The latest edition of the city of Marysville engineering design and development standards is hereby adopted by reference and is hereinafter referred to as the "city standards." The city standards by this reference are made a part of this chapter as though fully set forth herein.
(Ord. 2292 § 1, 1999)
A copy of the city standards are on file with the city clerk and the city engineer and may be inspected by interested parties during regular business office hours in the city clerk's office.
(Ord. 2292 § 1, 1999)
(1) 
All lines installed in existing or new city streets shall have the location designated by the city engineer.
(2) 
All "asbestos cement" and/or plastic pipes crossing city streets must be encased in a steel pipe of larger diameter.
(3) 
No open cut crossing of city streets or alleys shall be made without the approval of the city engineer.
(4) 
Existing drainage ditches, culverts, etc., shall be kept clean and protected from impacts that may jeopardize their function at all times. Temporary diversion of any drainage system will not be permitted without the consent of the city engineer. Any drainage culvert tile, catch basins, manholes, bioretention facility, pervious pavement, etc., disturbed by excavation or other construction activities shall be replaced with new materials or repaired as directed by the city engineer.
(5) 
If in the opinion of the city engineer the weather is such that by a particular contract renders the traveled roadways unsafe for public passage then, upon his orders, excavation shall cease immediately and restoration and cleanup promptly accomplished.
(6) 
The maximum amount of open trench on city streets shall be 400 lineal feet.
(7) 
All construction material stored along city rights-of-way must meet minimum clear zone distances from the traveled roadway and stored in such a manner as to avoid accidental movement.
(8) 
Final cleanup, including complete restoration of shoulders; cleaning of ditches, culverts and catch basins; and removal of loose material from back slope of ditches, shall not exceed 800 lineal feet behind excavating operation.
(9) 
No excess material or unsuitable material shall be left on city rights-of-way without the express consent of the city engineer.
(10) 
No backfill shall be placed without approval by city engineer.
(Ord. 2292 § 1, 1999; Ord. 2694 § 1, 2007)
All work to be performed in the city streets shall be inspected by an inspector retained by the city. The cost of inspection, as set forth in MMC § 14.07.005 or § 14.07.005A, shall he paid by the permittee prior to acceptance by city and prior to issuance of further permits. This section does not apply to public works projects under contract with the city.
(Ord. 2292 § 1, 1999)
All driveways, paving, curbing, fencing, tiling of ditches or any other type of work within the city rights-of-way will not be allowed without first obtaining a right-of-way use permit for such work from the street department. Applicable fees and costs for these permits are set forth in MMC § 14.07.005 or § 14.07.005A.
(Ord. 2292 § 1, 1999)
All utility installers, contractors or others shall notify the street department of the need for removing any sign on a city right-of-way. The notice shall be given 24 hours in advance of such removal. The street department shall remove the sign, and replace it again at no charge.
If a sign is removed by anyone other than the street department, a charge will be made for the work involved in replacing the sign and for the cost of the sign itself, as set forth in MMC § 14.07.005 or § 14.07.005A. In addition, unauthorized removal of signs shall be subject to the penalties provided for in applicable ordinances.
(Ord. 2292 § 1, 1999)
In the event the city determines that public utility poles or lines must be relocated or removed in connection with a public works project for improvement of streets, sidewalks or utilities, the city shall give the utility companies owning or controlling said poles and lines 60 days' written notice requiring relocation or removal of the same. If any utility company fails or refuses to remove or relocate the poles or lines as required by the notice within 60 days of the date thereof, a penalty assessment shall commence accruing against each such utility company at the rate of $100.00 per day. Payment of said assessment, in full, shall be a condition of the continuation of said utility company's franchise with the city of Marysville. The Marysville police court shall have jurisdiction over any civil action commenced for the collection of delinquent assessments.
(Ord. 2292 § 1, 1999)
All construction crossing a sidewalk or adjacent to a sidewalk that constitutes a hazard to the pedestrian using the sidewalk shall include a temporary pedestrian crossing or by-pass. The street superintendent shall determine when and where the temporary pedestrian crossing shall be used.
In cases where falling objects are expected to be encountered, a completely enclosed crossing shall be constructed. The contractor shall submit to the street superintendent, for his approval, detailed drawings of the enclosed structure.
(Ord. 2292 § 1, 1999)
(1) 
The term "frontage improvements" as used in this section shall refer to the construction, reconstruction or repair of the following facilities along the full abutting public street frontage of property being developed:
(a) 
Curbs, gutters and sidewalks;
(b) 
Storm drainage facilities including LID facilities and/or underground facilities;
(c) 
Patching the street from its preexisting edge to the new curb line;
(d) 
Overlayment of the existing public street to its centerline;
(e) 
Construction of new streets within dedicated, unopened right-of-way.
All such frontage improvements shall be constructed to city specifications.
(2) 
Property owners shall be required to construct frontage improvements along the full abutting public street frontage of property which is developed as provided in subsection (3) of this section; provided, that overlayment of an existing public street to its centerline shall not be required for single-family or middle housing development generating two p.m. peak hour trips or less for the project.
(3) 
Frontage improvements shall be constructed as follows:
(a) 
Formal plats: frontage improvements shall be completed prior to recording the final plat, or may be bonded pursuant to the provisions of Chapter 22G.090 MMC;
(b) 
Short plats: frontage improvements shall be completed prior to recording the final short plat, or may be bonded pursuant to the provisions of Chapter 22G.090 MMC;
(c) 
Unit lot subdivisions: frontage improvements shall be completed prior to recording the final unit lot subdivision, or may be bonded pursuant to the provisions of Chapter 22G.090 MMC;
(d) 
Construction of a townhouse, multifamily dwelling unit, business, commercial or industrial building: frontage improvements shall be completed prior to occupancy of the building;
(e) 
Construction of a single-family residence, middle housing unit as defined in MMC § 22A.020.140, or other residential unit that results in one or more p.m. peak hour trip(s), or alterations to a single-family residence, middle housing unit, or residential property to include additional unit(s) that result in one or more p.m. peak hour trips: frontage improvements shall be completed prior to occupancy of the structure, provided the following exceptions apply:
(i) 
An existing lot in an existing residential subdivision, short plat, or binding site plan where the lots are fully developed and frontage improvements were constructed to the standard in effect at the time of final plat recording;
(ii) 
An existing lot (greater than one acre) where there are no frontage improvements meeting city standards constructed within 200 feet of the lot or identified through approved plats, and development potential exists for future development. At the discretion of the public works director or designee, frontage improvements may be reduced or deferred until the entire parcel is developed; or
(iii) 
Replacement of an existing single-family residence or middle housing unit, where there are no frontage improvements constructed within 200 feet of the lot. Frontage improvements may be waived, providing construction of the new dwelling unit is completed within 12 months of the demolition of the existing unit;
(iv) 
The granting of an exception to construct frontage improvements as outlined in subsections (3)(e)(i) through (3)(e)(iii) does not waive the property owner's requirement to dedicate right-of-way as established in MMC § 12.02A.110;
(f) 
Construction of any additions, alterations or repairs to a business, commercial or industrial building that result in an increase in pedestrian or vehicular traffic within any 12-month period: frontage improvements shall be completed prior to occupancy;
(g) 
Development of a project requiring a binding site plan: frontage improvements shall be completed prior to occupancy;
(h) 
Development of a new mobile/manufactured home park, or an enlargement or an increase in density to an existing mobile/manufactured home park: frontage improvements shall be completed prior to occupancy;
(i) 
Any change in the occupancy classification of an existing building or structure on the property that results in an increase in pedestrian and/or vehicular traffic within any 12-month period: frontage improvements shall be completed prior to occupancy.
(4) 
The public works director or designee shall have authority to grant administrative variances from any of the requirements of this section pursuant to MMC § 12.02A.120. Such variances shall be conditioned upon the property owner signing a contract providing for the construction of the frontage improvements at a future time. Said contract shall include, but not be limited to, the making of a cash deposit with the city in an amount equal to the estimate of the city engineer of the cost of said improvements, including design cost, plus an administrative overhead fee of 15 percent. No other form of payment or security shall be authorized. In the event the frontage improvements are not constructed by the property owner within five years of the grant of a variance, the cash deposit shall be forfeited to the city. If said frontage improvements are constructed by the property owner at the request of the city within five years of the grant of a variance, said cash deposit shall be refunded to the property owner less the 15 percent overhead fee. Said contract shall be subject to the approval of the city attorney and shall contain such other provisions as are necessary to effectuate the future construction of such frontage improvements. The refusal of a property owner to enter into such agreement or to post a cash amount as specified herein shall be a basis to deny a variance request and shall require the construction of such frontage improvements in accordance with subsections (1) through (4) of this section.
The council authorizes the mayor to review, execute and sign contracts for deferred construction of curbs, gutters and sidewalks pursuant to this chapter.
Any party aggrieved by a decision of the public works director or designee may appeal the decision pursuant to MMC § 12.02A.120(4).
(Ord. 2292 § 1, 1999; Ord. 2539 § 1, 2004; Ord. 2547 § 1, 2004; Ord. 2694 § 1, 2007; Ord. 2724 § 1, 2007; Ord. 2920 § 1, 2013; Ord. 3035 § 1 (Exh. A), 2016; Ord. 3157 § 1, 2020; Ord. 3352 § 5 (Exh. B), 2025; Ord. 3366 § 2 (Exh. B), 2025)
No development permits or short plats shall be issued or approved by the city for any lot, parcel or tract which does not comply with the following minimum access requirements:
(1) 
The front-yard line or a side-yard line must abut immediately upon and provide direct access to one of the following:
(a) 
An open, constructed and maintained public road; or
(b) 
A private road in an approved formal plat.
(2) 
If one or more lots are built upon a unit of property under one ownership, they shall, for the purpose of this title, be considered as a single lot; provided, that internal private access roads or driveways serving two or more dwelling units located on a single lot shall not exceed 600 feet in length, and shall have a minimum right-of-way width of 20 feet.
(3) 
Each and every lot having access to a private road shall have responsibility for maintenance of such private road and associated storm water drainage facilities unless specifically designated for maintenance by the city.
(4) 
Any private roads established under this section shall contain a utilities easement approved by the city.
(Ord. 2292 § 1, 1999; Ord. 2694 § 1, 2007; Ord. 3035 § 1 (Exh. A), 2016)
(1) 
It shall be required that a property owner dedicate to the city sufficient property to widen all abutting public rights-of-way to the full width as measured from the right-of-way centerline, so as to conform to the applicable city standards. Such dedication shall be at no cost to the city in all of the following cases:
(a) 
Such dedication shall be required as a condition of approval of a final plat.
(b) 
Such dedication shall be required as a condition of approval of a short plat.
(c) 
Such dedication shall be required as a condition of approval of a binding site plan for a mobile home park, condominium, planned unit development, shopping center or industrial park.
(d) 
Such dedication may be required as a condition of approval of any rezone, conditional use permit or building permit, when the city finds that the proposed development will adversely affect pedestrian or vehicular traffic and finds that such dedication is necessary to protect against, and is roughly proportional to, such adverse effects.
(2) 
The dimensions of required yards and the dimensions of setbacks for buildings and other structures, as specified in MMC Title 22C, shall be measured from the ultimate design width of abutting public rights-of-way according to the applicable road standard specified by the city engineer. This requirement shall apply to all development permits regardless of whether the property owner has dedicated rights-of-way to the city pursuant to subsection (1) of this section.
(Ord. 2292 § 1, 1999; Ord. 2724 § 1, 2007)
(1) 
Variances from the requirements of this chapter may be granted for good cause by the public works director or designee, only if the applicant demonstrates all of the following in writing:
(a) 
Special conditions and circumstances exist which are peculiar to the land such as size, shape, topography or location, not applicable to other lands in the same neighborhood, and that literal interpretation of the provisions of the standards would deprive the property owner of rights commonly enjoyed by other properties similarly situated in the same neighborhood;
(b) 
Special conditions and circumstances do not result from the actions of the applicant, and are not self-imposed hardships;
(c) 
Granting of the variance requested will not confer a special privilege to the subject property that is denied other lands in the same neighborhood;
(d) 
Granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the subject property is situated;
(e) 
Granting of the variance requested will be in harmony with the general purpose and intent of the city standards;
(f) 
The purpose of the variance is not merely to permit the subject property to be utilized more profitably by the owner or to economize on the cost of improving the property;
(g) 
Granting of the variance will not be detrimental to public safety or capacity of roadway network.
(2) 
In granting any variance the city may prescribe appropriate conditions and safeguards that will ensure that the purpose and intent of the city standards will not be violated.
(3) 
The decision of the public works director or designee concerning a request for a variance shall be made in writing. The variance may be approved, approved with conditions, or denied. All decisions shall be accompanied by written findings relating to variance criteria. The decision on the variance request shall be final on the date issued.
(4) 
The decision of the public works director or designee may be appealed to the hearing examiner per the requirements of Chapter 22G.010 MMC, Article VIII.
(Ord. 2292 § 1, 1999)
The department is authorized to require all persons constructing a facilities within city rights-of-way to post surety or cash bonds. Where such persons have previously posted, or are required to post, other such bonds on the facility itself or on other construction related to the facility, such person may, with the permission of the public works director or designee, and to the extent allowable by law, combine all such bonds into a single bond; provided, that at no time shall the amount thus bonded be less than the total amount which would have been required in the form of separate bonds; arid provided further, that such a bond shall on its face clearly delineate those separate bonds which it is intended to replace.
(1) 
Construction Bond. Prior to commencing construction, the person constructing the facility shall post a construction bond in an amount sufficient to cover 140 percent of the cost of performing said construction per the approved plans. Alternatively, an equivalent cash deposit to an escrow account administered by a local account bank may be allowed at the city's option.
(2) 
Maintenance Bond. After satisfactory completion of the facilities and release of the construction bond by the city, the person constructing the facility shall commence a two-year period of satisfactory maintenance of the facility. A cash bond to be used at the discretion of the city, to correct deficiencies in said maintenance affecting public health, safety and welfare, must be posted and maintained throughout the two-year maintenance period. The amount of the cash bond shall be determined by the public works director or designee. In addition, at the discretion of the city, a surety bond or cash bond to cover the cost of design defects or failures in workmanship shall also be posted and maintained through the two-year maintenance period. Alternatively, an equivalent cash deposit to an escrow account administered by a local account bank may be allowed, at the city's option.
(3) 
Liability Policy. The person constructing the facility shall maintain a liability policy in an amount to be determined by the city which shall name the city of Marysville as an additional insured and which shall protect the city from any liability for any accident, negligence, failure of the facility, or any other liability whatsoever, relating to the construction or maintenance of the facility. The liability policy shall be maintained for the duration of the facility by the owner of the facility; provided, that in the case of facilities assumed by the city for maintenance, the liability policy shall be terminated when the city maintenance responsibility commences.
(Ord. 2292 § 1, 1999)
(1) 
It is the purpose of this chapter to provide for the health, welfare, and safety of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter. No provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, agents, or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
(2) 
Nothing contained in this chapter is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city or its officers, agents, and employees for any injury or damage resulting from the failure of any premises to abate a nuisance or to comply with the provisions of this chapter or by reason or as a consequence of any inspection, notice, or order, in connection with the implementation or enforcement of this chapter, or by reason of any action of the city related in any manner to enforcement of this chapter by its officers, agents, or employees.
(Ord. 2292 § 1, 1999)
If any section, subsection, sentence, clause, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this chapter.
(Ord. 2292 § 1, 1999)