of business, and shall keep a written record of its public meetings, transactions, findings and determinations, which record shall be a public record. (Ord. 2852 § 10 (Exh. A), 2011).

A majority of the duly appointed and acting members of the planning commission shall constitute a quorum for the transaction of business. With a quorum being present, the commission may take action on any business upon an affirmative vote of a majority of those commissioners present. The chairman shall be entitled to a vote on all business. (Ord. 2852 § 10 (Exh. A), 2011).

Any member of the planning commission with a conflict of interest, or an appearance of fairness problem, as defined by Chapter 42.36 RCW, with respect to any matter pending before the commission, shall disqualify himself from participating in the deliberations and the decision-making process with respect to the matter. If this occurs, the mayor, subject to confirmation by the city council, may appoint another person to serve as a commissioner pro tem in regard to that matter. (Ord. 2852 § 10 (Exh. A), 2011).

The planning commission shall have the following powers and shall perform the following duties:

(1) Prepare a comprehensive plan for anticipating and influencing the orderly and coordinated development of land and building uses of the city and its environs; hold public hearings on said plan, and any amendments thereto, and make recommendations to the city council;

(2) Divide the city into appropriate zones within which specific standards, requirements and conditions may be provided for regulating the use of public and private land, buildings and structures, and the location, height, bulk, number of stories and size of buildings and structures, size of yards, courts, open spaces, densities of population, ratio of land area to the area of buildings and structures, setbacks, area required for off-street parking, protection of access to direct sunlight for solar energy systems, and such other standards, requirements, regulations and procedures as are appropriately related thereto; hold public hearings on the adoption of zoning ordinances and maps, and amendments thereto, and make recommendations to the city council;

(3) Prepare a shoreline management master program for the shorelines of the city, and a shoreline environment designation map, as required by state law and city ordinance; hold public hearings on the same, and any amendments thereto, and make recommendations to the city council;

(4) Review all proposed amendments to the city zoning code, subdivision code and shoreline management code; hold public hearings thereon, and make recommendations to the city council;

(5) Conduct, on its own initiative or upon request by the mayor or city council, investigations into matters relating to the physical, economic and environmental development of the city, and public works and civic improvements, and submit reports and recommendations to the mayor and city council with respect to the same;

(6) Perform such other duties or responsibilities as may be specifically delegated by the mayor or city council. (Ord. 2852 § 10 (Exh. A), 2011).

The purpose of this chapter is to establish a quasi-judicial hearing system which will ensure procedural due process and appearance of fairness in regulatory hearings and will provide an efficient and effective hearing process for quasi-judicial matters. (Ord. 2852 § 10 (Exh. A), 2011).

The office of hearing examiner, hereinafter referred to as “examiner,” is created. The examiner shall perform the duties and functions specified in this chapter, together with such other quasi-judicial duties and functions as may be delegated by the mayor and city council. Unless the context requires otherwise, the term “examiner” as used herein shall include any examiner pro tem who may be appointed. (Ord. 2852 § 10 (Exh. A), 2011).

The mayor is authorized to appoint one or more examiners subject to confirmation by a majority vote of the city council. The terms of the examiner’s employment shall be specified by a professional service contract. An examiner pro tem may also be appointed by the mayor subject to confirmation by majority vote of the city council. An examiner pro tem shall serve in the event of absence or disqualification of the examiner. (Ord. 3337 § 1 (Exh. A), 2025; Ord. 2852 § 10 (Exh. A), 2011).

The examiner shall be appointed solely with regard to his or her qualification for the duties of the office, and will have such training and experience as will qualify the examiner to conduct administrative and quasi-judicial hearings on regulatory enactments and to discharge such other functions conferred upon the examiner by the mayor and city council. The examiner shall hold no other elective or appointive office or position in city government. (Ord. 2852 § 10 (Exh. A), 2011).

The examiner’s professional services contract may be terminated by the mayor in accordance with the terms of the contract. The examiner may be removed from office for cause by the mayor, subject to approval by majority vote of the city council. (Ord. 3337 § 2 (Exh. B), 2025; Ord. 2852 § 10 (Exh. A), 2011).

The examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or indirect personal interest which might influence the examiner or interfere with the examiner’s decision-making process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict. The hearing shall then be conducted by an examiner pro tem.

The appearance of fairness doctrine, as specified in Chapter 42.36 RCW, shall apply to all proceedings conducted by the examiner, and may result in the examiner’s disqualification when necessary. (Ord. 2852 § 10 (Exh. A), 2011).

No council member, city official or any other person shall attempt to interfere with or improperly influence the examiner in the performance of his or her designated duties. (Ord. 2852 § 10 (Exh. A), 2011).

Chapter 34.05 RCW, Administrative Procedure Act, will apply to hearings unless a statute or this code provides a different standard or procedure. All public hearings will be held after 6:00 p.m., unless the mayor authorizes an earlier time due to special circumstances. (Ord. 3337 § 3 (Exh. C), 2025; Ord. 2852 § 10 (Exh. A), 2011).

The examiner is vested with the duty and authority to hold public hearings and render decisions on the following matters:

(1) Preliminary plats;

(2) Appeals from administrative decisions on short plats;

(3) Rezones; except rezoning of land when such rezone is associated with a comprehensive plan designation amendment, and area-wide rezones initiated by the city itself, which shall be heard by the planning commission;

(4) Binding site plan approvals when subject to public review;

(5) Conditional use permits when subject to public review;

(6) Zoning code variances;

(7) Administrative appeals from decisions and interpretations by city staff relating to land use codes, SEPA and permits;

(8) Conditional shoreline development permits, variances and appeals from administrative determinations arising under Chapter 22E.050 MMC;

(9) Complaints by citizens or city staff seeking administrative enforcement of provisions of city land use codes or conditions in development permits and approvals, or seeking rescission or modification of such permits or approvals;

(10) Variances and administrative appeals arising from the city’s sign code;

(11) Variances and administrative appeals arising from the city’s floodplain management code;

(12) Variances and administrative appeals arising under the city’s street department code;

(13) Appeals of suspension or removal of tow truck operators from the city’s list under MMC 11.37.060;

(14) Appeals of a chronic nuisance property notice outlined in Chapter 6.23 MMC;

(15) Appeals under Chapters 16.04, 16.08, 16.12, 16.20, and 16.28 MMC and any appeal provided under international code adopted by the city;

(16) Appeals of utility service for occupancy under Chapter 16.24 MMC;

(17) Appeals identified in MMC 22A.010.090; and

(18) Such other regulatory, enforcement or quasi-judicial matters as may be assigned to the examiner by the mayor and city council. (Ord. 3337 § 4 (Exh. D), 2025; Ord. 3093 § 7, 2018; Ord. 2970 § 2, 2014; Ord. 2852 § 10 (Exh. A), 2011).

Where public hearings are required by state statute or city code, the examiner shall hold at least one such hearing prior to rendering a decision on any matter. All testimony at any such hearing shall be taken under oath. Public notice of the hearing shall be provided in accordance with MMC 22G.010.110. (Ord. 3256 § 12 (Exh. L), 2023; Ord. 2852 § 10 (Exh. A), 2011).

Within 15 calendar days after the conclusion of a hearing, unless a longer period is agreed to by the applicant in writing or verbally on the record at the public hearing, the examiner shall render a written decision which shall include at least the following:

(1) Findings of fact based upon the record and conclusions therefrom which support the decision;

(2) The decision shall state whether the application is either granted, granted in part, granted with conditions, modifications or restrictions, returned to the applicant for modification, denied with prejudice or denied without prejudice;

(3) If a time limit exists for filing an administrative or judicial appeal of the decision, said time limit shall be disclosed. (Ord. 2852 § 10 (Exh. A), 2011).

Within five calendar days of rendering a written decision, copies of the decision shall be sent to the applicant and other parties of record in the case. “Parties of record” shall include the applicant and all other persons who specifically request notice of the decision. The examiner may establish rules for registering parties of record. (Ord. 3256 § 13 (Exh. M), 2023; Ord. 2852 § 10 (Exh. A), 2011).

Unless specifically provided otherwise by ordinance, all decisions of the hearing examiner shall be final action by the city. Hearing examiner decisions shall be appealable pursuant to Chapter 22G.010 MMC, Article VIII, Appeals. (Ord. 2852 § 10 (Exh. A), 2011).

Any and all provisions of this code, and any and all provisions of the rules of procedure adopted by the examiner, which are in conflict with this chapter are superseded. (Ord. 2852 § 10 (Exh. A), 2011).

(1) This chapter establishes a siting process for essential public facilities (EPFs) that are difficult to site.

(a) An EPF is any facility owned or operated by a unit of local or state government, a public utility or transportation company, or any other entity that provides a public service as its primary mission. Examples of EPFs include those facilities that are difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, opiate substitution treatment program facilities and secure community transition facilities as defined in RCW 71.09.020 (RCW 36.70A.200). Essential public facilities such as inpatient facilities including substance abuse facilities, mental health facilities, group homes, etc., which are defined in accordance with the provisions of and judicial interpretations of the Federal Fair Housing Act amendments, 43 USC Section 3604(f)(9), and the Washington Housing Policy Act, RCW 43.185B.005(2), as the same exists or is hereafter amended, are exempt from this chapter.

(b) An EPF may be difficult to site if it requires a unique type of site, is perceived by the public as having significant adverse impacts, or is of a type that has been difficult to site in the past. Health and social service facilities that house persons who constitute a threat to the community as defined in Chapter 22A.020 MMC are automatically determined to be difficult to site.

(2) This siting process is intended to ensure that EPFs, as needed to support orderly growth and delivery of public services, are sited in a timely and efficient manner. It is also intended to provide the city with additional regulatory authority to require mitigation of impacts that may occur as a result of EPF siting. Finally, it is intended to promote enhanced public participation that will produce siting decisions consistent with community goals. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Any EPF that is determined to be difficult to site shall be a conditional use in all zones in which it is listed as a permitted or conditional use in the use matrices in Chapters 22C.010 and 22C.020 MMC. In the event of a conflict with Chapters 22C.010 and 22C.020 MMC, the provision of this section shall govern.

(2) An EPF that is difficult to site must satisfy the requirements of MMC 22G.010.430 and the requirements of this chapter. (Ord. 2852 § 10 (Exh. A), 2011).

The siting process required by this chapter may be initiated by the project sponsor or by the department.

(1) Sponsor Initiation.

(a) Before applying to site an EPF, a project sponsor may request review under this siting process by submitting a letter to the department that describes the project proposal and why it may be difficult to site.

(b) The department shall transmit the sponsor’s letter to the hearing examiner and to Snohomish County Tomorrow (SCT), who may prepare an advisory recommendation on the issue of whether the EPF is difficult to site.

(c) Within 90 days of receiving the sponsor’s letter, the hearing examiner shall hold a hearing to determine whether the facility is difficult to site, using the criteria contained in MMC 22G.070.010(1)(b). If the examiner determines that the proposed EPF is difficult to site, the project shall be reviewed under the conditional use permit process established in this chapter.

(2) Department Initiation.

(a) If the department receives a permit application involving an EPF that it believes difficult to site, it shall inform the applicant that it cannot accept the application for processing and prepare a memorandum requesting a hearing examiner determination on whether the EPF will be difficult to site.

(b) The department shall transmit this memorandum to the SCT and the hearing examiner, who shall hold a public hearing under subsection (1)(c) of this section.

(c) If the project sponsor and the department agree that the proposed project will be difficult to site, a hearing under subsection (1)(c) of this section will not be required, and the proposal may proceed directly to the conditional use permit procedure described in MMC 22G.070.050. (Ord. 2852 § 10 (Exh. A), 2011).

Prior to submitting a conditional use permit application, an EPF sponsor may initiate optional site consultation with the SCT planning advisory committee and/or SCT infrastructure coordinating committee. The consultation process, while not required, is encouraged as a means for project sponsors to present facility proposals, seek information about potential sites, and propose possible siting incentives and mitigation measures for affected jurisdictions. (Ord. 2852 § 10 (Exh. A), 2011).

(1) The approval process for an EPF conditional use permit shall require a public hearing in front of the hearing examiner.

(2) The conditional use permit application shall include a public participation plan designed to encourage early public involvement in the siting decision and in determining possible mitigation measures.

(3) In addition to the conditional use permit application fee, an additional fee of $1,000 shall be required for the additional costs associated with review of the application under the criteria established in MMC 22G.070.070. (Ord. 2852 § 10 (Exh. A), 2011).

(1) The department may require independent consultant review of the proposal to assess its compliance with the criteria contained in MMC 22G.070.070. For health and social service facilities that house persons who constitute a threat to the community, as defined in Chapter 22A.020 MMC, independent consultant analysis shall be required to assess whether the proposed facility is located, constructed and operated in a manner that substantially reduces or compensates for adverse impacts on public health and safety.

(2) If independent consultant review is required, the sponsor shall make a deposit with the department sufficient to defray the cost of such review. Unexpended funds will be returned to the applicant following the final decision on the application. (Ord. 2852 § 10 (Exh. A), 2011).

An application for conditional use permit approval for any essential public facility determined to be difficult to site must comply with conditional use permit requirements of MMC 22G.010.430, any applicable requirements for the proposed use, and the following additional site decision criteria:

(1) The project sponsor has demonstrated a need for the project, as supported by an analysis of the projected service population, an inventory of existing and planned comparable facilities, and the projected demand for the type of facility proposed.

(2) The sponsor has reasonably investigated alternative sites, as evidenced by a detailed explanation of site selection methodology.

(3) The project is consistent with the sponsor’s own long-range plans for facilities and operations.

(4) The sponsor’s public participation plan has provided an opportunity for public participation in the siting decision and mitigation measures that is appropriate in light of the project’s scope.

(5) The project will not result in a disproportionate burden on a particular geographic area.

(6) The project is consistent with the city’s comprehensive plan.

(7) The project site meets the facility’s minimum physical site requirements, including projected expansion needs. Site requirements may be determined by the minimum size of the facility, access, support facilities, topography, geology, and on-site mitigation needs.

(8) The project site, as developed with the proposed facility and under the proposed mitigation plan, is compatible with surrounding land uses.

(9) The sponsor has proposed mitigation measures that substantially reduce or compensate for adverse impacts on the environment.

(10) In the case of health and social service facilities that house persons who constitute a threat to the community as defined in Chapter 22A.020 MMC, the sponsor has proposed mitigation measures that substantially reduce or compensate for adverse impacts on public health and safety. (Ord. 2852 § 10 (Exh. A), 2011).

If the project sponsor demonstrates compliance with the review criteria listed in MMC 22G.070.070 and satisfies the requirements for a conditional use permit in MMC 22G.070.050 and other applicable requirements, the conditional use permit application shall be approved. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Reconsideration of the examiner’s ruling may be requested as provided in MMC 22G.010.190, except that a project sponsor may also request review by an advisory board appointed by SCT. Such a request shall stay the reconsideration period until SCT review is complete.

(2) The advisory board shall complete its review within 60 days of receipt of the request. The SCT advisory board shall not have the authority to overturn a decision, but if the board finds the decision does not accurately reflect the evidence provided by the project sponsor, it may remand the decision to the hearing examiner.

(3) Upon receipt of the advisory board’s recommendation, the examiner shall have an opportunity to reconsider the decision in accordance with MMC 22G.010.190.

(4) If the project sponsor demonstrates compliance with the review criteria listed in MMC 22G.070.070 and satisfies the requirements for a conditional use permit in MMC 22G.010.430, and other applicable requirements, the conditional use permit application shall be approved. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Any building permit for an EPF approved under this chapter shall comply with all conditions of approval in the conditional use permit. In the event a building permit for an EPF is denied, the department shall submit in writing the reasons for denial to the project sponsor.

(2) No construction permits may be applied for prior to conditional use approval of the EPF unless the applicant signs a written release acknowledging that such approval is neither guaranteed nor implied by the department’s acceptance of the construction permit applications. The applicant shall expressly accept all financial risk associated with preparing and submitting construction plans before the final decision is made under this chapter. (Ord. 3266 § 1 (Exh. A), 2023; Ord. 2852 § 10 (Exh. A), 2011).

(Ord. 3266 § 2 (Exh. B), 2023)

The purpose of this chapter is to permit design flexibility and provide performance criteria which can result in planned residential developments which produce:

(1) A choice in the types of environment and living units available to the public;

(2) Open space and recreation areas;

(3) A pattern of development which preserves trees, outstanding natural topography and geologic features, and prevents soil erosion;

(4) A creative approach to the use of land and related physical development;

(5) An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs;

(6) An environment of stable character in harmony with surrounding development;

(7) A more desirable environment than would be possible through the strict application of other sections of this title.

This chapter is designed to provide for small- and large-scale developments incorporating a single type or a variety of housing types and related uses which are planned and developed as a cohesive project. Developments may consist of individual lots or may have common building sites. Commonly owned land must be related to and preserve the long-term value of the residential development. (Ord. 3366 § 107 (Exh. CCCCC), 2025; Ord. 3352 § 110 (Exh. CCCCC), 2025; Ord. 2852 § 10 (Exh. A), 2011).

An applicant may request to utilize the PRD provisions if the site meets the site qualification criteria of this chapter and concurrently utilizes a land division process as specified in MMC 22G.080.050. (Ord. 3093 § 8, 2018; Ord. 2852 § 10 (Exh. A), 2011).

To utilize the PRD provisions contained in this chapter, a site must be at least one acre gross area and zoned residential, or be a multifamily or townhome development within the mixed use zone. (Ord. 3093 § 9, 2018; Ord. 2852 § 10 (Exh. A), 2011).

The following uses are permitted within a PRD: single-family dwellings, middle housing, townhouses, multifamily dwellings, and recreational facilities; provided, that for PRDs in single-family residential zones, no more than four units may be allowed per building. (Ord. 3366 § 108 (Exh. DDDDD), 2025; Ord. 3352 § 111 (Exh. DDDDD), 2025; Ord. 2852 § 10 (Exh. A), 2011).

The PRD review and approval process shall occur concurrently with the underlying land use action. PRDs shall be processed using the underlying land use actions set forth in Chapter 22G.090 , Subdivisions or Short Subdivisions; 22G.100, Binding Site Plan; or 22G.120 MMC, Site Plan Review. The decision-making authority for the underlying land use action shall also be the decision-making authority for the PRD.

The director is authorized to promulgate guidelines, graphic representations, and examples of designs and methods of construction that do or do not satisfy the intent of this chapter. The following resources can be used in interpreting the guidelines: Residential Development Handbook for Snohomish County Communities (prepared for Snohomish County Tomorrow by Makers, Inc.), Site Planning and Community Design for Great Neighborhoods (Frederick D. Jarvis, 1993), and City Comforts (David Sucher, 1996).

(1) Site Plan. A site plan meeting the requirements of this chapter, and Chapters 22C.010, 22C.020, 22G.090 and 22G.100 MMC as applicable shall be submitted with all applications for a PRD. The site plan may be approved, approved with conditions, or denied by the city. Specific development regulations may be modified in accordance with this chapter and special requirements may be applied to the property within the PRD. Modifications and special requirements shall be specified in the approval and shown on the approved site plan.

(2) Decision Criteria. It is the responsibility of the applicant to demonstrate the criteria have been met. The city may place conditions on the PRD approval to fulfill the requirements and intent of the city’s development regulations, comprehensive plan, and subarea plan(s). The following criteria must be met for approval of a PRD to be granted:

(a) Consistency With Applicable Plans and Laws. The development will comply with all applicable provisions of state law, the Marysville Municipal Code, comprehensive plan, engineering design and development standards, and any applicable subarea plan(s).

(b) Quality Design. The development shall include high quality architectural design and well-conceived placement of development elements including the relationship or orientation of structures.

(c) Design Criteria. Design of the proposed development shall achieve two or more of the following results above the minimum requirements of this title and Chapters 22G.090 and 22G.100 MMC; provided, that such design elements may also be used to qualify for residential density incentives as provided in Chapter 22C.090 MMC:

(i) Improving circulation patterns or the screening of parking facilities;

(ii) Minimizing the use of impervious surfacing materials;

(iii) Increasing open space or recreational facilities on site;

(iv) Landscaping, buffering, or screening in or around the proposed PRD;

(v) Providing public facilities;

(vi) Preserving, enhancing, or rehabilitating natural features of the subject property such as significant woodlands, wildlife habitats or streams;

(vii) Incorporating energy-efficient site design or building features;

(viii) Incorporating a historic structure(s) or a historic landmark in such a manner as preserves its historic integrity and encourages adaptive reuse.

(d) Public Facilities. The PRD shall be served by adequate public facilities including streets, bicycle and pedestrian facilities, fire protection, water, storm water control, sanitary sewer, and parks and recreation facilities.

(e) When PRDs are located within or adjacent to single-family residential zones and are, or may be, surrounded by traditional development with detached dwelling units, PRDs shall be designed and developed with a form and scale consistent with a single-family residential environment. It is encouraged that if townhouses, middle housing, and multiple-family dwellings are part of the PRD they will be dispersed throughout the project to create an integrated mix of housing types.

(f) Orientation and Perimeter Design. The orientation of structures and perimeter of the PRD shall be compatible in design, character, and appearance with the existing or intended character of development adjacent to the subject property and with the physical characteristics of the subject property. Structures shall be oriented towards the higher volume roadway unless the director determines that an alternate orientation will result in a better site design. Landscape tracts or buffers shall not be installed to avoid these orientation requirements but may be required to be provided when orientation towards the higher-volume street is not provided.

(g) Open Space and Recreation. Open space and recreation facilities shall be provided and effectively integrated into the overall development of a PRD and surrounding uses.

(h) Streets, Sidewalks and Parking. Existing and proposed streets and sidewalks within a PRD shall be suitable and adequate to carry anticipated motorized and pedestrian traffic within the proposed project and in the vicinity of the subject property. A safe walking path to schools shall be provided if the development is within one-quarter mile of a school (measured via existing or proposed streets or pedestrian corridors) or if circumstances otherwise warrant. Adequate parking shall be provided to meet or exceed the requirements of the MMC.

(i) Landscaping. Landscaping shall be provided for public and semi-public spaces and shall integrate them with private spaces. Landscaping shall create a pleasant streetscape and provide connectivity between homes and common areas, using trees, shrubs, and ground cover throughout the development and providing for shade and visual relief while maintaining a clear line of sight throughout the public and semi-public spaces.

(j) Maintenance Provisions. A means of maintaining all common areas, such as a homeowners’ association, shall be established, and legal instruments shall be executed to provide maintenance funds and enforcement provisions.

(3) Amendments. An approved PRD may be amended through the provisions of Chapters 22G.090 and 22G.100 MMC and Chapter 58.17 RCW.

(4) Duration of Approval. The duration of approval for a PRD shall be the same as the underlying land use action set forth in Chapter 22G.090, Subdivisions or Short Subdivisions; 22G.100, Binding Site Plan; or 22G.120 MMC, Site Plan Review.

(5) Compliance. Any use of land which requires PRD approval, as provided in this chapter, and for which approval is not obtained, or which fails to conform to an approved PRD and final site plan, constitutes a violation of this title. (Ord. 3366 § 109 (Exh. EEEEE), 2025; Ord. 3352 § 112 (Exh. EEEEE), 2025; Ord. 3138 § 3 (Exh. B), 2019; Ord. 2852 § 10 (Exh. A), 2011).

All PRDs shall be subject to site plan approval as provided in MMC 22G.080.050. The following are minimum requirements for the site plan and supplemental material:

(1) The title and location of the proposed PRD, together with the names, addresses and telephone numbers of the owners of record of the land and, if applicable, the names, addresses and telephone numbers of any architect, planner, designer or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant;

(2) Where there is multiple ownership, a document satisfactorily assuring unified control through final approval and construction phases;

(3) Statement of intention to formally subdivide the property, if applicable;

(4) The total number of proposed dwelling units and a description of the housing type for each such unit;

(5) Probable building materials and treatment of exterior surfaces on all proposed multiple-family structures;

(6) Conceptual drainage plans demonstrating feasibility of the proposed facilities;

(7) Project staging or phases, if any;

(8) Provision for phasing out nonconforming uses;

(9) Restrictive covenants as required by MMC 22G.080.120 and including provisions to address parking enforcement, together with a statement from a private attorney as to the adequacy of the same to fulfill the requirements of this chapter;

(10) Gross site area and a density calculation per MMC 22C.010.110;

(11) A vicinity map, at a minimum scale of two inches for each mile, showing sufficient area and detail to clearly locate the project in relation to arterial streets, natural features, landmarks and municipal boundaries;

(12) A site plan drawing showing street layout and identification, size and shape of all building sites and lots, and location of all building pads and open space areas with any specific open space activity areas indicated;

(13) The existing edge and width of pavement of any adjacent roadways and all proposed internal streets, off-street parking facilities, driveway approaches, curbing, sidewalks or walkways, street channelization, and type of surfaces;

(14) Landscaping plan, including plant locations and species size at planting, together with location and typical side view of perimeter fencing or berms, if any;

(15) Plans for all proposed dwellings and structures and related improvements, to a scale of not less than one inch to 50 feet, showing typical plot plans for each such building, including location of building entrance, driveway, parking, fencing and site screening, and typical elevations of each type of building, including identification of exterior building materials and roof treatment;

(16) Plans for open space improvements, if any;

(17) Plans for signing and lighting, including typical side view of entrance treatment and entrance signs;

(18) The location of all solid waste collection points, proposed meter locations, water mains, valves, fire hydrants, sewer mains, laterals, manholes, pump stations and other appurtenances;

(19) Itemization of the specific development regulations which are to be modified and special requirements which are to be applied to the property; and

(20) Such additional information as the city may deem necessary. (Ord. 3366 § 110 (Exh. FFFFF), 2025; Ord. 3352 § 113 (Exh. FFFFF), 2025; Ord. 2852 § 10 (Exh. A), 2011).

All PRDs shall meet the requirements of this section:

(1) Each single-family detached unit shall have at least 200 square feet of private open space set aside as private space for that dwelling unit. No dimension of such open space shall be less than 10 feet. The open space does not need to be fenced or otherwise segregated from other dwellings or open space in the development unless so conditioned through the approval process.

(2) Common open space is required pursuant to MMC 22C.010.320, 22C.020.270 or 22G.080.100, whichever provides the greater open space. The common open space must be arranged to maximize usability.

(3) At least 20 percent of the dwellings must have vehicle access points via any combination of the following, unless steep slopes or site-specific constraints preclude meeting this requirement:

(a) Shared or single-car-width driveway.

(b) Alley, auto court, or other method of accessing dwellings other than direct street access.

(c) Where a consolidated road results in superior site design, circulation, safety or access management, auto courts may be required to be minimized and a consolidated public road provided. (Ord. 3366 § 111 (Exh. GGGGG), 2025; Ord. 3352 § 114 (Exh. GGGGG), 2025; Ord. 2852 § 10 (Exh. A), 2011).

The city’s standard development regulations shall be modified for a PRD as provided in this section:

(1) Density, Dimension, and Parking. The standard development regulations shall apply to all lots and development in a PRD except as specifically modified below and as provided in the design review standards in Chapters 22C.010 and 22C.020 MMC.

Development Conditions:

1. Density may be increased consistent with density incentives, Chapter 22C.090 MMC.

2. Porches may extend as close as seven feet from the street, sidewalk, right-of-way, or public/community improvement.

3. Consistent with MMC 22C.010.310(3), rear yard setbacks may be reduced to zero feet for garages if an alley is provided. Living space is allowed up to the rear property line or alley when above a garage. If the garage does not extend to the property line, the dwelling unit above the garage may be extended to the property line.

4. No minimum lot area for mixed use and multifamily zoned properties. In single-family zones, the minimum lot area/dwelling unit area may be reduced to 2,000 square feet for a townhouse unit. Middle housing is exempted from the townhouse minimum lot size.

5. Minimum lot width may be reduced to 25 feet for zero lot line townhouses.

6. Minimum driveway length may be reduced in accordance with MMC 22C.010.310.

(2) Street Standards. The city’s PRD street standards, as set forth in the engineering development and design standards (EDDS), apply to PRD subdivisions and binding site plans and may be modified as provided below.

The “PRD Access Street with Parking” and “PRD Access Street” road sections may be used in a PRD and modified as follows:

(a) “PRD Access Street with Parking” standard is required for developments containing 20 or more dwelling units. For developments containing less than 20 dwelling units the “PRD Access Street” standard may be used, provided parking requirements are met and community parking is provided at a ratio of at least one parking space for each four dwelling units.

(b) Modifications to the “PRD Access Street with Parking” and “PRD Access Street” standards may be requested for sidewalks, planter strips, and on-street parking. The elimination of a sidewalk on one side of the road may be considered by the city engineer when residences will only be located on one side of the road. The burden to clearly demonstrate the proposed modification meets the requirements of this section is the applicant’s. (Note: it is not likely multiple reductions will be allowed along a single section of road.) If requesting a modification, the applicant shall submit an integrated pedestrian travel, landscape and parking plan as well as other information to demonstrate:

(i) Safe, aesthetically pleasing pedestrian travel is provided throughout the development.

(ii) Pedestrian travel within the development shall be tied to pedestrian travel routes outside the development, actual and/or planned.

(iii) Reduction of planter strips shall require additional equivalent or greater landscaping to benefit the development.

(iv) Reduction of on-street parking shall generally require alley access and community parking be provided, such as bump-out parking on the street at a ratio in excess of one parking spot for each four dwelling units.

(v) Any proposed modifications shall allow for efficient flow and movement of automobiles and pedestrians without negatively altering or constraining their movement.

(3) Open Space. Open space requirements may be modified consistent with this chapter.

(4) Additional Modifications. An applicant may request additional dimensional, open space, street, and design standard modifications beyond those provided in this section. Granting of the requested modification(s) will be based on innovative and exceptional architectural design features and/or innovative and exceptional site design and layout that contribute to achieving the purpose of this chapter. (Street modifications may include the elimination of sidewalks on one or both sides, when alternate safe pedestrian connections are provided, and/or the movement of planter strips behind the sidewalk or the elimination of planter strips altogether, when the streetscape is enhanced to provide for a significantly more pleasing appearance.)

(5) Other Development Code Modifications. Modification of development code requirements beyond those provided for in this section may be requested through the variance process set forth in the MMC. (Ord. 3366 § 112 (Exh. HHHHH), 2025; Ord. 3352 § 115 (Exh. HHHHH), 2025; Ord. 3138 § 3 (Exh. B), 2019; Ord. 2852 § 10 (Exh. A), 2011).

The city’s decision-making authority may allow an increase in the net density of the project in compliance with the residential density incentive requirements of Chapter 22C.090 MMC. (Ord. 2852 § 10 (Exh. A), 2011).

(1) A minimum of 15 percent of the net project area shall be established as open space. The same net project area calculation used for determining the project’s density shall be used for calculating required open space. Passive open space areas, as defined in MMC 22A.020.160, and critical areas and buffers, may be used to satisfy a maximum of 65 percent of the required open space. Thirty-five percent of the required open space shall be active open space, as defined in MMC 22A.020.160, and as outlined in subsection (2) of this section.

(a) Required yards, parking areas, driveways, streets, and other accesses shall not qualify as open space except as provided in subsection (3)(c) of this section;

(b) Fencing and/or landscaping shall separate, while maintaining visual observability of, recreation areas from adjacent lots, parking areas, driveways, streets, and other accesses;

(c) Up to five feet of the perimeter landscaping around the active open space area may contribute to the active open space area requirement; provided, that the perimeter landscaping:

(i) Includes trees, shrubs, and groundcover that feature variation in texture and color and a succession of blooms; and

(ii) Is of the same grade as the overall active open space area;

(d) The active open space areas shall be calculated by drawing a boundary around the area(s) meeting the standards set forth in this subsection and subsection (2) of this section, and deducting the ineligible areas outlined in subsections (1)(a), (1)(c) and (2) of this section.

(2) Active open space areas shall:

(a) Be of a grade and surface suitable for recreation;

(b) Be on the site of the proposed development;

(c) Be one continuous parcel if less than 3,000 square feet in size, not to be located in the front yard setback;

(d) Be situated and designed to be observable by the neighborhood residents, be centrally located within the project, and abut a neighborhood street unless determined to be infeasible or undesirable by the director. Fences on individual lots abutting the open space area may be up to six feet tall only if the top two feet are constructed as an open-work fence;

(e) Be accessible and convenient to all residents within the development;

(f) Have no dimensions less than 30 feet (except trail segments);

(g) Trail segments shall:

(i) Be a minimum of five feet in width;

(ii) Meet Americans with Disabilities Act (ADA) standards; and

(iii) Be improved with an appropriate all-weather surface (gravel surfacing is not considered an all-weather surface); provided, that an all-weather surface shall not be required where terrain precludes ADA access, or where an alternate surface is determined by the director to be preferable. Where an alternate surface is used, appropriate materials, edging, and compaction shall be provided; and

(iv) Trail segments that are being dedicated to the public, or connecting to a regional or city parks system trail, may be required to be increased in width or construction standard as determined by the parks, culture, and recreation director;

(h) Include a minimum of one large recreational amenity or two small recreational amenities per one-quarter acre of active recreation space. The calculation of amenities shall be rounded up to the nearest one-quarter acre.

(i) Small recreational amenities include: bocce or similar lawn games; volleyball or similar net sports; commercial-grade benches; picnic tables; tot lot with small playground equipment (soft surface); and similar amenities; provided, that one bench equals one-half small recreational amenity.

(ii) Large recreational amenities include commercial-grade multipurpose, basketball, tennis, pickleball, or similar courts or half-courts; baseball, football, soccer, or similar fields; tot lot with large playground equipment (soft surface); gazebos; and similar amenities. A half sport court qualifies as one recreational amenity, and a full sport court qualifies as two recreational amenities.

(iii) Where recreational amenities are provided that involve balls, discs/Frisbees, or similar recreational equipment and are near roads or neighboring yards, fencing or panels of an adequate height to prevent the ball, disc/Frisbee, or similar recreational equipment from entering the adjacent street, access or yard shall be provided.

(iv) A project must provide at least one amenity that promotes physical activity, and cannot provide only benches, picnic tables, or a gazebo.

(v) When a tot lot is provided, at least one bench must be provided for each tot lot; however, the bench and tot lot shall qualify as separate amenities.

(vi) When a tot lot or other park catering to young children is provided, the recreational area shall have fencing around the area.

(vii) Where benches or picnic tables are provided, at least one shade tree must be planted near the amenity to provide shade for the amenity.

(viii) The community development director is specifically authorized to determine what qualifies as a recreational amenity, and whether the recreational amenity should be considered a small or large recreational amenity;

(i) The community development director is authorized to allow deviations to the standards outlined in this subsection (2) when the applicant has clearly demonstrated that the intent of these standards has been met.

(3) Dual use storm water retention/detention and/or recreation facilities shall meet the following design criteria:

(a) The facility shall be designed with emphasis as a recreation area, not a storm water control structure, and shall be designed as usable open recreation area. Bioswales, infiltration galleries, and ponds shall not be used for recreation facilities.

(b) Control structures shall not be prominently placed. Care should be taken to blend them into the perimeter of the recreation area.

(c) The number of accesses shall be minimized, and the accesses shall be designed to serve as both an access and an amenity to qualify as open space. The following are examples of access treatments that would qualify as open space:

(i) Grasscrete or equivalent as determined by the public works director or designee;

(ii) Decorative pavers; or

(iii) Concrete or asphalt with a dual use including, but not limited to, sport court, hopscotch, meandering paved trails, etc.

(4) The open space requirements outlined in subsection (1) of this section may be reduced if substantial and appropriate recreational facilities (such as recreational buildings, swimming pools or tennis courts) are provided. If an open space reduction is proposed, detailed plans showing the proposed recreational facilities must be submitted with the preliminary site plan.

(5) Open space and recreational facilities shall be owned, operated and maintained in common by the PRD property owners; provided, that by agreement with the city council, open space may be dedicated in fee to the public. (Ord. 3366 § 113 (Exh. IIIII), 2025; Ord. 3352 § 116 (Exh. IIIII), 2025; Ord. 3257 § 3 (Exh. C), 2023; Ord. 3138 § 3 (Exh. B), 2019; Ord. 3054 § 17, 2017; Ord. 2852 § 10 (Exh. A), 2011).

(1) Existing trees and other natural and unique features shall be preserved wherever possible. The location of these features must be considered when planning the open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels.

(2) The city shall inquire into the means whereby trees and other natural features will be protected during construction. Excessive site-clearing of topsoil, trees and natural or unique features before commencement of building operations may disqualify the project as a PRD. (Ord. 2852 § 10 (Exh. A), 2011).

Before final approval is granted, the applicant shall submit to the city, for its approval, covenants, deed restrictions, homeowners’ association bylaws, and/or other documents providing for preservation and maintenance of all common open space, parking areas, walkways, landscaping, signs, lights, roads and community facilities at the cost of the property owners in the PRD. All common areas and facilities shall be continuously maintained at a minimum standard at least equal to that required by the city, and shall be approved by the city at the time of initial occupancy. (Ord. 2852 § 10 (Exh. A), 2011).

The purpose of this chapter is to provide an alternate process for the subdivision of land into unit lots for the creation of townhouse, cottage housing, middle housing, and similar developments. This process allows for fee-simple ownership while applying development standards primarily to a parent lot, rather than to the individual lots resulting from a subdivision. (Ord. 3368 § 1 (Exh. A), 2025; Ord. 3350 § 4 (Exh. A), 2025).

(1) The provisions of this chapter apply exclusively to the subdivision of land for middle housing, cottage housing, townhouses, accessory dwelling units, and multiple detached single-family residences, in which no dwelling units are stacked on another dwelling unit or other use. These regulations ensure that development on individual unit lots need not conform to minimum lot area or dimensional standards, provided the overall development of the parent lot meets applicable standards.

(2) A unit lot subdivision is permitted in all residential zones and in the mixed use zone.

(3) The terms “parent lot” and “unit lot” are defined in MMC 22A.020.130 (see “Lot, parent” and “Lot, unit”), and “unit lot subdivision” is defined in MMC 22A.020.220.

(4) A unit lot subdivision creates a relationship between the parent lot and two or more unit lots created.

(5) A unit lot subdivision may be used for any development with two or more dwelling units on a parent lot that meets the standards of this chapter.

(6) A unit lot subdivision may be combined with a subdivision or short subdivision so long as the portion of the development utilizing this chapter meets the requirements of this chapter.

(7) Existing developments which meet or can be brought into conformance with the requirements of this chapter may apply for a unit lot subdivision under the conditions of this chapter.

(8) Subdivisions with a commercial or other nonresidential use must be approved through a binding site plan under Chapter 22G.100 MMC. (Ord. 3368 § 1 (Exh. A), 2025; Ord. 3350 § 4 (Exh. A), 2025).

(1) Unit lots are subject to all applicable requirements of MMC Title 22, Unified Development Code, except as modified by this chapter.

(2) Development on individual unit lots need not conform to minimum lot area, density, lot frontage, or dimensional requirements; provided, that development on the parent lot must conform to these requirements.

(3) All buildings shall meet all applicable provisions set forth in MMC Titles 9, Fire, and 16, Building.

(4) Access for the unit lot subdivision shall be provided as follows:

(a) Unit lot subdivisions creating nine or fewer unit lots may be served via a private multifamily drive aisle, alley, or private road;

(b) Unit lot subdivisions creating 10 to 30 unit lots may be served via a private multifamily drive aisle, alley, or PRD access street;

(c) Unit lot subdivisions creating 31 unit lots or more may be served via a private multifamily drive aisle or a PRD access street with parking. If a PRD access street with parking is provided, the on-street parking requirement may be eliminated when replaced with common off-street parking area(s) providing a minimum of one off-street guest parking space for every four dwelling units;

(d) Projects proposing a single-family detached development, or a development with duplexes in excess of 20 percent of the total dwelling units for the overall project, shall not be permitted to use a private multifamily drive aisle for access. Projects containing duplexes that access off of a multifamily drive aisle shall be required to install fire sprinklers in the duplexes;

(e) Public roads shall be built when the city engineer or designee determines that:

(i) A through-connection is needed to connect existing or future public streets, or implement city plans or standards;

(ii) Access is needed to serve landlocked property;

(iii) The connection is necessary to ensure adequate emergency service connectivity; or

(iv) A public road is needed for another compelling engineering reason;

(f) When a public road is provided, sidewalks shall be located on both sides of the road. When a private multifamily drive aisle is provided, and buildings are located, or in the future could be located, on both sides of a drive aisle, sidewalks must be provided on both sides. Where buildings are located on only one side of a drive aisle, the sidewalk must be located on the side of the drive aisle that the buildings are located on. Exception: When a drive aisle is constructed along a common property line and no buildings are currently proposed on that side of the drive aisle, the requirement for the sidewalk on that side of the drive aisle may be waived; provided, that reciprocal easements are granted to the adjacent property owner enabling access to and future construction of the sidewalk;

(g) When access is provided via a private multifamily drive aisle, covenants and restrictions shall be prepared ensuring that fire access is maintained and that parking does not occur on the drive aisle. The covenants shall include enforcement and maintenance provisions, and must clearly indicate that it is the obligation of the homeowners’ association or lot owners within the development to tow vehicles or other objects violating access parking restrictions. The access shall be properly signed and/or marked to indicate that the access is private and the unit lot subdivision map and other title documents, as appropriate, shall clearly indicate that the access is private;

(h) The minimum allowable inside vehicle turning radius in parking and drive aisles shall be 20 feet unless fire or solid waste apparatus access is necessary, in which case the minimum inside radius shall be 30.5 feet and the outside radius shall be 46 feet or as required by the fire district or solid waste division. Turning radii are not necessarily the radii or curbs around islands and other improvements;

(i) All access must conform to the standards set forth in the city’s engineering design and development standards.

(5) Required parking for a dwelling unit may be provided on a different unit lot than the dwelling unit if the right to use the parking is formalized by an easement recorded with the Snohomish County auditor.

(6) Individual water and sewer connections shall be provided for each unit lot except as specifically exempted in MMC Title 14, Water and Sewers.

(7) A minimum of five feet of separation is required between structures.

(a) A five-foot-wide paved pathway that is free of obstructions must also be provided where determined to be necessary by the fire district to ensure adequate access for emergency services to the rear of the building.

(8) Adequate provisions for ingress, egress, emergency services, and utilities must be ensured through recorded easements. Access easements, joint use agreements, and maintenance agreements must be executed for use and maintenance of common areas and recorded with the county.

(9) Portions of the parent lot not subdivided for unit lots shall be identified as tracts and owned in common by the owners of the unit lots.

(10) Common areas and facilities, which may include parking, common open space, and storm water facilities, shall be maintained by a homeowners’ association or the owners of the unit lots.

(11) Private open space shall be provided in accordance with MMC 22C.010.330 and shall also have no dimension less than 10 feet. Parking areas shall not count towards required open space.

(12) A unit lot subdivision may be amended subject to the minor revision requirements set forth in MMC 22G.010.260(2). (Ord. 3368 § 1 (Exh. A), 2025; Ord. 3350 § 4 (Exh. A), 2025).

(1) Unit lot subdivisions shall be processed as follows:

(a) Unit lot subdivisions creating 10 or more unit lots shall be processed as a subdivision under Chapter 22G.090 MMC.

(b) Unit lot subdivisions creating nine or fewer unit lots shall be processed as a short subdivision under Chapter 22G.090 MMC.

(c) Exception: Unit lot subdivisions processed concurrently with an alternate land division process (i.e., subdivision, short subdivision, or binding site plan) shall be processed according to the underlying land use process creating the parent lots.

(2) Applications for a unit lot subdivision must fulfill the applicable requirements for a subdivision, short subdivision, or binding site plan, and also identify:

(a) Areas and facilities owned in common by the owners of the unit lots, including garages, parking, vehicle access, and open space;

(b) Access easements, joint use and maintenance agreements, and covenants, conditions, and restrictions identifying the rights and responsibilities of property owners and/or the homeowners’ association for use and maintenance of common areas; and

(c) Conformance of the parent lot with all applicable development requirements of Chapter 22G.090 MMC, Subdivisions and Short Subdivisions. (Ord. 3368 § 1 (Exh. A), 2025; Ord. 3350 § 4 (Exh. A), 2025).

Unit lot subdivisions are subject to the approval requirements set forth in Chapter 22G.090 MMC for a subdivision or short subdivision, as applicable, in addition to the following additional criteria:

(1) The requirements provided in this chapter are satisfied;

(2) The parent lot is designed to function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance, and parking;

(3) The conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access, and other improvements are identified and enforced by covenants, easements or restrictions; and

(4) Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, and parks and recreation. (Ord. 3368 § 1 (Exh. A), 2025; Ord. 3350 § 4 (Exh. A), 2025).

The plat recorded with the Snohomish County auditor for a unit lot subdivision is required to include the following in addition to the requirements in Chapter 22G.090 MMC, Subdivisions and Short Subdivisions: Article II Preliminary Subdivision Review, Article III Final Subdivision Review, and Article IV Short Subdivision Review:

(1) A title that includes “Unit lot subdivision.”

(2) Access easements, joint use and maintenance agreements, and covenants, conditions, and restrictions identifying the rights and responsibilities of property owners and/or the homeowners’ association for use and maintenance of common areas, including garages, parking, vehicle access, and open space.

(3) Note all conditions of approval.

(4) Notes to acknowledge the following:

(a) Approval of the unit lot subdivision was based on the review of the development as a whole on the parent lot and unit lots are not buildable lots independent of the overall development;

(b) Subsequent platting actions or additions or modifications to structures may not create or increase any nonconformity of the parent lot as a whole, and shall conform to the approved site plan;

(c) If a structure or portion of a structure has been damaged or destroyed, any repair, reconstruction or replacement of the structure(s) shall conform to the approved site development plan;

(d) Additional development of the individual unit lots may be limited due to the development standards that the parent lot is subject to;

(e) Individual unit lots are not separate buildable sites and additional development may be limited; and

(f) Subsequent platting actions or modifications may not create or increase nonconformity of the parent lot. (Ord. 3368 § 1 (Exh. A), 2025; Ord. 3350 § 4 (Exh. A), 2025).

Any irreconcilable conflicts between the provisions of this chapter and other sections of the Marysville Municipal Code shall be resolved in favor of the text of this chapter. (Ord. 3368 § 1 (Exh. A), 2025; Ord. 3350 § 4 (Exh. A), 2025).

(1) The city shall consolidate development application and review in order to integrate the development permit and environmental review process, while avoiding duplication of the review processes.

(2) All applications for development permits, variances and other city approvals under the development code shall be submitted on forms provided by the department of community development. All applications shall be acknowledged by the property owner. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Informal. Applicants for development are encouraged to participate in an informal meeting prior to the formal preapplication meeting. The purpose of the meeting is to discuss, in general terms, the proposed development, city design standards, design alternatives, and required permits and approval process.

(2) Formal. Every person proposing a development, with exception of building permits, in the city shall attend a preapplication meeting. The purpose of the meeting is to discuss the nature of the proposed development, application and permit requirements, fees, review process and schedule, applicable plans, policies and regulations. In order to expedite development review, the city shall invite all affected jurisdictions, agencies and/or special districts to the preapplication meeting. (Ord. 2852 § 10 (Exh. A), 2011).

(1) All applications for approval under MMC Title 22 shall include the information specified in the applicable title. The director may require such additional information as reasonably necessary to fully and properly evaluate the proposal.

(2) The applicant shall apply for all permits identified in the preapplication meeting. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Within 28 days of receiving an application, the city shall review the application and, as set forth below, provide applicants with a written determination that the application is complete or incomplete.

(2) A project application shall be declared complete only when it contains all of the following materials:

(a) A fully completed, signed, and acknowledged development application and all applicable review fees.

(b) A fully completed, signed, and acknowledged environmental checklist for projects subject to review under the State Environmental Policy Act.

(c) The information specified for the desired project in the appropriate chapters of the Marysville Municipal Code and as identified in MMC 22G.010.040.

(d) Any supplemental information or special studies identified by the director.

(3) For applications determined to be incomplete, the city shall identify, in writing, the specific requirements or information necessary to constitute a complete application. Upon submittal of the additional information, the city shall, within 14 days, issue a letter of completeness or identify what additional information is required. (Ord. 3328 § 2 (Exh. B), 2024; Ord. 2852 § 10 (Exh. A), 2011).

(1) Immediately following the issuance of a letter of completeness, the city shall schedule a meeting of the technical review committee (TRC). The TRC may be composed of representatives of all affected city departments, utility districts, the fire department, and any other entities or agencies with jurisdiction.

(2) The TRC shall review the development application for compliance with city plans and regulations, coordinate necessary permit reviews, and identify the development’s environmental impacts. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Developments and planned actions subject to the provisions of the State Environmental Policy Act (SEPA) shall be reviewed in accordance with the policies and procedures contained in Chapter 22E.030 MMC.

(2) SEPA review shall be conducted concurrently with development project review. The following are exempt from concurrent review:

(a) Projects categorically exempt from SEPA;

(b) Components of previously completed planned actions, to the extent permitted by law and consistent with the EIS for the planned action. (Ord. 2852 § 10 (Exh. A), 2011).

(1) In those cases where a developer would be required pursuant to any applicable city code or policy to provide a traffic engineering study as a condition of development, the city engineer or his designee may evaluate whether any traffic study previously completed at public expense adequately addresses the traffic issues that would be expected to be covered in a private, site-specific study. In such cases, the city engineer may waive a developer’s site-specific traffic engineering study and instead authorize the payment of a fee to be paid in lieu of such study as reimbursement of a portion of the city’s costs of an engineering study.

(2) The fee to be reimbursed to the city shall be administratively determined in the sole discretion of the city engineer and shall be based upon the following:

(a) The total cost of the city’s study;

(b) The scope and area of the city’s study as compared to the area that would have been required to be studied by the private developer;

(c) The degree to which the city’s study is expected to be used in lieu of other site-specific private developer studies in the future;

(d) Such other and further factors as the city engineer deems relevant.

There shall be no appeal from the decision of the city engineer. The decision of the city engineer shall be issued in writing.

(3) In the event the private developer disagrees with the amount determined to be reimbursed to the city, the developer may appeal the administrative determination to the city’s hearing examiner pursuant to Chapter 22G.060 MMC. Said appeal shall be filed in writing with the city engineer not later than 14 calendar days from the issuance of the administrative determination. Failure to file an appeal within said time period shall be deemed as acceptance of the administrative determination. He shall conduct his own study at his own expense.

(4) If it is determined by the city engineer or other appropriate authority that the city study needs to be updated with respect to a particular property or use, the developer shall do so at its own expense. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Concurrently with issuing a letter of completeness under MMC 22G.010.050, or within 14 days of an application being deemed complete, the city shall issue a notice of development application. The notice shall include but not be limited to the following:

(a) The name of the applicant;

(b) Date of application;

(c) The date of the letter of completeness;

(d) The location of the project;

(e) A project description;

(f) The requested approvals, actions, and/or required studies;

(g) A public comment period not less than 14 nor more than 30 days. The length of the comment period will be based on complexity of the project, as determined by the director;

(h) Identification of existing environmental documents;

(i) A city staff contact and phone number; and

(j) A statement that the decision on the application will be made within the required review time frames established in MMC 22G.010.010(3).

(2) The notice of development application shall be posted on the subject property, posted on the city’s website, published once in a newspaper of general circulation and mailed to all owners of real property located within 300 feet of any boundary of the subject property.

(3) The notice of development application shall be issued prior to and is not a substitute for required notice of a public hearing.

(4) A notice of application is not required for the following actions:

(a) Accessory dwelling units;

(b) Bed and breakfasts;

(c) Boundary line adjustments;

(d) Critical areas management determinations made in accordance with Chapter 22E.010 MMC;

(e) Extensions of time for approval;

(f) Home occupations; and

(g) Minor revisions to approved developments or permits in accordance with MMC 22G.010.260. (Ord. 3328 § 3 (Exh. C), 2024; Ord. 3256 § 4 (Exh. D), 2023; Ord. 2852 § 10 (Exh. A), 2011).

(1) Notice of administrative approvals subject to notice under MMC 22G.010.160 shall be sent to the applicant and all parties of record.

(2) The notice shall include:

(a) A description of the preliminary approval granted, including any conditions of approval;

(b) A place where further information may be obtained; and

(c) A statement that final approval will be granted unless an appeal requesting a public hearing is filed with the community development department within 14 days of the date of the notice. (Ord. 3256 § 5 (Exh. E), 2023; Ord. 3107 § 5, 2018; Ord. 2852 § 10 (Exh. A), 2011).

Notice of a public hearing for all development applications and all open record appeals shall be given as follows:

(1) Time of Notices. Except as otherwise required, public notification of meetings, hearings, and pending actions under MMC Title 22 shall be made by the following actions which shall occur at least 10 days before the date of the public meeting, hearing, or pending action:

(a) Publishing in the official newspaper if one has been designated or a newspaper of general circulation in the city;

(b) Posting on the city’s website;

(c) Mailing to all owners of real property located within 300 feet of any boundary of the subject property; and

(d) Posting on the subject property. Said sign shall be exempt from the city’s zoning and sign codes. All signs required to be posted shall remain in place until a preliminary land use decision has been issued. Following that decision, the applicant must remove the sign within 14 calendar days.

(2) Content of Notice. The public notice shall include the name of the applicant, a general description of the proposed project, action to be taken, a nonlegal description of the property or a vicinity map or sketch, the time, date and place of the public hearing, and the place where further information may be obtained.

(3) Continuations. If for any reason a meeting or hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date certain and no further notice under this section is required. (Ord. 3256 § 6 (Exh. F), 2023; Ord. 2852 § 10 (Exh. A), 2011).

Notice of appeal hearings for administrative approvals shall be provided in accordance with MMC 22G.010.110. (Ord. 3256 § 7 (Exh. G), 2023; Ord. 2852 § 10 (Exh. A), 2011).

The hearing examiner’s decision shall be sent to the applicant and all parties of record within five calendar days of the decision being issued. (Ord. 3256 § 8 (Exh. H), 2023; Ord. 2852 § 10 (Exh. A), 2011).

(1) A review process which consolidates different permits is the standard review process utilized in the city. A single report, as described in MMC 22G.010.170(1), will be prepared for a development application. During a development application review, the city will not reconsider fundamental land use planning decisions which have been made in the adopted comprehensive plan or development regulations.

(2) A neighborhood meeting is required to be conducted by the applicant prior to submittal of an application for projects which, in the discretion of the director, have the potential to raise significant neighborhood issues. Public notice shall be given to the affected neighborhood consistent with MMC 22G.010.110(1)(b).

(3) During project review, the city shall determine whether the project is consistent with the following items described in the applicable plans and regulations:

(a) Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as planned residential developments and conditional uses, if the criteria for their approval have been satisfied;

(b) Density of residential development in urban growth areas;

(c) Availability and adequacy of public facilities identified in the comprehensive plan; and

(d) Development standards. (Ord. 2852 § 10 (Exh. A), 2011).

(1) The director may approve, approve with conditions, or deny the following without notice:

(a) Accessory dwelling units;

(b) Bed and breakfasts;

(c) Boundary line adjustments;

(d) Critical areas management determinations made in accordance with Chapter 22E.010 MMC;

(e) Extensions of time for approval;

(f) Home occupations; and

(g) Minor revisions to approved developments or permits in accordance with MMC 22G.010.260.

(2) Director’s decisions under this section shall be final on the date issued. (Ord. 3256 § 9 (Exh. I), 2023; Ord. 2981 § 3, 2015; Ord. 2852 § 10 (Exh. A), 2011).

(1) The director may grant preliminary approval or approval with conditions, or may deny the following actions subject to the notice provisions in MMC 22G.010.100 and appeal requirements of this section:

(a) Binding site plans;

(b) Conditional use permits;

(c) Major revisions to approved developments or permits in accordance with MMC 22G.010.270;

(d) Master plans for properties under ownership or contract of applicant(s);

(e) Shoreline permits for substantial developments;

(f) Short subdivisions;

(g) Site plans with commercial, industrial, institutional (e.g., church, school), multifamily, or townhouse; and

(h) Unit lot subdivisions.

(2) Final Administrative Approvals. Preliminary approvals under this section shall become final subject to the following:

(a) If no appeal is submitted, the preliminary approval becomes final at the expiration of the 14-day notice period.

(b) If a written notice of appeal is received within the specified appeal periods, the matter will be referred to the hearing examiner for an open record public hearing. (Ord. 3366 § 102 (Exh. XXXX), 2025; Ord. 3352 § 105 (Exh. XXXX), 2025; Ord. 3256 § 10 (Exh. J), 2023; Ord. 3107 § 6, 2018; Ord. 2852 § 10 (Exh. A), 2011).

(1) Staff Report. The director or designee shall prepare a staff report on the proposed development or action summarizing the comments and recommendations of city departments, affected agencies and special districts, and evaluating the development’s consistency with the city’s development code, adopted plans and regulations. The staff report shall include findings, conclusions and proposed recommendations for disposition of the development application. The report shall be prepared at least seven days prior to the public hearing.

(2) Hearing. The hearing examiner shall conduct an open record hearing on development proposals for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with the city’s development code, adopted plans and regulations. Notice of the hearing shall be in accordance with MMC 22G.010.110.

(3) Required Findings. The hearing examiner shall not approve a proposed development without first making the following findings and conclusions:

(a) The development is consistent with the comprehensive plan and meets the requirements and intent of the Marysville Municipal Code.

(b) The development makes adequate provisions for open space, environmentally sensitive areas, drainage, streets and other public ways, transit stops, water supply, sanitary wastes, public utilities and infrastructure, parks and recreation facilities, playgrounds, sites for schools and school grounds.

(c) The development is beneficial to the public health, safety and welfare and is in the public interest.

(d) The development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the comprehensive plan. If the development results in a level of service lower than those set forth in the comprehensive plan, the development may be approved if improvements or strategies to raise the level of service above the minimum standard are made concurrent with the development. For the purpose of this section, “concurrent with the development” is defined as the required improvements or strategies in place at the time of occupancy, or a financial commitment is in place to complete the improvements or strategies within six years of approval of the development.

(e) The area, location and features of land proposed for dedication are a direct result of the development proposal, are reasonably needed to mitigate the effects of the development, and are proportional to the impacts created by the development.

(4) Decision. Upon approving or disapproving a development proposal or action, the hearing examiner shall prepare and adopt a written decision setting forth its findings, conclusions, recommendations, and effective date of the decision, as set forth herein and in Chapter 22G.060 MMC. (Ord. 2852 § 10 (Exh. A), 2011).

Only one open record hearing is allowed per project. Open record hearings shall be conducted in accordance with city ordinance and the hearing examiner’s rules of procedure and shall serve to create or supplement an evidentiary record upon which the decision shall be based. (Ord. 2852 § 10 (Exh. A), 2011).

A party to a public hearing may seek reconsideration only of a final decision by filing a written request for reconsideration with the director within 14 days of the final written decision. The request shall comply with MMC 22G.010.550(3). The examiner shall consider the request within seven days of filing the same. The request may be decided without public comment or argument by the party filing the request. If the request is denied, the previous action shall become final. If the request is granted, the hearing examiner may immediately revise and re-issue his or her decision. Reconsideration should be granted only when a legal error has occurred or a material factual issue has been overlooked that would change the previous decision. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Time. The final decision on a development proposal shall be made within the review time frames established in MMC 22G.010.010(3). Exceptions to this include:

(a) Amendments to the comprehensive plan or development code.

(b) Any time required to correct plans, perform studies or provide additional information; provided, that within 14 days of receiving the requested additional information, the director shall determine whether the information is adequate to resume the project review.

(c) Substantial project revisions made or requested by an applicant, in which case the required review time frames established in MMC 22G.010.010(3) will be calculated from the time that the city determines the revised application is complete.

(d) All time required for the preparation and review of an environmental impact statement.

(e) Projects involving the siting of an essential public facility.

(f) An extension of time mutually agreed upon by the city and the applicant.

(g) All time required to obtain a variance.

(h) Any reconsideration by the hearing body.

(i) All time required for the administrative appeal of a determination of significance.

(2) Effective Date. The final decision of the council or hearing body shall be effective on the date stated in the decision, motion, resolution, or ordinance; provided, that the date from which appeal periods shall be calculated shall be the date the council or hearing body takes action on the motion, resolution, or ordinance. (Ord. 3328 § 4 (Exh. D), 2024; Ord. 2852 § 10 (Exh. A), 2011).

(1) Any application which has been determined to be complete, and for which the applicant fails to complete the next application step for a period of 180 days after issuance of the determination of completeness, or for a period of 180 days after the city of Marysville has requested additional information or studies, will expire by limitation and become null and void. The department may grant a 180-day extension on a one-time basis per application. In no event shall an application be pending for more than 360 days from the date the application is deemed complete. For purposes of this subsection, all time during which the city is reviewing materials submitted by an applicant will be excluded. This subsection shall apply to applications regardless of whether the applications were submitted prior to the effective date of this section, as amended.

(2) Applications deemed complete pursuant to MMC 22G.010.050 shall obtain a land use decision and pursue any local appeals within the time frames set forth in MMC 22G.010.010(3). Any time when the city is reviewing a submittal shall be excluded from these time frames. (Ord. 3328 § 5 (Exh. E), 2024; Ord. 2913 § 3, 2012).

(1) Construction plans for projects reviewed under the development code shall be approved for a period of 60 months from the date the city signs the “City of Marysville Construction Drawing Review Acknowledgement” block included on the civil construction plans or until expiration of the preliminary plat, preliminary short plat, binding site plan, conditional use permit or site plan approval.

(2) The city may grant an extension of up to 12 months, if substantial progress has been made by the applicant to complete construction of the approved project. Extensions shall be considered on a case-by-case basis by the public works director or designee and will require a letter to be submitted to the city requesting the extension. Said letter shall demonstrate that the project has made substantial construction progress, the reason for the extension request, and an estimated timeline for completion of construction.

(3) When the approval period (or any extension thereof) expires, the city’s approval of the construction plans shall be deemed automatically withdrawn. In order to receive further consideration by the city after such expiration and automatic withdrawal, construction plans must be re-submitted and must comply with the current code requirements. (Ord. 2852 § 10 (Exh. A), 2011).

The department shall:

(1) Prescribe, prepare and provide the form on which applications required by this code are made; and

(2) Prescribe the type of information to be submitted by the applicant. (Ord. 2852 § 10 (Exh. A), 2011).

The department shall not commence review of any application set forth in this chapter until the property owner has submitted the materials and fees specified for complete applications. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Applications for conditional use permits, variances, and zone reclassifications shall be considered complete as of the date of submittal upon determination by the department that the materials submitted contain the following:

(a) Application forms provided by the department and completed by the applicant;

(b) Certificates of sewer and water availability from the appropriate purveyors, where sewer and/or water service is proposed to be obtained from a purveyor, confirming that the proposed water supply and/or sewage disposal are adequate to serve the development in compliance with adopted state and local system design and operating guidelines;

(c) Identification on the site plan of all easements, deed restrictions, or other encumbrances restricting the use of the property, if applicable;

(d) Proof that the lot or lots are recognized as separate lots pursuant to the provisions of Chapter 22G.090 MMC, Subdivisions and Short Subdivisions;

(e) A sensitive area report, if applicable;

(f) A completed environmental checklist, if required by Chapter 22E.030 MMC, procedures and policies for implementing the State Environmental Policy Act;

(g) Payment of any development permit review fees, excluding impact fees; and

(h) Complete applications for other required permits that are required to be processed concurrently with the proposed application, or copies of approved permits that are required to be obtained prior to the proposed application.

(2) Applications found to contain material errors shall not be deemed complete until such material errors are corrected.

(3) The community development director may waive specific submittal requirements determined to be unnecessary for review of an application. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Purpose. The purpose of this section is to implement plan policies and state laws that provide for vesting. This section is intended to provide property owners, permit applicants, and the general public assurance that regulations for project development will remain consistent during the lifetime of the application. The section also establishes time limitations on vesting for permit approvals and clarifies that once those time limitations expire, all current development regulations and current land use controls apply.

(2) Applicability. This section applies to complete applications and permit approvals required by the city of Marysville pursuant to MMC Title 22, including and limited to land use permits, preliminary subdivisions, final subdivisions, short subdivisions, unit lot subdivisions, binding site plans, conditional use permits, shoreline development permits and any other land use permit application that is determined by Washington State law to be subject to the Vested Rights Doctrine. Vesting of building permit applications is governed by the rules of RCW 19.27.095 and MMC Title 16.

(3) Vesting of Applications.

(a) An application described in subsection (2) of this section shall be reviewed for consistency with the applicable development regulations in effect on the date the application is deemed complete.

(b) An application described in subsection (2) of this section shall be reviewed for consistency with the construction and utility standards in effect on the date the separate application for a construction or utility permit is deemed complete. An applicant may submit a separate construction or utility permit application simultaneously with any application described in subsection (2) of this section to vest for a construction or utility standard. The application or approval of a construction or utility permit or the payment of connection charges or administrative fees to a public utility does not constitute a binding agreement for service and shall not establish a vesting date for development regulations used in the review of applications described in subsection (2) of this section.

(c) An application described in subsection (2) of this section utilizing vested rights shall be subject to all development regulations in effect on the vesting date.

(d) An application described in subsection (2) of this section that is deemed complete is vested for the specific use, density, and physical development that is identified in the application submittal.

(e) Applications submitted pursuant to MMC Title 22 that are not listed in subsection (2) of this section shall be governed by those standards which apply to said application. These applications shall not vest for any additional development regulations.

(f) The property owner is responsible for monitoring the time limitations and review deadlines for the application. The city shall not be responsible for maintaining a valid application. If the application expires, a new application may be filed with the community development department, but shall be subject to the development regulations in effect on the date of the new application.

(4) Duration of Vesting.

(a) Land Use Permits. The development of an approved land use permit shall be governed by the terms of approval of the permit unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare.

(b) Preliminary Subdivision. Development of an approved preliminary subdivision shall be based on the controls contained in the hearing examiner’s decision. A final subdivision meeting all of the requirements of the preliminary subdivision approval shall be submitted within the time period specified in MMC 22G.090.170 and RCW 58.17.140. Any extension of time beyond the time period specified in MMC 22G.090.170 and RCW 58.17.140 may contain additional or altered conditions and requirements based on current development regulations and other land use controls.

(c) Land Use Permits Associated with a Preliminary Subdivision. Land use permit applications, such as planned residential development applications that are approved as a companion to a preliminary subdivision application shall remain valid for the duration of the preliminary and final subdivision as provided in subsections (4)(b) and (d) of this section.

(d) Final Subdivision. The lots in a final subdivision may be developed by the terms of approval of the final subdivision, and the development regulations in effect at the time the preliminary subdivision application was deemed complete for a period as specified in RCW 58.17.170 unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare.

(e) Short Subdivision or Unit Lot Subdivision. The lots in a short subdivision or unit lot subdivision may be developed by the terms and conditions of approval, and the development regulations in effect at the time the application was deemed complete for a period specified in RCW 58.17.170 unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare.

(f) Binding Site Plan. The lots in a binding site plan may be developed by the terms of approval of the binding site plan, and the development regulations in effect at the time the application was deemed complete unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare.

(g) All approvals described in this section shall be vested for the specific use, density, and physical development that is identified in the permit approval.

(h) Sign Permit. A sign permit shall expire if the permit is not exercised within one year of its issuance. No extensions of the expiration date shall be permitted.

(i) Stormwater Design Requirements. See MMC 14.15.015 for stormwater design vesting time frames.

(5) Waiver of Vesting. A property owner may voluntarily waive vested rights at any time during the processing of an application by delivering a written and signed waiver to the director stating that the property owner agrees to comply with all development regulations in effect on the date of delivery of the waiver. Any change to the application is subject to the modification criteria described in MMC 22G.010.260 and 22G.010.270 and may require revised public notice and/or additional review fees. (Ord. 3366 § 103 (Exh. YYYY), 2025; Ord. 3352 § 106 (Exh. YYYY), 2025; Ord. 3218 § 5 (Exh. E), 2022; Ord. 2981 § 4, 2015; Ord. 2852 § 10 (Exh. A), 2011).

The purpose and intent of this section is to provide an administrative process for minor revisions to approved development applications. For the purposes of this section, approved development applications shall include preliminary approval for subdivisions, short subdivisions, and unit lot subdivisions, and final approval prior to construction for all other development applications.

(1) A minor revision to an approved residential development application is limited to the following when compared to the original development application; provided, that there shall be no change in the proposed type of development or use:

(a) Short subdivisions shall be limited to no more than one additional lot, provided the maximum number of lots allowed in a short subdivision is not exceeded.

(b) Subdivisions, planned residential developments, middle housing, cottage housing, townhouses and multiple-family developments shall be limited to the lesser of:

(i) A 10 percent increase in the number of lots or units; or

(ii) An additional 10 lots or units, provided the additional/lots units will not cause the project to exceed the maximum categorical exemption threshold level established in MMC 22E.030.090.

(c) A reduction in the number of lots or units.

(d) A change in access points may be allowed when combined with subsection (1)(a) or (1)(b) of this section or as a standalone minor revision; provided, that it does not change the trip distribution. No change in access points that changes the trip distribution can be approved as a minor revision.

(e) A change to the project boundaries required to address surveying errors or other issues with the boundaries of the approved development application; provided, that the number of lots or units cannot be increased above the number that could be approved as a minor revision to the original approved development application on the original project site before any boundary changes.

(f) A change to the internal lot lines that does not increase lot or unit count beyond the amount allowed for a minor revision.

(g) A change in the aggregate area of designated open space that does not decrease the amount of designated open space by more than 10 percent. Under no circumstances shall the quality or amount of designated open space be decreased to an amount that is less than that required by code.

(h) A change not addressed by the criteria in subsections (1)(a) through (1)(g) of this section which does not substantially alter the character of the approved development application or site plan and prior approval.

(2) A minor revision to an approved unit lot subdivision application is limited to the following when compared to the original development application; provided, that there shall be no change in the proposed type of development or use:

(a) The outer boundaries of the fee simple unit lot subdivision (other than for survey discrepancies).

(b) The dimensions of lot lines within the fee simple unit lot subdivision by more than two percent.

(c) The conditions of preliminary fee simple unit lot subdivision approval.

(d) Road alignments or connections and/or do not increase the number of lots.

(3) A minor revision to an approved nonresidential development application is limited to the following when compared to the original development application; provided, that there is no change in the proposed type of development or use or no more than a 10 percent increase in trip generation:

(a) A utility structure shall be limited to no more than a 400-square-foot increase in the gross floor area.

(b) All other structures shall be limited to no more than a 10 percent increase in the gross floor area.

(c) A change in access points when combined with subsection (2)(a) or (b) of this section or as a standalone minor revision.

(d) A change which does not substantially alter the character of the approved development application or site plan and prior approval.

(4) A minor revision may be approved subject to the following:

(a) An application for a minor revision shall be submitted on forms approved by the community development department. An application for a minor revision shall not be accepted if a variance is required to accomplish the change to the approved development.

(b) An application for a minor revision shall be accompanied by any fees specified in Chapter 22G.030 MMC.

(c) An application for a minor revision shall require notification of the relevant city departments and agencies.

(d) An application for a minor revision shall be subject to the development regulations in effect as of the date the original development application was determined to be complete.

(e) The director shall grant approval of the request for a minor revision if it is determined that the minor revision does not substantially alter:

(i) The previous approval of the development application;

(ii) The final conditions of approval; or

(iii) The public health, safety and welfare.

(f) A minor revision shall be properly documented as a part of the records for the approved development application.

(g) A minor revision does not extend the life or term of the development application approval and concurrency determination, which shall run from the original date of:

(i) Preliminary approval for subdivisions, short subdivisions, or unit lot subdivisions; or

(ii) Approval for all other development applications.

(5) The final determination of what constitutes a minor revision shall be made by the community development director. (Ord. 3366 § 104 (Exh. ZZZZ), 2025; Ord. 3352 § 107 (Exh. ZZZZ), 2025; Ord. 2981 § 5, 2015; Ord. 2852 § 10 (Exh. A), 2011).

The purpose and intent of this section is to provide a process for major revisions to approved residential development applications. Residential development applications shall include short subdivisions, subdivisions, single-family detached unit, middle housing, cottage housing, townhouses and multiple-family developments. For the purposes of this section, approved residential development applications shall include preliminary approval for subdivisions and short subdivisions and final approval prior to construction for all other residential development applications.

(1) A major revision to an approved residential development application is limited to the following when compared to the original development application, provided there is no change in the proposed type of development or use:

(a) Subdivisions, single-family detached unit, middle housing, cottage housing, townhouses and multiple-family developments shall be limited to the lesser of:

(i) A 20 percent increase in the number of lots or units; or

(ii) An additional 20 lots or units.

(b) A change in access points, when combined with subsection (1)(a) of this section.

(c) A change to the project boundaries required to address surveying errors or other issues with the boundaries of the approved development application; provided, that the number of lots or units cannot be increased above the number that could be approved as a minor revision to the original approved development application on the original project site before any boundary changes.

(d) A change to the internal lot lines when combined with another criteria in subsection (1) of this section that does not increase lot or unit count beyond the amount allowed for a major revision.

(e) A change in the aggregate area of designated open space beyond that allowed as a minor revision; provided, that the decrease will not result in an amount that is less than that required by code.

(f) A change not addressed by the criteria in subsections (1)(a) through (1)(e) of this section which does not substantially alter the character of the approved development application or site plan and prior approval.

(2) A major revision shall require processing through the same process as a new development application subject to the following:

(a) An application for a major revision shall be submitted on forms approved by the department. An application for a major revision shall not be accepted if a variance is required to accomplish the change to the approved development.

(b) An application for a major revision shall be accompanied by any fees specified in Chapter 22G.030 MMC.

(c) An application for a major revision shall require public notice pursuant to MMC 22G.010.090.

(d) An application for a major revision shall be subject to the development regulations in effect as of the date the original development application was determined to be complete.

(e) The community development director or the hearing examiner shall grant approval of the major revision if it is determined that the major revision does not substantially alter:

(i) The previous approval of the development application;

(ii) The final conditions of approval; or

(iii) The public health, safety and welfare.

(f) A major revision shall be properly documented as a part of the records for the approved development application.

(g) A major revision does not extend the life or term of the development application approval and concurrency determination, which shall run from the original date of:

(i) Preliminary approval for subdivisions or short subdivisions; or

(ii) Approval for all other residential development applications.

(3) The final determination of what constitutes a major revision shall be made by the community development director. (Ord. 3366 § 105 (Exh. AAAAA), 2025; Ord. 3352 § 108 (Exh. AAAAA), 2025; Ord. 2981 § 6, 2015).

Any proposed revision to an approved development application that does not meet the criteria in MMC 22G.010.260 or MMC 22G.010.270 shall require a new development application and a new completeness determination. The new application shall conform to the development regulations which are in effect at the time the new development application is determined complete. (Ord. 2981 § 7, 2015).

(1) The department may cease processing of a complete application while awaiting supplemental information which is found to be necessary for continued review subsequent to the initial screening by the department.

(2) The department shall set a reasonable deadline for the submittal of such supplemental information and shall provide written notification to the applicant by certified mail. An extension of such deadline may be granted upon submittal by the applicant of a written request providing satisfactory justification for an extension.

(3) Failure by the applicant to meet such deadline shall be cause for the department to cancel/deny the application.

(4) When granting a request for a deadline extension, the department shall give consideration to the number of days between receipt by the department of a written request for a deadline extension and the mailing to the applicant of the department’s decision regarding that request. (Ord. 2981 § 8, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.270).

The applicant shall attest by written oath to the accuracy and completeness of all information submitted for an application. (Ord. 2981 § 9, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.280).

Upon denial by the city council of a zone reclassification or a conditional use permit, no new application for substantially the same proposal shall be accepted within one year from the date of denial. (Ord. 2981 § 10, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.290).

The following actions shall be subject to administrative review by the community development director, or designee, for determining compliance with the provisions of this title and/or any applicable development conditions which may affect the proposal:

(1) Building permits;

(2) Grading permits; and

(3) Temporary use permits. (Ord. 2981 § 11, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.300).

(1) The community development director shall approve with conditions or deny permits based on compliance with this title and any other development conditions affecting the proposal.

(2) Community development director decisions may be appealed to the hearing examiner.

(3) Permits approved through code compliance review shall be effective for the time periods and subject to the terms set out as follows:

(a) Building permits shall comply with the International Building Code as adopted by the city of Marysville;

(b) Grading permits shall comply with Chapter 22D.050 MMC and the International Building Code as adopted by the city of Marysville; and

(c) Temporary use permits shall comply with Chapter 22C.110 MMC. (Ord. 2981 § 12, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.310).

The following action shall be subject to the community development director review procedures set forth in this chapter:

(1) Applications for conditional uses. (Ord. 2981 § 13, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.320).

(1) The department shall provide published, posted and mailed notice pursuant to Article II of this chapter, Public Notice Requirements, for all applications subject to community development director review.

(2) Written comments and materials regarding applications subject to community development director review procedures shall be submitted within the public comment period established pursuant to MMC 22G.010.090, Notice of development application. (Ord. 3107 § 7, 2018; Ord. 2981 § 14, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.330).

Following the comment period provided in MMC 22G.010.350, the community development director shall:

(1) Review the information in the record and render a decision pursuant to MMC 22G.010.380; or

(2) Forward the application to the hearing examiner for public hearing, if:

(a) Adverse comments are received from at least five persons or agencies during the comment period which are relevant to the decision criteria of Article VI of this chapter, or state specific reasons why a hearing should be held; or

(b) The community development director determines that a hearing is necessary to address issues of vague, conflicting or inadequate information, or issues of public significance. (Ord. 2981 § 15, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.340).

When a hearing before the hearing examiner is deemed necessary by the community development director:

(1) Application processing shall not proceed until the supplemental permit review fees set forth in the MMC are received; and

(2) The application shall be deemed withdrawn if the supplemental fees are not received within 30 days of applicant notification by the department. (Ord. 2981 § 16, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.350).

Decisions regarding the approval or denial of proposals subject to community development director review pursuant to MMC 22G.010.340 shall be based upon compliance with the required showings of Article VI of this chapter, Land Use Application – Decision Criteria. (Ord. 2981 § 17, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.360).

Permit approvals which are subject to review per MMC 22G.010.340 shall have a time limit of two years from issuance or date of the final appeal decision, whichever is applicable, in which any required conditions of approval must be met; however, conditional use approval for schools shall have a time limit of five years. The time limit may be extended one additional year by the community development director or the hearing examiner if the applicant provides written justification prior to the expiration of the time limit. For the purpose of this chapter, “issuance or date” shall be the date the permit is issued or date upon which the hearing examiner’s decision is issued on an appeal of a permit, whichever is later. A permit is effective indefinitely once any required conditions of approval have been met.

Exception: Effective until December 31, 2011, a one-time, 36-month time extension, less any previously approved one-year extension, may be granted by the community development director for any unexpired conditional use permit approved prior to December 31, 2009, if the applicant or successor:

(1) Files with the community development director a sworn and notarized declaration that final conditional use permit approval will be delayed as a result of adverse market conditions and an inability of the applicant to secure financing; and

(2) Is current on all invoices for work performed by the department on the conditional use permit review. (Ord. 2981 § 18, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.370).

The purposes of this section are to allow for consistent evaluation of land use applications and to protect nearby properties from the possible effects of such requests by:

(1) Providing clear criteria on which to base a decision;

(2) Recognizing the effects of unique circumstances upon the development potential of a property;

(3) Avoiding the granting of special privileges;

(4) Avoiding development which may be unnecessarily detrimental to neighboring properties;

(5) Requiring that the design, scope and intensity of development are in keeping with the physical aspects of a site and adopted land use policies for the area; and

(6) Providing criteria which emphasize protection of the general character of neighborhoods. (Ord. 2981 § 19, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.380).

A temporary use permit shall be granted by the city only if the applicant demonstrates that:

(1) The proposed temporary use will not be materially detrimental to the public welfare;

(2) The proposed temporary use is compatible with existing land use in the immediate vicinity in terms of noise and hours of operation;

(3) Adequate public off-street parking and traffic control for the exclusive use of the proposed temporary use can be provided in a safe manner; and

(4) The proposed temporary use is not otherwise permitted in the zone in which it is proposed. (Ord. 2981 § 20, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.390).

(1) A variance shall be granted by the city only if the applicant demonstrates all of the following:

(a) The strict enforcement of the provisions of this title creates an unnecessary hardship to the property owner;

(b) The variance is necessary because of the unique size, shape, topography, or location of the subject property;

(c) The subject property is deprived, by provisions of this title, of rights and privileges enjoyed by other properties in the vicinity and under an identical zone;

(d) The need for the variance is not the result of deliberate actions of the applicant or property owner;

(e) The variance does not create health and safety hazards;

(f) The variance does not allow establishment of a use that is not otherwise permitted in the zone in which the proposal is located;

(g) The variance does not allow the creation of lots or densities that exceed the base residential density for the zone;

(h) The variance is the minimum necessary to grant relief to the applicant;

(i) The variance from setback or height requirements does not infringe upon or interfere with easements; and

(2) In granting any variance, the city may prescribe appropriate conditions and safeguards that will ensure that the purpose and intent of this title shall not be violated. Violation of such conditions and safeguards when made part of the terms under which the variance is granted is a violation of this title and punishable under MMC Title 4. (Ord. 2981 § 21, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.400).

A conditional use permit shall be granted by the city only if the applicant demonstrates that:

(1) The conditional use is designed in a manner which is compatible with the character and appearance of the existing or proposed development in the vicinity of the subject property;

(2) The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties;

(3) The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property, and will be in harmony with the area in which it is to be located and in general conformity with the comprehensive plan of development of Marysville and its environs;

(4) Requested modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of this title;

(5) The conditional use will not endanger the public health or safety if located where proposed and developed, and the use will not allow conditions which will tend to generate nuisance conditions such as noise, dust, glare, or vibration;

(6) The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood;

(7) The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities;

(8) The use meets all required conditions and specifications set forth in the zone where it proposes to locate;

(9) The use will not be injurious or detrimental to adjoining or abutting property, or that the use is a public necessity;

(10) In addition, the city may impose specific conditions precedent to establishing the use and conditions may include:

(a) Increasing requirements in the standards, criteria or policies established by this title;

(b) Stipulating the exact location as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic;

(c) Requiring structural features or equipment essential to serve the same purposes as set forth in subsection (10)(b) of this section;

(d) Imposing conditions similar to those set forth in subsections (10)(b) and (c) of this section, as deemed necessary to establish parity with uses permitted in the same zone in their freedom from nuisance-generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, and physical hazards; and

(11) A conditional use permit to site a secure community transition facility must comply with the following additional criteria:

(a) Before issuance of a conditional use permit, the applicant shall have complied with all applicable requirements for the siting of an essential public facility;

(b) The siting of a secure community transition facility must comply with all provisions of state law, including requirements for public safety, staffing, security, and training, and those standards must be maintained during the duration of the use;

(c) A secure community transition facility should be located on property of sufficient size and frontage to allow the residents an opportunity for secure on-site recreational activities typically associated with daily needs and residential routines;

(d) If state funds are available, the Department of Social and Health Services should enter into a mitigation agreement with the city of Marysville for training and the costs of that training with local law enforcement and administrative staff, and local government staff, including training in coordination, emergency procedures, program and facility information, legal requirements, and resident profiles;

(e) The applicant must show that the property meets all above requirements and, further, if more than one site is being considered, preference must be given to the site furthest removed from risk potential activities or facilities. (Ord. 2981 § 22, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.410).

(1) A zone reclassification shall be granted only if the applicant demonstrates that the proposal is consistent with the comprehensive plan and applicable functional plans and complies with the following criteria:

(a) There is a demonstrated need for additional zoning as the type proposed;

(b) The zone reclassification is consistent and compatible with uses and zoning of the surrounding properties;

(c) There have been significant changes in the circumstances of the property to be rezoned or surrounding properties to warrant a change in classification;

(d) The property is practically and physically suited for the uses allowed in the proposed zone reclassification.

(2) Property at the edges of land use districts can make application to rezone property to the bordering zone without applying for a comprehensive plan map amendment if the proponent can demonstrate:

(a) The proposed land use district will provide a more effective transition point and edge for the proposed land use district than strict application of the comprehensive plan map would provide due to neighboring land uses, topography, access, parcel lines or other property characteristics;

(b) The proposed land use district supports and implements the goals, objectives, policies and text of the comprehensive plan more effectively than strict application of the comprehensive plan map; and

(c) The proposed land use change will not affect an area greater than 10 acres, exclusive of critical areas. (Ord. 2981 § 23, 2015; Ord. 2898 § 17, 2012; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.420).

(1) General Procedures. A rezone requires a two-step approval process:

(a) The preliminary plan and rezone application are considered together through the normal rezone process; and

(b) A final plan is reviewed administratively after the rezone has been approved. No development permits shall be issued until a final plan has been approved by the city.

(2) Alternative Procedure – Concurrent Rezone, and Preliminary Subdivision/Binding Site Plan. Concurrent applications for rezone and preliminary subdivision/binding site plan may be made; provided, that all items required for the entirety of the rezone site are submitted at the time application is made. The rezone application and preliminary subdivision/binding site plan shall be processed as a master permit application.

(3) City-Initiated Rezone – Alternative Procedure. When recommended by the city comprehensive plan, the city may initiate rezoning as part of the comprehensive plan implementation process. When this alternative is exercised, the provisions of subsections (1) and (2) of this section shall be waived. Prior to development of the site, the developer shall submit a final development plan and fees as required by city codes to the community development department for review and approval. (Ord. 2981 § 24, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.430).

A home occupation permit shall be granted by the city only if the applicant demonstrates that the home occupation will be conducted in compliance with the provisions of Chapter 22C.190 MMC. (Ord. 2981 § 25, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.440).

The hearing examiner shall retain continuing jurisdiction over all variances and conditional use permits. Upon a petition being filed by any person with a substantial and direct interest in a variance or conditional use permit, or by any public official, alleging that a condition has been violated or that modifications to the variance or conditional use permit are necessary, the hearing examiner may call a public hearing for the purpose of reviewing that variance or conditional use permit. Notice of the public hearing shall be as provided in accordance with MMC 22G.010.110. Immediately upon a petition for review being accepted by the hearing examiner, the community development director may, for good cause shown, issue a stop work order to temporarily stay the force and effect of all or any part of the variance or conditional use permit in question until such time as the review is finally adjudicated. Following a hearing, the hearing examiner may reaffirm, modify or rescind all or any part of the variance or conditional use permit being reviewed. Appeal of the hearing examiner decision shall be to the superior court pursuant to MMC 22G.010.560. (Ord. 2981 § 26, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.450).

The decision of the city granting a permit or a variance shall be canceled and automatically become null and void if the owner of the subject property has not obtained a building permit and/or occupancy permit in compliance with the decision within two years from the date of the decision. (Ord. 2981 § 27, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.460).

A variance or conditional use permit runs with the land. Compliance with the conditions of any such variance or permit is the responsibility of the current owner of the property, whether that be the applicant or a successor. (Ord. 2981 § 28, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.470).

After reviewing the planning commission’s recommendation concerning a proposed text amendment to MMC Title 22, the city council may amend, supplement, or change by ordinance any of the provisions in this title. (Ord. 2981 § 29, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.480).

Amendments to the text of this title may be initiated by the city council, the planning commission, city staff, or petition submitted by a citizen. (Ord. 2981 § 30, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.490).

Amendments to the text of this title may be made if all the following findings are made:

(1) The amendment is consistent with the purposes of the comprehensive plan;

(2) The amendment is consistent with the purpose of this title;

(3) There have been significant changes in the circumstances to warrant a change;

(4) The benefit or cost to the public health, safety and welfare is sufficient to warrant the action. (Ord. 2981 § 31, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.500).

The applicant must demonstrate that the proposed amendment meets the conditions of the required findings in MMC 22G.010.520. (Ord. 2981 § 32, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.510).

(1) Only a single open record hearing will be held on any development project permit application. Administrative decisions are appealable to the hearing examiner. The hearing examiner will conduct a public hearing in which public testimony and new information may be presented (open record hearing).

(2) Appeals of hearing examiner’s decisions shall be made to superior court as provided in MMC 22G.010.560. (Ord. 2981 § 33, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.520).

(1) Administrative interpretations and administrative approvals may be appealed by applicants or aggrieved adjacent property owners to the hearing examiner. Appeals shall be filed within 14 days of the notice of decision.

(2) Filing. Appeals of administrative interpretations and administrative approvals shall be filed in writing with the director within 14 calendar days following the date of the director’s decision and shall be accompanied by the appropriate filing fee.

(3) Grounds for Appeal. The grounds for reconsideration of a hearing examiner decision or for filing an appeal of an administrative decision shall be limited to the following:

(a) The examiner/director exceeded his jurisdiction;

(b) The examiner/director failed to follow the applicable procedure in reaching his decision;

(c) The examiner/director committed an error of law or misinterpreted the applicable city regulation, ordinance or other state law or regulation;

(d) The examiner’s/director’s findings, conclusions and/or conditions are not supported by the record; and/or

(e) Newly discovered evidence alleged to be material to the examiner’s decision which could not reasonably have been produced prior to the examiner’s/director’s decision.

Requests for reconsideration may use the additional grounds:

(f) Changes to the application proposed by the applicant in response to deficiencies identified in the decision.

(4) Contents of Appeal. The notice of appeal shall contain a concise statement identifying:

(a) A detailed statement of the grounds for appeal, making reference to each finding, conclusion, or condition which is alleged to contain error;

(b) A detailed statement of the facts upon which the appeal is based;

(c) The name and address of the appellant and his interest(s) in the matter;

(d) The appeals fee.

(5) Within 21 calendar days following timely filing of a complete appeal with the city, notice of the date, time, and place for hearing examiner consideration shall be mailed to the appellant, to the examiner, and to all other parties of record.

(6) All appeal proceedings shall be limited to those issues expressly raised in a timely written appeal.

(7) The director’s decisions which have been timely appealed shall go to the hearing examiner for consideration within no sooner than 21 nor longer than 60 days from the date the appeal was filed. Said appeal shall be conducted as an open record hearing. Public comment and testimony shall be heard at such public hearing. (Ord. 2981 § 34, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.530).

(1) Appeals from the final decision of the hearing examiner, or other city board or body involving MMC Title 22 and for which all other appeals specifically authorized have been timely exhausted, shall be made to Snohomish County superior court pursuant to the Land Use Petition Act, Chapter 36.70C RCW, within 21 days of the date the decision or action became final, unless another applicable appeal process or time period is established by state law or local ordinance.

(2) Notice of the appeal and any other pleadings required to be filed with the court shall be served as required by law within the applicable time period. This requirement is jurisdictional.

(3) The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such appeal shall be borne by the appellant. The record of the proceedings shall be prepared by the city or such qualified person as it selects. The appellant shall post with the city clerk prior to the preparation of any records an advance fee deposit in the amount specified by the city clerk. Any overage will be promptly returned to the appellant. (Ord. 2981 § 35, 2015; Ord. 2852 § 10 (Exh. A), 2011. Formerly 22G.010.540).

This chapter shall be known as the subdivision ordinance of the city. (Ord. 2852 § 10 (Exh. A), 2011).

These regulations are authorized by Chapter 58.17 RCW and other applicable state laws and city ordinances. (Ord. 2852 § 10 (Exh. A), 2011).

(1) The purpose of these regulations is to regulate the division of land and to promote the public health, safety and general welfare in accordance with standards established by the state and city; to prevent the overcrowding of land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to provide for adequate provisions for water, sewer, parks and recreation areas, sites for schools and school grounds and other public requirements; to provide proper ingress and egress; to provide for the expeditious review and approval of proposed subdivisions and short subdivisions; to adequately provide for the housing and commercial needs of the citizens of the city; to promote design that is compatible with the natural environment; and to require uniform monumenting of land and conveyancing by accurate legal description.

(2) It is further the purpose of these regulations to provide for and promote the health, safety and welfare 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 these regulations.

(3) It is the specific intent of these regulations to place the obligation of complying with its requirements upon the property owner and applicant and no provision or term used in these regulations is intended to impose any duty whatsoever upon the city or any of its officers, employees or agents, for whom the implementation or enforcement of these regulations shall be discretionary and not mandatory.

(4) Nothing contained in these regulations 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, employees or agents, for any injury or damage resulting from the failure to comply with these regulations, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of these regulations, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of these regulations by its officers, employees or agents. (Ord. 2852 § 10 (Exh. A), 2011).

These regulations shall apply to all divisions of all lands within the incorporated area of the city. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Divisions of Land – Compliance with State Law and This Title. Every division or redivision of land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership shall proceed in compliance with the provisions of state law and this title. All contiguous parcels of land, regardless of date of acquisition or location in different lots, tracts, parcels, tax lots or separate government lots, that are to be subdivided or short subdivided shall constitute a single subdivision or short subdivision action. Multiple applications and/or exemptions shall not be utilized as a substitute for comprehensive subdividing or short subdividing in accordance with the requirements of this title.

(2) Exemptions.

(a) The provisions of this title as they relate to subdivisions shall not apply to:

(i) Cemeteries and other burial plots while used for that purpose;

(ii) A division made by testamentary provisions, or the laws of descent;

(iii) Boundary line adjustments pursuant to the city boundary line adjustment ordinance;

(iv) A division which is made by subjecting a portion of a parcel or tract of land to Chapter 64.32 RCW (Horizontal Property Regimes Act) or Chapter 64.34 RCW (Condominium Act) if the city has approved a binding site plan for all such land, and the requirements of RCW 58.17.040(7) have been met;

(v) A division of land into lots, tracts or parcels classified for business, commercial and industrial use pursuant to the city’s binding site plan ordinance (Chapter 22G.100 MMC);

(vi) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers is to be placed upon the land and when a binding site plan has been approved by the city for the use of the land, pursuant to Chapter 22C.230 MMC, Mobile Home Parks, and Chapter 22C.240 MMC, Recreational Vehicle Parks;

(vii) A division for the purpose of leasing land for facilities providing personal wireless service while used for that purpose.

(b) The provisions of this title as they relate to short subdivisions shall not apply to:

(i) Cemeteries and other burial plots while used for that purpose;

(ii) A division made by testamentary provisions, or the laws of descent;

(iii) Boundary line adjustments pursuant to the city boundary line adjustment ordinance (Chapter 22G.110 MMC);

(iv) A division which is made by subjecting a portion of a parcel or tract of land to Chapter 64.32 RCW (Horizontal Property Regimes Act) or Chapter 64.34 RCW (Condominium Act) if the city has approved a binding site plan for all such lands, and the requirements of RCW 58.17.040(7) have been met;

(v) A division of land into lots, tracts or parcels classified for business, commercial and industrial use pursuant to the city’s binding site plan ordinance;

(vi) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are to be placed upon the land when a binding site plan has been approved by the city for the use of the land, pursuant to Chapter 22C.230 MMC, Mobile Home Parks, and Chapter 22C.240 MMC, Recreational Vehicle Parks;

(vii) A division or redivision of land for the purpose of sale, lease or transfer of ownership which is done in accordance with the subdivision requirements of this title;

(viii) A division of land for city governmental purposes limited to the acquisition of land for right-of-way and detention facilities; and

(ix) A division for the purpose of leasing land for facilities providing personal wireless service while used for that purpose.

(3) The exemptions provided in this section shall not be construed as exemptions from compliance with all other applicable standards required by the city and state. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Preapplication Meeting. Prior to submittal of a subdivision application for consideration by the city, the applicant may request a preapplication meeting with the city staff on the express condition that the city, its officers, and employees shall be held harmless and released from any claims for damages arising from discussions at said preapplication meeting. The city shall provide written comments to the applicant, and may discuss the general goals and objectives of the proposal, the overall design possibilities, the general character of the site, environmental constraints and standards of development. The focus of the meeting shall be general in nature and none of the discussions shall be interpreted as a commitment by the city or applicant. No statements or assurances made by city representatives shall in any way relieve the applicant of his or her duty to submit an application consistent with all relevant requirements of all pertinent city, state and federal codes, laws, regulations and land use plans.

(2) Preliminary Drawing.

(a) The applicant shall provide an accurate preliminary drawing to scale showing lot layout, existing and proposed building location, size, access, utilities, open space, water sources, adjacent land use, and five-foot contours. This drawing must be provided before a preapplication meeting will be scheduled.

(b) If low impact development techniques, including bioretention, dispersion or infiltration, are proposed to manage storm water, the applicant shall provide a site assessment consistent with the requirements in MMC 14.15.062.

(c) The applicant shall also provide a legal description of the property and a vicinity map. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Fees. The applicant shall pay the required fees as set forth in the city’s fee schedule or other applicable resolutions or ordinances when submitting the subdivision application.

(2) Application Documents. A subdivision application shall consist of the following documents: application form, legal description, vicinity map, declaration of ownership form, proposed preliminary plat map, adjacent property owner’s form and environmental checklist. The city shall provide the above-stated forms and application instructions for required documents, which shall be used by the applicant.

(3) Preliminary Plat Map. The proposed preliminary plat map shall be submitted, which contains the following information:

(a) The name or title of the proposed subdivision;

(b) The date, north arrow, and appropriate engineering scale as approved by the community development department (e.g., one inch equals 20 feet; one inch equals 30 feet; one inch equals 40 feet; one inch equals 50 feet; one inch equals 60 feet);

(c) Boundary lines of tract, lot lines, lot number, block number;

(d) Location and name of existing and proposed streets and right-of-way;

(e) Drainage channels, watercourses, marshes, lakes and ponds;

(f) All significant wooded areas as characterized by evergreen trees eight inches in diameter or greater and/or deciduous trees 12 inches in diameter or greater, measured four and one-half feet above grade;

(g) Existing structures and setbacks;

(h) The location of existing driveways;

(i) All easements and uses;

(j) Existing and proposed utilities services;

(k) Fire hydrant location and distance;

(l) Grading plans with topographic relief of:

(i) Less than five percent across the subject property should reflect existing and proposed topography at two-foot elevations;

(ii) Less than two percent across the subject property should reflect existing and proposed contours at two-foot elevations, as well as spot elevations on a 25-foot grid reflecting existing and developed properties;

(iii) Less than 15 percent should reflect existing and proposed topography at five-foot elevations;

(iv) Equal to or greater than 15 percent across the subject property should reflect existing and proposed contours at five-foot elevations. Cross-sections reflecting existing and developed conditions at intervals of 25 feet to 50 feet should be provided to facilitate the preservation of natural topography. Driveway profiles should be provided that reflect the maximum vertical grade of 15 percent for the driveway and include reasonable transitions and landings to promote safe access from the right-of-way to the driveway. This may necessitate identifying maximum and minimum finished floor elevations for garages;

(v) Critical slopes exceeding 25 percent must be labeled and delineated by a clearly visible hatching;

(m) Preliminary street profile together with a preliminary storm drainage plan and report;

(n) A typical cross-section of the proposed street improvements;

(o) Any regulated sensitive area such as wetlands, steep slopes or wildlife habitat;

(p) All contour lines shall be extended at least 100 feet beyond the external boundaries of the property proposed for subdivision;

(q) Grading plans shall take into consideration MMC 22G.090.560, Building design with natural slope.

(4) Additional Application Requirements. If the city finds the presence of any of the following site conditions, then the city may require the applicant to provide additional information such as detailed studies and site plans:

(a) Site has existing slopes exceeding 15 percent for more than 50 (running) feet;

(b) Site has a permanent drainage course or wetlands;

(c) Conditions exist on the site or in the area adjacent to the site which may contribute to or cause erosion, drainage problems, surface slippage or other geological hazards;

(d) Site has other unique physical features or sensitive features;

(e) The subdivision will result in 10 or more peak-hour vehicular trips onto public streets, or sight distance/safety concern.

(5) Subdivisions Processed Simultaneously. Unless an applicant for preliminary subdivision approval requests otherwise, a preliminary plat shall be processed simultaneously with any application for rezones, variances, planned residential development site plans, street vacations and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. (Ord. 2852 § 10 (Exh. A), 2011).

If the application meets all the requirements specified in MMC 22G.090.070, then the application shall be deemed complete in accordance with MMC 22G.010.150, and the community development department shall circulate copies of the preliminary subdivision application to relevant city departments and affected agencies. The Washington State Department of Transportation shall be routed the application if the subdivision is located adjacent to state highway right-of-way. The department or agency shall review the preliminary subdivision and furnish the community development department with a report as to the effect the proposed subdivision may have upon their area of responsibility and expertise, and the public health, safety and general welfare. The reports shall include recommendations as to the extent and types of improvements to be provided, and a recommendation as to the approval of the subdivision. (Ord. 3256 § 14 (Exh. N), 2023; Ord. 2852 § 10 (Exh. A), 2011).

The community development department shall prepare a written recommendation for the hearing examiner for approval or disapproval of the preliminary subdivision which shall be entitled “staff report,” and which shall include the reports and recommendations of the city departments and of other consulted government agencies. This report shall be prepared at least seven calendar days prior to the public hearing. (Ord. 2852 § 10 (Exh. A), 2011).

The application for the preliminary subdivision along with the staff report shall be placed on the hearing examiner’s agenda. (Ord. 2852 § 10 (Exh. A), 2011).

Notice of the public hearing shall be provided in accordance with MMC 22G.010.110. (Ord. 3256 § 15 (Exh. O), 2023; Ord. 2852 § 10 (Exh. A), 2011).

After notice of the public hearing has been given per MMC 22G.010.110 and 22G.090.110, the hearing examiner will consider the proposed subdivision and its compliance with MMC 22G.090.130. (Ord. 3256 § 16 (Exh. P), 2023; Ord. 2852 § 10 (Exh. A), 2011).

The following shall provide a basis for approval or disapproval of a proposed subdivision:

(1) Public Use and Interest. Evaluation of the proposed subdivision to determine whether the public use and interest are served by permitting the proposed subdivision;

(2) Public Health, Safety and General Welfare. Evaluation of the proposed subdivision to determine whether the public health, safety and general welfare have been served;

(3) Comprehensive Plan. Evaluation of all elements of the comprehensive plan and its consistency with the proposed subdivision;

(4) Existing Zoning. Evaluation of existing zoning and its compliance with the proposed subdivision and Article V of this chapter, Land Division Requirements;

(5) Natural Environment. Evaluation of the impacts and provision for mitigation of all impacts on all elements of the natural environment including topography, vegetation, soils, geology and all environmental issues as defined in the State Environmental Policy Act, Chapter 197-11 WAC and Article V of this chapter, Land Division Requirements;

(6) Drainage. Evaluation of all drainage impacts and provisions made for mitigation of all drainage impacts as defined in the city’s drainage codes and Article V of this chapter, Land Division Requirements;

(7) Open Space. Evaluation of all impacts and provision for open space as defined in Article V of this chapter, Land Division Requirements;

(8) Public Systems Capacity. Evaluation of all impacts and provisions made for mitigation of impacts on public systems including parks, schools, and community facilities as defined in Article V of this chapter, Land Division Requirements;

(9) Public Services. Evaluation of all impacts and provisions made for mitigation of impacts on public services including streets, all public utilities, and fire and police protection as defined in Article V of this chapter, Land Division Requirements;

(10) Floodplain. Identification of subdivisions proposed in the floodplain and compliance with requirements of this chapter and Chapter 22E.020 MMC, Floodplain Management. (Ord. 2852 § 10 (Exh. A), 2011).

(1) If the hearing examiner finds that appropriate provisions have been made according to MMC 22G.090.130, then the hearing examiner may determine that the subdivision be approved. If the hearing examiner finds that the subdivision does not conform with the provisions of MMC 22G.090.130, and the public use and interest will not be served, then the hearing examiner may disapprove the same or return the application to the applicant for modification and conditions for approval.

(2) Each decision of the hearing examiner shall be in writing and shall include findings and conclusions based on the record to support the decision. Each decision of the hearing examiner shall be rendered within 15 calendar days following conclusion of all testimony and hearings, unless a longer period is mutually agreed to by the applicant and the hearing examiner.

(3) The decision made by the hearing examiner shall be final with a right to appeal to superior court pursuant to Chapter 22G.010 MMC, Article VIII, Appeals. (Ord. 2852 § 10 (Exh. A), 2011).

All records of the hearing examiner’s decision concerning a preliminary subdivision shall be open to public inspection at the community development department offices. (Ord. 2852 § 10 (Exh. A), 2011).

Approval of the preliminary subdivision shall constitute authorization for the applicant to develop the subdivision facilities and improvements as required in the approved preliminary subdivision. Development shall be in strict accordance with the plans and specifications as approved by the public works department and shall be subject to any conditions imposed by the hearing examiner. (Ord. 3075 § 1, 2017; Ord. 2852 § 10 (Exh. A), 2011).

(1) Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days from the date of filing a complete application unless the applicant consents to an extension of such time period or the 90-day limitation is extended to include up to 21 days as specified under RCW 58.17.095(3); provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement.

(2) Final subdivisions shall be approved, disapproved, or returned to the applicant within 30 days from the date of filing thereof, unless the applicant consents to an extension of such time period.

(3) Final subdivision approval must be acquired in accordance with RCW 58.17.140, as follows:

(a) Within five years of the date of preliminary approval, if the date of preliminary approval is on or after January 1, 2015.

(b) Within seven years of the date of preliminary approval, if the date of preliminary approval is on or before December 31, 2014.

(c) Within 10 years of the date of preliminary approval, if the project is not subject to requirements adopted under Chapter 90.58 RCW and the date of preliminary plat approval is on or before December 31, 2007.

(d) An extension may be granted by the community development director for up to two years if the applicant has attempted in good faith to submit the final plat under subsections (3)(a) through (c) of this section and has filed a written request with the community development director requesting the extension at least 30 days before the expiration date. The subdivision must meet Marysville Municipal Code standards at the time of the extension request or must be able to meet Marysville Municipal Code standards using the minor amendment process in MMC 22G.010.260.

(4) If final subdivision approval is not obtained within the time frames outlined in subsection (3) of this section, the preliminary subdivision approval is void. (Ord. 3032 § 1, 2016; Ord. 2981 § 37, 2015).

The hearing examiner may determine that applications for substantial revisions of preliminary plats that were approved by Snohomish County be approved, based on the following circumstances and conditions:

(1) The preliminary plat was approved by Snohomish County in compliance with all county land use requirements that were applicable when the complete application was submitted to the county;

(2) All conditions of county approval have been satisfied, including construction and/or installation of all required infrastructure;

(3) The property owner/developer has provided a sworn and notarized declaration that the preliminary plat approved by the county can no longer be developed due to adverse market conditions and the inability to secure financing;

(4) The city council and the property owner/developer have entered into a development agreement pursuant to Chapter 36.70B RCW, which provides for the property owner/developer to retain vested rights for compliance with specified, limited county land use regulations in consideration of construction and/or installation of all county-required infrastructure and submittal to the city of a new preliminary plat application that complies with all other city land use regulations; and

(5) The city’s SEPA responsible official has determined that the new preliminary plat application and development agreement comply with the State Environmental Policy Act. (Ord. 2852 § 10 (Exh. A), 2011).

Revisions of approved preliminary subdivisions prior to installation of improvements and recording of the final subdivision shall be processed pursuant to MMC 22G.010.260 or 22G.010.270. (Ord. 2981 § 38, 2015).

Prior to the submittal of any preliminary subdivision to the city for final approval, the applicant must demonstrate compliance with all of the conditions of the preliminary approval and prepare all the necessary final documents. (Ord. 2852 § 10 (Exh. A), 2011).

The final plat map shall have dimensions of 18 inches by 24 inches with a two-inch border on the left edge and one-half-inch borders on the other edges. Information required shall include, but not be limited to:

(1) The name of the subdivision;

(2) Legal description of the entire parcel to be subdivided;

(3) The date, north arrow, and appropriate engineering scale as approved by the community development department (e.g., one inch equals 20 feet; one inch equals 30 feet; one inch equals 40 feet; one inch equals 50 feet; one inch equals 60 feet);

(4) Boundary lines, right-of-way for streets, easements, and property lines of lots and other sites with accurate bearings, dimensions or angles and arcs, and of all curve data;

(5) Names and right-of-way widths of all streets within the subdivision and immediately adjacent to the subdivision. Street names shall be consistent with the names of existing adjacent streets;

(6) Number of each lot consecutively;

(7) Address for each lot as provided by the city;

(8) Reference to covenants and special plat restrictions, either to be filed separately or on the face of the plat;

(9) Zoning setback lines, building sites when required by city;

(10) Location, dimensions and purpose of any easements, noting if the easements are private or public;

(11) Location and description of monuments and all lot corners set and found;

(12) Primary control points, and datum elevations if applicable, approved by the public works department. Descriptions and ties to all control points will be shown with dimensions, angles and bearings;

(13) Existing structures, all setbacks, and all encroachments. (Ord. 3329 § 1 (Exh. A), 2024; Ord. 3210 § 1, 2022; Ord. 2852 § 10 (Exh. A), 2011).

(1) All streets, highways and parcels of land shown on the final plat and intended for public use shall be offered for dedication for public use, except where the provisions of this title provide otherwise.

(2) Streets, or portions of streets, may be required to be set aside by the city for future dedication where the immediate opening and improvement are not required, but where it is necessary to ensure that the city can later accept dedication when the streets become needed for future development of the area or adjacent areas.

(3) Easements being dedicated shall be indicated on the face of the plat as follows: an easement shall be reserved for and granted to all utilities serving the subject plat and their respective successors and assigns, under and upon the exterior 10 feet parallel with and adjoining the street frontage of all lots in which to install, lay, construct, renew, operate and maintain underground conduits, cables, pipe and wires with necessary facilities and other equipment for the purpose of serving this subdivision and other property with electric, telephone and utility service together with the right to enter upon the lots at all times for the purposes herein stated. Drainage easements designated on the plat are hereby reserved for and granted to the city of Marysville, except those designated on the plat as private easements, together with the right of ingress and egress and the right to excavate, construct, operate, maintain, repair and/or rebuild an enclosed or open-channel storm water conveyance system and/or other drainage facilities, under, upon or through the drainage easement. (Ord. 2852 § 10 (Exh. A), 2011).

Acknowledgments and certificates required by this title shall be in language substantially similar to that indicated in the following subsections:

(1) Dedications. The intention of the owner shall be evidenced by his presentation for filing of a final plat clearly showing the dedication thereof and bearing the following certificate signed by all real parties of interest:

Know all men by these presents that _________ the undersigned owner(s), in fee simple of the land hereby platted, and ________, the mortgage thereof, hereby declare this plat and dedicate to the use of the public forever all streets, avenues, places and sewer easements or whatever public property there is shown on the plat and the use for any and all public purposes not inconsistent with the use thereof for public highway purposes. Also, the right to make all necessary slopes for cuts and fills upon lots, blocks, tracts, etc. shown on this plat in the reasonable original grading of all the streets, avenues, places, etc. shown hereon. Also, the right to drain all streets over and across any lot or lots where water might take a natural course after the street or streets are graded. Also, all claims for damage against any governmental authority are waived which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of said roads.

Following original reasonable grading of the roads and ways hereon, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way to hamper proper road drainage. The owner of any lot or lots, prior to making any alteration in the drainage system after the recording of the plat, must make application to and receive approval from the director of the department of public works for said alteration. Any enclosing of drainage waters in culverts or drains or rerouting thereof across any lot as may be undertaken by or for the owner of any lot shall be done by and at the expense of such owner. IN WITNESS WHEREOF we set our hands and seals this ___ day of ____, 20__.

In the event that a waiver of right of direct access is included, then the certificate shall contain substantially the following additional language:

That said dedication to the public shall in no way be construed to permit a right of direct access to street ______ from lots numbered ____ nor shall the city of Marysville or any other local governmental agency ever be required to grant a permit to build or construct an access of approach to said street from said lots.

(2) Acknowledgment.

STATE OF WASHINGTON)

: ss.

COUNTY OF SNOHOMISH)

This is to certify that on this ___ day of ____, 20__, before me, the undersigned, a notary public, personally appeared ______, to me known to be the person(s) who executed the foregoing dedication and acknowledgment to me that signed the same as ______ free and voluntary act and deed for the uses and purposes therein mentioned.

Witness my hand and official seal the day and year first above-written.

NOTARY PUBLIC in and for the State of Washington, residing at

_____________________

(Seal)

(3) Restrictions. The following restrictions shall show on the face of the final plat:

(a) No further subdivision of any lot without resubmitting for formal plat procedure.

(b) The sale or lease of less than a whole lot in any subdivision platted and filed under Title 22 of the Marysville Municipal Code is expressly prohibited except in compliance with Title 22 of the Marysville Municipal Code.

(c) The following shall be required when the plat contains a private road:

The cost of construction and maintaining all roads not herein dedicated as public roads shall be the obligation of all of the owners and the obligation to maintain shall be concurrently the obligation of any corporation in which title of the roads and streets may be held. In the event that the owners of any lots served by the roads or streets of this plat shall petition the council to include these roads or streets in the public road system, the petitioners shall be obligated to bring the same to city road standards applicable at the time of petition in all respects, including dedication of rights-of-way, prior to acceptance by the city.

(d) All landscaped areas in public rights-of-way shall be maintained by the developer and his successor(s) and may be reduced or eliminated if deemed necessary for or detrimental to city road purposes.

(e) The location and height of all fences and other obstructions within an easement as dedicated on this plat shall be subject to the approval of the Director of Public Works or his designee.

(4) Approvals.

(a) Examined and approved this ____ day of ____, 20__.

_________________________________

City Engineer, City of Marysville

(b) Examined and approved this ______ day of ____, 20__.

__________________________________

Community Development Director,
City of Marysville

(c) Examined, found to be in conformity with applicable zoning and other land use controls, and approved this ______ day of ____, 20__.

_______________     _________________

Mayor     Attest: City Clerk

(5) Certificates.

(a) I hereby certify that the plat of _____ is based upon an actual survey and subdivision of Section ____, Township ____ North, Range ___ EWM as required by the state statutes; that the distances, courses and angles are shown thereon correctly; that the monuments shall be set and lot and block corners shall be staked correctly on the ground, that I fully complied with the provisions of the state and local statutes and regulations governing platting.

____________________

Licensed Land Surveyor     (Seal)

(b) I hereby certify that all state and county taxes heretofore levied against the property described herein, according to the books and records of my office, have been fully paid and discharged, including _____ taxes.

_________________________

Treasurer, Snohomish County

(c) Filed for record at the request of ____ this ____ day of ____, 20__, at ____ minutes past ___m, and recorded in Vol. ____ of Plats, page ____, records of Snohomish County, Washington.

_________________________

Auditor, Snohomish County

(Ord. 2852 § 10 (Exh. A), 2011).

All final subdivision applications shall be accompanied by a title company certification current to within 30 days from filing of final plat; provided, however, the applicant shall be responsible for updating the title report to ensure that it is current as of the time of final plat review. This report must confirm that the title of the lands as described and shown on the subdivision plat is in the name of the owners signing the plat map. (Ord. 2852 § 10 (Exh. A), 2011).

The applicant shall submit copies of restrictions and covenants, if any, proposed to be imposed upon the use of the land. Such restrictions and covenants, if not on the face of the plat, must be recorded prior to or simultaneously with the subdivision. (Ord. 2852 § 10 (Exh. A), 2011).

The final plat must be accompanied by a complete survey in accordance with MMC 22G.090.780. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Applicants for final subdivision approval shall file their final plats meeting all the requirements of Chapter 58.17 RCW and this title with the city’s community development department. The community development department shall review the final plat and circulate it to other city departments to determine whether the requirements of this title have been met.

(2) The community development director and city engineer shall determine whether requirements of this title have been met. If the requirements have been met, they shall certify that the proposed final plat meets the requirements of Chapter 58.17 RCW and this title.

(3) If either the community development director or the city engineer determines that the requirements of this title have not been met, the final plat shall be returned to the applicant for modification, correction or other action as may be required for approval.

(4) Pursuant to the requirements of RCW 58.17.150, neither the community development director nor the city engineer shall modify the requirements made in the hearing examiner approval of the preliminary plat when approving the final plat without the consent of the applicant, except as provided in Chapter 58.17 RCW. (Ord. 3075 § 2, 2017; Ord. 2852 § 10 (Exh. A), 2011).

(1) To ensure all conditions have been met, the community development director and city engineer will determine whether the subdivision proposed for final subdivision approval conforms to all terms of preliminary approval, and whether the subdivision meets the requirements of this title, applicable state laws and all other local ordinances adopted by the city which were in effect at the time of preliminary approval.

(2) If the conditions have been met, the mayor will inscribe and execute the city’s written approval on the face of the plat map. If the community development director and city engineer disapprove the plat, it will be returned to the applicant with reasons for denial and conditions for compliance. (Ord. 3075 § 3, 2017; Ord. 2852 § 10 (Exh. A), 2011).

(Ord. 2981 § 39, 2015; Ord. 2852 § 10 (Exh. A), 2011).

When the community development director and city engineer find that the subdivision proposed for final approval has met all the conditions of final approval, then the applicant shall give the original plat of said final subdivision for recording to the Snohomish County auditor. The applicant will also furnish the city with an electronic copy of the recorded subdivision. (Ord. 3210 § 2, 2022; Ord. 3075 § 4, 2017; Ord. 2852 § 10 (Exh. A), 2011).

As required by RCW 58.17.170, a subdivision shall be governed by the terms of the approval of the final plat, and any lots created thereunder shall be a valid land use notwithstanding any change in zoning laws for a period of no less than five years from date of filing, unless the city council finds that a change in conditions in subdivision creates a serious threat to the public health or safety. (Ord. 2852 § 10 (Exh. A), 2011).

Every division or redivision of land into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership shall proceed in compliance with the provisions of this article. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Preapplication Meeting. Prior to submittal of a short subdivision application for consideration by the city, the applicant may request a preapplication meeting with the city staff on the express conditions that the city, its officers, and employees shall be held harmless and released from any claims for damages arising from discussions at said preapplication meeting. The city shall provide written comments to the applicant, and may discuss the general goals and objectives of the proposal, the overall design possibilities, the general character of the site, including environmental constraints, and development. The focus of the meeting shall be general in nature and none of the discussions shall be interpreted as a commitment by the city or applicant. No statements or assurances made by city representatives shall in any way relieve the applicant of his or her duty to submit an application consistent with all relevant requirements of all pertinent city, state and federal codes, laws, regulations and land use plans.

(2) Preliminary Drawing.

(a) The applicant shall provide an accurate drawing showing proposed lot layout, existing building location, size, access, utilities location, open space and adjacent land use. This drawing must be provided to the city before a preapplication meeting may be scheduled.

(b) The applicant shall also provide a legal description of the property and a vicinity map. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Fees. The applicant shall pay the required fees when submitting the short subdivision application.

(2) Application Documents. A short subdivision application shall consist of the following documents: application form, legal description form, declaration of ownership form, vicinity maps, proposed plat map, adjacent property owner’s form and environmental checklist. The city shall provide the above-stated forms and application instructions for required documents, in which event they shall be used by the applicant.

(3) Preliminary Short Plat Map. The proposed preliminary short plat map shall be submitted which contains the following information:

(a) The name or title of the proposed short subdivision;

(b) The date, north arrow and appropriate engineering scale as approved by the community development department (e.g., one inch equals 20 feet; one inch equals 30 feet; one inch equals 40 feet; one inch equals 50 feet; one inch equals 60 feet);

(c) Boundary lines of tract, lot lines, lot number, block number;

(d) Location and name of existing and proposed streets and right-of-way;

(e) Drainage channels, watercourses, marshes, lakes and ponds;

(f) All significant wooded areas as characterized by evergreen trees eight inches in diameter or greater and/or deciduous trees 12 inches in diameter or greater, measured four and one-half feet above grade;

(g) Existing structures and setbacks;

(h) The location of existing driveways;

(i) All easements and uses;

(j) Existing and proposed utilities services;

(k) Fire hydrant location and distance;

(l) Five-foot contour lines;

(m) Preliminary street profile together with a preliminary grading and storm drainage plan;

(n) A typical cross-section of the proposed street improvements;

(o) Any regulated sensitive area such as wetlands, steep slopes or wildlife habitat.

(4) Additional Application Requirements. If the city finds the presence of any of the following site conditions, then the city may require the applicant to provide additional information such as detailed studies and site plans.

(a) Site has existing slopes exceeding 15 percent for more than 50 (running) feet;

(b) Site has permanent drainage course or wetlands;

(c) Conditions exist on the site or in the area adjacent to the site which may contribute to or cause erosion, drainage problems, surface slippage or other geological hazards;

(d) Site has other unique physical features or sensitive features;

(e) The subdivision will result in 10 or more peak-hour vehicular trips onto public streets, or sight distance/safety concern.

(5) Subdivisions Processed Simultaneously. Unless an applicant for preliminary short subdivision approval requests otherwise, a preliminary short plat shall be processed simultaneously with any application for rezones, variances, planned residential development site plans, street vacations and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. (Ord. 2852 § 10 (Exh. A), 2011).

(1) If the preliminary short subdivision application meets all the requirements specified in MMC 22G.090.330, then the application shall be deemed complete in accordance with MMC 22G.010.150, and the community development department shall circulate copies of the preliminary short subdivision application to relevant city departments and affected agencies. The Washington State Department of Transportation shall be routed the application if the short subdivision application is located adjacent to state highway right-of-way. The department or agency shall review the preliminary short subdivision and furnish the community development department with a report as to the effect the proposed short subdivision may have upon their area of responsibility and expertise, and the public health, safety and general welfare. The reports shall include recommendations as to the extent and types of improvements to be provided, and a recommendation as to the approval of the short subdivision.

(2) Notice of the development application and a comment period shall be provided in accordance with MMC 22G.010.090. (Ord. 3256 § 17 (Exh. Q), 2023; Ord. 2852 § 10 (Exh. A), 2011).

Except upon lands covered by water, the approval of short plats or short subdivisions pursuant to the procedures required by RCW 58.17.060 is categorically exempt from State Environmental Policy Act review in accordance with WAC 197-11-800(6), but not including further short subdivision or short platting within a plat or subdivision previously exempted. (Ord. 2852 § 10 (Exh. A), 2011).

The following shall provide a basis for approval or disapproval of a proposed short subdivision:

(1) Public Use and Interest. Evaluation of the proposed short subdivision to determine whether the public use and interest are served;

(2) Public Health, Safety and General Welfare. Evaluation of the proposed subdivision to determine whether the public health, safety and general welfare have been served and that the subdivision is consistent with the requirements of RCW 58.17.110;

(3) Comprehensive Plan. Evaluation of all elements of the comprehensive plan and its consistency with the proposed short subdivision;

(4) Existing Zoning. Evaluation of existing zoning and its compliance with the proposed short subdivision and Article V of this chapter, Land Division Requirements;

(5) Natural Environment. Evaluation of the impacts and provision for mitigation of all impacts on all elements of the natural environment including topography, vegetation, soils, geology and all environmental issues as defined in the State Environmental Policy Act, Chapter 197-11 WAC and Article V of this chapter, Land Division Requirements;

(6) Drainage. Evaluation of all drainage impacts and provisions made for mitigation of all drainage impacts as defined in the city’s comprehensive drainage ordinance and Article V of this chapter, Land Division Requirements;

(7) Open Space. Evaluation of all impacts and provision for open space as defined in Article V of this chapter, Land Division Requirements;

(8) Public Systems Capacity. Evaluation of all impacts and provisions made for mitigation of impacts on public systems including parks, schools and community facilities as defined in Article V of this chapter, Land Division Requirements;

(9) Public Services. Evaluation of all impacts and provisions made for mitigation of impacts on public services including streets, all public utilities, fire and police protection as defined in Article V of this chapter, Land Division Requirements;

(10) Floodplain. Identification of short subdivisions proposed in the floodplain and compliance with requirements of this title and Chapter 22E.020 MMC, Floodplain Management;

(11) Sidewalks. Pursuant to RCW 58.17.060(2), the applicant shall be required to show that sidewalks are provided to assure safe walking conditions for students who walk to and from school. (Ord. 2852 § 10 (Exh. A), 2011).

(1) If the city engineer and community development director find that appropriate provisions have been made according to MMC 22G.090.360, then the short subdivision may be granted preliminary approval. If the city engineer and community development director find that the short subdivision does not make the appropriate provision for MMC 22G.090.360, the city may disapprove or return it to the applicant for modification and conditions for approval.

(2) The preliminary short subdivision decision shall be in writing and shall include findings of fact and conclusions.

(3) Approval of the preliminary short subdivision by the planning director and city engineer shall constitute authorization for the applicant to develop the short subdivision facilities and improvements as required in the approved preliminary short subdivision. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Preliminary short subdivisions and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days from the date of filing a complete application unless the applicant consents to an extension of such time period or the 90-day limitation is extended to include up to 21 days as specified under RCW 58.17.095(3); provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement.

(2) Final short subdivisions shall be approved, disapproved, or returned to the applicant within 30 days from the date of filing thereof, unless the applicant consents to an extension of such time period.

(3) Final short subdivision approval must be acquired in accordance with RCW 58.17.140, as follows:

(a) Within five years of the date of preliminary approval, if the date of preliminary approval is on or after January 1, 2015.

(b) Within seven years of the date of preliminary approval, if the date of preliminary approval is on or before December 31, 2014.

(c) Within 10 years of the date of preliminary approval, if the project is not subject to requirements adopted under Chapter 90.58 RCW and the date of preliminary plat approval is on or before December 31, 2007.

(d) An extension may be granted by the community development director for up to two years if the applicant has attempted in good faith to submit the final short plat under subsections (3)(a) through (c) of this section and has filed a written request with the community development director requesting the extension at least 30 days before the expiration date. The short plat must meet Marysville Municipal Code standards at the time of the extension request or must be able to meet Marysville Municipal Code standards using the minor amendment process in MMC 22G.010.260.

(4) If final short subdivision approval is not obtained within the time frames outlined in subsection (3) of this section, the preliminary subdivision approval is void. (Ord. 3032 § 2, 2016; Ord. 2981 § 40, 2015; Ord. 2894 § 4, 2012; Ord. 2852 § 10 (Exh. A), 2011).

Revisions of approved preliminary short subdivisions prior to installation of improvements and recording of the final short subdivision shall be processed pursuant to MMC 22G.010.260 or 22G.010.270. (Ord. 2981 § 41, 2015).

Prior to the submittal of any final short subdivision to the city for final approval, the applicant must demonstrate compliance with the conditions of the preliminary approval and prepare and complete to the satisfaction of the city all of the final documents. (Ord. 2852 § 10 (Exh. A), 2011).

The final short plat map shall have dimensions of 18 inches by 24 inches with a two-inch border on the left edge and one-half-inch borders on the other edges. Information required shall include, but not be limited to:

(1) The date, north arrow, and appropriate engineering scale as approved by the community development department (e.g., one inch equals 20 feet; one inch equals 30 feet; one inch equals 40 feet; one inch equals 50 feet; one inch equals 60 feet);

(2) Boundary lines, right-of-way for streets, easements, and property lines of lots and other sites with accurate bearings, dimensions or angles and arcs, and of all curve data;

(3) Names and right-of-way widths of all streets within the short subdivision and immediately adjacent to the subdivision. Street names will be consistent with the names of existing adjacent streets;

(4) Number of each lot consecutively;

(5) Address for each lot as provided by the city;

(6) Reference to private covenants or special plat restrictions, either to be filed separately or on the face of the plat;

(7) Zoning setback lines, building sites when required by the city;

(8) Existing structures, all setbacks, and all encroachments;

(9) Location, dimensions and purpose of any easements;

(10) Location and description of monuments and lot corners set and found;

(11) Primary control points, and datum elevations if applicable, approved by the public works department. Descriptions and ties to all control points will be shown with dimensions, angles and bearings;

(12) The final short plat will also contain the following:

(a) Dedications. The intention of the owner shall be evidenced by his presentation for filing of a final short plat clearly showing the dedication thereof and bearing the following certificate signed by all real parties of interest:

Know all men by these presents that ______ the undersigned owner(s), in fee simple of the land hereby platted, and _______, the mortgage thereof, hereby declare this short plat and dedicate to the use of the public forever all streets, avenues, places and sewer easements or whatever public property there is shown on the short plat and the use for any and all public purposes not inconsistent with the use thereof for public highway purposes. Also, the right to make all necessary slopes for cuts and fills upon lots, blocks, tracts, etc. shown on this short plat in the reasonable original grading of all the streets, avenues, places, etc. shown hereon. Also, the right to drain all streets over and across any lot or lots where water might take a natural course after the street or streets are graded. Also, all claims for damage against any governmental authority are waived which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of said roads.

Following original reasonable grading of the roads and ways hereon, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way to hamper proper road drainage. The owner of any lot or lots, prior to making any alteration in the drainage system after the recording of the short plat, must make application to and receive approval from the director of the department of public works for said alteration. Any enclosing of drainage waters in culverts or drains or rerouting thereof across any lot as may be undertaken by or for the owner of any lot shall be done by and at the expense of such owner.

IN WITNESS WHEREOF we set our hands and seals this ____ day of ____, 20__.

In the event that a waiver of right of direct access is included, then the certificate shall contain substantially the following additional language:

That said dedication to the public shall in no way be construed to permit a right of direct access to ______ street from lots numbered ____ nor shall the city of Marysville or any other local governmental agency ever be required to grant a permit to build or construct an access of approach to said street from said lots.

(b) Acknowledgment.

STATE OF WASHINGTON)

: ss.

COUNTY OF SNOHOMISH)

This is to certify that on this ____ day of ____, 20__, before me, the undersigned, a notary public, personally appeared _____, to me known to be the person(s) who executed the foregoing dedication and acknowledgment to me that _____ signed the same as _____ free and voluntary act and deed for the uses and purposes therein mentioned.

Witness my hand and official seal the day and year first above-written.

NOTARY PUBLIC in and for the State of Washington, residing at ___________

(Seal)

(c) Restrictions. The following restrictions shall show on the face of the final short plat:

(i) No further subdivision of any lot without resubmitting for formal plat or revised short plat consistent with Title 22 of the Marysville Municipal Code.

(ii) The sale or lease of less than a whole lot in any subdivision platted and filed under Title 22 of the Marysville Municipal Code is expressly prohibited except in compliance with Title 22 of the Marysville Municipal Code.

(iii) The following shall be required when the short plat contains a private road:

The cost of construction and maintaining all roads not herein dedicated as public roads shall be the obligation of all of the owners and the obligation to maintain shall be concurrently the obligation of any corporation in which title of the roads and streets may be held. In the event that the owners of any lots served by the roads or streets of this short plat shall petition the council to include these roads or streets in the public road system, the petitioners shall be obligated to bring the same to city road standards applicable at the time of petition in all respects, including dedication of rights-of-way, prior to acceptance by the city.

(iv) All landscaped areas in public rights-of-way shall be maintained by the developer and his successor(s) and may be reduced or eliminated if deemed necessary for or detrimental to city road purposes.

(v) The location and height of all fences and other obstructions within an easement as dedicated on this plat shall be subject to the approval of the Director of Public Works or his designee.

(d) Approvals.

(i) Examined and approved this ____ day of ____, 20__.

_____________________________

City Engineer, City of Marysville

(ii) Examined and approved this ____ day of ____, 20__.

____________________________________

Community Development Director, City of Marysville

(iii) Examined, found to be in conformity with applicable zoning and other land use controls, and approved this ______ day of ____, 20__.

_________________________________

Mayor Attest: City Clerk

(e) Certificates.

(i) I hereby certify that the short plat of ____ is based upon an actual survey and subdivision of Section ___, Township ___ North, Range ___ EWM as required by the state statutes; that the distances, courses and angles are shown thereon correctly; that the monuments shall be set and lot and block corners shall be staked correctly on the ground, that I fully complied with the provisions of the state and local statutes and regulations governing platting.

_____________________________

Licensed Land Surveyor

(Seal)

(ii) I hereby certify that all state and county taxes heretofore levied against the property described herein, according to the books and records of my office, have been fully paid and discharged, including ____ taxes.

_____________________________

Treasurer, Snohomish County

(iii) Filed for record at the request of ____ this ____ day of ___, 20__, at ___ minutes past __m, and recorded in Vol. __ of Plats, page __, records of Snohomish County, Washington.

_____________________________

Auditor, Snohomish County

(Ord. 3329 § 2 (Exh. B), 2024; Ord. 3075 § 5, 2017; Ord. 2852 § 10 (Exh. A), 2011).

A vicinity sketch clearly identifying the location of the property must be prepared and completed. (Ord. 2852 § 10 (Exh. A), 2011).

Copies of restrictions and covenants, if any, proposed to be imposed upon the use of the land must be prepared and completed. (Ord. 2852 § 10 (Exh. A), 2011).

All final short subdivision applications shall be accompanied by a title company certification current to within 30 days from filing of final short plat; provided, however, the applicant shall be responsible for updating the title report to ensure that it is current as of the time of final short plat review. This report must confirm that the title of the lands as described and shown on the declaration of ownership is in the names of the owners signing the declaration. (Ord. 2852 § 10 (Exh. A), 2011).

All final short subdivision applications shall have a legal description of the entire parcel to be short subdivided and each lot, easement and tract to be created and shall be on forms acceptable to the city and stamped “Registered Land Surveyor.” (Ord. 2852 § 10 (Exh. A), 2011).

All final short subdivision applications shall be accompanied by notarized signatures of all owners that have interest in the property to be short subdivided on the declaration of ownership form provided by the city. If the plat is subject to a dedication, the certificate listed in MMC 22G.090.400(11)(a) or a separate written instrument shall also contain the dedication of all streets and other areas to the public, an individual or individuals, religious society or societies or to any corporation, public or private, or other legal entity as shown on the short plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of the road. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the land subdivided and recorded as part of the final short plat. (Ord. 2852 § 10 (Exh. A), 2011).

Name and address of contiguous parcel owners on the property owner’s form must be prepared and completed. (Ord. 2852 § 10 (Exh. A), 2011).

Final short plats must be accompanied by a complete survey in accordance with MMC 22G.090.780. (Ord. 2852 § 10 (Exh. A), 2011).

(1) To ensure all conditions have been met, the community development director and city engineer will determine whether the short subdivision proposed for final approval conforms to all the terms of preliminary approval, and whether the short subdivision meets the requirements of this title, applicable state laws and all other local ordinances adopted by the city which were in effect at the time of preliminary approval.

(2) If the conditions have been met, the mayor will inscribe and execute the city’s written approval on the face of the short plat map. If the community development director and city engineer disapprove the short plat, it will be returned to the applicant with reasons for denial and conditions for compliance. (Ord. 3075 § 6, 2017; Ord. 2852 § 10 (Exh. A), 2011).

When the city finds that the short subdivision proposed for final approval meets all the conditions of final approval and the requirements of this title and state law and all other local ordinances adopted by the city which were in effect at the time of preliminary approval, then the applicant shall record the original of said final short subdivision with the county auditor. The applicant will also furnish the city with an electronic copy of the recorded short subdivision. (Ord. 3210 § 3, 2022; Ord. 2852 § 10 (Exh. A), 2011).

(1) Land within an approved short subdivision shall not be resubdivided for a period of five years from the date of final approval of the short subdivision without the submission and approval of a final subdivision pursuant to all provisions of this title concerning the subdivision of land into 10 or more lots, tracts or parcels.

(2) When the original short subdivision contains nine or fewer lots, the above restrictions shall not apply to the creation of additional lots, not exceeding a total of nine. In that case, a new application must be filed and processed. After five years, further division may be permitted when otherwise consistent with the regulations of the city.

(3) Where there have been no dedications to the public and no sales of any lots in a short subdivision, nothing contained in this section shall prohibit a subdivider from completely withdrawing his entire short subdivision and thereafter presenting a new application. (Ord. 2852 § 10 (Exh. A), 2011).

The following standards set forth in this chapter are to be used for division and redivisions of land. (Ord. 2852 § 10 (Exh. A), 2011).

No division or redivision of land shall be approved unless appropriate provisions are made for, but not limited to, the public health, safety and general welfare, relating to open space, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, school facilities and other standards as may be required by this title. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Reservation or Dedication. If the city concludes in the review of the subdivision or short subdivisions that the dedication or reservation of areas or sites for school facilities, park land, and playgrounds is reasonably necessary and is a direct result of the proposal and is consistent with the capital facilities element of the comprehensive plan, the city may require that such reservation or dedication be provided.

(2) Street Right-of-Way Realignment or Widening.

(a) If the city concludes that the street right-of-way adjacent to a proposed division of land is inadequate for widening and realignment of the existing street, then the city may require a dedication of necessary right-of-way and improvement of that right-of-way.

(b) The city may allow up to 10 percent deviation in minimum lot size in short subdivisions only if the requirement of a dedication of right-of-way on an existing publicly improved street reduces a proposal below the minimum zoning code requirements.

(3) Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed subdivision or short subdivision as authorized in Chapter 82.02 RCW and Chapter 22D.010 MMC. (Ord. 2852 § 10 (Exh. A), 2011).

Information generated through the environmental review process will be used in designing the subdivision and short subdivisions in such a way as to mitigate potential adverse environmental impacts. (Ord. 2852 § 10 (Exh. A), 2011).

(1) When divisions or redivisions of land are submitted proposing the creation of new lots with existing structures, the existing structures shall comply with all zoning code requirements including, but not limited to, such things as setback requirements, parking requirements and height standards; provided, however, if the structures are legal nonconforming buildings, nothing shall prohibit the division of such land, so long as the division does not increase or intensify the nonconforming nature of the structure.

(2) Exception. If the existing structure cannot meet setback requirements and the structure(s) is a legal nonconforming structure, the applicant may then apply for a variance under MMC 22G.090.820. (Ord. 2852 § 10 (Exh. A), 2011).

The design and development of subdivisions shall attempt to preserve the topography of the site by selection and location of buildings which fit the natural slope of the land. Proposals to alter geologic hazard areas will be reviewed in accordance with Chapter 22E.010 MMC, Critical Areas Management. (Ord. 2852 § 10 (Exh. A), 2011).

Landscaping shall be in conformance with Chapter 22C.120 MMC, Landscaping and Screening; provided, that for all new divisions of land, the applicant shall provide a landscape/reforestation plan that will include, but not be limited to, the following:

(1) Street trees spaced 40 feet on center. Street trees shall be a minimum of one and one-half inches in caliper and six to eight feet high at the time of planting. Tree species should be selected from the city’s recommended street tree listing in the administrative landscape guidelines. Placement of street trees and treatment of the planting strip shall be subject to the street tree standards set forth in the Engineering Design and Development Standards, Section 3-504, Street Trees and Landscaping, and Standard Plan 3-504-001.

(2) Significant trees, which include evergreen trees eight inches in diameter or greater and/or deciduous trees 12 inches in diameter or greater measured four and one-half feet above grade, shall be retained as follows:

(a) Perimeter landscaped areas that do not constitute a safety hazard shall be retained.

(b) At the discretion of the community development director, the applicant shall be required to hire a certified arborist to evaluate trees proposed for retention, including those located within NGPA tracts (specifically along the fringes) or other areas as identified. The arborist shall make a written recommendation to the community development department with regard to the treatment of the treed area. In the event of an immediate hazard, this requirement shall be waived.

(c) To provide the best protection for significant trees during the construction stage, the applicant shall install a temporary, five-foot-high, orange clearing limits construction fence in a line generally corresponding to the dripline of any significant tree(s) to be retained. All such fencing shall be installed and inspected by the community development department prior to commencement of site work.

(d) At the discretion and approval of the community development director, where it is not feasible and/or desirable to retain the significant trees, the applicant may propose a planting plan on an alternative site or area, or payment into the city tree fund, that provides effective replacement of the functions and/or value lost through removal of the significant trees. (Ord. 2852 § 10 (Exh. A), 2011).

Prior to preliminary plat or short plat approval, it shall be determined whether a six-foot-high, sight-obscuring fence shall be required along the affected perimeter of new formal residential subdivisions or short subdivisions. A fence shall be required when one or more of the following criteria have been met (unless waived by adjacent property owner):

(1) If it is determined during grading plan review that the existing grade will be increased by a two-foot or greater vertical grade change and the grade increase causes the newly created lots to be at a higher elevation than the abutting property. The grade change shall be measured from the affected property line to the foundation wall of the newly constructed dwelling. In the case of formal subdivisions, the fencing issue shall be determined by the hearing examiner at the public hearing for the preliminary plat. The community development director shall be responsible for determining the fencing requirements for short subdivisions. The community development director’s decision may be appealed to the hearing examiner, in accordance with Chapter 22G.010 MMC, Article VIII, Appeals.

(2) If a newly created lot contains a front yard that directly abuts the rear yard of an adjacent property, and the existing lot contains a dwelling unit that is located within 20 feet of the newly created lot.

(3) If a newly constructed plat road (public or private) directly abuts either the side or rear yard of a residentially developed property, and the existing dwelling unit is located within 20 feet of the newly constructed road.

All required fencing shall be constructed prior to final plat and/or short plat approval. Where existing trees and associated vegetation or existing fencing serve the same or similar function on either the subject property or the abutting property, they shall have priority over and may be substituted for the required fencing, provided the following conditions are met:

(a) Supplemental landscaping is provided within or adjacent to these areas, as necessary, to accomplish the specific intent of this section.

All required screening shall be reviewed to ensure that access and connectivity between residential developments are not being precluded as a result of these requirements. (Ord. 3366 § 114 (Exh. JJJJJ), 2025; Ord. 3352 § 110 (Exh. JJJJJ), 2025; Ord. 2852 § 10 (Exh. A), 2011).

Land identified in “The Flood Insurance Study for the City of Marysville” dated September 16, 2005, as amended, with accompanying flood insurance rate maps (FIRM), as amended, shall not be subdivided unless the requirements of floodplain regulations are met. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Street Standards. All streets shall be built to current city standards and meet minimum requirements as defined in the city of Marysville engineering design and development standards. The minimum requirement for each street classification shall be based on the maximum potential number of dwelling units served by the logical extension of common streets to serve other land.

(2) Whenever a division or redivision of land is on an existing public street such frontage shall be improved to current city standards.

(3) Local streets shall be laid out to discourage use by through traffic.

(4) The use of curvilinear streets and loop access roads shall be encouraged where such use will result in a more desirable layout.

(5) Proposed streets shall be extended to the boundary lines of the tract to be subdivided and short subdivided unless prevented by topography or other physical conditions, and in the opinion of the city engineer such extension is not necessary or desirable for the coordination of the layout of the subdivision or short subdivision with the existing road network or master street plan for the city, or the most advantageous future development of adjacent tracts.

(6) Right-of-way width in excess of the city standards may be required due to topography or other special circumstances.

(7) Access Easement Exception. The city may, at the request of the applicant in a short subdivision, only allow access to lots by easement when in the opinion of the city engineer:

(a) The improvement of a public street is not necessary to facilitate adequate supply of water, sewer and utilities;

(b) The improvement of a public street is not necessary to provide on-street parking;

(c) The improvement of a public street is not necessary to provide access to potential additional lots or future developable area;

(d) The improvement of a public street is not necessary to protect the public health, safety and welfare of the residence and general public.

(8) The computations for complying with the zoning code minimum lot size shall not include the access easement area.

(9) For any easement with public utilities, the city engineer shall determine easement width. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Pedestrian Access. In order to facilitate pedestrian access from the streets to schools, parks, playgrounds or other nearby streets, the city may require perpetual unobstructed easements. Easements shall be noted on the face of the final plat.

(2) When a proposed division or redivision of land is on an established bus route, the applicant may be required to provide a bus shelter. The city engineer shall make this decision as it relates to the potential needs of the development. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Drainage improvements shall be required as specified in MMC Title 14. Use of low impact development methods to mimic predevelopment hydrologic functions and manage storm water through natural processes is encouraged.

(2) Drainage Easements. When a subdivision or short subdivision is traversed by a watercourse, drainageway, channel or stream, the applicant shall provide a drainage easement or drainage right-of-way conforming substantially to the lines of the watercourse or drainageway. The easement or drainage right-of-way shall be maintained in its natural state with proper setback and landscaping as approved by the city. (Ord. 2852 § 10 (Exh. A), 2011).

All sewer improvements will be per city standards. (Ord. 2852 § 10 (Exh. A), 2011).

All water improvements will be per city standards. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Fire hydrants shall be installed per city’s fire code.

(2) Fire hydrants must be approved and operating prior to framing of buildings. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Before any site modification where existing natural features would be disturbed or removed, a grading plan must be submitted to the city and approved by the city showing the extent of the proposed modification.

(2) Debris, waste, trees, timber, junk, rubbish or other materials of any kind shall not be buried in any land or deposited in any surface water.

(3) All erosion control plans must be in compliance with city standards and MMC Title 14.

(4) In critical drainage areas no clearing of lots shall be allowed until building permits and/or a grading permit has been issued. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Lot arrangement shall be related to the natural features of the site and provide a suitable building site and driveway access from existing or proposed streets. Provision of adequate solar access should be considered during lot design.

(2) Double-frontage lots shall be avoided whenever possible.

(3) Lots shall not, in general, access off of arterials. Where driveway access from a street may be necessary for several adjoining lots, the city may require that such lots be served by combined access points and driveways designed or arranged so as to avoid requiring vehicles to back into traffic.

(4) Residential lots must have a front yard setback orientation toward the public street or easement access.

(5) Interior lot lines should be composed of straight lines.

(6) Residential lots shall maintain the minimum setback requirements as specified by the city’s zoning ordinance, unless shown otherwise on the final plat or short plat, as a building site. In no case shall the city staff or the hearing examiner grant a deviation from the setback requirement on an exterior lot line on abutting property under separate ownership without following the procedure of MMC 22G.090.820.

(7) Residential lots shall maintain a minimum lot width as required by the city’s zoning ordinance.

(8) Panhandle-shaped lots shall only be permitted in a residential subdivision or short subdivision if the following are met:

(a) The minimum width of the minor access portion shall be 20 feet;

(b) The computations for complying with the zoning code minimum lot size shall not include the minor portion of a panhandle-shaped lot;

(c) No panhandle-shaped lot shall be permitted in short subdivisions where the ownership is common with a contiguous property;

(d) Side-by-side panhandles in subdivisions are not permitted;

(e) No panhandle-shaped lot will be permitted if there is a potential for additional development, unless adequate area is left for the future development potential; and

(f) All panhandle access drives shall comply with easement access standards, including type of units allowed and improvements required. (Ord. 2870 § 8, 2011; Ord. 2852 § 10 (Exh. A), 2011).

All utility facilities shall be per city standards. (Ord. 2852 § 10 (Exh. A), 2011).

Permanent easements shall be provided for utilities and other public services identified at the time of preliminary plat approval. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Each division or redivision of land shall be required to reserve, for passive or active recreation, a designated area within the subdivision or short subdivision based on a minimum of five acres per 1,000 people as deemed reasonably necessary as a direct result of the proposed subdivision or short subdivision.

(2) Such land reserved for recreation purposes shall be a suitable location for proposed recreation uses.

(3) Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of dedication of land to mitigate a direct impact that has been identified as a consequence of a proposed subdivision or short subdivision as authorized in Chapter 82.02 RCW and Chapter 22D.010 MMC. (Ord. 2852 § 10 (Exh. A), 2011).

It is the intent of this provision to eliminate insofar as possible the installation of overhead wires and of wire-carrying poles within residential subdivisions and short subdivisions being henceforth developed under this title.

(1) All subdivisions or short subdivisions shall have all necessary power lines, telephone wires, television cables, fire alarm systems and other communication wires, cables or lines placed in underground location either by direct burial or by means of conduit or ducts and, with the exception of the city fire alarm system, providing service to each lot or potential building site in the plat.

(2) All such underground installations or systems shall be approved by the appropriate utility company and shall adhere to all governing applicable regulations including but not limited to the city and state applicable regulations and specific requirements of the appropriate utility.

(3) If the appropriate utility company will not approve an underground installation or system because it cannot reasonably be installed according to accepted engineering practices, applicant may request a waiver of the requirement of underground installations or systems to the city engineer. If the city engineer concurs that under accepted engineering practices underground installations or systems cannot reasonably be installed he shall grant the waiver. If the city engineer does not concur, he shall make recommendations relating to the undergrounding of electrical service to the applicant for transmittal to the appropriate utility company.

(4) All utility easements within a proposed subdivision and short subdivision shall be approved by the appropriate utility company before final acceptance of the plat and shall be shown in their exact location on the final drawing of said subdivision or short subdivision.

(5) Nothing in this section or any other section of this title in relation to underground wiring shall apply to power lines carrying a voltage of 15 kV or more, nor shall it be construed to prohibit the placement of pad mounted transformers, terminal pedestals or other electrical and communications devices above ground, as determined by the appropriate utility involved. (Ord. 2852 § 10 (Exh. A), 2011).

All improvements required by this title shall be extended as necessary to provide a smooth transition with existing improvements, both laterally across the street and longitudinally up and down the street, for utilities, vehicular and pedestrian traffic. (Ord. 2852 § 10 (Exh. A), 2011).

All street and utility improvement plans shall be prepared by a state of Washington licensed civil engineer to meet city standards. All plans shall be prepared on reproducible Mylar material and presented to the city for approval. (Ord. 2852 § 10 (Exh. A), 2011).

The city engineer is authorized to accept all improvements and/or right-of-way dedications required in this title on behalf of the city. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Site improvements shall be completed prior to approval of the final plat or short plat, or at the discretion of the city engineer, or his designee, security for performance in accordance with the provisions of Chapter 22G.040 MMC may be supplied. The duration for any such security for performance shall not be longer than one year.

(2) Security for performance shall not be released until all applicable departments responsible for acceptance and maintenance of improvements have approved said release. (Ord. 2852 § 10 (Exh. A), 2011).

Site improvements shall include, but are not limited to: grading of entire width of street rights-of-way, asphalt/concrete surfacing of roadways (as per city standards contained in the street code), curbs, gutters and sidewalks constructed according to the street code, and construction of drainage facilities included in the preliminary plat. The requirement for curbs and gutters may be waived by the city engineer if bioretention facilities are approved for managing storm water runoff from the street. Flow through curbs may be required by the city engineer. The developer shall request inspection of the improvements by the city engineer or his designee at the following times:

(1) Erosion control measures are installed;

(2) Rough grading is complete and prior to placing pit run;

(3) Storm water management facility completion;

(4) Roadway and frontage improvement completion;

(5) When all improvements, including monuments, have been placed.

All improvements which do not meet city standards shall be immediately replaced or repaired prior to proceeding. The city engineer, or his designee, will inform the developer in writing of any improvements which are not acceptable. (Ord. 2852 § 10 (Exh. A), 2011).

(1) After satisfactory completion of roadway improvements, including streets, curbs, gutters and sidewalks, and storm water drainage improvements, and after satisfactory completion of on-site retention facilities, if any, the developer shall provide the city with security for maintenance in accordance with the provisions of Chapter 22G.040 MMC. The warranty period for the security for maintenance shall be a minimum of two years.

(2) For the purpose of this title, final approval shall not be given until such time as all of the required improvements have been satisfactorily installed in accordance with the requirements of preliminary approval or security for performance and security for maintenance have been provided and accepted by the city. (Ord. 2852 § 10 (Exh. A), 2011).

(1) A survey for division and redivision must be conducted by or under the supervision of a licensed land surveyor registered in the state of Washington. The surveyor shall certify on the plat or short plat that it is a true and correct representation of the lands actually surveyed and the survey was done in accordance with city and state law.

(2) In all subdivisions and short subdivisions, lot corner monuments must be set before final approval can be granted.

(3) In all subdivisions and short subdivisions, perimeter monuments must be set before final approval can be granted.

(4) In all subdivisions and short subdivisions, control monuments must be set before final acceptance of public improvements. Performance guarantees must include the installation of all control monuments. Control monuments must be installed per city design and construction standards.

(5) In all subdivisions and short subdivisions where final approval is to be granted by the acceptance of a performance guarantee, lot corner and perimeter monuments must be set. The performance guarantee must include the resetting of any monument that has been lost during construction of public improvements. (Ord. 2852 § 10 (Exh. A), 2011).

Any dedication, donation or grant as shown on a short plat or plat map shall constitute a statutory warranty deed to said grantee for the use intended. (Ord. 2852 § 10 (Exh. A), 2011).

For all proposed divisions or redivisions of land which are located adjacent to a small farm that has been in existence for at least two years preceding the application for new development, a six-foot-high, sight-obscuring chain-link fence shall be required along the property line, unless the developer demonstrates by clear and convincing evidence that a different barrier would be as adequate to protect the small farm. The following alternative methods of sight-obscuring screening may be utilized, but shall not be limited to (the applicant shall demonstrate to the community development department that the screening method proposed provides the greatest amount of protection relative to the type of adjacent agricultural use):

(1) Protected sensitive areas and their related buffers may be utilized, if directly adjacent to the small farms overlay zone; or

(2) An existing vegetative buffer which provides adequate screening and separation between the small farm use and the proposed subdivision. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Tax lots created through the tax segregation process, Chapter 84.56 RCW, are not recognized as lots for the purpose of the city subdivision ordinance and zoning code unless they have been formally divided pursuant to the requirements of Chapter 58.17 RCW and applicable city ordinance. If the lots have not been formally divided pursuant to the requirements of Chapter 58.17 RCW and applicable city ordinances, then they must be subdivided or short subdivided in accordance with the requirements of this title; provided, however, lots which have been created solely through the tax segregation process shall not be required to be divided in accordance with the requirements of Chapter 58.17 RCW and this title if they meet the following requirements:

(a) The lots were created by the tax segregation process defined in Chapter 84.56 RCW prior to August 10, 1969; and the lots meet all zoning regulations in effect at the time they were created;

(b) In the event the subject property has been annexed into the city, the property must meet county zoning regulations as of the time of annexation.

(2) If a tax segregated lot was created prior to August 10, 1969, and does not meet the zoning requirements set forth in subsection (1)(a) of this section, an application for a variance as set forth in MMC 22G.090.820 may be made to the hearing examiner. When considering the variance, the hearing examiner may consider as an “exceptional circumstance or condition” for purposes of MMC 22G.090.820(5)(a), when appropriate for the subject property, whether building permit(s) were issued by the city and whether the information provided by the applicant when applying for said building permit(s) was complete and accurate. In granting a modification/variance the hearing examiner may impose, as a condition of approval, any conditions which the hearing examiner determines to be necessary for the health, safety and welfare of the general public. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Applications for variances are limited to the following sections of this title: MMC 22G.090.550, 22G.090.600(6), 22G.090.670 and 22G.090.810. Variances are not permitted from other sections of this title.

(2) For subdivisions and short subdivisions, a request for a variance of more than 10 percent shall be considered by the hearing examiner. The application shall be submitted with the subdivision or short subdivision application.

(3) For subdivisions and short subdivisions, a request for a variance of less than or equal to 10 percent shall be considered by the community development director. The application shall be submitted with the subdivision or short subdivision application.

(4) All variances to new lots created under this subdivision code relating to MMC 22G.090.550 and 22G.090.670 shall be heard by the hearing examiner or community development director per subsections (2) and (3) of this section. The hearing examiner shall hear requests for variances made pursuant to MMC 22G.090.600(6) and 22G.090.810.

(5) In order for the community development director or hearing examiner to grant a variance, he or she must find that all of the following conditions have been met:

(a) There are exceptional circumstances or conditions such as: location of existing structures, lot configuration, or topographic or unique physical features that apply to the subject property which prohibit the applicant from meeting the standards of this title;

(b) The authorization of the variance will not be detrimental to the public welfare or injurious to the property in the vicinity or zone in which the property is located; and

(c) A hardship would be incurred by the applicant if required to comply with the strict application of the section or sections identified in subsection (1) of this section.

(6) The filing of an application with the city requesting a variance shall stay the running of the time period for preliminary subdivision and short subdivision approval as is set forth in Article II of this chapter, Preliminary Subdivision Review, and Article IV of this chapter, Short Subdivision Review. (Ord. 2852 § 10 (Exh. A), 2011).

All decisions rendered by the hearing examiner on preliminary subdivisions shall be appealed pursuant to the provisions of Chapter 22G.010 MMC, Article VIII, Appeals. (Ord. 2852 § 10 (Exh. A), 2011).

(1) All appeals of decisions relating to short subdivisions shall be made to the hearing examiner. Such appeals must be made in writing and filed with the office of the hearing examiner within 14 calendar days from the date on which the preliminary decision was rendered.

(2) The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the hearing examiner shall be final with a right of appeal to superior court as provided in MMC 22G.010.560.

(3) Standing to appeal to the hearing examiner is limited to the following:

(a) The applicant or owner of the property on which the short subdivision is proposed;

(b) Any aggrieved person who will thereby suffer a direct and substantial impact from the proposed short subdivision; and

(c) RCW 58.17.180 grants standing to property owners within 300 feet of the subject property. (Ord. 2852 § 10 (Exh. A), 2011).

The filing of an appeal shall stay the running of the time periods for subdivision and short subdivision approval as are set forth in this article. (Ord. 2852 § 10 (Exh. A), 2011).

Whenever the terms of this title specifically authorize the community development director or the city engineer to perform specific acts, the community development director and city engineer are authorized to delegate those specific responsibilities to members of their respective staffs. (Ord. 2852 § 10 (Exh. A), 2011).

All applications for preliminary subdivisions and short subdivisions which are properly filed with the city on or after the fifteenth day following the validation date of the ordinance codified in this title shall proceed in full compliance with the requirements of this article as it presently is or is hereafter amended and state law. All other subdivisions and short subdivisions which received preliminary approval prior to the fifteenth day following the validation date of the ordinance codified in this title shall comply with the requirements of the prior subdivision code and state law. (Ord. 2852 § 10 (Exh. A), 2011).

No building permit or other development permit including approvals for preliminary subdivisions and short subdivisions shall be issued for any lot or parcel of land divided in violation of Chapter 58.17 RCW or this title. All purchases or transfers of property shall comply with the provisions of Chapter 58.17 RCW and this title, and each purchaser, transferee or other legal entity may recover his damages from any person, firm, corporation or agent selling or transferring land in violation of Chapter 58.17 RCW or this title, including any amount reasonably spent as a result of an inability to obtain any development permit and spent to conform to the requirements of Chapter 58.17 RCW and this title as well as the cost of investigation, suit and reasonable attorneys’ fees. A purchaser, transferee or other legal entity may, as an alternative to conforming the property to these requirements, rescind the sale or transfer and recover the cost of investigation, suit and reasonable attorneys’ fees. (Ord. 2852 § 10 (Exh. A), 2011).

The county auditor shall refuse to accept the filing of any division or redivision of land that has not been approved by the city in accordance with the provisions of this title. Should any division or redivision of land be filed without such certification, as set forth in Article III of this chapter, Final Subdivision Review, and Article IV of this chapter, Short Subdivision Review, the city attorney may apply for a writ of mandamus on behalf of the city directing the auditor to remove the unapproved subdivision from the auditor’s files. (Ord. 2852 § 10 (Exh. A), 2011).

Any violation of the provisions of this title constitutes a public nuisance per se which the city can abate by action in Snohomish County superior court. All costs of such action, including attorneys’ fees, shall be taxed against the violator. (Ord. 2852 § 10 (Exh. A), 2011).

If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary plat or preliminary short plat approval is expressly conditioned on the recording of the final plat or short plat containing the lot, tract or parcel under this title, the offer or agreement is not a violation of any provisions of this title. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat or short plat is recorded. (Ord. 2852 § 10 (Exh. A), 2011).

Penalty and enforcement provisions provided in this title are not to be exclusive, and the city may pursue any remedy or relief it deems appropriate. (Ord. 2852 § 10 (Exh. A), 2011).

The city’s community development director is authorized to promulgate rules and regulations which are consistent with the terms of this title. (Ord. 2852 § 10 (Exh. A), 2011).

If any provision of this chapter shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that this chapter would have been enacted without the provision so held unconstitutional or invalid, and the remainder of this chapter shall not be affected as a result of said part being held unconstitutional or invalid. (Ord. 2852 § 10 (Exh. A), 2011).

Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any ordinance of the city herein repealed, or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of passage of the ordinance codified in this chapter. (Ord. 2852 § 10 (Exh. A), 2011).

This chapter shall be known as the binding site plan ordinance of the city. The requirements set forth in this chapter are applicable to all divisions of land zoned business, commercial and industrial within the city. (Ord. 2852 § 10 (Exh. A), 2011).

These regulations are authorized by Chapter 58.17 RCW and all other applicable state laws and city ordinances. (Ord. 2852 § 10 (Exh. A), 2011).

It is the intent and purpose of this chapter to establish an alternative process to subdividing and short subdividing of land as provided in the city’s subdivision ordinance. The binding site plan review process is approval of a division of land with an overall site plan. The binding site plan shall promote the harmonious development of such properties in a manner that will have the most beneficial relationship between the development of the land and such things as the circulation of traffic, the effective use of utilities, adequate landscaping, parking, loading, refuse disposal, outdoor storage and pedestrian flow. (Ord. 2852 § 10 (Exh. A), 2011).

These regulations shall apply to all properties which are exempt from the city’s subdivision code pursuant to RCW 58.17.040(4) or (7) and which are being divided through the binding site plan process in:

(1) Commercial, industrial, recreation, and public institutional zones;

(2) Multifamily and townhouse development in the mixed use zone; or

(3) Single-family, multifamily, middle housing, and townhouse development in residential zones.

Divisions involving single-family, multifamily, and townhouse developments must comply with the planned residential development provisions of Chapter 22G.080 MMC. Exception: this limitation does not apply to unit lot subdivisions. (Ord. 3366 § 115 (Exh. KKKKK), 2025; Ord. 3352 § 118 (Exh. KKKKK), 2025; Ord. 3093 § 10, 2018; Ord. 2852 § 10 (Exh. A), 2011).

Any person, firm, corporation or other entity which does not divide their property per the city’s subdivision ordinance and seeks to divide commercial, industrial, recreation, public institutional or residential zoned land for the purpose of sale or transfer of ownership is required to apply for and complete a binding site plan as is required by this title. (Ord. 3136 § 3 (Exh. B), 2019; Ord. 2852 § 10 (Exh. A), 2011).

The director and the city engineer shall have the duty and responsibility of administering the provisions of this title. (Ord. 2852 § 10 (Exh. A), 2011).

All binding site plans exempt under RCW 58.17.040(7) shall have the following inscription:

All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.

(Ord. 2852 § 10 (Exh. A), 2011).

(1) Meeting. Prior to submittal of a binding site plan application for consideration by the city, the applicant may request a preapplication meeting with the city staff on the express condition that the city, its officers, and employees shall be held harmless and released from any claims from damages arising from discussions at said preapplication meeting. The city shall provide written comments to the applicant, and the applicant may discuss the general goals and objectives of the proposal, the overall design possibilities, the general character of the site, environmental constraints and standards of development. The focus of the meeting shall be general in nature and none of the discussions shall be interpreted as a commitment by the city or applicant. No statements or assurances made by city representatives shall in any way relieve the applicant of his or her duty to submit an application consistent with all relevant requirements of all pertinent city, state and federal codes, laws, regulations and land use plans.

(2) Preliminary Drawings.

(a) Binding Site Plan. The applicant shall provide an accurate preliminary drawing to scale showing lot layout, dimensions, circulation, building location, parking, landscaping and utilities.

(b) Legal Description. The applicant shall provide a legal description of the property.

(c) Vicinity Map. The applicant shall provide a vicinity sketch of the subject area.

(3) Scheduling of Meeting. All information set forth in subsection (2) of this section must be provided to the city before a preapplication meeting may be scheduled. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Fees. The applicant shall pay the required fees as set forth in the city’s fee schedule or other applicable resolutions or ordinances when submitting the binding site plan application.

(2) Application Documents. An applicant for a binding site plan shall submit an application, form, legal description of the property, a vicinity map, declaration of ownership, a listing of the names and addresses of the adjacent property owners, an environmental checklist and a proposed binding site plan.

(3) Preliminary Binding Site Plan. The proposed binding site plan shall be submitted which contains the following information:

(a) The name or title of the proposed binding site plan;

(b) The date, north arrow and appropriate engineering scale as approved by the community development department (e.g., one inch equals 20 feet, one inch equals 30 feet, one inch equals 40 feet, one inch equals 50 feet, one inch equals 60 feet);

(c) Boundary lines of tract, lot lines, lot number, block number;

(d) Location and name of existing and proposed streets and right-of-way;

(e) Drainage channels, watercourses, marshes, lakes and ponds;

(f) All significant wooded areas as characterized by evergreen trees eight inches in diameter or greater and/or deciduous trees 12 inches in diameter or greater, measured four and one-half feet above grade;

(g) Existing structures and setbacks;

(h) The location of existing driveways;

(i) All easements and uses;

(j) Existing and proposed utilities services;

(k) Fire hydrant location and distance;

(l) Five-foot contour lines;

(m) Preliminary street profile of all streets within the development to be dedicated as public roads together with a preliminary grading and storm drainage plan;

(n) A typical cross-section of the proposed street improvements;

(o) Any regulated sensitive areas such as wetlands, steep slopes or wildlife habitat.

(4) Additional Application Requirements. If the city finds the presence of any of the following site conditions, then the city may require the applicant to provide additional information such as detailed studies and site plans.

(a) Site has existing slopes exceeding 15 percent for more than 50 (running) feet;

(b) Site has permanent drainage course or wetlands;

(c) Conditions exist on the site or in the area adjacent to the site which may contribute to or cause erosion, drainage problems, surface slippage or other geological hazards;

(d) Site has other unique physical features or sensitive features;

(e) The subdivision will result in 10 or more peak-hour vehicular trips onto public streets, or sight distance/safety concern. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Action by the Community Development Department. If the binding site plan application is complete and the fee is paid, the community development department shall accept the application and conduct a city review.

(2) Action by Other City Departments. The community development department will circulate copies of the proposed binding site plan to relevant city departments and affected agencies. The department or agency shall review the preliminary subdivision and furnish the community development department with a report as to the effect the proposed binding site plan may have upon their area of responsibility and expertise. The reports submitted shall include recommendations as to the extent and types of improvements to be provided.

(3) Factors Considered by City Departments. The city shall review the proposed binding site plan to determine whether it meets the following criteria:

(a) Comprehensive Plan. Whether the proposed binding site plan and development of the parcel relate to all elements of the comprehensive plan;

(b) Zoning. Whether the proposed binding site plan meets the zoning regulations;

(c) Physical Setting. Whether the binding site plan properly takes into account the topography, drainage, vegetation, soils and any other relevant physical elements of the site;

(d) Public Services.

(i) Adequate water supply;

(ii) Adequate sewage disposal;

(iii) Appropriate storm drainage improvements;

(iv) Adequate fire hydrants;

(v) Appropriate access to all anticipated uses within the site plan;

(vi) Provisions for all appropriate deeds, dedications, and/or easements;

(vii) Examination of the existing streets and utilities and how the proposed binding site plan relates to them;

(e) Environmental Issues. Examination of the project through the SEPA process and a determination of whether the proposed binding site plan complies with the SEPA requirements;

(f) Critical Areas. Binding site plans shall comply with the land division requirements of MMC 22E.010.350.

(4) Notice Requirements. Notice of application shall be given pursuant to MMC 22G.010.090.

(5) Preliminary Decision. Following the comment period provided in MMC 22G.010.090, the director shall:

(a) Review the information in the record and render a decision pursuant to this chapter. Notice shall be provided in accordance with MMC 22G.010.100; or

(b) Forward the application to the hearing examiner for public hearing, if determined to be necessary in accordance with MMC 22G.010.360. (Ord. 3256 § 18 (Exh. R), 2023; Ord. 2852 § 10 (Exh. A), 2011).

Preliminary approval of the binding site plan by the city shall constitute authorization for the applicant to take the necessary steps to meet the conditions imposed by the city before commencing the final binding site plan review process. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Final binding site plan approval must be acquired in accordance with RCW 58.17.140, as follows:

(a) Within five years of the date of preliminary approval, if the date of preliminary approval is on or after January 1, 2015.

(b) Within seven years of the date of preliminary approval, if the date of preliminary approval is on or before December 31, 2014.

(c) Within 10 years of the date of preliminary approval, if the project is not subject to the requirements adopted under Chapter 90.58 RCW and the date of preliminary approval is on or before December 31, 2007.

(d) An extension may be granted by the community development director for up to two years if the applicant has attempted in good faith to submit the final binding site plan under subsections (1)(a) through (c) of this section and has filed a written request with the community development director requesting the extension at least 30 days before the expiration date. The binding site plan must meet Marysville Municipal Code standards at the time of the extension request or must be able to meet Marysville Municipal Code standards using the minor amendment process in MMC 22G.010.260.

(2) If final binding site plan approval is not obtained within the time frames outlined in subsection (1) of this section, the preliminary binding site plan is void. (Ord. 3032 § 3, 2016; Ord. 2894 § 5, 2012; Ord. 2852 § 10 (Exh. A), 2011).

Revisions to an approved binding site plan shall be processed pursuant to MMC 22G.010.260 or 22G.010.270. (Ord. 2981 § 42, 2015).

Prior to the submittal of any binding site plan to the city for final approval, the applicant must demonstrate compliance with all of the conditions of the preliminary approval and prepare all of the necessary final documents. (Ord. 2852 § 10 (Exh. A), 2011).

The final binding site plan shall have dimensions of 18 inches by 24 inches and must include the following:

(1) The name of the binding site plan;

(2) Legal description of existing lots;

(3) The date, north arrow and appropriate engineering scale as approved by the community development department (e.g., one inch equals 20 feet, one inch equals 30 feet, one inch equals 40 feet, one inch equals 50 feet, one inch equals 60 feet);

(4) Boundary lines, right-of-way for streets, easements, and property lines of lots and other sites with accurate bearings, dimensions or angles and arcs, and of all curve data;

(5) Names and right-of-way widths of all streets within the parcel and immediately adjacent to the parcel. Street names shall be consistent with the names of existing adjacent streets;

(6) Number of each lot consecutively;

(7) Address for each lot as provided by the city;

(8) Reference to covenants and special restrictions either to be filed separately or on the face of the binding site plan;

(9) Zoning setback lines and building sites when required by the city;

(10) Location, dimensions and purpose of any easements, noting if the easements are private or public;

(11) Location, physical description, and date visited of monuments and all lot corners set and found;

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

(13) Primary control points identified (i.e., calculated, found, established, or reestablished), basis of bearing, and horizontal and vertical datums as required by the public works department. Descriptions and ties to all control points will be shown with dimensions, angles and bearings;

(14) A dedicatory statement acknowledging public and private dedications and grants;

(15) Parking areas, general circulation and landscaping area when required;

(16) Proposed use and location of buildings when required;

(17) Loading areas when required;

(18) Other restrictions and requirements as deemed necessary by the city;

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

All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.

(Ord. 3329 § 3 (Exh. C), 2024; Ord. 3210 § 4, 2022; Ord. 2852 § 10 (Exh. A), 2011).

Acknowledgments and certificates required by this title shall be in language substantially similar to that indicated in the following subsections:

(1) Dedications. The intention of the owner shall be evidenced by his presentation for filing of a final binding site plan clearly showing the dedication thereof and bearing the following certificate signed by all real parties of interest:

Know all men by these presents that _________ the undersigned owner(s), in fee simple of the land hereby platted, and ________, the mortgage thereof, hereby declare this binding site plan and dedicate to the use of the public forever all streets, avenues, places and sewer easements or whatever public property there is shown on the binding site plan and the use for any and all public purposes not inconsistent with the use thereof for public highway purposes. Also, the right to make all necessary slopes for cuts and fills upon lots, blocks, tracts, etc. shown on this binding site plan in the reasonable original grading of all the streets, avenues, places, etc. shown hereon. Also, the right to drain all streets over and across any lot or lots where water might take a natural course after the street or streets are graded. Also, all claims for damage against any governmental authority are waived which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of said roads.

Following original reasonable grading of the roads and ways hereon, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way to hamper proper road drainage. The owner of any lot or lots, prior to making any alteration in the drainage system after the recording of the binding site plan, must make application to and receive approval from the director of the department of public works for said alteration. Any enclosing of drainage waters in culverts or drains or rerouting thereof across any lot as may be undertaken by or for the owner of any lot shall be done by and at the expense of such owner. IN WIT-

NESS WHEREOF we set our hands and seals this ___ day of ____, 20__.

In the event that a waiver of right of direct access is included, then the certificate shall contain substantially the following additional language:

That said dedication to the public shall in no way be construed to permit a right of direct access to street ______ from lots numbered ____ nor shall the city of Marysville or any other local governmental agency ever be required to grant a permit to build or construct an access of approach to said street from said lots.

(2) Acknowledgment.

STATE OF WASHINGTON)

: ss.

COUNTY OF SNOHOMISH)

This is to certify that on this ___ day of ____, 20__, before me, the undersigned, a notary public, personally appeared ______, to me known to be the person(s) who executed the foregoing dedication and acknowledgment to me that signed the same as ______ free and voluntary act and deed for the uses and purposes therein mentioned.

Witness my hand and official seal the day and year first above-written.

NOTARY PUBLIC in and for the State of Washington, residing at

_____________________

(Seal)

(3) Restrictions. The following restrictions shall show on the face of the final plat:

(a) No further subdivision of any lot without resubmitting for formal binding site plan procedure.

(b) All landscaped areas in public rights-of-way shall be maintained by the developer and his successor(s) and may be reduced or eliminated if deemed necessary for or detrimental to city road purposes.

(c) The location and height of all fences and other obstructions within an easement as dedicated on this binding site plan shall be subject to the approval of the Director of Public Works or his designee.

(4) Approvals.

(a) Examined and approved this ____ day of ____, 20__.

_________________________________

City Engineer, City of Marysville

(b) Examined and approved this ______ day of ____, 20__.

__________________________________

Community Development Director, City of Marysville

(c) Examined, found to be in conformity with applicable zoning and other land use controls, and approved this ______ day of ____, 20__.

_______________ _________________

Mayor

_______________ _________________

Attest: City Clerk

(5) Certificates.

(a) I hereby certify that the binding site plan of _____ is based upon an actual survey and subdivision of Section ____, Township ____ North, Range ___ EWM as required by the state statutes; that the distances, courses and angles are shown thereon correctly; that the monuments shall be set and lot and block corners shall be staked correctly on the ground, that I fully complied with the provisions of the state and local statutes and regulations governing platting.

____________________

Licensed Land Surveyor (Seal)

(b) I hereby certify that all state and county taxes heretofore levied against the property described herein, according to the books and records of my office, have been fully paid and discharged, including _____ taxes.

_________________________

Treasurer, Snohomish County

(c) Filed for record at the request of ____ this ____ day of ____, 20__, at ____ minutes past ___m, and recorded in Vol. ____ of Plats, page ____, records of Snohomish County, Washington.

_________________________

Auditor, Snohomish County

(Ord. 3136 § 3 (Exh. B), 2019; Ord. 2852 § 10 (Exh. A), 2011).

All binding site plans shall be accompanied by a title company certification (current within 30 days from filing of the binding site plan) confirming that the title of the lands as described and shown on the binding site plan are in the name of the owner(s) signing the binding site plan. (Ord. 2852 § 10 (Exh. A), 2011).

A survey must be performed for every binding site plan by or under the supervision of a state of Washington licensed land surveyor. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Applicants for final binding site plan approval shall file all required documents meeting all the requirements of this title with the city’s community development department. The community development department shall review the final binding site plan and circulate it to other city departments to determine whether the requirements of this title and preliminary approval have been met.

(2) To ensure all conditions have been met, the community development director and city engineer will determine whether the binding site plan proposed for final approval conforms to all terms of preliminary approval, and whether the binding site plan meets the requirements of this title, applicable state laws and all other local ordinances adopted by the city which were in effect at the time of preliminary approval.

(3) If either the community development director or the city engineer determines that the requirements have not been met, the final binding site plan shall be returned to the applicant for modification, correction or other action as may be required for approval.

(4) If the community development director and city engineer determine that the conditions and requirements of this title have been met, the community development director, city engineer, and the mayor shall inscribe and execute the city’s written approval on the face of the binding site plan. (Ord. 3136 § 3 (Exh. B), 2019; Ord. 2852 § 10 (Exh. A), 2011).

When the city finds that the binding site plan proposed for final approval meets all the conditions of final approval, then the applicant shall record the original of said binding site plan with the Snohomish County auditor. The applicant will also furnish the city with one reproducible Mylar copy of the recorded binding site plan, and the Snohomish County assessor shall be furnished one paper copy. (Ord. 2852 § 10 (Exh. A), 2011).

All development must be in conformance with the recorded binding site plan. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Standards for Binding Site Plans. The standards set forth in this chapter are to be used for binding site plans.

(2) Provisions for Approval. No binding site plans shall be approved unless appropriate provisions are made for, but not limited to, the public health, safety, and general welfare. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Street Right-of-Way Realignment, Dedication or Widening. If the city concludes that the street right-of-way adjacent to a proposed binding site plan is inadequate for widening and realignment of the existing street is necessary as a direct result of the proposed development, then the city may require a dedication of necessary right-of-way and improvement of that right-of-way.

(2) Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of dedication of land or to mitigate a direct impact that has been identified as a consequence of a binding plan as authorized by Chapter 82.02 RCW. (Ord. 2852 § 10 (Exh. A), 2011).

Information generated through the environmental review process will be used in designing the development in such a way as to mitigate potential adverse environmental impacts. (Ord. 2852 § 10 (Exh. A), 2011).

In reviewing any project, all existing structures shall comply with the standard of this title and zoning code requirements. However, if the structures are nonconforming, the applicant shall bring the project into compliance with the standards set forth in this chapter to the maximum extent possible. This title does not allow the applicant to increase or intensify the nonconforming nature of the structure. (Ord. 2852 § 10 (Exh. A), 2011).

The use of the site-specific energy schemes shall be encouraged that best offer opportunities for maximum use of southern exposures and the use of natural climate conditions. (Ord. 2852 § 10 (Exh. A), 2011).

Land identified in “The Flood Insurance Study for the City of Marysville” dated September 16, 2005, as amended, with accompanying flood insurance rate maps (FIRM), as amended, shall not be subdivided unless the requirements of floodplain regulations are met. (Ord. 2852 § 10 (Exh. A), 2011).

Landscaping shall be required on all projects per zoning code requirements and city standards. (Ord. 2852 § 10 (Exh. A), 2011).

The number of parking stalls shall be provided per Chapter 22C.130 MMC, Parking and Loading. All parking lots shall be paved and designed per city standards. (Ord. 2852 § 10 (Exh. A), 2011).

Loading areas shall be provided per Chapter 22C.130 MMC, Parking and Loading. (Ord. 2852 § 10 (Exh. A), 2011).

Outdoor storage areas that contain material not for sale, rent or lease to the public shall be fully screened from view from all streets and residential zoning boundary. (Ord. 2852 § 10 (Exh. A), 2011).

All signs shall be per MMC Title 22 and Chapter 22C.160 MMC, Signs. All signing shall be approved by the city and integrated into the building design and the overall site plan. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Lot arrangement shall be related to the natural features of the site and provide a suitable building site.

(2) Business, commercial, and industrial zoned lots in a binding site plan, generally, do not have to meet lot requirements of the zoning code, as long as the city has approved the overall binding site plan. Lots in residential zones in a BSP must comply with the zoning code regarding lot requirements. (Ord. 2852 § 10 (Exh. A), 2011).

All setbacks for structures shall be the same as the zoning code; provided, however, when the city has approved a binding site plan, interior lots may be approved on a case-by-case basis. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Fire hydrants shall be installed per city fire code.

(2) Fire hydrants must be approved and operating prior to wood framing of buildings. (Ord. 2852 § 10 (Exh. A), 2011).

Ingress, egress and general circulation shall be approved by the city engineer. (Ord. 2852 § 10 (Exh. A), 2011).

Whenever a project is proposed on an existing public street, frontage shall be improved to current city standards. (Ord. 2852 § 10 (Exh. A), 2011).

All sewer improvements shall be per city standards. (Ord. 2852 § 10 (Exh. A), 2011).

All water improvements shall be per city standards. (Ord. 2852 § 10 (Exh. A), 2011).

Drainage improvements shall be required as specified in MMC Title 14. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Before any site modification where existing natural features would be disturbed or removed, a grading plan must be submitted to the city and approved by the city showing the extent of the proposed modification.

(2) Debris, waste, trees, timber, junk, rubbish or other materials of any kind shall not be buried in any land or deposited in any surface water.

(3) All erosion control plans must be in compliance with city standards and MMC Title 14.

(4) In critical drainage areas, no clearing of lots shall be allowed until building permits and/or a grading permit has been issued. (Ord. 2852 § 10 (Exh. A), 2011).

All utility facilities shall be per city standards. (Ord. 2852 § 10 (Exh. A), 2011).

Permanent easements shall be provided for utilities and other public services identified at the time of preliminary site plan approval. (Ord. 2852 § 10 (Exh. A), 2011).

(1) It is the intent of this provision to eliminate insofar as possible the installation of overhead wires and of wire-carrying poles being henceforth developed under this article.

(2) All projects shall have all power lines, telephone wires, television cables, fire alarm systems and other communication wires, cables or lines placed in underground location either by direct burial or by means of conduit or ducts and, with the exception of the city fire alarm system, providing service to each lot or potential building site in the plat.

(3) All such underground installations or systems shall be approved by the appropriate utility company and shall adhere to all governing applicable regulations including but not limited to the city and state applicable regulations and specific requirements of the appropriate utility.

(4) If the appropriate utility company will not approve an underground installation or system because it cannot reasonably be installed according to accepted engineering practices, applicant may request a waiver of the requirement of underground installations or systems to the city engineer. If the city engineer concurs that under accepted engineering practices underground installations or systems cannot reasonably be installed he shall grant the waiver. If the city engineer does not concur, he shall make recommendations relating to the undergrounding of electrical service to the applicant for transmittal to the appropriate utility company.

(5) All utility easements within a proposed binding site plan shall be approved by the appropriate utility company before final acceptance of the binding site plan and shall be shown in their exact location on the final drawing of said plat.

(6) Nothing in this section or any other section of this title in relation to underground wiring shall apply to power lines carrying a voltage of 15 kV or more, nor shall it be construed to prohibit the placement of pad mounted transformers, terminal pedestals or other electrical and communications devices above ground, as determined by the appropriate utility involved. (Ord. 2852 § 10 (Exh. A), 2011).

All improvements required by this title shall be extended as necessary to provide a smooth transition with existing improvements, both laterally across the street and longitudinally up and down the street, for utilities, vehicular and pedestrian traffic. (Ord. 2852 § 10 (Exh. A), 2011).

All street and utility improvement plans shall be prepared by a state of Washington licensed civil engineer. (Ord. 3210 § 7, 2022; Ord. 2852 § 10 (Exh. A), 2011).

The city engineer is authorized to accept all improvements and/or right-of-way dedications required in this title on behalf of the city. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Site improvements shall be completed prior to approval of the final plat or short plat or at the discretion of the city engineer, or his designee, security for performance in accordance with the provisions of Chapter 22G.040 MMC may be supplied. The duration for any such security for performance shall not be longer than one year.

(2) Security for performance shall not be released until all applicable departments responsible for acceptance and maintenance of improvements have approved said release. (Ord. 2852 § 10 (Exh. A), 2011).

Site improvements shall include, but are not limited to: grading of entire width of street rights-of-way, asphalt/concrete surfacing of roadways (as per city standards contained in the street code), curbs, gutters and sidewalks constructed according to the street code and construction of drainage facilities included in the preliminary plat. The developer shall request inspection of the improvements by the city engineer or his designee at the following times:

(1) Erosion control measures are installed;

(2) Rough grading is complete and prior to placing pit run;

(3) Storm sewer completion;

(4) Roadway including curb and gutter completion;

(5) When all improvements, including monuments, have been placed.

All improvements which do not meet city standards shall be immediately replaced or repaired prior to proceeding. The city engineer, or his designee, will inform the developer in writing of any improvements which are not acceptable. (Ord. 2852 § 10 (Exh. A), 2011).

(1) After satisfactory completion of roadway improvements, including streets, curbs, gutters and sidewalks, and storm water drainage improvements, and after satisfactory completion of on-site retention facilities, if any, the owner and/or developer shall provide the city with security for maintenance in accordance with the provisions of Chapter 22G.040 MMC. The warranty period for the security for maintenance shall be a minimum of two years.

(2) For the purpose of this title, final approval shall not be given until such time as all of the required improvements have been satisfactorily installed in accordance with the requirements of preliminary approval or security for performance and security for maintenance have been provided and accepted by the city. (Ord. 2852 § 10 (Exh. A), 2011).

(1) A survey must be conducted by or under the supervision of a registered land surveyor licensed in the state of Washington. The surveyor shall certify on the binding site plan that it is a true and correct representation of the lands actually surveyed and the survey was done in accordance with city and state law.

(2) In all binding site plans, lot corners must be set before final approval can be granted.

(3) In all binding site plans, perimeter monuments must be set before final approval can be granted.

(4) In all binding site plans, control monuments must be set before final acceptance of public improvements. Performance guarantees must include the installation of all control monuments. Control monuments must be installed per city design and construction standards.

(5) In all binding site plans, where final approval is to be granted by the acceptance of a performance guarantee, lot corner and perimeter monuments must be set. The performance guarantee must include the resetting of any monument that has been lost during construction of public improvements. (Ord. 2852 § 10 (Exh. A), 2011).

Any dedication, donation or grant as shown on a binding site plan shall be considered a statutory warranty deed to the said grantee for the use intended. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Any applicant can request and make application to the city requesting a modification from the requirements of MMC 22G.100.230 through 22G.100.330.

(2) For a modification of 25 percent or less, it shall be considered by the community development director as an administrative decision.

(3) For a modification of more than 25 percent, it shall be considered by the hearing examiner at a public hearing.

(4) The modification shall not be granted by the community development director or hearing examiner until the following criteria have been established:

(a) There are exceptional circumstances or conditions such as: locations of existing structures, lot configuration, topographic or unique physical features that apply to the subject property which prohibit the applicant from meeting the standards of this title;

(b) The authorization of the modification or variation will not be detrimental to the public welfare or injurious to property in the vicinity or zone in which the property is located;

(c) A hardship would be incurred by the applicant if he/she complied with the strict application of the regulations. The filing of an application with the city requesting a modification for variation shall stay the running of the time period for binding site plans and development plans. (Ord. 2852 § 10 (Exh. A), 2011).

(1) An appeal of the decision relating to the binding site plan shall be made to the hearing examiner. Such an appeal must be made in writing and filed with the office of the hearing examiner within 14 calendar days from the date on which the decision was rendered.

(2) The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the hearing examiner shall be final with a right of appeal to superior court as provided in MMC 22G.010.560.

(3) Standing to appeal is limited to the following:

(a) The applicant or owner of the property on which the binding site plan is proposed;

(b) Any aggrieved person who will thereby suffer a direct and substantial impact from the proposed binding site plan; and

(c) RCW 58.17.180 grants standing to property owners within 300 feet of the subject property. (Ord. 2852 § 10 (Exh. A), 2011).

The auditor shall refuse to accept for recording any binding site plan which does not bear the verification of approval as defined by this chapter. The city attorney is authorized to commence an action to restrain and enjoin a violation of this chapter and compel compliance with the provisions of this chapter. The costs of such action shall be taxed against the violator. (Ord. 2852 § 10 (Exh. A), 2011).

Any violation of the provisions of this chapter constitutes a public nuisance per se which the city can abate by an action in Snohomish County superior court. All costs of such action, including attorneys’ fees, shall be taxed against the violator. (Ord. 2852 § 10 (Exh. A), 2011).

Penalty and enforcement provisions in this chapter are not exclusive, and the city may pursue any remedy or relief it deems appropriate. (Ord. 2852 § 10 (Exh. A), 2011).

If any provision of this chapter shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that this chapter would have been enacted without the provision so held unconstitutional or invalid, and the remainder of this chapter shall not be affected as a result of said part being held unconstitutional or invalid. (Ord. 2852 § 10 (Exh. A), 2011).

Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any ordinance of the city herein repealed, or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of passage of the ordinance codified in this chapter. (Ord. 2852 § 10 (Exh. A), 2011).

This chapter shall be known as the boundary line adjustment ordinance of the city of Marysville, and the requirements set forth in this chapter are applicable to all boundary line adjustments. (Ord. 2852 § 10 (Exh. A), 2011).

These regulations shall apply to all boundary line adjustments within the incorporated area of the city of Marysville. (Ord. 2852 § 10 (Exh. A), 2011).

(1) The purpose of this chapter is to provide a method for approval of boundary line adjustments which does not create any additional lot, tract, parcel, building site or division, while ensuring that such boundary line adjustment satisfies public concerns of health, safety and welfare. The boundary line adjustment ordinance shall not be utilized as a substitute for comprehensive subdividing or short subdividing in accordance with the requirements of the city’s subdivision ordinance and Chapter 58.17 RCW.

(2) It is further the purpose of this chapter to provide for and promote the health, safety and welfare 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 title.

(3) It is the specific intent of this chapter to place the obligation of complying with its requirements upon the property owner and applicant, and no provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, employees, or agents, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

(4) 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, employees or agents, for any injury or damage resulting from the failure to comply with this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees, or agents. (Ord. 2852 § 10 (Exh. A), 2011).

The community development director shall have the duty and responsibility of administering the provisions of this chapter with the authority to promulgate rules and regulations to implement and administer this chapter. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Application Fees. The applicant shall pay the required fees as established by the city’s fee ordinance when submitting the boundary line adjustment application. Note: county recording fees are the applicant’s responsibility and must be paid to the county auditor by the applicant at the time of recording.

(2) Application Documents. A boundary line adjustment application shall consist of the following documents: application form, legal descriptions of existing and adjusted lot, tract, parcel or building site, affidavit of ownership, vicinity map, boundary line adjustment certificate including proof of legal lot status, declaration of legal documentation, and proposed boundary line adjustment/survey map. The city shall provide appropriate forms and application instructions. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Action by the Department. If the boundary line adjustment application is complete and the required fee is paid, the department shall accept the application and conduct a city review.

(2) Action by Other City Departments. The department will circulate copies of the proposed boundary line adjustment application to the city’s building, fire, and public works departments. Each department shall provide the department with recommendations within 10 calendar days from the time a completed application is received.

(3) Factors Considered by the Department. In order for a boundary line adjustment to be approved, it must comply with all of the following criteria. Failure to comply with any of the following criteria will result in denial:

(a) Boundary lines may not be adjusted which will result in the creation of any additional lot, tract, parcel, building site or division, nor create any lot, tract, parcel, building site or division which contains insufficient area dimensions to meet the minimum requirements as specified by the city’s zoning code for lots, tracts, parcels or building sites, except as permitted in subsection (3)(d) of this section; and

(b) Boundary lines may not be adjusted between lots which have been created for tax purposes only. The applicant shall provide evidence of legal lot status; and

(c) Boundary lines may not be adjusted where the adjustment will result in an increase in the potential number of dwelling units on lots, tracts, parcels or building sites permitted; and

(d) Boundary lines of nonconforming lots may not be adjusted where the adjustment of the line(s) will result in making the lots, tracts, parcels or building sites more nonconforming; and

(e) Boundary lines may not be adjusted when the adjustment will result in the city being unable to provide adequate utilities; and

(f) Boundary lines may not be adjusted when the adjustment will result in inadequate frontage on a public street; and

(g) Boundary lines may not be adjusted where the adjustment will result in an inadequate building site for any lot containing area defined as environmentally sensitive; and

(h) Boundary lines may not be adjusted where the adjustment will result in a violation of a city or state code; and

(i) Boundary lines in commercial or industrial zones may not be adjusted unless the criteria of MMC 22G.110.070 are satisfied.

(4) Decision. Following review of the application, a written notice of approval or disapproval shall be issued to the applicant within 30 calendar days of receiving the completed application. (Ord. 2852 § 10 (Exh. A), 2011).

When boundary line adjustments are submitted proposing the adjustment of lines with existing structures in commercial or industrial zones, the existing structures shall be required to comply with all zoning code requirements including, but not limited to, such things as setback, parking, height, landscaping and access requirements as a condition of boundary line adjustment approval. The applicant shall be required to submit a site plan showing that all of these requirements can be met prior to approval. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Time Limits For Approval. The applicant must submit and complete all required documents as specified by this title within one year following the date of approval. Failure to submit and complete the required documents within the one-year period will result in lapse of the approval, requiring the submittal of a new application for consideration of the department. No time extension will be granted; the final required documents must be recorded within the above-stated time frame. (Ord. 2852 § 10 (Exh. A), 2011).

Information for recording must include the following:

(1) Original Boundary Line Adjustment/Survey Map. After the city has given the applicant approval, the applicant shall submit the original map prepared by a registered land surveyor having a trimmed size of 18 inches by 24 inches. The original map shall be accompanied with original signatures. Information required on the map shall include:

(a) The date, scale and north arrow;

(b) Boundary lines (both present and revised), right-of-way for streets, easements and property lines of lots, tracts, parcels or sites, with accurate bearings, dimensions or angles and arcs, and central angles of all curves;

(c) Names and right-of-way widths of all streets;

(d) Number of each lot, tract, parcel or building site and each block;

(e) Description of private covenants and special restrictions;

(f) Location, dimensions and purpose of any easements;

(g) Location and description of monuments and lot, tract, parcel or building site corners set and found;

(h) If required to define flood elevations or other features relative to the lot, then datum elevations and primary control points approved by the city. Descriptions and ties to all control points will be shown with dimensions, angles and bearings;

(i) Designation by phantom letters of the lot(s), tracts, parcels or building sites existing prior to the boundary line adjustment, and designation by solid letters of the proposed lots, tracts, parcels or building sites;

(j) Special setback lines when different from city’s zoning code;

(k) A dedicatory statement acknowledging any public or private dedications, donations or grants;

(l) Location of existing structures, utilities, setbacks, encroachments and area of all lots, tracts, parcels or building sites after adjustment;

(m) The file number of the boundary line adjustment must be on the boundary line adjustment/survey map.

(2) Certificates.

(a) Examined, found to be in conformity with applicable zoning and other land use controls, and approved this ____ day of ____, 20__.

____________________________

Community Development Director

(b) I hereby certify that this boundary line adjustment is based upon an actual survey and subdivision of Section ____, Township ___ North, Range ___ EWM; that the distances, courses and angles are shown thereon correctly; that the monuments shall be set and lot corners shall be staked correctly on the ground, that I fully complied with the provisions of the state and local statutes and regulations governing surveying.

____________________________

Licensed Land Surveyor

(Seal)

(c) I hereby certify that all state and county taxes heretofore levied against the property described herein, according to the books and records of my office, have been fully paid and discharged, including ____ taxes.

_____________________________

Treasurer, Snohomish County

(d) Filed for record at the request of ____ this ____ day of ___, 20__, at ___ minutes past __m, and recorded in Vol. __ of Plats, page __, records of Snohomish County, Washington.

_____________________________

Auditor, Snohomish County

(e) Vicinity Map. A vicinity map clearly identifying the location of the property shall be submitted.

(f) Legal Descriptions. All boundary line adjustment application submittals shall include legal descriptions of the existing and proposed lots, tracts, parcels or building sites. All legal descriptions must be prepared by a licensed surveyor in the state of Washington, attorney, or title company.

(g) Affidavit of Ownership. All boundary line adjustment application submittals shall be accompanied by a notarized signature of the owner, or owners, of the property subject to the boundary line adjustment. Those signing as owners must conform to those designated as owners in the boundary line adjustment certificate. The recording number of the boundary line adjustment/survey map shall be on the affidavit of ownership form.

(h) Declaration of Legal Documentation. All boundary line adjustment application submittals shall be accompanied by a notarized statement containing:

(i) The signatures of owner, or owners, of the property subject to the boundary line adjustment, declaring that they are solely responsible for securing and executing all necessary legal advice or assistance concerning the legal documents necessary to transfer title to those portions of the properties involved in the boundary line adjustment; and

(ii) A declaration that the legal documents necessary to transfer title to the property in question have been prepared and executed so that, upon the recording of the boundary line adjustment, the title to the properties will accurately reflect the new configuration resulting from the boundary line adjustment as approved by the city.

(i) Boundary Line Adjustment Certificate. All boundary line adjustment application submittals shall be accompanied by a boundary line adjustment certificate current to within 30 days of date submitted from a title company that certifies the following:

(i) The legal description of all lots, parcels, tracts or building sites to be adjusted; and

(ii) The names of the owners of any lots, tracts, parcels or building sites to be adjusted; and

(iii) Any easements, restrictions or covenants affecting the property to be adjusted, with a description of such easements, restrictions and covenants. (Ord. 3210 § 5, 2022; Ord. 2852 § 10 (Exh. A), 2011).

(1) A survey for a boundary line adjustment must be conducted by or under the supervision of a registered Washington State licensed land surveyor. The surveyor shall certify on the boundary line adjustment/survey map that it is a true and correct representation of the lands actually surveyed, in accordance with city and state law.

(2) The survey must indicate that all lot corners are staked. The survey must also show all encroachment(s), buildings and setbacks from property lines.

(3) A record of survey must be filed with the county auditor in accordance with Chapter 58.09 RCW.

(4) Based on the complexity of the proposed boundary line adjustment the community development director may waive the requirement for survey on a case-by-case basis. (Ord. 3210 § 6, 2022; Ord. 2852 § 10 (Exh. A), 2011).

(1) Recording with Auditor. When the boundary line adjustment proposed for recording has been signed by the community development director, and the applicant has complied with all of the requirements of this title and state law, then the applicant shall record the original boundary line adjustment/survey map and the original affidavit of ownership with the county auditor. The applicant will also furnish the city with one reproduced photocopy of the recorded boundary line adjustment/survey map. After this has been done and the boundary line adjustment has been properly recorded, the boundary line adjustment will become valid. The applicant is responsible for recording the boundary line adjustment and paying all associated recording fees. It shall be a violation of this title for anyone to record a boundary line adjustment which does not bear the verification of approval as defined by this title. (Ord. 2852 § 10 (Exh. A), 2011).

(1) All appeals of decisions relating to boundary line adjustments shall be made to the hearing examiner. Such appeals must be made in writing and filed with the office of the hearing examiner within 14 calendar days from the date on which the decision was rendered.

(2) The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the hearing examiner shall be final with a right of appeal to superior court as provided in MMC 22G.010.560.

(3) Standing to appeal is limited to the following:

(a) The applicant or owner of the property on which the boundary line adjustment is proposed;

(b) Any aggrieved person who will thereby suffer a direct and substantial impact from the proposed boundary line adjustment. (Ord. 2852 § 10 (Exh. A), 2011).

The filing of an appeal shall stay the running of the time periods for boundary line adjustment approval as are set forth in this title. (Ord. 2852 § 10 (Exh. A), 2011).

(1) Penalty. Any person, firm or corporation, or association, or any agent of any person, firm or corporation, or association, who violates any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not to exceed $1,000, or imprisonment in jail not to exceed 90 days, or both imprisonment and fine. Each separate day, or any portion thereof, during which any violation of any provision of this title occurs or continues, shall be deemed a separate and distinct offense.

(2) Civil Action. Any violation of the provisions of this title constitutes a public nuisance per se which the city can abate by an action in Snohomish County superior court. The city attorney is authorized to commence an action to restrain and enjoin a violation of this chapter and compel compliance with the provisions of this title. The cost of such action shall be taxed against the violator.

(3) Enforcement Provisions. Penalty and enforcement provisions provided in this title are not exclusive, and the city may pursue any remedy or relief deemed appropriate. (Ord. 2852 § 10 (Exh. A), 2011).

If any provision of this chapter shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that this chapter would have been enacted without the provision so held unconstitutional or invalid, and the remainder of this chapter shall not be affected as a result of said part being held unconstitutional or invalid. (Ord. 2852 § 10 (Exh. A), 2011).

Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any ordinance of the city herein repealed, or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of passage of the ordinance codified in this chapter. (Ord. 2852 § 10 (Exh. A), 2011).

This chapter shall be known as the site plan review ordinance of the city of Marysville, and the requirements set forth in this chapter are applicable to all new construction, redevelopment, and exterior expansion of multiple-family, commercial, industrial, utility, shoreline development, public-initiated land use proposals, parking, and landscaping site plan reviews. (Ord. 2914 § 3, 2012).

(1) The purpose of this chapter is to provide a method for approval of site plans, not reviewed through Chapter 22G.080 MMC, Planned Residential Developments, or Chapter 22G.100 MMC, Binding Site Plan.

(2) It is further the purpose of this chapter to provide for and promote the health, safety and welfare 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 title.

(3) It is the specific intent of this chapter to place the obligation of complying with its requirements upon the property owner and applicant, and no provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, employees, or agents, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

(4) 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, employees or agents, for any injury or damage resulting from the failure to comply with this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees, or agents. (Ord. 2914 § 3, 2012).

Review and approval is required for all new construction, redevelopment, and exterior expansion of multiple-family, commercial, industrial, utility, shoreline development, public-initiated land use proposals, parking, and landscaping site plan reviews; or as otherwise specified in MMC Title 22, Unified Development Code. All of the above projects require the review and approval of a site plan except for:

(1) Construction activities which do not require a building permit;

(2) Construction of a single-family residence or one middle housing building not located within shoreline jurisdiction or a regulated critical area or buffer;

(3) Construction or expansion of a residential accessory structure;

(4) Interior remodels of existing structures when not a change of occupancy (such as converting from a residential use to a commercial use); and

(5) Tenant improvements when the modification or addition does not necessitate an expansion to the parking area. (Ord. 3366 § 116 (Exh. LLLLL), 2025; Ord. 3352 § 119 (Exh. LLLLL), 2025; Ord. 2914 § 3, 2012).

The community development director shall have the duty and responsibility of administering the provisions of this chapter with the authority to promulgate rules and regulations to implement and administer this chapter. (Ord. 2914 § 3, 2012).

(1) Preapplication Meeting. Prior to submittal of a site plan application for consideration by the city, the applicant shall request a preapplication meeting with city staff on the express conditions that the city, its officers, and employees shall be held harmless and released from any claims for damages arising from discussions at said preapplication meeting. The city shall provide written comments to the applicant, and may discuss the general goals and objectives of the proposal, the overall design possibilities, the general character of the site, including environmental constraints, and development. The focus of the meeting shall be general in nature and none of the discussions shall be interpreted as a commitment by the city or applicant. No statements or assurances made by city representatives shall in any way relieve the applicant of his or her duty to submit an application consistent with all relevant requirements of all pertinent city, state and federal codes, laws, regulations and land use plans.

(2) Preliminary Drawing.

(a) The applicant shall provide an accurate drawing showing proposed site layout, building location(s) and size, access, utilities location, open space and adjacent land use. This drawing must be provided to the city before a preapplication meeting may be scheduled.

(b) The applicant shall also provide a legal description of the property and a vicinity map. (Ord. 2914 § 3, 2012).

(1) Application Fees. The applicant shall pay the required fees as established in Chapter 22G.030 MMC, Land Use and Development Fees, when submitting the land use application for site plan review.

(2) Application Documents. A site plan review application shall consist of the following documents: land use application form, legal descriptions of parcel(s), vicinity map, title report/plat certificate, site plan, environmental checklist (if required), building elevations, landscaping plans, and preliminary drainage plans and drainage report. The following additional items may need to be submitted if determined to be necessary: traffic impact analysis, geotechnical report, and critical areas analysis and preliminary mitigation plan. The city shall provide appropriate forms and application instructions.

(3) Site Plan. The proposed site plan shall contain the following information:

(a) The name or title of the proposed project;

(b) The date, north arrow and appropriate engineering scale as approved by the community development department (e.g., one inch equals 20 feet; one inch equals 30 feet; one inch equals 40 feet; one inch equals 50 feet; one inch equals 60 feet);

(c) Property lines and dimensions;

(d) Location and name of existing and proposed streets and right-of-way;

(e) Drainage channels, watercourses, marshes, lakes and ponds;

(f) Existing and proposed structures and setbacks;

(g) The location of existing driveways;

(h) All easements and uses including the references to auditor’s file numbers;

(i) Existing and proposed utilities services;

(j) Fire hydrant location and distance;

(k) Five-foot contour lines;

(l) Preliminary street profile together with a preliminary grading and preliminary storm drainage plan and report;

(m) A typical cross-section of the proposed street improvements; and

(n) Any regulated sensitive area such as wetlands, steep slopes or wildlife habitat.

(4) Additional Application Requirements. If the city finds the presence of any of the following site conditions, then the city may require the applicant to provide additional information such as detailed studies and site plans.

(a) Site has existing slopes exceeding 15 percent for more than 50 (running) feet;

(b) Site has permanent drainage course or wetlands;

(c) Conditions exist on the site or in the area adjacent to the site which may contribute to or cause erosion, drainage problems, surface slippage or other geological hazards;

(d) Site has other unique physical features or sensitive features;

(e) The development will result in 10 or more peak-hour vehicular trips onto public streets, or sight distance/safety concern.

(5) Land Use Applications Processed Simultaneously. Unless an applicant for site plan approval requests otherwise, a site plan application shall be processed simultaneously with any application for rezones, variances, street vacations and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. (Ord. 2914 § 3, 2012).

(1) If the site plan application meets all the requirements specified in MMC 22G.120.060, then the application shall be deemed complete and the community development department shall circulate copies of the site plan application to relevant city departments who shall review the application and furnish the community development department with a report as to the effect of the proposed development upon the public health, safety and general welfare, and containing their recommendations as to the approval of the application. The report submitted shall include recommendations as to the extent and types of improvements to be provided.

(2) Site plan review is subject to the public notice requirements set forth in MMC 22G.010.090. (Ord. 3256 § 19 (Exh. S), 2023; Ord. 2914 § 3, 2012).

(1) Standards for Site Plans. The standards set forth in this chapter are to be used for site plan review.

(2) Provisions for Approval. No site plan shall be approved unless appropriate provisions are made for, but not limited to, the public health, safety, and general welfare. (Ord. 2914 § 3, 2012).

Street Right-of-Way Realignment, Dedication or Widening. If the city concludes that the street right-of-way adjacent to a proposed development is inadequate for widening, and realignment of the existing street is necessary as a direct result of the proposed development, then the city may require a dedication of necessary right-of-way and improvement of that right-of-way, in accordance with Chapter 12.02A MMC, Street Department Code. (Ord. 2914 § 3, 2012).

Information generated through the environmental review process, if applicable, will be used in designing the development in such a way as to mitigate potential adverse environmental impacts. (Ord. 2914 § 3, 2012).

In reviewing any project, all existing structures shall comply with the standards of this chapter and the requirements of MMC Title 22. However, if the structures are nonconforming, the applicant shall bring the project into compliance with the standards set forth in MMC Title 22 to the maximum extent possible. This chapter does not allow the applicant to increase or intensify the nonconforming nature of the structure. (Ord. 2914 § 3, 2012).

The use of site-specific energy schemes shall be encouraged that best offer opportunities for maximum use of southern exposures and the use of natural climate conditions. Consideration should be given to design which preserves opportunities for potential future installments of solar energy systems as allowed for in Chapter 22C.270 MMC. (Ord. 2914 § 3, 2012).

Landscaping shall be required on all projects in accordance with Chapter 22C.120 MMC, Landscaping and Screening, and all other applicable landscaping design standards outlined in MMC Title 22. (Ord. 2914 § 3, 2012).

Off-street parking shall be provided in accordance with Chapter 22C.130 MMC, Parking and Loading. All parking lots shall be hard-surfaced and designed per city standards. (Ord. 2914 § 3, 2012).

Loading areas, when required, shall be provided per Chapter 22C.130 MMC, Parking and Loading. (Ord. 2914 § 3, 2012).

Outdoor storage areas that contain material not for sale, rent or lease to the public shall be fully screened from view from all streets and residential zoning boundaries in accordance with Chapter 22C.120 MMC, Landscaping and Screening, and all other applicable screening standards outlined in MMC Title 22. (Ord. 2914 § 3, 2012).

All signs shall be per MMC Title 22 and Chapter 22C.160 MMC, Signs. All signing shall be approved by the city and integrated into the building design and the overall site plan. (Ord. 2914 § 3, 2012).

All setbacks for structures shall comply with MMC Title 22C, Land Use Standards. (Ord. 2914 § 3, 2012).

(1) Fire hydrants shall be installed in accordance with MMC Title 9, Fire.

(2) Fire hydrants must be approved and operating prior to wood framing of buildings. (Ord. 2914 § 3, 2012).

Ingress, egress and general circulation shall be approved by the city engineer. (Ord. 2914 § 3, 2012).

Whenever a project is proposed on an existing public street, frontage shall be improved to current city standards in accordance with Chapter 12.02A MMC, Street Department Code. (Ord. 2914 § 3, 2012).

All sewer improvements shall be required as specified in MMC Title 14, Water and Sewers. (Ord. 2914 § 3, 2012).

All water improvements shall be required as specified in MMC Title 14, Water and Sewers. (Ord. 2914 § 3, 2012).

Drainage improvements shall be required as specified in MMC Title 14, Water and Sewers. (Ord. 2914 § 3, 2012).

(1) Before any site modification where existing natural features would be disturbed or removed, a grading plan must be submitted to the city and approved by the city showing the extent of the proposed modification.

(2) Debris, waste, trees, timber, junk, rubbish or other materials of any kind shall not be buried in any land or deposited in any surface water.

(3) All erosion control plans must be in compliance with city standards and Chapter 14.15 MMC, Controlling Storm Water Runoff from New Development, Redevelopment, and Construction Sites. (Ord. 2914 § 3, 2012).

Permanent easements shall be provided, as necessary, for utilities and other public services identified prior to certificate of occupancy being granted. (Ord. 2914 § 3, 2012).

(1) It is the intent of this provision to eliminate insofar as possible the installation of overhead wires and of wire-carrying poles being henceforth developed under this chapter.

(2) All projects shall have all power lines, telephone wires, television cables, fire alarm systems and other communication wires, cables or lines placed in underground location either by direct burial or by means of conduit or ducts and, with the exception of the city fire alarm system, providing service to each building site.

(3) All such underground installations or systems shall be approved by the appropriate utility company and shall adhere to all governing applicable regulations including but not limited to the city and state applicable regulations and specific requirements of the appropriate utility.

(4) If the appropriate utility company will not approve an underground installation or system because it cannot reasonably be installed according to accepted engineering practices, applicant may request a waiver of the requirement of underground installations or systems to the city engineer. If the city engineer concurs that under accepted engineering practices underground installations or systems cannot reasonably be installed, a waiver shall be granted. If the city engineer does not concur, recommendations shall be made relating to the undergrounding of electrical service to the applicant for transmittal to the appropriate utility company.

(5) All utility easements within a proposed development shall be approved by the appropriate utility company before a certificate of occupancy is granted and shall be shown in their exact location on the final record drawing of said development.

(6) Nothing in this section or any other section of this title in relation to underground wiring shall be construed to prohibit the placement of pad mounted transformers, terminal pedestals or other electrical and communications devices above ground, as determined by the appropriate utility involved. (Ord. 2914 § 3, 2012).

All improvements required by this title shall be extended as necessary to provide a smooth transition with existing improvements, both laterally across the street and longitudinally up and down the street, for utilities, vehicular and pedestrian traffic. (Ord. 2914 § 3, 2012).

All street and utility improvement plans shall be prepared by a state of Washington licensed civil engineer. (Ord. 3210 § 8, 2022; Ord. 2914 § 3, 2012).

The city engineer is authorized to accept all improvements and/or right-of-way dedications required in this title on behalf of the city. (Ord. 2914 § 3, 2012).

(1) Site improvements shall be completed prior to a certificate of occupancy being granted, or, at the discretion of the city engineer, or his designee, security for performance in accordance with the provisions of Chapter 22G.040 MMC may be supplied. The duration for any such security for performance shall not be longer than one year.

(2) Security for performance shall not be released until all applicable departments responsible for acceptance and maintenance of improvements have approved said release. (Ord. 2914 § 3, 2012).

Site improvements shall include, but are not limited to: grading of entire width of street rights-of-way, asphalt/concrete surfacing of roadways (as per city standards contained in the street code), curbs, gutters and sidewalks constructed according to the street code and construction of drainage facilities. The developer shall request inspection of the improvements by the city engineer or his designee at the following times:

(1) Erosion control measures are installed;

(2) Rough grading is complete and prior to placing pit run;

(3) Storm sewer completion;

(4) Roadway including curb and gutter completion;

(5) When all improvements, including monuments, have been placed.

All improvements which do not meet city standards shall be immediately replaced or repaired prior to proceeding. The city engineer, or his designee, will inform the developer in writing of any improvements which are not acceptable. (Ord. 2914 § 3, 2012).

(1) After satisfactory completion of roadway improvements, including streets, curbs, gutters and sidewalks, and storm water drainage improvements, and after satisfactory completion of on-site retention facilities, if any, the owner and/or developer shall provide the city with security for maintenance in accordance with the provisions of Chapter 22G.040 MMC. The warranty period for the security for maintenance shall be a minimum of two years.

(2) For the purpose of this title, final approval shall not be given until such time as all of the required improvements have been satisfactorily installed in accordance with the requirements of preliminary approval or security for performance and security for maintenance have been provided and accepted by the city. (Ord. 2914 § 3, 2012).

A survey conducted by or under the supervision of a registered land surveyor licensed in the state of Washington must be submitted; provided, that the community development director may waive this requirement for minor projects, additions, or other proposals where property boundaries are known. Where a survey is waived, an agreement shall be executed with the city saving and holding it harmless from any damages, direct or indirect, as a result of the approval of the site plan. (Ord. 2914 § 3, 2012).

Any dedication, donation or grant as shown on a site plan shall be completed and recorded with the auditor’s office prior to a certificate of occupancy being granted. (Ord. 2914 § 3, 2012).

(1) If the city engineer and community development director find that appropriate provisions have been made according to the requirements of this title, then the site plan may be granted preliminary approval. If the city engineer and community development director find that the site plan does not make the appropriate provisions according to the requirements of this title, the city may disapprove or return it to the applicant for modification and conditions for approval.

(2) The site plan approval decision shall be in writing and shall include findings of fact and conclusions.

(3) Approval of the site plan by the community development director and city engineer shall constitute authorization for the applicant to develop the site plan facilities and improvements as required in the site plan approval.

(4) Administrative decisions may be appealed in accordance with MMC 22G.010.550. (Ord. 2914 § 3, 2012).

(1) A decision on site plan applications subject to this chapter shall be made within 120 days of submission of a complete application as set forth in MMC 22G.010.050.

(2) The following shall be excluded when calculating this time period:

(a) Any period during which the applicant has been requested by the department to correct plans, perform required studies, or provide additional required information due to the applicant’s inaccurate or insufficient information.

(b) Any period during which an environmental impact statement is being prepared.

(c) Any period for administrative appeals.

(d) Any extension for any reasonable period mutually agreed upon in writing between the applicant and the department (RCW 36.70B.080(1)). (Ord. 2914 § 3, 2012).

(1) Approval of the application shall expire five years from the date the approval was final.

(2) The period may be extended by the director for up to one year upon showing a good faith effort to complete the project and proper justification. Proper justification consists of one or more of the following conditions:

(a) Economic hardship;

(b) Change of ownership;

(c) Unanticipated construction and/or site design problems;

(d) Other circumstances beyond the control of the applicant determined acceptable by the community development director.

Exception: Due to current economic conditions, projects which receive preliminary approval on or before December 31, 2012, may apply to the director for a one-time, 36-month time extension.

(3) The applicant must file a written request with the director requesting the extension at least 30 days before expiration.

(4) Once the time period and any extensions have expired, preliminary approval shall terminate and the application is void and deemed withdrawn. (Ord. 2914 § 3, 2012).

Revisions to an approved official site plan shall be processed pursuant to MMC 22G.010.260 or 22G.010.270. (Ord. 2981 § 43, 2015).