HomeMy WebLinkAboutO-1986 - Amends Title 20, subdivisions; repeals Ord. 701 (Repealed by 2852)CI TY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO./1Erb
AN ORDINANCE OF THE CITY OF MARYSVILLE PROVIDING FOR THE SUBDIVISION AND
SHORT SU13DIVISIONOF LAND;PROVIDING FOR A BINDING SITE PLAN PROCESS FOR
BUSINESS,COMMERCIAL OR INDUSTRIAL ZONED LAND;PROVIDING A PROCESS FOR
BOUNDAR Y LINE ADJUSTMENTS;AND REPEALING ORDINANCE NO. 70I AS AMENDED BY
ORDINANCE NO. 723 AS CODIFIED UNDER CHAPTERS 20.04,20.08,20.12,20.16,20.20,AND 20.24
OF THE MARYSVILLE MUNICIPAL CODE.
Title 20
Subdivisions
Chapters:
1.Subdivisions and Short Subdivisions
20.04 General Provisions
20.08 Definitions
20.12 Preliminary Subdivisions Review
20,16 Final Subdivision Review
20.20 Short Subdivision Review
20.24 Land Division Requirements
20.28 Tax Segregated Lots
20.32 Modifications and Variations
20.36 Appeals
20.40 Enforcement and Penalties
II.Binding Site Plan
20.44 General Provisions
20.48 Preliminary Review Process
20.52 Final Review Process
20.56 Standards
20.60 Modification
20.64 Appeals
20,68 Enforcement and Penalties
ill.Boundary Line Adjustment
20.72 General Provisions
20.76 Definitions
20.80 Review Process
20.84 Appeals
20.88 Enforcement and Penalties
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I.Subdivisions and Short Subdivisions
Chapter 20.04
GENERAL PROVISIONS
Sections:
20.04.010 Title.
20.04.020 Authority.
20.04.030 Purpose.
20.04.040 Jurisdiction.
20.04.050 Applicability - Exemptions.
20.04.010 Title. This title shall be known as the subdivision ordinance of the city.
20.04.020 Authoritv. These regulations are authorized by RCW Chapter 58.17 and other applicable
state laws and city ordinances.
20.04.030 Purpose.A.The purpose of these regulations is to regulate the division ofland 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 school 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.
B.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.
C.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.
D.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 of inaction on the part of
the city related in any manner of the enforcement of these regulations by its officers,employees or agents.
20.04.040 Jurisdiction. These regulations shall apply to all divisions of all lands within the
incorporated area of the city.
20.04.050 Applicabilitv - Exemptions. A. 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,
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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 or 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.
B.Exemptions.I. The provisions of this title as they relate to subdivisions shall not apply to:
a.Cemeteries and other burial plots while used for that purpose;
b. A division made by testamentary provisions,or the laws of descent;
c. Boundary line adjustments pursuant to the city boundary line adjustment ordinance;
d. A division which is made by subjecting a portion of a parcel or tract of land to RCW Chapter 64.32
(Horizontal Property Regimes Act) or 64.34 (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;
e. A division ofland into lots, tracts or parcels classified for business,commercial and industrial use
pursuant to the city's binding site plan ordinance;
f.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 19.30,MobilelManufactured Homes and Chapter 19.31,Recreational Vehicle
Parks,of the Marysville Municipal Code.
2. The provisions of this title as they relate to short subdivisions shall not apply to:
a.Cemeteries and other burial plots while used for that purpose;
b. A division made by testamentary provisions,or the laws of descent;
c. Boundary line adjustments pursuant to the city boundary line adjustment ordinance;
d. A division which is made by subjecting a portion ofa parcel or tract of land to RCW Chapter 64.32
(Horizontal Property Regimes Act) or 64.34 (Condominium Act)if the city has approved a binding site plan
for all such lands, and the requirements ofRCW 58.17.040(7)have been met;
e. 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;...
f.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 19.30,MobilelManufactured Homes and Chapter 19.31,Recreational Vehicle
Parks,of the Marysville Municipal Code; and
g. A division or redivision ofland for the purpose of sale, lease or transfer of ownership which is done in
accordance with the subdivision requirements of this title; and
h. A division ofland for city governmental purposes limited to the acquisition ofland for right-of-way and
detention facilities.
3. The exemptions provided herein shall not be construed as exemptions from compliance with all other
applicable standards required by the city and state..
Chapter 20.08
DEFINmONS
Sections:
20.08.010 Adjacent property owners.
20.08.020 Aggrieved person.
20.08.030 Applicant
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20.08.040 Binding site plan.
20.08.050 Block
20.08.060 Bond
20.08.070 Building setback line.
20.08.080 Building site.
20.08.090 City.
20.08.100 City standards.
20.08.IIO Comprehensive plan.
20.08.120 Contiguous property owners.
20.08.130 Cul-de-sac.
20.08.140 Dedication.
20.08.150 Dedicatory statement.
20.08.160 Division of land.
20.08.170 Engineering feasibility study.
20.08.180 Final approval.
20.08.190 Final plat.
20.08.200 Filial short plat.
20.08.210 Hearing examiner.
20.08.220 Improvement.
20.08.230 Lot.
20.08.240 Non-residential division of land.
20.08.250 Owner.
20.08.260 Panhandle lot.
20.08.270 Person.
20.08.280 Plat.
20.08.290 Preliminary approval.
20.08.300 Preliminary short plat or plat.
20.08.310 Public improvements..
20.08.320 Redivision.
20.08.330 Request for final approval.
20.08.340 Short plat.
20.08.350 Short subdivision.
20.08.360 Subdivision.
20.08.370 Subdivision and short subdivision certificates
20.08.380 Suitable guarantee.
20.08.390 Zoning ordinance.
20.08.010 Adjacent property owners. "Adjacent property owners" means the owners ofreal
property, as shown by the records of the county assessor,located within three hundred feet of any portion of
the boundary of the proposed subdivision. In the case of a mortgage company or bank, the occupant of the
site address shall also be included.If the owner of the real property which is proposed to be subdivided
owns another parcel or parcels of real property which lie adjacent to the real property proposed to be
subdivided,notice shall be given to owners of real property located within three hundred feet of any portion
of the boundaries of such adjacently located parcels of real property owned by the owner of the real
property proposed to be subdivided.
20.08.020 Aggrieved person."Aggrieved person"means one whose proprietary,pecuniary or
personal rights would be substantially affected by a particular action as determined by the Hearing
Examiner
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20.08.030 Applicant. "Applicant" means any person or legal entity proposing a division of land.
20.08.040 Binding site plan. "Bindingsite plan" means a drawing to scale done in accordance with
the requirements of the city's binding site plan ordinance, Chapter 20.44.
20.08.050 Block "Block" means a group oflots,tract or parcels within well-defined and fixed
boundaries.
20.08.060 Bond. See Suitable guarantee, Section 20.08.360.
20.08.070 Building setback line. "Buildingsetback line"means a line establishing the minimum
distance a building may be located from any property line,improvements,rights-of-way,stream,drainage
way, steep slope or other boundaries or potential hazards.
20.08.080 Building site. "Building site" means an area identified on the face of the proposed plat
and short plat establishing buildable areas.
20.08.090 City. For the purpose of the title, "city" shall be the city of Marysville.
20.08.100 City standards. "Citystandards" means the engineering design and development
standards as published by the Department of Public Works.
20.08.110 Comprehensive plan. "Comprehensive plan" means a document or series of documents
adopted by city council that sets forth broad guidelines and policies for the development of the city.
20.08.120 Contiguous parcels."Contiguous parcels"means land adjacent to other land which is
under the same ownership and not separated by public right-of-way.
20.08.130 Cul-de-sac. "Cul-de-sac" (court or dead-end street)means a short street having one end
open to traffic and being permanently or temporarily terminated by a vehicle tum-a-round.
20.08.140 Dedication. "Dedication" means the deliberate appropriation ofland by its owner for any
generaland public use, reserving no other rights than such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been devoted.
20.08.150 Dedicatory statement. "Dedicatory statement"means a statement or representation on
the final plat of those conditions and restrictions required to appear on the face of the final plat as a
condition of plat approval.
20.08.160 Division ofland."Division ofland"means any segregation not otherwise exempt as
provided for under the provisions ofthis title which alters the shape,size or legal description of any part of
any owner's land ..A tax segregation does not constitute a division of land for the purpose of meeting the
requirements ofRCW Chapter 58.17 and this title.
20.08.170 Engineering feasibility study."Engineering feasibility study" means a report prepared by
a licensedprofessional engineer qualified by training to have expert engineering knowledge of a particular
subject.The report will identify the capability of the land to withstand disturbance,such as erosion,
sedimentation,geological hazards, or other aspects of the development.
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20.08.180 Final approval. "Finalapproval" means the final official action taken by the city on a
proposed subdivision, or short subdivision where all the conditions of preliminary approval have been met.
20.08.190 Final plat. "Final plat" means the final permanent reproducible drawing and dedication
of the subdivision required for filing for record with the county auditor and containing all elements and
requirements set forth in state law and in this title.
20.08.200 Final short plat. "Final short plat" means the final permanent reproducible drawing and
dedication of the short subdivision required for filing for record with the county auditor and containing all
elements and requirements set forth in state law and this title.
20.08.210 Hearing examiner. "Hearing examiner" means the land use hearing examiner for the city.
20.08.220 Improvement. "Improvement"means any structure or work constructed including,but
not limited to, buildings, roads, storm drainage systems, sanitary sewage facilities,water mains,pedestrian
and landscaping improvements..
20.08.230 Lot. "Lot" means a fractional part of divided lands having fixed boundaries and being of
sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall
include tracts, parcels, and sites.
20.08.240 Non-residential division ofland."Non-residential division of land" means the
subdividing of business,commercial,and industrial property done in accordance with the city's subdivision
or binding site plan ordinance.
20.08.250 Owner. "Owner" means any person or legal entity having property vested as a fee owner,
seller, purchaser, mortgagor, beneficiary or any other, whose interest controls the disposition of property.
The term owner shall not include any interest which is acquired solely through the execution of an earnest
money agreement, or persons who are easement beneficiaries.
20.08.260 Panhandle lot. "Panhandle lot" means a division of land where the front and rear lots
conforms to zoning code requirements for lot dimensions and lot sizes except for the panhandle. The
panhandle is a narrow strip ofland which does not,itself;meet the full frontage or_width requirements of a
lot and will be utilized principally for access.purposes from an improved public right-of-way.
20.08.270 Person. For the purpose of this title the term "person"includes,but is not limited to, the
following: individuals,corporations,associations and partnerships.
20.08.280 Plat. "Plat" means the map or representation of a subdivision,showing thereon the
division of a tract or parcel ofland into lots, blocks, streets and alleys or other divisions and dedications.
20.08.290 Preliminary approval."Preliminary approval" means an official action on a proposed
subdivision or short subdivision that refers to placement of specific conditions which must be complied
with before final approval may be granted.
20.08.300 Preliminary plat or short plat."Preliminary plat" or "preliminary short plat" means a neat
and accurate drawing of a proposed subdivision or short subdivision,showing the general layout of streets,
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lots, blocks,existing and proposed easements,and other elements consistent with the requirements of this
title.
20.08.310 Public Improvements."Public Improvements"include but are not limited to streets,
roads, storm drainage systems,sanitary sewage facilities, water mains, pedestrian and landscaping
improvements which comply with adopted city standards and are dedicated to the city for public use.
20.08.320 Redivision."Redivision" means the division of land in an approved subdivision or short
subdivision.
20.08.330 Reguestfor final approval. "Request for final approval" means a request made by the
applicant for final approval of a division of land, when the applicant has completed all the requirements of
preliminary approval.
20.08.340 Short Plat."Short plat" means the map or.representationof a short subdivision,showing
thereon the division of land into lots, blocks, streets and alleysor other divisions and dedications.
20.08.350 Short subdivision. "Short Subdivision" means the 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.
20.08.360 Subdivision."Subdivision" means the division or redivision of land into ten or more lots,
tracts,parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
20.08.370 Subdivision and short subdivision certificate. "Subdivision and short subdivision
certificate.", means a report by a title insurance company certifying the title of lands as described and shown
on the subdivision or short subdivision plat is in the name of the owners signing the final map or declaration
of ownership.
20.08.380 Suitable guarantee. "Suitable guarantee" means an acceptable guarantee to the city to
insure performance and/or warranty of improvements.
20.08.390 Zoning ordinance."Zoning ordinance" means City of Marysville zoning code,Title 19
M.M.C.
Chapter 20.12
PRELlMINARY SUBDIVISION REVIEW
Sections:
20.12.010 Preapplication requirements.
20.12.020 Application -Submittal.
20.12.030 Review process -Reports by city departments.
20.I 2.040 Review process -Staff report - Requirements.
20.12.050 Review process -Staff report - Hearing Examiner's agenda.
20.12.060 Review process -Public hearing.
20.12.070 Public hearing -Hearing examiner duty.
20.12.080 Public hearing -Elements considered.
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20.12.090 Hearing examiner decision -Requirements.
20.12.100 Hearing examiner decision - Records.
20.12.110 Approval of preliminary subdivision - Effect.
20.12.120 Time limits.
20.12.010 Preapplication requirements.
A.Preapplication Meeting.Prior to submittal ofa 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,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.
B.Preliminary Drawing.
I.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 pre-application meeting will be scheduled.
2.The applicant shall also provide a legal description of the property,a vicinity map.
20.12.020 Application -Submittal.
A.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.
B.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 owners 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.
C.Preliminary Plat Map.The proposed preliminary plat map shallbe submitted which contains the
following information:
I.The name or title of the proposed subdivision;
2.The date, north arrow,and appropriate engineering scale as approved by the Planning Department.(e.g.
I"=20'I"=30" I"=40" I"=50' I"=60')', ,,, ,
3.Boundary lines of tract,lot lines, lot number,block number;
4.Location and name of existing and proposed streets and right-of-way;
5.Drainage channels,water courses,marshes,lakes and ponds;
6. All significant wooded areas as characterized by evergreen trees 8 inches in diameteror greater and/or
deciduous trees 12 inches in diameter or greater,measured four and one-half feet above grade;
7.Existing structures and setbacks;
8.The location of existing driveways;
9. All easements and uses;
10.Existing and proposed utilities services;
11.Fire hydrant location and distance;
12.Five-foot contour lines;
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13.Preliminary street profile together with a preliminary grading and storm drainage plan;
14. A typical cross-section of the proposed street improvements.
15. Any regulated sensitive area such as wetlands,steep slopes or wildlife habitat.
D.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.
I.Site has existing slopes exceeding fifteen percent for more than 50 (running)feet;
2.Site has a permanent drainage course or wetlands;
3.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;
4.Site has other unique physical features or sensitive features;
5.The subdivision will result in 10 or more peak hour vehicular trips onto public streets,or sight
distance/safety concern.
E.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.
20.12.030 Review process -Reports by city departments..
A.If the application meets all the requirements specified in Section 20.12.020 then the application shall be
deemed complete arid the planning department shall circulate copies of the preliminary subdivision
application to relevant city departments and affected agencies.The department or agency shall review the
preliminary subdivision and furnish the planning department with a report as to the effectthe proposed
subdivision 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.
B.Once the city receives a complete application for a subdivision which is located adjacent to state
highway right-of-way,the city shall give written notice of the application,including legal description and
location map,to the Department of Transportation.The state shall comment,within fourteen calendar days
of receiving the notice,regarding the effect the subdivision may have relevant to access to state highway.
20.12.040 Review process -Staff report -Requirements.
The planning 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.
20.12.050 Review process -Staff report -Hearing Examiner's agenda.The application for the
preliminary subdivision along with the staff report shall be placed on the hearing examiner's agenda.
20.12.060 Review process -Public hearing.Notice of the public hearing shall conform to the
following:
A.Notice shall be published not less than ten calendar days prior to the public hearing in a newspaper of
general circulation within the city.
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B.Adjacent property owners,as defined in this title,located within 300 feet of any portion of the boundary
of the property to be subdivided as identified on the property owners form,shall be notified by mail not less
than fifteen calendar days prior to the public hearing.
C.The applicant shall post the property with a sign at least ten calendar days prior to the public hearing.
This sign shall be organized,designed and placed as defined by the city's planning department.All signs
described herein are exempt from the city's zoning and sign codes.All signs required to be posted shall
remain in place until the final decision has been reached on the preliminary subdivision.Following that
decision,the applicant must remove the sign within fourteen calendar days.
20.12.070 Public hearing -Hearing examiner duty.After notice of the public hearing has been
given per Section 20.12.060,the hearing examiner will consider the proposed subdivision and its .
compliance with Section 20.12.080.
20.12.080 Public hearing -Elements considered.The following shall provide a basis for approval
or disapproval of a proposed subdivision:
A.Public Use and Interest.Evaluation of the proposed subdivision to determine whether the public use and
interest are served by permitting the proposed subdivision;
B.Public Health,Safety and General Welfare.Evaluation ofthe proposed subdivision to determine whether
the public health,safety and general welfare has been served;
C.Comprehensive Plan.Evaluation of all elements of the comprehensive plan and its consistency with the
proposed subdivision;
D.Existing Zoning.Evaluation of existing zoning and its compliance with the proposed subdivision and
Chapter 20.24 MMC;
E.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,WAC 197-11 and Chapter 20.24 MMC;
F.Drainage.Evaluation of all drainage impacts and provisions made for mitigation of all drainage impacts
as defined in the city's drainage codes and Chapter 20.24 MMC;
G.Open Space.Evaluation of all impacts and provision for open space as defined in Chapter 20.24 MMC;
H.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 Chapter 20.24 MMC;
1.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 Chapter 20.24 MMC;
J.Floodplain.Identification of subdivisions proposed in the floodplain and compliance with requirements
of this title and Ordinance No. 1339 as amended,codified in Chapter 16.32MMC.
20.12.090 Hearing examiner decision -Requirements.
A.If the hearing examiner finds that appropriate provisions have been made according to Section
20.12.080,then the Hearing Examiner may recommend that the subdivision be approved.If the hearing
examiner finds that the subdivision does not conform with the provisions of Section 20.12.080,and the
public use and interest will not be served,then the hearing examiner may recommend disapproval or return
the application to the applicant for modification and conditions for approval.
B.Each recommendation of the hearing examiner shall be in writing and shall include findings and
conclusions based on the record to support the decision.Each recommendation of the hearing examiner
shall be rendered within fifteen calendar days following conclusion of all testimony and hearings,unless a
longer period is mutually agreed to by the applicant and the hearing examiner.
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C. The decision made by the hearing examiner shall be given the effect of a recommendation to the City
Council pursuant to Section 2.70.130 MMC. Ifthe decision is appealed, the appeal shall stay the running of
the ninety-day time period defined in subsection "A"of Section 20.12.120.
20.12.100 Hearing examiner decision -Records. All records of the hearing examiner's decision
concerning a preliminary subdivision shall be open to public inspection at the Planning Department offices.
20.12.110 Approval of preliminary subdivision - Effect. 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 and City Council.
20.12.120 Time limits.A.Approval WithinNinety Days.Preliminary subdivisions shall be
approved,disapproved or returned to the applicant for modification or correction within ninety calendar
days from the date of filing a complete application unless the applicant agrees to an extension of the time
period in writing; provided, should an environmental impact statement be required per RCW 43.21 C.030,
the ninety-day period shall not include the time spent in preparing and circulating the EIS statement.
B.Additional Information Required. In the event additional information is required as set forth in
subsection "D"of Section 20.12.020, the ninety-daytime period shall not commence to run until the
additional information has been provided to the city.
C. A subdivision application shall not be deemed "filed" until all of the application requirements of this title
have been met at which time the city shall indicate by sending a letter to the applicant within twenty-one
calendar days from receipt ofthe application.
D.Limitations on Approval. Final subdivision approval must be acquired within three years ofpreliminary
approval,after which time the preliminary subdivision approval is void. The three year time frame shall
commence from the effective date of the ordinance or resolution approving the subdivision.An extension
may be granted by the city council for one year ifthe applicant has attempted in good faith to submit the
final plat within the three-year time period; provided, however, the applicant must file a written request
with the city council requesting the extension at least thirty days before expiration of the three-year period.
Chapter 20.16
FINALSUBDIVISION REVIEW
Sections:
20.16.010 Compliance with preliminary approval required.
20.16.020 Plat map - Requirements.
20.16.030 Dedications.
20.16.040 Acknowledgments and Certifications.
20.16.050 Documents required - Subdivision title report.
20.16.060 Documents required -Restrictions and covenants.
20.16.070 Documents required-Survey.
20.16.080 Review process - Action by city staff.
20.16.090 Review process - Action by city council.
20.16.100 Time limits for action.
20.16.110 Filing original and copies.
20.16.120 Valid land use - Governed by term of final approval.
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20.16.010 Compliance with preliminary approval required.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.
20.16.020 Plat map -Requirements.The final plat shall be drawn on mylar drafting film having
dimensions of eighteen inches by twenty-four 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:
A.The name of the subdivision;
B.Legal description of the entire parcel to be subdivided;
C.The date,north arrow,and appropriate engineering scale as approved by the Planning Department.(e.g.
I"=20' I"=30" I"=40" I"=50' I"=60')-
D.Boundary lines,right-of-way for streets,easements,and property lines of lots and other sites with
accurate bearings,dimensions or angles and arcs, and of all curve data;
E.Names and right-of-way widths of all streets within the subdivision and immediately adjacent to the
subdivision.Street names shall be consistent with the names of existing adjacent streets;
F.Number of each lot consecutively;
G.Reference to covenants and special plat restrictions either to be filed separately or on the face of the plat;
H.Zoning setback lines,building sites when required by city;
I.Location,dimensions and purpose of any easements,noting if the easements are private or public;
J.Location and description of monuments and all lot corners set and found;
K.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;
L.Existing structures,all setbacks,and all encroachments;
20.16.030 Dedications.A. All streets,highways and parcels ofland 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.
B.Streets,or portions of streets,may be required to be set aside by the city for future dedication where the
immediate opening and improvement is 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.
C.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 ten 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 nec-
essary 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 enclose or
open channel storm water conveyance system and/or other drainage facilities,under, upon or through the
drainage easement.
20.16.040 Acknowledgments and Certifications.Acknowledgments and certificates required by
this title shall be in language substantially similar to that indicated in the following subsections:
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A.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.fracts,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 street 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 ofthe 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 ofsuch owner.
IN WITNESS WHEREOF we set our hands and seals this day of ,
19_.
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 rightof direct access to
street from lots numbered , nor shall the city of
'MCa-ry-s-v""il"le-o-r-an-y-o";;th'e-r'lo-cal 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 WASIDNGTON)
: ss.
COUNTY OF SNOHOMISH)
This is to certify that on this day of ,19_,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.
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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 plat:
1. "No further subdivision of any lot without resubmitting for formal plat procedure."
2. "The sale or lease ofless than a whole lot in any subdivision platted and filed under Title 20 of the
Marysville Municipal Code is expressly prohibited except in compliance with Title 20 of the
Marysville Municipal Code."
3. 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."
4. "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."
5."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 _--'-_--'-_,19_.
Public Works Director, City of Marysville"
2."Examined and approved this__day of ,19_.
Planning Director, City of Marysville"
3."Examined,found to be in conformity with applicable zoning and other land use controls,and
approved this __day of ,19_.
Mayor
E.Certificates.
Attest: City Clerk"
I. "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.
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Licensed Land Surveyor (Seal)
2. "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"
3. "Filed for record at the request of this __day of ,19_,at
r;-~,--",minutes past m,and recorded in Vol._of Plats,page _ ,records of Snohomish
County,Washington.
Auditor,Snohomish County"
20.16.050 Documents required -Subdivision title report.
All final subdivision applications shall be accompanied by a title company certification current to within
thirty 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.
20.16.060 Documents required -Restrictions and covenants.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.
20.16.070 Documents required - Survey.The final plat must be accompanied by a complete survey
in accordance with Section 20.24.270.
20.16.080 Review process -Action by city staff.
A.Applicants for final subdivision approval shall file their final plats meeting all the requirements of RCW
Chapter 58.17 and this title with the city's planning department.The planning department shall review the
final plat and circulate it to other city departments to determine whether the requirements of this title have
been met.
B.The planning director and city engineer shall determine whether requirements of this title have been met.
If the requirements have been met, they shaH certify that the proposed final plat meets the requirements of
RCW Chapter 58.17 and this title,and forward a complete copy of the proposed plat to city council.
C.If either the planning director or the city engineer determine 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;Provided,that the final plat shall be forwarded to the city council together with the
determinations of the planning director and the city engineer,upon written request of the applicant.
D.Pursuant to the requirements ofRCW 58.17.150,neither the planning director nor the city engineer shall
modify the requirements made in the hearing examiner approval ofthe preliminary plat when making
recommendations on the final plat without the consent of the applicant,except as provided in RCW Chapter
58.17.
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20.16.090 Review process -Action by city council.
A.For the purposes to ensure all conditions have been met, the city council shall determine, at a public
meeting,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 preliminaryapprovaL
B.If the conditions have been met, the city council shall authorize the Mayor to inscribe and execute their
written approval on the face of the plat map.If the city council disapproves the plat, it will be returned to
the applicant with reasons for denial and conditions for compliance.
20.16.100 Time limits for action. Final subdivisions shall be approved, disapproved, or returned to
the applicant within thirty calendar days from date of filing the final subdivision for approval by the city
council,unless the applicant consents to an extension of such time period in writing. The thirty-day time
period shall not commence to run until the applicant files with the city all required final subdivision
documents completed to the satisfaction of the city.
20.16.110 Filing original plat and copies. When the city council finds 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 one reproducible mylar copy of the recorded plat and one blue line copy.
20.16.120 Valid land use -Governed by terms offinal approval. As required byRCW 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.
Chapter 20.20
SHORT SUBDIVISION REVIEW
Sections:
20.20.010 Applicability - Lot number requirement.
20.20.020 Preapplication requirements.
20.20.030 Application submittal.
20.20.040 Review process - City department action - State action.
20.20.050 Review process - State Environmental Policy Act.
20.20.060 Review process -Elements considered.
20.20.070 Review process -Decision by city.
20.20.080 Time limits for action.
20.20.090 Final submittal -Preliminary approval compliance.
20.20.100 Final submittal - Short plat.
20.20.110 Final submittal -Vicinity map.
20.20.120 Final submittal -Restrictions and covenants.
20.20.130 Final submittal-Short subdivision title report.
20.20.140 Final submittal-Legal descriptions.
20.20.150 Finalsubmittal-Declaration of ownership.
20.20.160 Final submittal -Contiguous property owners.
20.20.170 Final submittal-Survey.
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20.20.180 Final approval-Procedure
20.20.190 Recordingrestrictions.
20.20.200 Resubdivision restrictions.
20.20.010 Applicability - Lot number requirement.Every division or redivision ofland into nine or
fewer lots,tracts,parcels,site or divisions for the purpose of sale,lease or transfer of ownership shall
proceed in compliance with the provisions of this chapter.
20.20.020 Preapplication requirements.
A.Preapplication Meeting.Prior tosubmittalofa 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,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 cityor
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.
B.Preliminary Drawing.
I.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.
2.The applicant shall also provide a legal description of the property and a vicinity map.
20.20.030 Application submittal.
A. Fees.The applicant shall pay the required fees when submitting the short subdivision application.
B.Application Documents.A Short subdivision application shall consist ofthe following documents:
application form,legal description form,declaration of ownership form,vicinity maps,proposed plat map,
adjacent property owners 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.
C.Preliminary Short Plat Map.The proposed preliminary short plat map shall_be submitted which contains
the following information:.
I.The name or title of the proposed short subdivision;
2.The date,north arrow,and appropriate engineering scale as approved by the Planning Department.'(e.g.
I"=20'I"=30"I"=40"I"=50'.I"=60")-
3.Boundary lines ottract,lot lines,lot'number,block number;
4.Location and name of existing and proposed streets and right-of-way;
5.Drainage channels,water courses,marshes,lakes and ponds;
6. All significant wooded areas as characterized by evergreen trees 8 inches in diameter or greater and/or
deciduous trees 12 inches in diameter or greater,measured four and one-half feet above grade;
7.Existing structures and setbacks;
8.The location of existing driveways;
9. All easements and uses;
10.Existing and proposed utilities services;
II.Fire hydrant location and distance;
12.Five-foot contour lines;
13.Preliminary street profile together with a preliminary grading and storm drainage plan;
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14. A typical cross-section of the proposed street improvements.
IS. Any regulated sensitive area such as wetlands,steep slopes or wildlife habitat.
D.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.
I.Site has existing slopes exceeding fifteen percent for more than 50 (running)feet;
2. Site has permanent drainage course or wetlands;
3.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;
4.Site has other unique physical features or sensitive features;
5.The subdivision will result in 10 or more peak hour vehicular trips onto public streets,or sight
distance/safety concern.
E.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.
20.20.040 Review process -City department action -State action.A If the preliminary short
subdivision application meets all the requirements specified in Section 20.20.030 then the application shall
be deemed complete and,the planning department shall circulate copies of the short subdivision application
to relevant city departments who shall review the short subdivision and furnish the planning department
with a report as to the effect of the proposed short subdivision upon the public health,safety and general
welfare,and containing their recommendations as to the approval of the short subdivision.The report
submitted shall include recommendations as to the extent and types of improvements to be provided.
B.The applicant shall post the property with notice signage upon official acceptance of the application.
This sign shall be supplied,organized,designed and placed as defined by the city's planning department.
All signs described herein are exempt from the city's .zoning and sign codes.All signs required to be posted
shall remain in place until the final decision has been reached on the preliminary short subdivision.
Following that decision,the applicant must remove the sign within fourteen calendar days.
C.The city shall send notice to adjacent property owners within 300 feet of any portion of the subject
property.Notice is deemed sent once placed in the mail.
D. Any individual shall have fourteen working days from the date of mailing in which to submit written
comments to the planning.department concerning the proposed short subdivision.
E.Once the city receives a complete application for a short subdivision which is located adjacent to state
highway right-of-way,the city shall give written notice ofthe application,including legal description and
location map, to the Department of Transportation.The state shall comment,within fourteen calendar days
of receiving the notice,regarding the effect the short subdivision may have relevant to access to state
highway;
20.20.050 Review process -State Environmental Policy Act.SEPA review is required.lfspecific
uses are not known at the time of application,worst case impacts will be used.
20.20.060 Review process -Elements considered.
The following shall provide a basis for approval or disapproval of proposed short subdivision:
A.Public Use and Interest.Evaluation of the proposed short subdivision to determine whether the public
use and interest are served;
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B.Public Health,Safety and General Welfare.Evaluation of the proposed subdivision to determine whether
the public health,safety and general welfare has been served and that the subdivision is consistent with the
requirements ofRCW 58.17.110;
C.Comprehensive Plan.Evaluation of all elements of the comprehensive plan and its consistency with the
proposed short subdivision;
D.Existing Zoning.Evaluation of existing zoning and its compliance with the proposed short subdivision
and Chapter 20.24 MMC;
E.Natural Environment.Evaluation of the impacts and provision for mitigation of all impacts on all
elements ofthe natural environment including topography,vegetation,soils,geology and all environmental
issues as defined in the state Environmental Policy Act, WAC 197-11 and Chapter 20.24 MMC;
F.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 Chapter 20.24 MMC;
G.Open Space.Evaluation of all impacts and provision for open space as defined in Chapter 20.24 MMC;
H.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 Chapter 20.24 MMC;
1.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 Chapter 20.24 MMC;
1.Floodplain.Identification of short subdivisions proposed in the floodplain and compliance with
requirements of this title and Ordinance No. 1339 as amended,codified in Chapter 16.32 MMC.
K.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.
20.20.070 Review process -Decision by city.
A.If the city engineer and planning director find that appropriate provisions have been made according to
Section 20.20.060,then the short subdivision may be granted preliminary approval.If the city engineer and
planning director find that the short subdivision does not make the appropriate provision for Section
20.20.060,the city may disapprove or return it to the applicant for modification and conditions for approval.
B.The preliminary short subdivision decision shall be in writing and shall include findings of fact and
conclusions.
C.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.
20.20.080 Time limits for action.A.Approval Within Sixty Calendar Days.Preliminary short
subdivisions shall be approved,disapproved or returned to the applicant within sixty calendar days from the
date of filing a complete application,unless the applicant consents to a written extension of such time
period;provided,that if an environmentalimpact statement is required as provided in RCW 43.21.C.030,
the time period shall not include the time spent preparing and circulating the BIS.
B.Limitation on Approval.
1.Where there are no required public improvements,final short subdivision approval must be obtained
within one year of the city's preliminary approval,after which time the preliminary short subdivision
approval is void.
2.Where there are required public improvements,final short subdivision approval must be obtained within
three years of the city's preliminary approval,after which time the preliminary short subdivision approval is
void,provided that an applicant who files a written request with the Planning Director at least thirty days
before the expiration of this three year period may be granted a one-year extension upon a showing that the
applicant has attemptedingood faith to submit the final short plat within the three year period.
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C.A short subdivision application shall not be deemed "filed" until all of the application requirements of
this title have been met at which time the city shall indicate by sending a letter to the applicant within
twenty-one calendar days from receipt of the application.
D. Records. All records of the proceedings concerning the preliminary short subdivision shall be kept in the
planning department.
20.20.090 Final submittal-Preliminary approval compliance.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 ofthe city all of the
final documents.
20.20.100 Final submittal - Short plat. The final short plat drawings shall be on mylar drafting film
having the dimensions of eighteen by twenty-four inches.Information required shall include:
A.The date,north arrow,and appropriate engineering scale as approved by the Planning.Department,(e.g.
I"=20' 1"=.30" 1"=40" I"=50' I"=60')',..., ,,,
B.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;
C.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;
D.Number of each lot consecutively;
E.Reference to private covenants or special plat restrictions either to be filed separately or on the face of
the plat;
F.Zoning setback lines,building sites when required by the city;
G.Existing structures,all setbacks,and all encroachments;
H.Location,dimensions and purpose of any easements;
I.Location and description of monuments and lot corners set and found;
J.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;
K.The final short plat will also contain the following:
1.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 thereoffor 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 street 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
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20
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 alteratiori. 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 _
19_.
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 WASillNGTON)
: ss.
COUNTY OF SNOHOMISH)
This is 10 certify that on this day of __,19_,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.
(Seal)
NOTARY PUBLIC in and for the
State of Washington,residing
at _
3.Restrictions.The following restrictions shall show on the face of the final short plat:
a. "No further subdivision of any lot without resubmitting for formal plat or revised short plat
consistent with Title 20 of the Marysville Municipal Code."
b. "The sale or lease of lessthana whole lot in any subdivision platted and filed under Title 20 of
the Marysville Municipal Code is expressly prohibited except in compliance with Title 20 of the Marysville
Municipal Code."
c."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 cityroad standards applicable
at the time of petition in all respects,including dedication ofrights-of-way,prior to acceptance by the city."
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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.
L "Examined and approved this __day of .,19__.
Public Works Director,City of Marysville"
2."Examined and approved this__day of .,19_.
Planning Director, City of Marysville"
5. Certificates.
1. "Ihereby 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 distance~,courses and angles are shown thereon correctly; that the monuments shall beset 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)
2. "Ihereby 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"
3. "Filed for record at the request of this __._day of;19-,at
=-_......,,,,minutes past __m, and recorded in Vol.__of Plats, page __, records of Snohomish
County, Washington.
Auditor, Snohomish County"
20.20.110 Final submittal-Vicinity map. A vicinity sketch clearly identifying the location of the
property must be prepared and completed.
20.20.120 Final submittal -Restrictions and covenants.Copies of restrictions and covenants,if any,
proposed to be imposed upon the use of the land must be prepared and completed.
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20.20.130 Final submittal - Short subdivision title report. All final short subdivision applications
shall be accompanied by a title company certification current to within thirty 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 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 name of the owners signing the declaration.
20.20.140 Final submittal - Legal descriptions. All final short subdivision applications shall have a
legal description of the entire parcel to be short subdivided, each lot,easement,and tract to be created and
shall be on forms acceptable to the city and stamped "Registered Land Surveyor."
20.20.ISO Final submittal -Declaration of ownership. 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 Section 20.20.I OO(K)(I)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 lIS shown on the short plat and a waiver
of all claims for damages against any goverrunental 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;
20.20. 160 Final submittal - Contiguous parcel owners. Name and address of contiguous parcel .
owners on the property owner's form must be prepared and completed.
20.20. 170 Final submittal - Survey. Final short plats must be accompanied by a complete survey in
accordance with Section 20.24.270.
20.20.180 Final approval - Procedure.A.The planning director and public works director shall
determine that the short subdivision proposed for final approval conforms to all the terms of preliminary
approval,and that 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.
B.If the conditions have been met, the planning director and public works director shall inscribe and
execute their written approval on the face ofthe plat map.
20.20.190 Recording requirement. 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
must provide the city with a mylar copy of the recorded short plat before the short subdivision becomes
valid.
20.20.200 Resubdivision restrictions.
A.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 ofa final subdivision
pursuant to all provisions of this title concerning the subdivision ofland into ten or more lots,tracts or
parcels.
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B. When the original short subdivision contains nine or fewer lots, the above restrictions shall not apply to
the creation of additional lots, not exceedinga 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.
C. 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 newapplication.
Chapter 20.24
LAND DIVISION REQUIREMENTS
Sections:
20.24.010 Standards generally.
20.24.020 Provisions for approval.
20.24.030 Public use reservations.
20.24.040 Design with environment required
20.24.050 Divisions ofland withexisting structures.
20.24.060 Building design with natural slope.
20.24.070 Landscaping requirements.
20.24.080 Floodplain regulations.
20.24.090 Street improvements.
20.24.100 Pedestrian improvements.
20.24.110 Drainage improvements.
20.24.120 Sewer improvements.
20.24.130 Water improvements.
20.24.140 Fire hydrant improvement.
20.24.150 Clearing and grading..
20.24.160 Lot requirements.
20.24.170 Utilities improvements.
20.24.180 Easements.
20.24.190 Public uses, park, playgroundand recreation areas.
20.24.200 Underground wiring.
20.24.210 Improvements - Smoothtransition required.
20.24.220 Improvements - Utility improvement plans.
20.24.230 Improvements - Acceptance.
20.24.240 Performance guarantee requirements.
20.24.250 Site improvements designated.
20.24.260 Warranty requirements for acceptance of final improvements.
20.24.270 Survey requirement.
20.24.280 Dedication - Statutory warranty deed.
20.24.290 Model Homes.
20.24.010 Standards generally. The following standards set forth in this chapter are to be used for
division and redivisions of the land.
20.24.020 Provisions for approval. 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,
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relating to open space,drainage ways,streets,alleys,other public ways,water supplies,sanitary wastes,
parks, school facilities and other standards as may be required by this title.
20.24.030 Public use reservations.
A.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 are
reasonably necessary and are a direct result of the proposal and are consistent with the capital facilities
element of the comprehensive plan, the city may require that such reservation or dedication be provided.
B.Street Right-of-way Realignment or Widening.
I.If the city concludes that the street right-of-way adjacent to a proposed division of/and 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.
2. The city may allow up to ten 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.
C.Nothingherein 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 RCW Chapter 82.02 and MMC Chapter 18.24.
20.24.040 Design with environment required.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.
20,24.050 Divisions of/and with existing structures.A. When divisions or redivisions of/and 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,ifthe structures are legal nonconforming
buildings,nothing shall prohibit the division of such land, so long as the division does notincrease or
intensify the nonconforming nature of the structure.
S.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 Section 20.32.0I O.
20.24.060 Building design with natural slope. 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
18.28,Sensitive Areas Management.
20.24.070 Landscaping requirements.Landscaping shall be in conformance with Chapter 19.32,
Landscaping and Fences;provided that for lands which have been cleared of significant wooded areas as
characterized by evergreen trees 8 inches in diameter or greater and/or deciduous trees 12 inches in
diameter or greater,measured four and one-half feet above grade,within three years preceding the date of
application,a landscaping plan will be required. This plan shall provide for revegetation with similar
species of trees to that which was cleared,at a density approved by the Planning Director. The use of street
trees will be recommended at one tree per forty feet of frontage along the public street when a subdivision
or short subdivision removes significant amounts of trees and natural vegetation.The trees shall be placed
on private property unless otherwise approved by the city.
20.24.080 Floodplain regulations. Land identified in the Marysville Flood Insurance Study dated
February 15, 1984 as may from time to time be amended,with accompanying flood insurance maps as may
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from time to time be amended,shall not be subdivided unless the requirements of floodplain regulations are
met.
20.24.090 Street improvements.
A.Whenever a division or redivision of land is on an existing public street such frontage shall be improved
to current city standards.
B.Local streets shall be laid out to discourage use by through traffic.
C.The use of curvilinear streets,cul-de-sacs,and short loops shall be encouraged where such use will result
in a more desirable layout.
D.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,master street plan for the city, or the most advantageous
future development of adjacent tracts.
E.Access to Arterials.When a division or redivision of land borders on or containsanexisting or proposed
arterial,the city may require that access to such streets may be limited,such as common lot access points
and lots fronting on interior streets.
F.Dead End Streets.All permanent and temporary dead end streets or access easements shall not exceed
600 feet in length. Any dead end street or easement access exceeding 150 feet in length shall provide a
turnaround in accordance with city standards and the Uniform Fire Code.Dead end streets shall be
measured from the edge of the intersecting right-of-way to the geometric center monument of the cul-de-
sac.
G.Street Standards.All streets shall be built to current city standards and meet minimum requirements for
right-of-way width,pavement width,sidewalks and off-street parking as defined in Title 12 MMC.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. The public works
director will have the authority to deviate from construction and street classification standards.
H.Right-of-way width in excess of the standards of this title may be required when due to topography.
1.Easement Access 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:
I.The improvement of a public street is not necessary to facilitate adequate supply of water,sewer and
utilities;
2.The improvement of a public street is not necessary to provide on-street parking;
3.The improvement of a public street is not necessary to provide access to potential additional lots or future
developable area;
4.The improvement of a public street is not necessary to protect the public health,safety and welfare of the
residence and general public.
I.Easement Access Drive Standards.All easement access drives shall be built to the standards set out in
Schedule 20.24.090A for easement widths,paving width,and off-street parking and utilities,a tum around
will also be provided when required by the city engineer.
K.The computations for complying with the zoning code minimum lot size shall not include the easement
access area.
L.For any easement with public utilities,the city engineer shall determine easement width.
M.Street Design Criteria.I.The minimum grade of any street,except for vertical curves, shall be .25
percent for purposes of facilitating storm drainage.
2.The maximum grade of any street shall be determined as follows:
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Access Collector Minor
Topography Streets Streets Arterial
Flat 8%7% 6%
Rolling 12%10% 7%
Mountainous 15%12% 9%
The director of the department of public works may authorize deviations from this criteria of up to one
percent. Any other deviations shall require the issuance of a variance.
3. The slope from the centerline of the pavement to the shoulder ofthe pavement shall be one-fourth inch
per foot,subject to minor modifications with the approval of the director of the department of public works.
4.Streets shall be required to intersect with one another at an angle as near to a right angle as is practicable
in each specific case.
5. A party constructing any new street shall improve the extension of the same to the intersecting pavement
of the nearest public street.
6. All street names and street numbers shall be approved by the planning director and shall be in
conformity with the established grid system of the city.
7. All streets shall generally follow contour lines to the extent feasible.
8.Street jogs shall have a minimum separation of one hundred fifty feet.
9.Except as otherwise specified in this section,street design standards shall conform to the adopted
policies and standards of the AmericanAssociation of Safe Highway Transportation Officials (AASHTO).
Schedule 20.24.090A
EASEMENT ACCESS DRIVE STANDARDS
Easement Access
Drive Standards
for:
Single Family
Detached or one
Duplex
Single Family
Detached or
Duplexes
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Potential No.of
Dwelling Units
Served
I lot or I duplex*
2-4 lots or*
5-8 units*
Minimum Easement
Width
20' **
30'**
30'*",
Surface and
Pavement
12' with 6"crushed
rock or gravel
16'paving with 1 112"
Class Band 6"crushed
rock, plus 4'crushed
rock or gravel shoulders,
both sides
22'paving with 1 112"
Class B and 6"crushed
rock, plus 4 'crushed
rock or gravel shoulder,
one side
Single Family
Detached or
Duplexes
5-9 lots or
10-18 units *
40'**22' paving with I 1/2"
Class Band 6"crushed
rock, plus a 4'paved
walkway (attached or
detached from roadway)
and an 80'diameter
cul-de-sac tum-a-round
*Calculation of number of dwelling units in a short subdivision.
For determining the number of units served by an easement access drive, the city shall count.the maximum number of
potential lots or the maximum number of potential units for the total short subdivision.
**Minimum requirement.
The city engineer shall determine the actual easement and pavement width necessary based on maximum potential
numbers of dwelling units served,available off-street parking, need for utilities,pedestrian improve-
ments,drainage improvements and fire access.
20.24.100 Pedestrian improvements.
A.Pedestrian Access. In order to facilitate pedestrian access from the streets to schools, parks,
play grounds or other nearby streets, the city may require perpetual unobstructed easements.
Easements shall be noted on the face of the final plat.
B.When a proposed division or redivision ofland 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.
20.24.110 Drainage improvements.
A.Drainage improvements shall be required as specified in Title 14MMC.
B.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.
20.24.120 Sewer improvements. All sewer improvements will be per city standards.
20.24.130 Water improvements. All water improvements will be per city standards.
20.24.140 Fire hydrant improvement.
A. Fire hydrants shall be installed per city's fire code.
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B. Fire hydrants must be approved and operating prior to framing of buildings.
20.24.150 Clearing and grading.
A.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.
B.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.
C. All erosion control plans must be in compliance with city standards and Title 14MMC.
D. In critical drainage areas no clearing of lots shall be allowed until building permits and/or a
grading permit has been issued.
20.24.160 Lot requirements.
A.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.
B.Double-frontage lots shall be avoided whenever possible.
C.Lots shall not, in general,access off of arterials. Where driveways 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.
D.Residential lots shall have a minimum of eighty feet of lot depth.
E.Residential lots must have a front yard setback orientation toward the public street or
easement access.
F.Interior lot lines should be composed of straight lines.
G.Residential lots shall maintain the minimuni 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 Section 20.32.010.
H.Residential lots shall maintain a minimum lot width as required by the city's zoning
ordinance.
I.Panhandle-shaped lots shall only be permitted in a residential subdivision and short
subdivision if the following are met:
1.The minimum width of the minor access portion shall be twenty feet;
2.The computations for complying with the zoning code minimum lot size shall not include the
minor portion of a panhandle-shaped lot;
3. No panhandle-shaped lot shall be permitted in short subdivisions where the ownership is
common with a contiguous property;
4.Side-by-side panhandles in subdivisions are not permitted;
5. 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
6. All panhandle access drives shall comply with easement access standards,including type of
units allowed and improvements required.
20.24.170 Utilities improvements.All utility facilities shall be per city standards.
20.24.180 Easements.Permanent easements shall be provided for utilities and other
public services identified at the time of preliminary plat approval.
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20.24. 190 Public uses, park,playground and recreation areas.A.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 one thousand
people as deemed reasonably necessary as a direct result of the proposed subdivision or short
subdivision.
B.Such land reserved for recreation purposes shall be a suitable location for proposed recreation
uses.
C.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 RCW Chapter 82.02 and Chapter
18.24 MMC.
20.24.200 Underground wiring.It is the intent of this provision to eliminate insofar as
possible the installation ofoverhead wires and of wire carrying poles within residential
subdivisions and short subdivisions being henceforth developed under this title.
A.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.
B. 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.
C.If the appropriate utility company determines that an underground system as proposed above
carmot reasonably be installed according to accepted engineering practices this requirement may
be waived upon receipt of a written notice from said utility to the city engineer.
D. 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.
E.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 fifteen 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.
20.24.210 Improvements -Smooth transition required.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.
20.24.220 Improvements -Utility improvement plans. 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.
20.24.230 Improvements -Acceptance.The city engineer is authorized to accept all
improvements and/or right-of-way dedication required in this title on behalf of the city.
20.24.240 Performance guarantee requirements.
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A 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,a performance bond may be furnished
guarantying such completion within one year from the date of acceptance of the plat. The
performance bond shall be drawn in favor of the city in the amount specified by the city
engineer,or his designee,or in lieu of a bond an equal sum placed in escrow. When all site
improvements have been completed and all monuments and property comers have been properly
placed,according to the required city standards,and have been approved by the city engineer, or
his designee,the road bond or balance of money held in escrow shall be released to the
subdivider.
B.Guarantee funds will not be released by the city unless approval has been received from all
applicable departments that are responsible for acceptance and/or maintenance of such
improvements.
20.24.250 Site improvements designated: 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 bythe city engineer or his
designee at the following times:
(I)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.
20.24.260 Warranty requirements for acceptance of final improvements.
A 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 to the city a two-year
warranty at ten (10)percent of all costs incurred for the roads, right-of-way improvements and
storm drainage system and shall warrant against defects in the design,materials and
workmanship relating to such improvements and facilities, and costs of maintaining and
repairing said improvements and facilities for said two-year period. The amount of the warranty
shall be determined by the city engineer,or his designee, and may be increased to as much as
twenty (20)percent of all costs incurred for roads, right-of-way improvements and storm
drainage system based on site characteristics/conditions.In lieu of a surety bond, the city may
accept a cash bond,assignment of a bank account, or irrevocable letter of credit.
B.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 and the approved road and storm plans, or have been bonded for as
mentioned above.
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20.24.270 Survey requirement.
A.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 true and correct representation of the lands actually surveyed and the
survey was done in accordance with city and state law.
S.In all subdivisions and short subdivisions,lot comer monuments must be set before final
approval can be granted.
C. In all subdivisions and short subdivisions,perimeter monuments must be set before final
approval can be granted.
D. 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.
E. In all subdivisions and short subdivisions where final approval is to be granted by the
acceptance of a performance guarantee,lot comer and perimeter monuments must beset.The
performance guarantee must include the resetting of any monument that has been lost during
construction of public improvements.
20.24.280 Dedication -StatutOry warranty deed. 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.
20.24.290 Model homes.A.Model homes may be permitted as part of an application
for preliminary subdivision approval or prior to final plat approval in the sole discretion of the
city council.Provided,however,the total number of model homes allowed shall not exceed the
total number of legal lots existing prior to the subdivision application.In no event shall the total
number of model homes in a preliminary subdivision be greater than four.
B.If the city council finds that the construction of model homes prior to final plat approval will
not interfere with the proposed subdivision and meets all other applicable city requirements,it
may, in its discretion,approve construction of model homes subject to the following conditions:
I. No model home shall be constructed without the issuance of a building permit;
2. No more than one model home shall be constructed per existing legal lot;
3. A hard surfaced-roadway to and abutting all model homes shall be constructed to standards
determined by the city engineer;
4.Operational fire hydrant(s)must be approved and constructed in accordance with the Uniform
Fire Code;
5.Submittal ofa site plan,certified by a registered civil engineer/surveyor,delineating the
location of each structure relative to existing and proposed utilities,lot lines,easements,
roadways,topography and sensitive areas;
6.Submittal of building plans for each of the proposed structures;
7.Approval of water,sewer and storm sewer extension plans to serve the proposed structures;
8.Execution of an agreement with the city saving and holding it harmless from any damages,
direct or indirect,as a result of the approval of the construction of model homes on the site.
C.Prior to occupancy of any model home,the final plat of the subject subdivision shall be
approved and recorded.
Chapter 20.28
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TAX SEGREGATED LOTS
Sections:
20.28.010 Subdivision requirements.
20.28.010 Subdivision requirements.
A.Tax lots created through the tax segregation process,RCW Chapter 84.56, 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 ofRCW Chapter 58:17 and applicable city
ordinance.If the lots have not been formally divided pursuant to the requirements ofRCW
Chapter 58.I7 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 cre-
ated solely through the tax segregation process shalI not beTequired to be divided in accordance
with the requirements ofRCW Chapter 58J7 and this title if they meet the folIowing
requirements:.
I. The lots were created by the tax segregation process defined in RCW Chapter 84.56 prior to
August 10, 1969; and the lots meet alI zoning regulations in effect at the time they were created;
2. 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.
S.Ifa tax segregated lot was created prior to August 10, 1969,and does not meet the zoning
requirements set forth in subsection A.I, an application for a variance as set forth in Section
20.32.010 may be made to the hearing examiner. When considering the variance,the hearing
examiner may consider as an "exceptional circumstance orcondition"for purposes of Section
20.32.01O(D)(I),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.
Chapter 20.32
MODIFICA nONS AND VARIANCES
Sections:
20.32.010 Modifications and variances.
20.32.010 Modifications and variances.
A.Applications for variances are limited to the folIowing sections of this title:Sections
20.24.050,20.24.090(F),20.24.090(M)(2),20.24.160 and 20.28.010.Variances are not
permitted from other sections of this title.
B.For subdivisions and short subdivisions,a request for a variance of more than ten percent
shalI be considered by the hearing examiner.The application shall be submitted with the
subdivision or short subdivision application.
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C. For subdivisions and short subdivisions,a request for a variance of less than or equal to ten
percent shall be considered by the Planning Director.The application shall be submitted with
the subdivision or short subdivision application.
D. All variances to new lots created under this subdivision code relating to Sections 20.24.050
and 20.24.160 shall be heard by the hearing examiner or planning director per subsections "8"
and "C''of this section.The hearing examiner shall hear requests for variances made pursuant to
Sections 20.24.090(F),20.24.090(M)(2)and 20.28.010.
E. In order for the planning director or hearing examiner to grant a variance,he or she must find
that all of the following conditions have been met
1.There are exceptional circumstances or conditions such as:location 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;
2.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
3. A hardship would be incurred by the applicant if required to comply with the strict application
of the section or sections identified in subsection "A"of this section.
F.The filing of an application with the city requesting a variance shall stay the running of the
time period for preliminary subdivision and short subdivisions approval as is set forth in
Chapters 20.12 and 20.20.
.Chapter 20.36
APPEALS
Sections:
2036.010 Preliminary subdivision -Appeals to city council.
20.36.020 Short subdivisions -Appeals to hearing examiner.
20.36.030 Time period stay -Effect of appeal.
20.36.040 Appeal to court.
2036.010 Preliminary subdivision -Appeals to city council.All decisions rendered by
the hearing examiner on preliminary subdivisions shall be appealed to city council in accordance
with the requirements of city's hearing examiner ordinance,as amended and codified in Chapter
2.70MMC.
20.36.020 Short subdivisions -Appeals to hearing examiner.A.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 fourteen
calendar days from the date on which the preliminary decision was rendered.
B.The written appeal shall include a detailed explanation stating the reason for the appeal.The
decision of the hearing examiner shall constitute a recommendation to the city council,pursuant
to Section 2.70.130 MMC.
C.Standing to appeal is limited to the following:(l)the applicant or owner of the property on
which the short subdivisions proposed;(2) any aggrieved person who will thereby suffer a direct
and substantial impact from the proposed short subdivision;and (3)RCW 58.17.180 grants
standing to property owners within 300 feet of the subject property.
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·20.36.030 Time period stay - Effect of appeal. 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.
20.36.040 Appeal to court. Any appeals from a decision approving or disapproving a
subdivision or short subdivision shall be in accordance with RCW 58.17.180 and shall be filed
with the court only after all administrative appeals as set forth herein have been exhausted.
Chapter 20.40
ENFORCEMENT AND PENALTIES
Sections:
20.40.010 Delegation of responsibilities.
20.40.020 Compliance - Prior provisions-Transition.
20.40.030 Effect of noncompliance.
20.40.040 Filing unapproved subdivisions or short subdivisions.
20.40.050 Violation - Injunctive action.
20.40.060 Violation - Exception.
20.40.070 Provisions nonexclusive.
20.40.080 Rules and Regulations.
20.40.090 Severability.
20.40.100 Savings.
20.40.010 Delegation of responsibilities.Whenever the terms of this title specifically
authorize the planning director or the city engineer to perform specific acts, the planning director
and city engineer are authorized to delegate those specific responsibilities to members oftheir
respective staffs.
20.40.020 Compliance - Prior provisions - Transition. 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.
20.40.030 Effect of noncompliance. 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 ofRCW Chapter 58.17 or this title. All purchases or
transfers of property shall comply with the provisions ofRCW Chapter 58.17 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 ofRCW Chapter 58.17 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 ofRCW Chapter 58.17 and this title as well as
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the cost of investigation, suit and reasonable attorney's 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 attorney's fees.
20.40.040 Filing unapproved subdivisions or short subdivisions. 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 provision of this title.Should any division or redivision of
land be filed without such certification,as set forth in Chapters 20.16 and 20.20, 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.
20.40.050 Violation -Injunctive action. Any violation ofthe 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 attorney fees, shall be taxed against the
violator.
20.40.060 Violation - Exception.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 deposit 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.
20.40.070 Provisions nonexclusive.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.
20.40.080 Rules and regulations. The city's planning director is authorized to
promulgate rules and regulations which are consistent with theterms of this title.
20.40.090 Severability.Ifany provision of this Ordinance shall be declared
unconstitutional or invalid by any court of competent jurisdiction,it shall be conclusively
presumed that this Ordinance would have been enacted without the provision so held
unconstitutional or invalid, and the remainder ofthis Ordinance shall not be affected as a result
of said part being held unconstitutional or invalid.
20.40.100 Savings.Nothing contained in this ordinance 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 ordi-
nance or provision thereof in force at the time of passage of this ordinance.
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II.Binding Site Plan
Chapter 20.44
GENERAL PROVISIONS
Sections:
20.44.010 Title
20.44.020 Authority.
20.44.030 Purpose.
20.44.040 Jurisdiction.
20.44.050 Applicability.
20.44.060 Administration.
20.44.070 Definitions.
20.44.010 Title. This title shall be known as the binding site plan ordinance of the city.
The requirements set forth in this title are applicable to all divisions ofland zoned business,
commercial and industrial within the city.
20.44.020 Authority.These regulations are authorized by RCW Chapter 58.17and all
other applicable state laws and city ordinances.
20.44.030 Purpose. It is the intent and purpose of this title 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.
20.44.040 Jurisdiction.These regulations shall apply to all property exempt from the
city's subdivision code that is being divided through the.binding site plan process in business,
commercial and industrial zones within the incorporated area of the city.
20.44.050 Applicability.Any person, firm,corporation or other entity which does not
divide their property per the city's subdivision.ordinance and seeks to divide business,
commercial or industrial zoned land for the purpose of sale, lease, or transfer of ownership is
required to apply for and complete a binding site.planas isrequired by this title.
20.44.060 Administration.The planning director and the city engineer shall have the
duty and responsibility of administering the provisions ofthis title.
20.44.070 Definitions.
A "Applicant" means any person or legal entity proposinga development plan or a binding site
plan.
B."Binding site plan" means a drawing to scale which:
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I.Identifies and shows the areas and locations of all streets, roads,improvements,utilities, open
spaces;
2. Any other matters required to be identified by the city, and containing inscriptions or
attachments setting forth such appropriate limitations and conditions for the use of the land as
established by the city;
3.Contains provisions making any development be in conformity with the site plan; and
4.Contains provisions in which an applicant can offer for sale, lease,transfer of ownership of
lots,parcels or tracts.
C. "City," for purposes of this title, is the city of Marysville.
D. "City standards"means the engineering design and development standards as published by the
Department of Public Works.
E."Zoning code" means City of Marysville zoning ordinance,Title 19 of the MMC.
Chapter 20.48
PRELIMINAR Y REVIEW PROCESS
Sections:
20.48.010 Preapplication requirements.
20.48.020 Application submittal
20.48.030 Action by city departments.
20.48.040 Preliminary approval - Effect.
20.48.050 Time limitation for action
20.48.010 Preapplication requirements.
A.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,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 allpertinent
City,State and Federal codes,laws,regulations and land use plans..
B.Preliminary Drawings.
1.Binding Site Plan. The applicant shall provide an accurate preliminary drawing to scale
showing lot layout,dimensions,circulation,building location,parking,landscaping and utilities.
2. Legal Description.The applicant shall provide a legal description of the property.
3.Vicinity Map. The applicant shall provide a vicinity sketch of the subject area.
C.Scheduling of Meeting. All information set forth in subsection "B"of this section must be
provided to the city before a preapplication meeting may be scheduled.
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20.48.020 Application submittal.
A.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.
B.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.e.Preliminary Binding Site Plan. The proposed binding site plan shall be submitted which
contains the following information:
I. The name or title of the proposed binding site plan;
2. The date, north arrow, and appropriate engineering scale as approved by the Planning
Department.(e.g. I"=20', 1"=30", I"=40", 1"=50', 1"=60');
3.Boundary lines of tract, lot lines, lot number,block number;
4.Location and name of existing and proposed streets and right-of-way;
5.Drainage channels,water courses, marshes, lakes and ponds;
6. All significant wooded areas as characterized by evergreen trees 8 inches in diameter or
greater and/or deciduous trees 12 inches in diameter or greater,measured four and one-half
feet above grade;
7.Existing structures and setbacks;
8.The location of existing driveways;
9. All easements and uses;
10.Existing and proposed utilities services;
II. Fire hydrant location and distance;
12. Five-foot contour lines;
13.Preliminary street profile of all streets within the development to be dedicated as public
roads together with a preliminary grading and storm drainage plan;
14.A typical cross-section of the proposed street improvements;
15. Any regulated sensitive areas such as wetlands,steep slopes or wildlife habitat.
D.Additional Application Requirements.If the city finds the presence of any of the following
site conditions,then the city may require the applicantto provide additional information such as
detailed studies, and site plans.
1. Site has existing slopes exceeding fifteen percent for more than 50 (running)feet;
2. Site has permanent drainage course or wetlands;
3.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;
4. Site has other unique physical features or sensitive features;
5. The subdivision will result in 10 or more peak hour vehicular trips onto public streets, or sight
distance/safety concern.
20.48.030 Action by city departments.
A.Action by the Planning Department.If the binding site plan application is complete and the
fee is paid, the planning department shall accept the application and conduct a city review.
B.Action by Other City Departments.The planning 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 planning department with a report as to the effect the
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proposed binding site plan may have upon their area of responsibility and expertise. The reports submitted
shall include recommendations as to the extent and typesof improvements to be provided.
C.Factors Considered by City Departments. The city shall review the proposed binding site plan
to determine whether it meets the following criteria:
I.Comprehensive Plan. Whether the proposed binding site plan and development of the parcel
relates to all elements of the comprehensive plan;
2. Zoning.Whether the proposed binding site plan meets the zoning regulations;
3.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;
4.Public Services.
a.Adequate water supply,
b.Adequate sewage disposal;
c.Appropriate storm drainage improvements;
d.Adequate fire hydrants;
e.Appropriate access to all anticipated uses within the site plan;
f.Provisions for all appropriate deeds, dedications, and/or easements;
g.Examination of the existing streets and utilities and how the proposed binding site plan relates
to them.
S.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.
D.Notice Requirements.
1.Notice to Adjacent Property Owners. The city shall send adjacent property owners, as defined
by this title,notice that the binding site application has been filed with the city.Notice is deemed
sent once placed in the mail.
2.Adjacent property owners shall have fourteen calendar days from the date of mailing in which
to submit written comments to the planning department concerning the proposed binding site
plan and/or request a public hearing.
3.The applicant shall post the property with a large sign when the application is deemed
complete.This sign shall be supplied by the city, and organized,placed and built to the
specifications of this title and applications instructions as defined by the city's planning
department.The cost for said sign shall be born by the applicant.AllIarge signs described
herein are exempt from the city's zoning and sign codes. All signs required to be posted shall
remain in place until the final decision has been reached on the preliminary subdivision.
Following that decision,the applicant must remove the sign within fourteen days. The signs
shall be as follows:
a. Sign size shall be four feet by eight feet;
b. All letters and numbers shall be Helvetica style; black letters and numbers with white
background;
c.Required information on sign:
I.Notice of Public Hearing (three-inch CAPS letters);
2.Applicant and Application Number (l.5-inch letters and numbers;
3.Address of property (1.5-inch letters and numbers);
4.Proposal (l.5-inch letters and numbers)
5.Location and time of public hearing (l.5-inch letters and numbers);
6. To submit comments or to obtain additional information,"Contact City of Marysville
Planning Department,80 Columbia Avenue, Marysville, Washington,98270-5158,206-659-
8470 (1.5-inch letters and numbers)";
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7.Sketch drawing of preliminary subdivision showing lots,
adjacent street and alleys, north arrow and scale (three feet by three feet);
d. All large signs shall be located so that they can be read clearly from adjacent streets. The
signs shall be at midpoint of the street frontage ten feet from the front property line unless
otherwise directed by the city. Top of signs must be between seven and nine feet above grade;
e.Organization,construction,and mounting of large signs shall be as defined in the city's
application instructions..
4.If in the opinion of the planning department, the large sign as described herein would not be
highly visible,the applicant shall post three placards within the local neighborhood or place the
large sign in a location approved by the city.
5. SEPA Notice requirements shall be combined with subsection "3"of this section.
E.Preliminary Decision.
I)If at the end of the I4-day comment period no request for a public hearing has been received,
the city planning director and city engineer shall determine whether the requirements set forth
herein have been met and based thereon, shall approve,conditionally approve,disapprove or
return to the applicant for further modification. This administrative decision shall be in writing
and shall include findings and conclusions.
2)Ifa request for a public hearing is received within the 14-day comment period, the binding
site plan shall be subject to the public review process outlined in Chapter 20.12 of this Title.
20.48.040 Preliminary approval ~Effect.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.
20.48.050 Tirne limitation for action.
A.Approval Within Ninety Days.Preliminary binding site plans shall be approved,disapproved
or returned to the applicant for modification or correction within ninety calendar days fromthe
date of filing a complete application unless the applicant agrees to an extension ofthe time
period in writing;provided,should an environmental impact statement be required per RCW
43.2IC.030,the ninety-day period shall not include the time spent in preparing and circulating
the EIS statement.
B.Additional Information Required.In the event additional information is required as set forth
in subsection "D"of Section 20.48.020,the ninety-day time period shall not commence to run
until the additional information has been provided to the city.
C. A binding site plan application shall not be deemed "filed" until all of the application .
requirements ofthis title have been met at which time the city shall indicate by sending a letter
to the applicant within twenty-one calendar days from receipt of the application.
D.The applicant must complete all conditions of preliminary approval within three years
following the date of preliminary approval,after which time the preliminary approval is void.
An extension may be granted by the planning department for one year if the applicant has
attempted in good faith to complete the requirements of preliminary approval within the original
time period;provided,however,the applicant must file a written request with the planning
department requesting the extension at least thirty days prior to the expiration of the original
time period.If the binding site plan was approved through the public review process this
extension request must be made to the city council.
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Chapter 20.52
FINAL REVIEW PROCESS
Sections:
20.52.010 Preliminary approval compliance.
20.52.020 Binding site plan -Requirements.
20.52.030 Binding site plan -Certifications required.
20.52.040 Binding site plan -Title report.
20.52.050 Binding site plan -Survey required.
20.52.060 Approval procedure.
20.52.070 Recording requirements.
20.52.080 Development requirements.
20.52.010 Preliminary approval compliance.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.
20.52.020 Binding site plan -Requirements.The final binding site plan shall be drawn
on mylar drafting film having dimensions of eighteen inches by twenty-four inches and must
include the following:
A. The name of the binding site plan;
8.Legal description of the entire parcel;
C.The date,north arrow,and appropriate engineering scale as approved by the Planning
Department.(e.g.1"=20',1"=30",1"=40",1"=50',1"=60');
D.Boundary lines,right-of-way for streets,easements,and property lines oflots and other sites
with accurate bearings,dimensions or angles and arcs,and of all curve data;
E.Names and right-of-way widths of all streets within the parcel and immediately adjacent to
the parcel.Street names shall be consistent with the names of existing adjacent streets;
F.Number of each lot consecutively;
G.Reference to covenants and special restrictions either to be filed separately or on the face of
the binding site plan;
H.Zoning setback lines,building sites when required by the city;
1.Location,dimensions and purpose of any easements,noting if the easements are private or
public;
1.Location and description of monuments and all lot corners set and found;
K.Existing structures,all setbacks,and all encroachments;
L.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;.
M. A dedicatory statement acknowledging public and private dedications and grants;
N.Parking areas,general circulation,landscaping area when required;
O.Proposed use and location of buildings when required;
P.Loading areas when required;
Q.Other restriction and requirements as deemed necessary by the city.
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20.52.030 Binding site plan -Certifications required.
A.certificate giving a full and correct description ofthe lands divided as they appear on the
binding site plan,including a statement that the division has been made with the free consent
and in accordance with the desires of the owners.If the binding site plan is subject to a
dedication,the certificate or a separate written instrument shall also contain the dedication of all
streets and other areas to the public,and an individual or individuals,religious society or
societies or to any corporation,public or private or other legal entity as shown on the binding site
plan 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 of instrument of dedication shall be signed and acknowledged before a
notary public by all parties having any ownership interest in the land divided and recorded as
part of the final binding site plan.
E. A certification by a licensed surveyor,licensed in the state of Washington,that the binding
site plan survey is accurate and conforms to the provisions of these regulations and state law.
C.Certification by planning director that the binding site plan conforms to all conditions of
preliminary approval;
D.Certification by city engineer that the binding site plan conforms to survey data, layout of
streets,alleys and right-of-ways,design of bridges, sewage and water systems, and all other
public improvements;
E.A certificate of approval prepared for the signature of the mayor (applicable to binding site
plans reviewed through the public review process);
F.Certification by the county treasurer that the taxes on the described property are current;
G.Recording certificate for the county auditor.
20.52.040 Binding site plan -Title report. All binding site plans shall be accompanied
by a title company certification (current within thirty 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.
20.52.050 Binding site plan - Survey required. A survey must be performed for every
binding site plan by or under the supervision of a state of Washington licensed land surveyor.
20.52.060 Approval procedure.
A.Applicants for final binding site plan approval shall file all required documents meeting all
the requirements of this title with the city planning department.The planning 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.
B.If the planning director and city engineer determine that the requirements are met, they shall
approve the binding site plan.
C.If either the planning director or the city engineer determine that the requirements have not
been met,the final binding site plan shall be returned to the applicant for modification,correc-
tion,or other action as may be required for approval.
D.If the conditions have been met,the planning director and city engineer shall inscribe and
execute their written approval on the face ofthe binding site plan.
E.If the binding site plan was reviewed through the public review process,the binding site plan
shall be subject to the final review process outlined in Chapter 20.16 of this Title.
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20.52.070 Recording requirements. 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.
20.52.080 Development requirements. All development must be in conformance with
the recorded binding site plan.
Chapter 20.56
STANDARDS
Sections:
20.56.010 Approval.
20.56.020 Public use reservations.
20.56.030 Design with environment.
20.56.040 Development with existing structures.
20.56.050 Site-specific energy conservation.
20.56.060 Floodplain regulations.
20.56.070 Landscaping.
20.56.080 Parking.
20.56.090 Loading areas.
20.56.100 Outdoor storage.
20.56.110 Signs.
20.56.120 Lots.
20.56.130 Building setbacks.
20.56.140 Fire hydrants.
20.56.150 Access and circulation.
20.56.160 Streets frontage.
20.56.170 Sewer improvements.
20.56.180 Water improvements.
20.56.190 Drainage improvements.
20.56.200 Clearing and grading.
20.56.210 Utilities improvements.
20.56.220 Easements.
20.56.230 Underground wiring.
20.56.240 Improvements - Smooth transition required.
20.56.250 Utility improvement plans.
20.56.260 Acceptance of improvements.
20.56.270 Performance guarantee requirements.
20.56.280 Site improvements designated.
20.56.290 Warranty requirements for acceptance of final improvements.
20.56.300 Surveyrequired.
20.56.310 Dedication-Warranty deed.
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20.56.010 Approval.
A. Standards for Binding Site Plans. The standards set forth in this chapter are to be used for
binding site plans.
B.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.
20.56.020 Public use reservations.
A. 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.
B.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 byRCW Chapter 82.02.
20.56.030 Design with environment.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.
20.56.040 Development with existing structures.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.
20.56.050 Site-specific energy conservation.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.
20.56.060 Floodplain regulations. Land identified in the Marysville Flood Insurance.
Study dated February 15, 1984 as amended from time to time, with accompanying flood
insurance maps, as amended from time to time, shall not be developed unless the requirements
of floodplain regulations are met (Ordinance No. 1339 as amended,codified in Chapter 16.32).
20.56.070 Landscaping.Landscaping shall be required on all projects per zoning code
requirements and city standards.
20.56.080 Parking. The number of parking stalls shall be provided per zoning code
requirements.All parking lots shall be paved and designed per city standards.
20.56.090 Loading areas.Loading areas shall be provided per zoning code requirements.
20.56.100 Outdoor storage.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.
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20.56.110 Signs. All signs shall be per zoning code requirements and city sign
ordinance in Chapter 16.16. All signing shall be approved by the city and integrated into the
building design and the overall site plan.
20.56.120 Lots.
A.Lot arrangement shall be related to the natural features of the site and provide a suitable
building site.
B. Lots in general in a binding site plan do not have to meet lot requirements of the zoning code,
as long as the city has approved the overall binding site plan.
20.56.130 Building setbacks. 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.
20.56.140 Fire hydrants.A.Fire hydrants shall be installed per city fire code.v>
B.Fire hydrants must be approved and operating prior to wood framing of buildings.
20.56.150 Access and circulation. Ingress,egress and general circulation shall be
approved by the city engineer.
20.56.160 Streets frontage.Whenever a project is proposed on an existing public street,
frontage shall be improved to current city standards.
20.56.170 Sewer improvements.All sewer improvements shall be per city standards.
20.56.180 Water improvements.All water improvements shall be per city standards.
20.56.190 Drainage improvements.Drainage improvements shall be required as
specified in Title 14MMC.
20.56.200 Clearing and grading.
A.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.
B.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.
C. All erosion control plans must be in compliance with city standards, and Title 14MMC.
D. In critical drainage areas, no clearing oflots shall be allowed until building permits and/ora
grading permit has been issued.
20.56.210 Utilities improvements.All utility facilities shall be per city standards.
20.56.220 Easements.Permanent easements shall be provided for utilities and other
public services identified at the time of preliminary site plan approval.
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20.56.230 Underground wiring.
A.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.
S.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.
C. 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..
D.If the appropriate utility company determines than an underground system as proposed above
cannot reasonably be installed according to accepted engineering practices,this requirement may
be waived upon receipt of a written notice from said utility to the city engineer.
E.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.
F.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 fifteen 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.
20.56.240 Improvements -Smooth transition required.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.
20.56.250 Utility improvement plans.All street and utility improvement plans shall be
prepared by a state of Washington licensed civil engineer.All plans shall be prepared on
reproducible mylar material and presented to the city for approval.
20.56.260 Acceptance of improvements.The city engineer is authorized to accept all
improvements and/or right-of-way dedication required in this title on behalf of the city.
20.56.270 Performance guarantee requirements.
A.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,a performance bond may be furnished guar-
antying such completion within one year from the date of acceptance of the plat.The
performance bond shall be drawn in favor of the city in the amount specified by the city
engineer,or his designee,or in lieu of a bond an equal sum placed in escrow.When all site
improvements have been completed and all monuments and property comers have been properly
placed,according to the required city standards,and have been approved by the city engineer,or
his designee,the road bond or balance of money held in escrowshall be released to the
subdivider.
B.Guarantee funds will not be released by the city unless approval has been received from all
applicable departments that are responsible for acceptance and/or maintenance of such
improvements.
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20.56.280 Site improvements designated.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:
(I)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.·1•••"·
20.56.290 Warranty requirements for acceptance of final improvements.
A.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 to the city a two-year
warranty at ten (10)percent of all costs incurred for the roads,right-of-way improvements and
storm drainage system and shall warrant against defects in the design,materials and
workmanship relating to such improvements and facilities,and costs of maintaining and
repairing said improvements and facilities for said two-year period.The amount of the warranty
shall be determined by the city engineer or his designee,and may be increased to as much as
twenty (20)percent of all costs incurred for roads,right-of-way improvements and storm
drainage system based on site characteristics/conditions.In lieu of a surety bond,the city may
accept a cash bond,assignment of a bank account,or irrevocable letter of credit.
B.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 and the approved road and storm plans,or bonded for as mentioned above.
20.56.300 Survey required.
A.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.
B. In all binding site plans,lot comers must be set before final approval can be granted.
C. In all binding site plans,perimeter monuments must be set before final approval can be
granted.
D. 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.
E. In all binding site plans,where final approval is to be granted by the acceptance of a
performance guarantee,lot comer 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.
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20.56.310 Dedication - Warranty deed. 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.
Chapter 20.60
MODIFICA nON
Sections:
20.60.010 Modification.
20.60.0 I0 Modification.
A.Any applicant can request and make application to the city requesting a modification from the
requirements of Sections 20.56.030 through 20.56.130.
B.For a modification of twenty-five percent or less, it shall be considered by the planning
director as an administrative decision.
C.For a modification of more than twenty-five percent, it shall be considered by the hearing
examiner at a public hearing.
D. The modification shall hot be granted by the planning director or hearing examiner until the
following criteria have been established:.
I.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;
2. 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;
3. A hardship would be incurred by the applicant ifhe/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.
Chapter 20.64
APPEALS
Sections:
20.64.010 Appeals tohearingexaminer.
20.64.010 Appeals to hearing examiner.
A.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 fourteen calendar days from the date on which the decision was rendered.
B. The written appeal shall include a detailed explanation stating the reason for the appeal. The
decision of the hearing examiner shall constitute a recommendation to the city council,pursuant
to Section 2.70.130 MMC.
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C.Standing to appeal is limited to the following:(I)The applicant or owner of the property on
which the binding site plan is proposed;(2) any aggrieved person who will thereby suffer a direct
and substantial impact from the proposed binding site plan; and (3)RCW 58.17.180 grants
standing to property owners within 300 feet of the subject property.
Chapter 20.68
ENFORCEMENTANDPENALTffiS
Sections:
20.68.010 Enforcement.
20.68.020 Violation -Nuisance declared.
20.68.030 Provisions not exclusive.
20.68.040 Severability.
20.68.050 Savings.
20.68.010 Enforcement.The auditor shall refuse to accept for recording any binding site
plan which does not bear the verification of approval as defined by this title. The city attorney is
authorized to commence an action to restrain and enjoin a violation of this title and compel
compliance with the provisions of this title. The costs of such action shall be taxed against the
violator.
20.68.020 Violation -Nuisance declared.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. All costs of such action,including attorney fees,shall be taxed against the
violator.
20.68.030 Provisions not exclusive.Penalty and enforcement provisions in this title are
not exclusive,and the city may pursue any remedy or relief it deems appropriate.
20.68.040 Severability.If any provision of this Ordinance shall be declared
unconstitutional or invalid by any court of competent jurisdiction,it shall be conclusively
presumed that this Ordinance would have been enacted without the provision so held
unconstitutional or invalid,and the remainder of this Ordinance shall not be affected as a result
of said part being held unconstitutional or invalid.
20.68.050 Savings.Nothing contained in this ordinance 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,oras affecting the
liability of any person,firm or corporation,or as waiving any right of the City under any ordi-
nance or provision thereof in force at the time of passage of this ordinance..
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III. Boundary Line Adjustments
Chapter 20.72
GENERAL PROVISIONS
Sections:
20.72.0lO
20.72.020
20.72.030
20.72.040
Title
Jurisdiction
Purpose
Administration
20.72.010 Title. This ordinance shall be known as the "Boundary Line Adjustment Ordinance of the
City of Marysville," and the requirements set forth in this Ordinance are applicable to all boundary line
adjustments.
20.72.020 Jurisdiction. These regulations shall apply to all boundary line adjustments within the
incorporated area of the City of Marysville.
20.72.030 Purpose.A.The purpose of this ordinance 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 insuring
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 R.C.W.
B.It is further the purpose of this ordinance 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 ordinance.
C.It is the specific intent of this ordinance to place the obligation of complying with its requirements upon the
property owner and applicant,and no provision or term used in this ordinance is intended to impose any duty
whatsoever upon the City or any ofits officers,employees,or agents for whom the implementation or
enforcement of this ordinance shall be discretionary and not mandatory.
D. Nothing contained in this ordinance is intended to be, nor shall be,construed to create or form the basis for
any liability on the part the City, or its officers,employees,or agents,for any injury or damage resulting from
the failure to comply with this ordinance,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 ordinance, or by reason of any action or inaction on the part of the City related in any
manner to the enforcement of this ordinance by its officers,employees,or agents.
20.72.040 Administration. The Planning Director shall have the duty and responsibility of
administering the provisions of this Ordinance with the authority to promulgate rules and regulations to
implement and administer this Ordinance.
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Chapter 20.76
DEFINITIONS
Sections:
20.76.010
20.76.020
20.76.030
20.76.040
20.76.050
20.76.060
20.76.070
20.76.080
20.76.090
20.76.100
20.76.110
20.76.120
20.76.130
20.76.140
20.76.150
20.76.160
Applicant.
Boundary line adjustment.
Boundary lines.
Boundary line adjustment/survey map.
Building site.
City.
Department.
Planning director.
Environmentally sensitive areas.
Lot.
Lot line.
Nonconforming lot.
Parcel.
Public street.
Tract.
Zoning code.
20.76.010 Applicant. Any person or corporation proposing a boundary line adjustment ofany lot, tract,
parcel,building site or division.
20.76.020 Boundary Line Adjustment. A division made for the purpose of adjusting lot lines between
platted and unplatted lots or both which does not create any additional lot, tract, parcel,building site, or
division, nor create any lot, tract,parcel,building site, or division which contains insufficient area and
dimension to meet minimum requirements as specified by the City's Zoning Code for width and area for lots,
tracts, parcels,building sites.
20.76.030 Boundary Lines: Lines that separate and establish an area with fixed limits for lots, tracts,
parcels, or building sites.
20.76,040 Boundary Line Adjustment/Survey Map. A drawing to scale showing all the required
information as specified in Section 20,80.040(A):
20.76.050 Building Site.Portion of a lot occupied or to be occupied by a building(s).
20.76.060 City. The City of Marysville.
20.76.070 Department.The City's Planning and Building Department.
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20.76.080 Planning Director. Appointed by the Mayor to administer the Department of Planning and
Building.
20.76.090 Environmentally Sensitive Areas. Those areas regulated by Chapter 18.28 MMC,and their
buffers.
20.76.100 Lot. A fractional part of legally divided lands having fixed boundaries and being of sufficient
area and dimension to meet minimum zoning requirements for width and area; and the term "lot"includes tracts
and parcels.
20.76,110 Lot Line. A line of record that divides a lot from another lot or from a public or private street
or alley,
20.76.120 Nonconforming Lot. A legally established lot,tract or parcel, the area dimensions or location
of which met the applicable Zoning Code requirements in effect at the time the lot, tract, or parcel was created,
but which fails by reason of such adoption, revision, or amendment of the Zoning Code to conform to the
present requirements of the zone in which it is located.
20.76.130 Parcel. See definition for lot.
20.76.140 Public Street. A right-of-way which provides vehicular and pedestrian access to adjacent
properties,which the City has officially accepted into its street system.
20.76.150 Tract. See definition for lot.
20.76.160 Zoning Code. City of Marysville Zoning Ordinance,Title 19 MMC.
Chapter 20.80
REVIEW PROCESS
Sections:
20.80.010
20.80,020
20.80.030
20.80.040
20.80.050
20.80.060
Application Submittal
Review Process
Approval
Required Information For Recording
Survey
Record with Auditor
20.80.010 Application submittal.A.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:
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County Recording Fees are the applicant's responsibility and must be paid to the County Auditor by the
applicant at the time of recording.
B.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 oflegallot status,declaration of
legal documentation,and proposed boundary line adjustment/survey map. The City shall provide appropriate
forms and application instructions.
20.80.020 Review Process.A.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.
B.Action by other City Departments:The Department will circulate copies ofthe proposed boundary line
adjustment application to the City's Building,Fire,and Public Works Departments.Each department shall
provide the Department with recommendations within ten (10)calendar days from-the time a completed
application is received.-,.,
C.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:
I.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 dimension to meet the minimum requirements as specified by the City's Zoning Code for lots,tracts,
parcels,or building sites,except as permitted in Chapter 2 Section B (3)(d)herein;and
2.Boundary lines may not be adjusted between lots which have been created for tax purposes only.The
applicant shall provide evidence oflegallot status;and
3.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
4.Boundary lines of non-conforming lots may not be adjusted where the adjustment of the line(s)will result in
making the lots,tracts,parcels or building sites more non-conforming;and
5.Boundary lines may not be adjusted when the adjustment will result in the City being unable to provide
adequate utilities;and
6.Boundary lines may not be adjusted when the adjustment will result in inadequate frontage on a public
street;and
7.Boundary lines may not be adjusted where the adjustment will result in an inadequate building site for any
lot containing area defined as Enviromnentally Sensitive;and
8.Boundary lines may not be adjusted where the adjustment will result in a violation of a City or State Code;
and
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D. 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.
20.80.030 Approval. Time Limits For Approval: The applicant must submit and complete all
required documents as specified by this ordinance within six (6) months following the date of approval. Failure
to submit and complete the required documents within the six month 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.
20.80.040.Information for recording must include the following.A.Original Mylar Of
Boundary Line Adjustment/Survey Map:After the City has given the applicant approval, the applicant shall
submit the original mylar map, a photo mylar map, and two blue line maps prepared by a registered land
surveyor, drawn in ink on mylar,having a trimmed size of eighteen by twenty four inches (18" x 24").If
authorized by the City, the applicant may submit two photo mylars instead of the one original and one photo
mylar.Information required on the map shall include:
1. The date, scale, and north arrow;
2. 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;
3. Names and right-of-way widths of all streets;
4. Number of each lot, tract, parcel, or building site and each block;
5.Description of private covenants and special restrictions;
6. Location,dimensions and purpose of any easements;
7. Location and description of monuments and lot, tract,parcel,or building site corners set and found;
8.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;
9.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;
10. Special setback lines when different from City's Zoning Code;
11. A dedicatory statement acknowledging any public or private dedications,donations, or grants;
12. Location of existing structures,utilities,setbacks,encroachments and area of all lots,tracts,parcels, or
building sites after adjustment.
13. The file numberof the boundary line adjustment must be on the boundary line adjustment/survey map with
the legal description of the total area being adjusted before the boundary line adjustment/survey is ready for
recording.
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B.Certificates:
I."Examined,found to be in conformity with applicable zoning and other land use controls,and
approved this __day of ,19_
Planning Director"
2."1 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 1fully complied with the provisions of the state and local statutes and regulations governing
surveying.
Licensed Land Surveyor
(Seal)"
3. Vicinity Map:
A vicinity map clearly identifying the location of the property shall be submitted.
4. Legal Descriptions:
All boundary line adjustment application submittals shall include legal descriptions of the existing and
proposed lots, tracts, parcels, or building sites. The applicant is also required to submit a legal descriptions for
the area being conveyed at the time of the application.All legal descriptions must be prepared by a Licensed
Surveyor in the State of Washington,attorney,or title company.
5.Affidavit of Ownership:
All boundary line adjustment application submittals shall be accompanied by a notarized signature of the
owner,and 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,
6.Declaration of Legal Documentation:
All boundary line adjustment application submittals shall be accompanied by a notarized statement containing:
(1)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 (2) 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.
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7. 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:
a. The legal description of all lots, parcels,tract's,or building sites to be adjusted; and
b. The names of the owners of any lots, tracts, parcels, or building sites to be adjusted;and
c. Any easements,restrictions,or covenants affecting the property to be adjusted, with a description of such
easements,restrictions,and covenant..
20.80.050 Survey.
Survey Required for Boundary LineAdjustments:
A.A survey for a boundary line adjustment must be conducted by or under the supervision of a registered
Washington State licensed land surveyor. The surveyorshall certify onthe boundary line adjustment/survey
(mylar)map that it is a true and correct representation of the lands actually surveyed, in accordance with City
and State law.
B.The survey must indicate that all lot comers are staked. The survey must also show all encroachmenus),
buildings,and setbacks from property lines.
C. A record of survey must be filed with the County Auditor in accordance with Chapter 58.09 R.C.W.
D. Based on the complexity of the proposed boundary line adjustment the Planning Director may waive the
requirement for survey on a case-by-case basis.
20.80.060 Recording.
Recording with Auditor:
When the boundary line adjustment proposed for recording has been signed by the Planning Director,and the
applicant has complied with all of the requirements of this ordinance 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 photo copy 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 adjustmentwill 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 ordinance
for anyone to record a boundary line adjustment which does not bear the verification of approval as defined by
this ordinance.
Chapter 20.84
APPEALS
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Sections:
20.84.010
20.84.020
20.84.030
Boundary line adjustments -Appeals to hearing examiner.
Time period stay -Effect of appeal.
Appeal to court.
20.84.010 Boundary line adjustments -Appeals to hearing examiner.A.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
fourteen calendar days from the date on which the decision was rendered.
B. The written appeal shall include a detailed explanation stating the reason for the appeal. The
decision of the hearing examiner shall constitute a recommendation to the city council, pursuant
to Section 2.70.130 MMC.
C.Standing to appeal is limited to the following: (1) the applicant or owner of the property on
which the boundary line adjustment is proposed;(2) any aggrieved person will thereby suffer a
direct and substantial impact from the proposed boundary line adjustment.
20.84.020 Time period stay -Effect of appeal.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.
20.84.030 Appeal to court. Any appeals from a decision approving or disapproving a
boundary line adjustment shall be in accordance with RCW 58.17.180 and shall be filed with the
court only after all administrative appeals as set forth herein have been exhausted.
Chapter 20.88
ENFORCEMENT OF PENALTillS
Sections:
20.88.010
20.88.020
20.88.030
Violation.
Severability.
Savings.
20.88.010 Violation.A.Penalty: Any person, firm or corporation,or association,or any agent of any
person, firni or corporation,or association who violates any provision of this Ordinance shall be guilty of a
misdemeanor,and upon conviction thereof,shall be punishable by a fine not to exceed one thousand dollars
($1,000),or imprisonment in jail not to exceed ninety (90) days, or both imprisonment and fine. Each separate
day, or any portion thereof,during which any violation of any provision of this Ordinance occurs or continues,
shall be deemed a separate and distinct offense.
B. Civil Action: Any violation of the provisions of this ordinance 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
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C.Enforcement Provisions:Penalty and enforcement provisions provided in this Ordinance are not exclusive,
and the City may pursue any remedy or relief deemed appropriate.
20.88.020 Severability.If any provision ofthis Ordinance shall be declared unconstitutional or invalid
by any court of competent jurisdiction,it shall be conclusively presumed that this Ordinance would have been
enacted without the provision so held unconstitutional or invalid, and the remainder of this Ordinance shall not
be affected as a result of said part being held unconstitutional or invalid.
20.88.030 Savings.Nothing contained in this ordinance 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 this
ordinance.
REPEALER.Ordinance No. 701 as amended by Ordinance No. 723 as codified in Chapters 20.04,20.08,20.12,
20.16,20.20,and 20.24 of the Marysville Municipal Code, and each of the sections therein,are each repealed for
the reason that they are replaced by this ordinance. Any and all other ordinances or parts of ordinances of the
City of Marysville in conflict with this ordinance are hereby superseded and repealed by this ordinance.
PASSED 4 Council and APPROVED bythe Mayor this
cl3J..dayof ,1994.
CITY OF MARYSVILLE
By ~!J@
ATTEST:
CITY CLERK
Approved as to form:
Mayor
BY~U...u.eF'
CITY ATTORNEY
Date of Publication :;~::2t;/9 c;Lj ;(.t2J SfEffectiveDate (5 days after publication):~b I
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,.