Chapter 22G.090
SUBDIVISIONS AND SHORT SUBDIVISIONS

Sections:

Article I. General Provisions

22G.090.010    Title.

22G.090.020    Authority.

22G.090.030    Purpose.

22G.090.040    Jurisdiction.

22G.090.050    Applicability – Exemptions.

Article II. Preliminary Subdivision Review

22G.090.060    Preapplication requirements.

22G.090.070    Application – Submittal.

22G.090.080    Review process – Reports by city departments.

22G.090.090    Review process – Staff report – Requirements.

22G.090.100    Review process – Staff report – Hearing examiner’s agenda.

22G.090.110    Review process – Public hearing.

22G.090.120    Public hearing – Hearing examiner duty.

22G.090.130    Public hearing – Elements considered.

22G.090.140    Hearing examiner decision – Requirements.

22G.090.150    Hearing examiner decision – Records.

22G.090.160    Approval of preliminary subdivision – Effect.

22G.090.170    Preliminary and final subdivision approval – Terms.

22G.090.180    Substantial revisions of county-approved preliminary plats.

22G.090.185    Revisions after preliminary subdivision approval.

Article III. Final Subdivision Review

22G.090.190    Compliance with preliminary approval required.

22G.090.200    Plat map – Requirements.

22G.090.210    Dedications.

22G.090.220    Acknowledgments and certifications.

22G.090.230    Documents required – Subdivision title report.

22G.090.240    Documents required – Restrictions and covenants.

22G.090.250    Documents required – Survey.

22G.090.260    Review process – Action by city staff.

22G.090.270    Review process – Final approval.

22G.090.280    (Reserved).

22G.090.290    Filing original plat and copies.

22G.090.300    Valid land use – Governed by terms of final approval.

Article IV. Short Subdivision Review

22G.090.310    Applicability – Lot number requirement.

22G.090.320    Preapplication requirements.

22G.090.330    Application submittal.

22G.090.340    Review process – City department action – State action.

22G.090.350    Review process – State Environmental Policy Act.

22G.090.360    Review process – Elements considered.

22G.090.370    Review process – Decision by city.

22G.090.380    Preliminary and final short subdivision approval – Terms.

22G.090.385    Revisions after preliminary short subdivision approval.

22G.090.390    Final submittal – Preliminary approval compliance.

22G.090.400    Final submittal – Short plat.

22G.090.410    Final submittal – Vicinity map.

22G.090.420    Final submittal – Restrictions and covenants.

22G.090.430    Final submittal – Short subdivision title report.

22G.090.440    Final submittal – Legal descriptions.

22G.090.450    Final submittal – Declaration of ownership.

22G.090.460    Final submittal – Contiguous parcel owners.

22G.090.470    Final submittal – Survey.

22G.090.480    Final approval – Procedure.

22G.090.490    Recording requirement.

22G.090.500    Resubdivision restrictions.

Article V. Land Division Requirements

22G.090.510    Standards generally.

22G.090.520    Provisions for approval.

22G.090.530    Public use reservations.

22G.090.540    Design with environment required.

22G.090.550    Divisions of land with existing structures.

22G.090.560    Building design with natural slope.

22G.090.570    Landscaping requirements.

22G.090.580    Fence requirements.

22G.090.590    Floodplain requirements.

22G.090.600    Street improvements.

22G.090.610    Pedestrian improvements.

22G.090.620    Drainage improvements.

22G.090.630    Sewer improvements.

22G.090.640    Water improvements.

22G.090.650    Fire hydrant improvement.

22G.090.660    Clearing and grading.

22G.090.670    Lot requirements.

22G.090.680    Utilities improvements.

22G.090.690    Easements.

22G.090.700    Public uses, park, playground and recreation areas.

22G.090.710    Underground wiring.

22G.090.720    Improvements – Smooth transition required.

22G.090.730    Improvements – Utility improvement plans.

22G.090.740    Improvements – Acceptance.

22G.090.750    Performance guarantee requirements.

22G.090.760    Site improvements designated.

22G.090.770    Warranty requirements for acceptance of final improvements.

22G.090.780    Survey requirement.

22G.090.790    Dedication – Statutory warrant deed.

22G.090.800    Divisions of land adjacent to small farms overlay zone.

Article VI. Tax Segregated Lots

22G.090.810    Subdivision requirements.

Article VII. Modifications and Variances

22G.090.820    Modifications and variances.

Article VIII. Appeals

22G.090.830    Preliminary subdivision – Appeals of hearing examiner decisions.

22G.090.840    Short subdivisions – Appeals to hearing examiner.

22G.090.850    Time period stay – Effect of appeal.

Article IX. Enforcement and Penalties

22G.090.860    Delegation of responsibilities.

22G.090.870    Compliance – Prior provisions – Transition.

22G.090.880    Effect of noncompliance.

22G.090.890    Filing unapproved subdivisions or short subdivisions.

22G.090.900    Violation – Injunctive action.

22G.090.910    Violation – Exception.

22G.090.920    Provisions nonexclusive.

22G.090.930    Rules and regulations.

22G.090.940    Severability.

22G.090.950    Savings.

Article I. General Provisions

22G.090.010 Title.

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

22G.090.020 Authority.

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

22G.090.030 Purpose.

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

(2) It is further the purpose of these regulations to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these regulations.

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

(4) Nothing contained in these regulations is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure to comply with these regulations, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of these regulations, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of these regulations by its officers, employees or agents. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.040 Jurisdiction.

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

22G.090.050 Applicability – Exemptions.

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

(2) Exemptions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article II. Preliminary Subdivision Review

22G.090.060 Preapplication requirements.

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

(2) Preliminary Drawing.

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

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

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

22G.090.070 Application – Submittal.

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

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

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

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

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

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

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

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

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

(g) Existing structures and setbacks;

(h) The location of existing driveways;

(i) All easements and uses;

(j) Existing and proposed utilities services;

(k) Fire hydrant location and distance;

(l) Grading plans with topographic relief of:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

22G.090.080 Review process – Reports by city departments.

(1) If the application meets all the requirements specified in MMC 22G.090.070, then the application shall be deemed complete and the community development 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 community development department with a report as to the effect the 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.

(2) 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 14 calendar days of receiving the notice, regarding the effect the subdivision may have relevant to access to the state highway. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.090 Review process – Staff report – Requirements.

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

22G.090.100 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. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.110 Review process – Public hearing.

Notice of the public hearing shall conform to the following:

(1) Notice shall be published not less than 10 calendar days prior to the public hearing in a newspaper of general circulation within the city.

(2) 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 owner’s form, shall be notified by mail not less than 15 calendar days prior to the public hearing.

(3) The applicant shall post the property with a sign at least 10 calendar days prior to the public hearing. This sign shall be organized, designed and placed as defined by the city’s community development 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 14 calendar days. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.120 Public hearing – Hearing examiner duty.

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

22G.090.130 Public hearing – Elements considered.

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

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

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

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

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

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

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

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

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

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

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

22G.090.140 Hearing examiner decision – Requirements.

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

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

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

22G.090.150 Hearing examiner decision – Records.

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

22G.090.160 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. (Ord. 3075 § 1, 2017; Ord. 2852 § 10 (Exh. A), 2011).

22G.090.170 Preliminary and final subdivision approval – Terms.

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

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

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

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

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

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

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

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

22G.090.180 Substantial revisions of county-approved preliminary plats.

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

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

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

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

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

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

22G.090.185 Revisions after preliminary subdivision approval.

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

Article III. Final Subdivision Review

22G.090.190 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. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.200 Plat map – Requirements.

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

(1) The name of the subdivision;

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

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

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

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

(6) Number of each lot consecutively;

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

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

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

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

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

(12) Existing structures, all setbacks, and all encroachments. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.210 Dedications.

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

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

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

22G.090.220 Acknowledgments and certifications.

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

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

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

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

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

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

(2) Acknowledgment.

STATE OF WASHINGTON)

: ss.

COUNTY OF SNOHOMISH)

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

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

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

_____________________

(Seal)

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

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

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

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

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

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

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

(4) Approvals.

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

_________________________________

City Engineer, City of Marysville

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

__________________________________

Community Development Director,
City of Marysville

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

_______________     _________________

Mayor     Attest: City Clerk

(5) Certificates.

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

____________________

Licensed Land Surveyor     (Seal)

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

_________________________

Treasurer, Snohomish County

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

_________________________

Auditor, Snohomish County

(Ord. 2852 § 10 (Exh. A), 2011).

22G.090.230 Documents required – Subdivision title report.

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

22G.090.240 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. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.250 Documents required – Survey.

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

22G.090.260 Review process – Action by city staff.

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

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

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

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

22G.090.270 Review process – Final approval.

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

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

22G.090.280 (Reserved).

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

22G.090.290 Filing original plat and copies.

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

22G.090.300 Valid land use – Governed by terms of final approval.

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

Article IV. Short Subdivision Review

22G.090.310 Applicability – Lot number requirement.

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

22G.090.320 Preapplication requirements.

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

(2) Preliminary Drawing.

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

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

22G.090.330 Application submittal.

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

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

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

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

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

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

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

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

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

(g) Existing structures and setbacks;

(h) The location of existing driveways;

(i) All easements and uses;

(j) Existing and proposed utilities services;

(k) Fire hydrant location and distance;

(l) Five-foot contour lines;

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

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

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

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

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

(b) Site has permanent drainage course or wetlands;

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

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

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

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

22G.090.340 Review process – City department action – State action.

(1) If the preliminary short subdivision application meets all the requirements specified in MMC 22G.090.330 then the application shall be deemed complete and the community development department shall circulate copies of the short subdivision application to relevant city departments who shall review the short subdivision and furnish the community development 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.

(2) 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 community development 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 14 calendar days.

(3) 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.

(4) Any individual shall have 14 working days from the date of mailing in which to submit written comments to the community development department concerning the proposed short subdivision.

(5) 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 of the application, including legal description and location map, to the Department of Transportation. The state shall comment, within 14 calendar days of receiving the notice, regarding the effect the short subdivision may have relevant to access to the state highway. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.350 Review process – State Environmental Policy Act.

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

22G.090.360 Review process – Elements considered.

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

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

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

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

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

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

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

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

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

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

(10) Floodplain. Identification of short subdivisions proposed in the floodplain and compliance with requirements of this title and Chapter 22E.020 MMC, Floodplain Management;

(11) Sidewalks. Pursuant to RCW 58.17.060(2), the applicant shall be required to show that sidewalks are provided to assure safe walking conditions for students who walk to and from school. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.370 Review process – Decision by city.

(1) If the city engineer and community development director find that appropriate provisions have been made according to MMC 22G.090.360, then the short subdivision may be granted preliminary approval. If the city engineer and community development director find that the short subdivision does not make the appropriate provision for MMC 22G.090.360, the city may disapprove or return it to the applicant for modification and conditions for approval.

(2) The preliminary short subdivision decision shall be in writing and shall include findings of fact and conclusions.

(3) Approval of the preliminary short subdivision by the planning director and city engineer shall constitute authorization for the applicant to develop the short subdivision facilities and improvements as required in the approved preliminary short subdivision. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.380 Preliminary and final short subdivision approval – Terms.

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

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

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

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

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

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

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

(4) If final short subdivision approval is not obtained within the time frames outlined in subsection (3) of this section, the preliminary subdivision approval is void. (Ord. 3032 § 2, 2016; Ord. 2981 § 40, 2015; Ord. 2894 § 4, 2012; Ord. 2852 § 10 (Exh. A), 2011).

22G.090.385 Revisions after preliminary short subdivision approval.

Revisions of approved preliminary short subdivisions prior to installation of improvements and recording of the final short subdivision shall be processed pursuant to MMC 22G.010.260 or 22G.010.270. (Ord. 2981 § 41, 2015).

22G.090.390 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 of the city all of the final documents. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.400 Final submittal – Short plat.

The final short plat drawings shall be on Mylar drafting film having the dimensions of 18 inches by 24 inches. Information required shall include:

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

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

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

(4) Number of each lot consecutively;

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

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

(7) Existing structures, all setbacks, and all encroachments;

(8) Location, dimensions and purpose of any easements;

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

(10) 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;

(11) The final short plat will also contain the following:

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

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

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

IN WITNESS WHEREOF we set our hands and seals this ____ day of ____, 20__.

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

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

(b) Acknowledgment.

STATE OF WASHINGTON)

: ss.

COUNTY OF SNOHOMISH)

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

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

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

(Seal)

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

(i) No further subdivision of any lot without resubmitting for formal plat or revised short plat consistent with Title 22 of the Marysville Municipal Code.

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

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

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

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

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

(d) Approvals.

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

_____________________________

City Engineer, City of Marysville

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

____________________________________

Community Development Director, City of Marysville

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

_________________________________

Mayor Attest: City Clerk

(e) Certificates.

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

_____________________________

Licensed Land Surveyor

(Seal)

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

_____________________________

Treasurer, Snohomish County

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

_____________________________

Auditor, Snohomish County

(Ord. 3075 § 5, 2017; Ord. 2852 § 10 (Exh. A), 2011).

22G.090.410 Final submittal – Vicinity map.

A vicinity sketch clearly identifying the location of the property must be prepared and completed. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.420 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. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.430 Final submittal – Short subdivision title report.

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

22G.090.440 Final submittal – Legal descriptions.

All final short subdivision applications shall have a legal description of the entire parcel to be short subdivided and each lot, easement and tract to be created and shall be on forms acceptable to the city and stamped “Registered Land Surveyor.” (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.450 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 MMC 22G.090.400(11)(a) or a separate written instrument shall also contain the dedication of all streets and other areas to the public, an individual or individuals, religious society or societies or to any corporation, public or private, or other legal entity as shown on the short plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of the road. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the land subdivided and recorded as part of the final short plat. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.460 Final submittal – Contiguous parcel owners.

Name and address of contiguous parcel owners on the property owner’s form must be prepared and completed. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.470 Final submittal – Survey.

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

22G.090.480 Final approval – Procedure.

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

(2) If the conditions have been met, the mayor will inscribe and execute the city’s written approval on the face of the short plat map. If the community development director and city engineer disapprove the short plat, it will be returned to the applicant with reasons for denial and conditions for compliance. (Ord. 3075 § 6, 2017; Ord. 2852 § 10 (Exh. A), 2011).

22G.090.490 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. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.500 Resubdivision restrictions.

(1) Land within an approved short subdivision shall not be resubdivided for a period of five years from the date of final approval of the short subdivision without the submission and approval of a final subdivision pursuant to all provisions of this title concerning the subdivision of land into 10 or more lots, tracts or parcels.

(2) When the original short subdivision contains nine or fewer lots, the above restrictions shall not apply to the creation of additional lots, not exceeding a total of nine. In that case, a new application must be filed and processed. After five years, further division may be permitted when otherwise consistent with the regulations of the city.

(3) Where there have been no dedications to the public and no sales of any lots in a short subdivision, nothing contained in this section shall prohibit a subdivider from completely withdrawing his entire short subdivision and thereafter presenting a new application. (Ord. 2852 § 10 (Exh. A), 2011).

Article V. Land Division Requirements

22G.090.510 Standards generally.

The following standards set forth in this chapter are to be used for division and redivisions of land. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.520 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, relating to open space, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, school facilities and other standards as may be required by this title. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.530 Public use reservations.

(1) Reservation or Dedication. If the city concludes in the review of the subdivision or short subdivisions that the dedication or reservation of areas or sites for school facilities, park land, and playgrounds is reasonably necessary and is a direct result of the proposal and is consistent with the capital facilities element of the comprehensive plan, the city may require that such reservation or dedication be provided.

(2) Street Right-of-Way Realignment or Widening.

(a) If the city concludes that the street right-of-way adjacent to a proposed division of land is inadequate for widening and realignment of the existing street, then the city may require a dedication of necessary right-of-way and improvement of that right-of-way.

(b) The city may allow up to 10 percent deviation in minimum lot size in short subdivisions only if the requirement of a dedication of right-of-way on an existing publicly improved street reduces a proposal below the minimum zoning code requirements.

(3) Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed subdivision or short subdivision as authorized in Chapter 82.02 RCW and Chapter 22D.010 MMC. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.540 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. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.550 Divisions of land with existing structures.

(1) When divisions or redivisions of land are submitted proposing the creation of new lots with existing structures, the existing structures shall comply with all zoning code requirements including, but not limited to, such things as setback requirements, parking requirements and height standards; provided, however, if the structures are legal nonconforming buildings, nothing shall prohibit the division of such land, so long as the division does not increase or intensify the nonconforming nature of the structure.

(2) Exception. If the existing structure cannot meet setback requirements and the structure(s) is a legal nonconforming structure, the applicant may then apply for a variance under MMC 22G.090.820. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.560 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 22E.010 MMC, Critical Areas Management. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.570 Landscaping requirements.

Landscaping shall be in conformance with Chapter 22C.120 MMC, Landscaping and Screening; provided, that for all new divisions of land, the applicant shall provide a landscape/reforestation plan that will include, but not be limited to, the following:

(1) Street trees spaced 40 feet on center. Street trees shall be a minimum of one and one-half inches in caliper and six to eight feet high at the time of planting. Tree species should be selected from the city’s recommended street tree listing in the administrative landscape guidelines. Placement of street trees and treatment of the planting strip shall be subject to the street tree standards set forth in the Engineering Design and Development Standards, Section 3-504, Street Trees and Landscaping, and Standard Plan 3-504-001.

(2) Significant trees, which include evergreen trees eight inches in diameter or greater and/or deciduous trees 12 inches in diameter or greater measured four and one-half feet above grade, shall be retained as follows:

(a) Perimeter landscaped areas that do not constitute a safety hazard shall be retained.

(b) At the discretion of the community development director, the applicant shall be required to hire a certified arborist to evaluate trees proposed for retention, including those located within NGPA tracts (specifically along the fringes) or other areas as identified. The arborist shall make a written recommendation to the community development department with regard to the treatment of the treed area. In the event of an immediate hazard, this requirement shall be waived.

(c) To provide the best protection for significant trees during the construction stage, the applicant shall install a temporary, five-foot-high, orange clearing limits construction fence in a line generally corresponding to the dripline of any significant tree(s) to be retained. All such fencing shall be installed and inspected by the community development department prior to commencement of site work.

(d) At the discretion and approval of the community development director, where it is not feasible and/or desirable to retain the significant trees, the applicant may propose a planting plan on an alternative site or area, or payment into the city tree fund, that provides effective replacement of the functions and/or value lost through removal of the significant trees. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.580 Fence requirements.

Prior to preliminary plat or short plat approval, it shall be determined whether a six-foot-high, sight-obscuring fence shall be required along the affected perimeter of new formal single-family subdivisions or short subdivisions. A fence shall be required when one or more of the following criteria have been met (unless waived by adjacent property owner):

(1) If it is determined during grading plan review that the existing grade will be increased by a two-foot or greater vertical grade change and the grade increase causes the newly created lots to be at a higher elevation than the abutting property. The grade change shall be measured from the affected property line to the foundation wall of the newly constructed dwelling. In the case of formal subdivisions, the fencing issue shall be determined by the hearing examiner at the public hearing for the preliminary plat. The community development director shall be responsible for determining the fencing requirements for short subdivisions. The community development director’s decision may be appealed to the hearing examiner, in accordance with Chapter 22G.010 MMC, Article VIII, Appeals.

(2) If a newly created lot contains a front yard that directly abuts the rear yard of an adjacent property, and the existing lot contains a dwelling unit that is located within 20 feet of the newly created lot.

(3) If a newly constructed plat road (public or private) directly abuts either the side or rear yard of a residentially developed property, and the existing dwelling unit is located within 20 feet of the newly constructed road.

All required fencing shall be constructed prior to final plat and/or short plat approval. Where existing trees and associated vegetation or existing fencing serve the same or similar function on either the subject property or the abutting property, they shall have priority over and may be substituted for the required fencing, provided the following conditions are met:

(a) Supplemental landscaping is provided within or adjacent to these areas, as necessary, to accomplish the specific intent of this section.

All required screening shall be reviewed to ensure that access and connectivity between single-family developments are not being precluded as a result of these requirements. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.590 Floodplain requirements.

Land identified in “The Flood Insurance Study for the City of Marysville” dated September 16, 2005, as amended, with accompanying flood insurance rate maps (FIRM), as amended, shall not be subdivided unless the requirements of floodplain regulations are met. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.600 Street improvements.

(1) Street Standards. All streets shall be built to current city standards and meet minimum requirements as defined in the city of Marysville engineering design and development standards. The minimum requirement for each street classification shall be based on the maximum potential number of dwelling units served by the logical extension of common streets to serve other land.

(2) Whenever a division or redivision of land is on an existing public street such frontage shall be improved to current city standards.

(3) Local streets shall be laid out to discourage use by through traffic.

(4) The use of curvilinear streets and loop access roads shall be encouraged where such use will result in a more desirable layout.

(5) Proposed streets shall be extended to the boundary lines of the tract to be subdivided and short subdivided unless prevented by topography or other physical conditions, and in the opinion of the city engineer such extension is not necessary or desirable for the coordination of the layout of the subdivision or short subdivision with the existing road network or master street plan for the city, or the most advantageous future development of adjacent tracts.

(6) Right-of-way width in excess of the city standards may be required due to topography or other special circumstances.

(7) Access Easement Exception. The city may, at the request of the applicant in a short subdivision, only allow access to lots by easement when in the opinion of the city engineer:

(a) The improvement of a public street is not necessary to facilitate adequate supply of water, sewer and utilities;

(b) The improvement of a public street is not necessary to provide on-street parking;

(c) The improvement of a public street is not necessary to provide access to potential additional lots or future developable area;

(d) The improvement of a public street is not necessary to protect the public health, safety and welfare of the residence and general public.

(8) The computations for complying with the zoning code minimum lot size shall not include the access easement area.

(9) For any easement with public utilities, the city engineer shall determine easement width. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.610 Pedestrian improvements.

(1) Pedestrian Access. In order to facilitate pedestrian access from the streets to schools, parks, playgrounds or other nearby streets, the city may require perpetual unobstructed easements. Easements shall be noted on the face of the final plat.

(2) When a proposed division or redivision of land is on an established bus route, the applicant may be required to provide a bus shelter. The city engineer shall make this decision as it relates to the potential needs of the development. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.620 Drainage improvements.

(1) Drainage improvements shall be required as specified in MMC Title 14. Use of low impact development methods to mimic predevelopment hydrologic functions and manage storm water through natural processes is encouraged.

(2) Drainage Easements. When a subdivision or short subdivision is traversed by a watercourse, drainageway, channel or stream, the applicant shall provide a drainage easement or drainage right-of-way conforming substantially to the lines of the watercourse or drainageway. The easement or drainage right-of-way shall be maintained in its natural state with proper setback and landscaping as approved by the city. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.630 Sewer improvements.

All sewer improvements will be per city standards. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.640 Water improvements.

All water improvements will be per city standards. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.650 Fire hydrant improvement.

(1) Fire hydrants shall be installed per city’s fire code.

(2) Fire hydrants must be approved and operating prior to framing of buildings. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.660 Clearing and grading.

(1) Before any site modification where existing natural features would be disturbed or removed, a grading plan must be submitted to the city and approved by the city showing the extent of the proposed modification.

(2) Debris, waste, trees, timber, junk, rubbish or other materials of any kind shall not be buried in any land or deposited in any surface water.

(3) All erosion control plans must be in compliance with city standards and MMC Title 14.

(4) In critical drainage areas no clearing of lots shall be allowed until building permits and/or a grading permit has been issued. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.670 Lot requirements.

(1) Lot arrangement shall be related to the natural features of the site and provide a suitable building site and driveway access from existing or proposed streets. Provision of adequate solar access should be considered during lot design.

(2) Double-frontage lots shall be avoided whenever possible.

(3) Lots shall not, in general, access off of arterials. Where driveway access from a street may be necessary for several adjoining lots, the city may require that such lots be served by combined access points and driveways designed or arranged so as to avoid requiring vehicles to back into traffic.

(4) Residential lots must have a front yard setback orientation toward the public street or easement access.

(5) Interior lot lines should be composed of straight lines.

(6) Residential lots shall maintain the minimum setback requirements as specified by the city’s zoning ordinance, unless shown otherwise on the final plat or short plat, as a building site. In no case shall the city staff or the hearing examiner grant a deviation from the setback requirement on an exterior lot line on abutting property under separate ownership without following the procedure of MMC 22G.090.820.

(7) Residential lots shall maintain a minimum lot width as required by the city’s zoning ordinance.

(8) Panhandle-shaped lots shall only be permitted in a residential subdivision or short subdivision if the following are met:

(a) The minimum width of the minor access portion shall be 20 feet;

(b) The computations for complying with the zoning code minimum lot size shall not include the minor portion of a panhandle-shaped lot;

(c) No panhandle-shaped lot shall be permitted in short subdivisions where the ownership is common with a contiguous property;

(d) Side-by-side panhandles in subdivisions are not permitted;

(e) No panhandle-shaped lot will be permitted if there is a potential for additional development, unless adequate area is left for the future development potential; and

(f) All panhandle access drives shall comply with easement access standards, including type of units allowed and improvements required. (Ord. 2870 § 8, 2011; Ord. 2852 § 10 (Exh. A), 2011).

22G.090.680 Utilities improvements.

All utility facilities shall be per city standards. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.690 Easements.

Permanent easements shall be provided for utilities and other public services identified at the time of preliminary plat approval. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.700 Public uses, park, playground and recreation areas.

(1) Each division or redivision of land shall be required to reserve, for passive or active recreation, a designated area within the subdivision or short subdivision based on a minimum of five acres per 1,000 people as deemed reasonably necessary as a direct result of the proposed subdivision or short subdivision.

(2) Such land reserved for recreation purposes shall be a suitable location for proposed recreation uses.

(3) Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of dedication of land to mitigate a direct impact that has been identified as a consequence of a proposed subdivision or short subdivision as authorized in Chapter 82.02 RCW and Chapter 22D.010 MMC. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.710 Underground wiring.

It is the intent of this provision to eliminate insofar as possible the installation of overhead wires and of wire-carrying poles within residential subdivisions and short subdivisions being henceforth developed under this title.

(1) All subdivisions or short subdivisions shall have all necessary power lines, telephone wires, television cables, fire alarm systems and other communication wires, cables or lines placed in underground location either by direct burial or by means of conduit or ducts and, with the exception of the city fire alarm system, providing service to each lot or potential building site in the plat.

(2) All such underground installations or systems shall be approved by the appropriate utility company and shall adhere to all governing applicable regulations including but not limited to the city and state applicable regulations and specific requirements of the appropriate utility.

(3) If the appropriate utility company will not approve an underground installation or system because it cannot reasonably be installed according to accepted engineering practices, applicant may request a waiver of the requirement of underground installations or systems to the city engineer. If the city engineer concurs that under accepted engineering practices underground installations or systems cannot reasonably be installed he shall grant the waiver. If the city engineer does not concur, he shall make recommendations relating to the undergrounding of electrical service to the applicant for transmittal to the appropriate utility company.

(4) All utility easements within a proposed subdivision and short subdivision shall be approved by the appropriate utility company before final acceptance of the plat and shall be shown in their exact location on the final drawing of said subdivision or short subdivision.

(5) Nothing in this section or any other section of this title in relation to underground wiring shall apply to power lines carrying a voltage of 15 kV or more, nor shall it be construed to prohibit the placement of pad mounted transformers, terminal pedestals or other electrical and communications devices above ground, as determined by the appropriate utility involved. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.720 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. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.730 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. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.740 Improvements – Acceptance.

The city engineer is authorized to accept all improvements and/or right-of-way dedications required in this title on behalf of the city. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.750 Performance guarantee requirements.

(1) Site improvements shall be completed prior to approval of the final plat or short plat, or at the discretion of the city engineer, or his designee, security for performance in accordance with the provisions of Chapter 22G.040 MMC may be supplied. The duration for any such security for performance shall not be longer than one year.

(2) Security for performance shall not be released until all applicable departments responsible for acceptance and maintenance of improvements have approved said release. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.760 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 requirement for curbs and gutters may be waived by the city engineer if bioretention facilities are approved for managing storm water runoff from the street. Flow through curbs may be required by the city engineer. The developer shall request inspection of the improvements by the city engineer or his designee at the following times:

(1) Erosion control measures are installed;

(2) Rough grading is complete and prior to placing pit run;

(3) Storm water management facility completion;

(4) Roadway and frontage improvement completion;

(5) When all improvements, including monuments, have been placed.

All improvements which do not meet city standards shall be immediately replaced or repaired prior to proceeding. The city engineer, or his designee, will inform the developer in writing of any improvements which are not acceptable. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.770 Warranty requirements for acceptance of final improvements.

(1) After satisfactory completion of roadway improvements, including streets, curbs, gutters and sidewalks, and storm water drainage improvements, and after satisfactory completion of on-site retention facilities, if any, the developer shall provide the city with security for maintenance in accordance with the provisions of Chapter 22G.040 MMC. The warranty period for the security for maintenance shall be a minimum of two years.

(2) For the purpose of this title, final approval shall not be given until such time as all of the required improvements have been satisfactorily installed in accordance with the requirements of preliminary approval or security for performance and security for maintenance have been provided and accepted by the city. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.780 Survey requirement.

(1) A survey for division and redivision must be conducted by or under the supervision of a licensed land surveyor registered in the state of Washington. The surveyor shall certify on the plat or short plat that it is a true and correct representation of the lands actually surveyed and the survey was done in accordance with city and state law.

(2) In all subdivisions and short subdivisions, lot corner monuments must be set before final approval can be granted.

(3) In all subdivisions and short subdivisions, perimeter monuments must be set before final approval can be granted.

(4) In all subdivisions and short subdivisions, control monuments must be set before final acceptance of public improvements. Performance guarantees must include the installation of all control monuments. Control monuments must be installed per city design and construction standards.

(5) In all subdivisions and short subdivisions where final approval is to be granted by the acceptance of a performance guarantee, lot corner and perimeter monuments must be set. The performance guarantee must include the resetting of any monument that has been lost during construction of public improvements. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.790 Dedication – Statutory warrant 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. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.800 Divisions of land adjacent to small farms overlay zone.

For all proposed divisions or redivisions of land which are located adjacent to a small farm that has been in existence for at least two years preceding the application for new development, a six-foot-high, sight-obscuring chain-link fence shall be required along the property line, unless the developer demonstrates by clear and convincing evidence that a different barrier would be as adequate to protect the small farm. The following alternative methods of sight-obscuring screening may be utilized, but shall not be limited to (the applicant shall demonstrate to the community development department that the screening method proposed provides the greatest amount of protection relative to the type of adjacent agricultural use):

(1) Protected sensitive areas and their related buffers may be utilized, if directly adjacent to the small farms overlay zone; or

(2) An existing vegetative buffer which provides adequate screening and separation between the small farm use and the proposed subdivision. (Ord. 2852 § 10 (Exh. A), 2011).

Article VI. Tax Segregated Lots

22G.090.810 Subdivision requirements.

(1) Tax lots created through the tax segregation process, Chapter 84.56 RCW, are not recognized as lots for the purpose of the city subdivision ordinance and zoning code unless they have been formally divided pursuant to the requirements of Chapter 58.17 RCW and applicable city ordinance. If the lots have not been formally divided pursuant to the requirements of Chapter 58.17 RCW and applicable city ordinances, then they must be subdivided or short subdivided in accordance with the requirements of this title; provided, however, lots which have been created solely through the tax segregation process shall not be required to be divided in accordance with the requirements of Chapter 58.17 RCW and this title if they meet the following requirements:

(a) The lots were created by the tax segregation process defined in Chapter 84.56 RCW prior to August 10, 1969; and the lots meet all zoning regulations in effect at the time they were created;

(b) In the event the subject property has been annexed into the city, the property must meet county zoning regulations as of the time of annexation.

(2) If a tax segregated lot was created prior to August 10, 1969, and does not meet the zoning requirements set forth in subsection (1)(a) of this section, an application for a variance as set forth in MMC 22G.090.820 may be made to the hearing examiner. When considering the variance, the hearing examiner may consider as an “exceptional circumstance or condition” for purposes of MMC 22G.090.820(5)(a), when appropriate for the subject property, whether building permit(s) were issued by the city and whether the information provided by the applicant when applying for said building permit(s) was complete and accurate. In granting a modification/variance the hearing examiner may impose, as a condition of approval, any conditions which the hearing examiner determines to be necessary for the health, safety and welfare of the general public. (Ord. 2852 § 10 (Exh. A), 2011).

Article VII. Modifications and Variances

22G.090.820 Modifications and variances.

(1) Applications for variances are limited to the following sections of this title: MMC 22G.090.550, 22G.090.600(6), 22G.090.670 and 22G.090.810. Variances are not permitted from other sections of this title.

(2) For subdivisions and short subdivisions, a request for a variance of more than 10 percent shall be considered by the hearing examiner. The application shall be submitted with the subdivision or short subdivision application.

(3) For subdivisions and short subdivisions, a request for a variance of less than or equal to 10 percent shall be considered by the community development director. The application shall be submitted with the subdivision or short subdivision application.

(4) All variances to new lots created under this subdivision code relating to MMC 22G.090.550 and 22G.090.670 shall be heard by the hearing examiner or community development director per subsections (2) and (3) of this section. The hearing examiner shall hear requests for variances made pursuant to MMC 22G.090.600(6) and 22G.090.810.

(5) In order for the community development director or hearing examiner to grant a variance, he or she must find that all of the following conditions have been met:

(a) There are exceptional circumstances or conditions such as: location of existing structures, lot configuration, or topographic or unique physical features that apply to the subject property which prohibit the applicant from meeting the standards of this title;

(b) The authorization of the variance will not be detrimental to the public welfare or injurious to the property in the vicinity or zone in which the property is located; and

(c) A hardship would be incurred by the applicant if required to comply with the strict application of the section or sections identified in subsection (1) of this section.

(6) The filing of an application with the city requesting a variance shall stay the running of the time period for preliminary subdivision and short subdivision approval as is set forth in Article II of this chapter, Preliminary Subdivision Review, and Article IV of this chapter, Short Subdivision Review. (Ord. 2852 § 10 (Exh. A), 2011).

Article VIII. Appeals

22G.090.830 Preliminary subdivision – Appeals of hearing examiner decisions.

All decisions rendered by the hearing examiner on preliminary subdivisions shall be appealed pursuant to the provisions of Chapter 22G.010 MMC, Article VIII, Appeals. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.840 Short subdivisions – Appeals to hearing examiner.

(1) All appeals of decisions relating to short subdivisions shall be made to the hearing examiner. Such appeals must be made in writing and filed with the office of the hearing examiner within 14 calendar days from the date on which the preliminary decision was rendered.

(2) The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the hearing examiner shall be final with a right of appeal to superior court as provided in MMC 22G.010.560.

(3) Standing to appeal to the hearing examiner is limited to the following:

(a) The applicant or owner of the property on which the short subdivision is proposed;

(b) Any aggrieved person who will thereby suffer a direct and substantial impact from the proposed short subdivision; and

(c) RCW 58.17.180 grants standing to property owners within 300 feet of the subject property. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.850 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. (Ord. 2852 § 10 (Exh. A), 2011).

Article IX. Enforcement and Penalties

22G.090.860 Delegation of responsibilities.

Whenever the terms of this title specifically authorize the community development director or the city engineer to perform specific acts, the community development director and city engineer are authorized to delegate those specific responsibilities to members of their respective staffs. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.870 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. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.880 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 of Chapter 58.17 RCW or this title. All purchases or transfers of property shall comply with the provisions of Chapter 58.17 RCW and this title, and each purchaser, transferee or other legal entity may recover his damages from any person, firm, corporation or agent selling or transferring land in violation of Chapter 58.17 RCW or this title, including any amount reasonably spent as a result of an inability to obtain any development permit and spent to conform to the requirements of Chapter 58.17 RCW and this title as well as the cost of investigation, suit and reasonable attorneys’ fees. A purchaser, transferee or other legal entity may, as an alternative to conforming the property to these requirements, rescind the sale or transfer and recover the cost of investigation, suit and reasonable attorneys’ fees. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.890 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 provisions of this title. Should any division or redivision of land be filed without such certification, as set forth in Article III of this chapter, Final Subdivision Review, and Article IV of this chapter, Short Subdivision Review, the city attorney may apply for a writ of mandamus on behalf of the city directing the auditor to remove the unapproved subdivision from the auditor’s files. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.900 Violation – Injunctive action.

Any violation of the provisions of this title constitutes a public nuisance per se which the city can abate by action in Snohomish County superior court. All costs of such action, including attorneys’ fees, shall be taxed against the violator. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.910 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 deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat or short plat is recorded. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.920 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. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.930 Rules and regulations.

The city’s community development director is authorized to promulgate rules and regulations which are consistent with the terms of this title. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.940 Severability.

If any provision of this chapter shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that this chapter would have been enacted without the provision so held unconstitutional or invalid, and the remainder of this chapter shall not be affected as a result of said part being held unconstitutional or invalid. (Ord. 2852 § 10 (Exh. A), 2011).

22G.090.950 Savings.

Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any ordinance of the city herein repealed, or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of passage of the ordinance codified in this chapter. (Ord. 2852 § 10 (Exh. A), 2011).