(1) 
The provisions of this section shall apply to any activity that occurs in, on or within 300 feet of (as indicated on the geologic hazard maps), or potentially affects, a geologic hazard area subject to this chapter unless otherwise exempt. These activities may include, but are not limited to, the following:
(a) 
Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter or materials of any kind;
(b) 
Dumping, discharging or filling with any material;
(c) 
Driving pilings or placing obstructions;
(d) 
Constructing, reconstructing, demolishing or altering the size of any structure or infrastructure;
(e) 
Construction of any on-site sewage disposal system, or other underground facilities, except exempted activities;
(f) 
Draining, flooding, or disturbing the water level or water table, or changing the flow of water through the site;
(g) 
Destroying or altering vegetation through clearing or harvesting; and
(h) 
Any other activity potentially affecting a geologic hazard area or its setback not otherwise exempt from the provisions of this section.
(2) 
To avoid duplication, the following permits and approvals shall be subject to and coordinated with the requirements of this section: clearing and grading; subdivision or short subdivision; building permit; planned unit development; shoreline substantial development; variance; conditional use permit; other permits leading to the development or alteration of land; and rezones.
(Ord. 2852 § 10 (Exh. A), 2011)
The approximate location and extent of geologic hazard areas within the city of Marysville's planning area are shown on the critical areas maps adopted as part of this chapter. These maps should be used as a general guide only for the assistance of property owners and as information for the public. They are intended to indicate where potentially hazardous conditions are believed to exist. Boundaries are generalized; field investigation and analysis by a qualified scientific professional is required to confirm the actual presence or absence of a critical area. In the event of any conflict between the location, designation or classification of geologic hazard area shown on the city of Marysville's geologic hazard areas maps and criteria or standards of this chapter, the criteria and standards resulting from the field investigation shall prevail.
(Ord. 2852 § 10 (Exh. A), 2011; Ord. 2989 § 1, 2015)
(1) 
The city of Marysville may approve, condition or deny proposals as appropriate based on the degree to which significant risks posed by critical hazard areas to public and private property and to public health safety can be mitigated. The objective of mitigation measures shall be to render a site containing a critical geologic hazard site as safe as one not containing such hazard or to develop a structure that will tolerate the hazard. Enforceable guarantees shall be required where appropriate. Conditions may include limitations of proposed uses, modification of density, alteration of site layout and other appropriate changes to the proposal. Where potential impacts cannot be effectively mitigated, or where the risk to public health, safety and welfare, public or private property, or important natural resources is significant notwithstanding mitigation, the proposal shall be denied.
(2) 
Assurances required of the applicant and the qualified scientific professional for geologic hazard areas may at the discretion of the community development director include:
(a) 
A letter from the geotechnical engineer or geologist who prepared the required studies stating that the risk of damage from the proposal, both on-site and off-site, is minimal subject to the conditions set forth in the report, that the proposal will not increase the risk of occurrence of the geologic hazard, and that measures to eliminate or reduce risks have been incorporated into its recommendations; or
(b) 
A letter from the applicant, or the owner of the property if not the applicant, stating its understanding and acceptance of any risk of injury or damage associated with development of the site and agreeing to notify any future purchasers of the site, portions of the site, or structures located on the site of the geologic hazard; or
(c) 
A legally enforceable agreement, which shall be recorded as a covenant and noted on the face of the deed or plat, and executed in a form satisfactory to the city of Marysville, acknowledging that the site is located in a geologic hazard area; the risks associated with development of such site; and a waiver and release of any and all claims of the owner(s), their directors, employees, successors or assigns against the city of Marysville for any loss, damage or injury, whether direct or indirect, arising out of issuance of development permits for the proposal.
(3) 
When alteration of a geologic hazard area is approved, the city of Marysville at the discretion of the community development director and/or city engineer may require security for performance or security for maintenance in accordance with the standards of Chapter 22G.040 MMC.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
A setback shall be established per a site specific geological hazard report and/or Chapter 18 of the International Building Code (IBC), or as amended from the edge of any geologic hazard area that is not approved for alteration pursuant to these regulations. The setback shall consist of an undisturbed area of natural vegetation; if the site has previously been disturbed, the setback area shall be revegetated pursuant to an approved planting plan.
(2) 
Required setbacks shall be approved by the community development director and/or city engineer, or his or her representative, and shall reflect the sensitivity of the geologic hazard area and the types and density of uses and activities proposed on or adjacent to the geologic hazard area. Established setbacks shall be measured from the horizontal plane from a vertical line established at the edge of the geologically hazardous area limits (both from top and toe of slope). The community development director or his or her representative shall consider the recommendations contained in any technical report prepared by the applicant's geotechnical engineer. Building and structures shall be set back 10 feet from the edge of the setback.
(a) 
Setbacks for moderate to high landslide areas and moderate to high erosion areas shall be measured as recommended by the geotechnical report for the subject property, or as established in Chapter 18 of the International Building Code (IBC), or as amended, as follows:
Formula:
1. Top of slope: Height of slope (H) divided by 3 plus 40 feet;
2. Toe of slope: Height of slope (H) divided by 2 plus 15 feet.
In the event that a specific setback buffer is not recommended in the geological studies, the setback buffer shall be based upon the standards set forth in Chapter 18 of the International Building Code (IBC), or as amended or as otherwise approved by the director.
(b) 
If the geological study recommends setback buffers that are less than the standard buffers that would result from application of Chapter 18 IBC, the specific rationale and basis for the reduced buffers shall be clearly articulated in the geological assessment.
(c) 
The city may require larger setback buffer widths under any of the following circumstances:
(i) 
The land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse impacts.
(ii) 
The area has a severe risk of slope failure or down slope stormwater drainage impacts.
(iii) 
The increased buffer is necessary to protect public health and safety and welfare based upon findings and recommendations of the geotechnical study.
(Ord. 2852 § 10 (Exh. A), 2011; Ord. 2989 § 2, 2015)
(1) 
The following standards shall be implemented in all proposals occurring in or adjacent to geologic hazard areas:
(a) 
Geotechnical studies shall be prepared to identify and evaluate potential hazards and to formulate mitigation measures;
(b) 
Construction methods will reduce or not adversely affect geologic hazards;
(c) 
Site planning should minimize disruption of existing topography and natural vegetation;
(d) 
Disturbed areas should be replanted as soon as feasible pursuant to a previously approved landscape plan;
(e) 
Unless otherwise permitted as part of an approved alteration, the setback buffers required by this subsection shall be maintained in native vegetation to provide additional soil stability and erosion control. If the buffer area has been cleared, it shall be planted with native vegetation in conjunction with any proposed development activity;
(f) 
Use of retaining walls that allow maintenance of existing natural slope areas is preferred over graded slopes;
(g) 
Setbacks shall be surveyed, staked, and fenced with erosion control and/or clearing limits fencing prior to any construction work, including grading and clearing, that may take place on the site;
(h) 
Temporary erosion and sedimentation controls, pursuant to an approved plan, shall be implemented during construction;
(i) 
A master drainage plan should be prepared for large projects;
(j) 
Undevelopable geologic hazard areas larger than one-half acre should be placed in a separate tract;
(k) 
A monitoring program should be prepared for construction activities permitted in geologic hazard areas;
(l) 
Development shall not increase instability or create a hazard to the site or adjacent properties, or result in a significant increase in sedimentation or erosion;
(m) 
The proposal will not adversely impact other critical areas; and
(n) 
At the discretion of the community development director, peer review of geotechnical reports may be required prior to locating a critical facility within a geologic hazard area.
(2) 
Required setbacks shall not deny all reasonable use of property. A variance from setback width requirements may be granted by the city of Marysville upon a showing:
(a) 
There are special circumstances applicable to the subject property or to the intended use such as shape, topography, location or surroundings that do not apply generally to other properties and which support the granting of a variance from the setback requirements; and
(b) 
Such setback with variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other similarly situated property but which because of special circumstances is denied to the property in question; and
(c) 
The granting of such setback width variance will not be materially detrimental to the public welfare or injurious to the property or improvement.
(Ord. 2852 § 10 (Exh. A), 2011; Ord. 2989 § 3, 2015)