The following activities shall be exempt from the provisions of this chapter provided they are conducted using best management practices:
(1) 
Existing and ongoing agricultural activities, as defined in Chapter 22A.020 MMC, and any lands designated long-term commercially significant agricultural lands;
(2) 
Maintenance, operation and reconstruction of existing roads, streets, utilities and associated structures; provided, that reconstruction of any structures may not increase the impervious area;
(3) 
Normal maintenance, repair and reconstruction of residential or commercial structures; provided, that reconstruction of any structures may not increase the previous floor area;
(4) 
Site investigative work and studies necessary for preparing land use applications, including soils tests, water quality studies, wildlife studies and similar tests and investigations; provided, that any disturbance of critical areas shall be the minimum necessary to carry out the work or studies;
(5) 
Educational activities, scientific research, and outdoor recreational activities that will not have a significant effect on the habitat area;
(6) 
Public agency emergency activities necessary to prevent an immediate threat to public health, safety or property;
(7) 
Prior to the effective date of the ordinance codified in this chapter, any of the following activities that have met all conditions of approval in a timely manner and are consistent with the reasonable use provisions of this chapter:
(a) 
Complete applications as defined by the appropriate ordinance or by city policy;
(b) 
Approved plats; and
(c) 
Development of legally created lots which have been recorded with Snohomish County, provided they were reviewed and approved under Ordinance No. 1928, "Sensitive Areas," adopted December 14, 1992, or as amended at the time of final plat approval; and
(8) 
Minor activities not mentioned above and determined by the community development department to pose minimal risk to the public health, safety, general welfare and critical area functions.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
Preapplication Conference. All applicants are encouraged to meet with the community development director of the city of Marysville or his or her representative prior to submitting an application subject to these regulations. The purpose of this meeting shall be to discuss the city of Marysville's critical areas requirements, process and procedures; to review any conceptual site plans prepared by the applicant; to discuss appropriate investigative techniques and methodology; to identify potential impacts and mitigation measures; and to familiarize the applicant with state and federal programs, particularly those pertaining to wetlands. Such conference shall be for the convenience of the applicant and any recommendations shall not be binding on the applicant or the city of Marysville.
(2) 
Application Requirements. The information required by this section should be coordinated with reporting requirements required by this section for any other critical areas located on the site.
(a) 
Prior to the issuance of a SEPA threshold determination for a proposal, a wetland determination, wetland delineation report, or fish and wildlife habitat report must be submitted to the city of Marysville for review upon request of the community development director due to inclusion of a portion or all of a site on the habitat or wetland inventory maps prepared by Snohomish County Tomorrow. The purpose of the report is to determine the extent and function of wetlands, and the extent, type, function and value of wildlife habitat on any site where regulated activities are proposed. The report will also be used by the city of Marysville to determine the appropriate wetland, or the sensitivity and appropriate classification of the habitat, appropriate buffering requirements, and potential impacts of proposed activities;
(b) 
In addition, wetland boundaries must be staked and flagged in the field by a qualified scientific professional employing the Washington State Wetlands Identification and Delineation Manual methodology. Field flagging must be distinguishable from other survey flagging on the site. The field flagging must be accompanied by a wetland delineation report;
(c) 
Applicants for activities within geologic hazard areas shall conduct technical studies to: evaluate the actual presence of geologic conditions giving rise to geologic hazards; determine the appropriate hazard category, according to the classification of potential hazards in these regulations; evaluate the safety and appropriateness of proposed activities; and recommend appropriate construction practices, monitoring programs and other mitigation measures required to ensure achievement of the purpose and intent of these regulations. The format of any required reports shall be determined by the city of Marysville;
(d) 
The report of any critical area shall include the following information:
(i) 
Vicinity map;
(ii) 
A map showing:
(A) 
Site boundary, property lines, and roads;
(B) 
Internal property lines, rights-of-way, easements, etc.;
(C) 
Existing physical features of the site including buildings, fences, and other structures, roads, parking lots, utilities, water bodies, etc.;
(D) 
Contours at the smallest readily available intervals, preferably at five-foot intervals; and
(E) 
For large (50 acres or larger) or complex projects with wetlands or habitat areas, an aerial photo with overlays displaying the site boundaries and wetland delineation or habitat area(s) may be required. Generally, an orthophotograph at a scale of one inch equals 400 feet or greater (such as one inch equals 200 feet) should be used. If an orthophotograph is not available, the center of a small scale (e.g., one inch equals 2,000 feet) aerial photograph enlarged to one inch equals 400 feet may be used;
(iii) 
The report for any critical area must describe:
(A) 
Locational information including legal description and address;
(B) 
All natural and manmade features within 150 feet of the site boundary;
(C) 
General site conditions including topography, acreage, and water bodies or wetlands; and
(D) 
Identification of any areas that have previously been disturbed or degraded by human activity or natural processes;
(e) 
In addition to the general report requirements, a report on wetlands shall include the following information:
(i) 
Delineated wetland boundary;
(ii) 
The wetland boundary must be accurately drawn at an appropriate engineering scale such that information shown is not cramped or illegible. The drawing shall be prepared by a surveyor. Generally, a scale of one foot equals 40 feet or greater (such as one inch equals 20 feet) should be used. Existing features must be distinguished from proposed features;
(iii) 
Site designated on the wetlands areas maps prepared for Snohomish County Tomorrow, July 1991;
(iv) 
Hydrologic mapping showing patterns of water movement into, through, and out of the site area;
(v) 
Location of all test holes and vegetation sample sites, numbered to correspond with flagging in the field and field data sheets;
(vi) 
Field data sheets from the federal manual, numbered to correspond with sample site locations as staked and flagged in the field; and describing:
(vii) 
Specific descriptions of plant communities, soils and hydrology;
(viii) 
A summary of existing wetland function and value; and
(ix) 
A summary of proposed wetland and buffer alterations, impacts, and the need for the alterations as proposed. Potential impacts may include but are not limited to loss of flood storage potential, loss of wildlife habitat, expected decreases in species diversity or quantity, changes in water quality, increases in human intrusion, and impacts on associated wetland or water resources. If alteration of a Category I, II, III, or VI wetland is proposed, a wetland mitigation plan is required according to the standards of MMC § 22E.010.150;
(f) 
In addition to the general report requirements, a report on fish and wildlife habitats shall include the following information. The level of detail contained in the report shall generally reflect the size and complexity of the proposal and the function and value of the habitat. The community development department may require field studies at the applicant's expense in appropriate cases:
(i) 
A map of vegetative cover types, reflecting the general boundaries of different plant communities on the site;
(ii) 
A description of the species typically associated with the cover types, including an identification of any critical wildlife species that might be expected to be found;
(iii) 
The results of searches of DNB's Natural Heritage and WDFW's Nongame Data System databases, if available; and
(iv) 
Additional information on species occurrence available from the city of Marysville or Snohomish County; and describing:
(v) 
The layers, diversity and variety of habitat found on the site;
(vi) 
Identification of edges between habitat types and any species commonly associated with that habitat;
(vii) 
The location of any migration or movement corridors;
(viii) 
A narrative summary of existing habitat functions and values; and
(ix) 
A summary of proposed habitat and buffer alterations, impacts and mitigation. Potential impacts may include but are not limited to clearing of vegetation, fragmentation of wildlife habitat, expected decreases in species diversity or quantity, changes in water quality, increases in human intrusion, and impacts on wetlands or water resources;
(g) 
In addition to the general report requirements, a report on geologic hazards shall include the following information:
(i) 
A characterization of soils, geology and drainage;
(ii) 
A characterization of ground water conditions including the presence of any public or private wells in the immediate vicinity; and
(iii) 
An analysis of proposed clearing, grading and construction activities, including construction scheduling; potential direct and indirect, on-site and off-site impacts from the development; and proposed mitigation measures, including any special construction techniques, monitoring or inspection program, erosion or sedimentation programs (during and after construction), and surface water management controls.
In order to determine the geologic hazard classification project, applicants shall also include in their report to the city of Marysville a description prepared by a qualified scientific professional that reviews the site history and results of a surface reconnaissance. The purpose of these regulations is to require a level of study and analysis commensurate with potential risks associated with geologic hazards on particular sites and for particular proposals.
Depending on the particular geologic hazard, geologic, hydrologic, and topographic studies may be required. The appropriate report(s) and level of analysis shall be determined using the following guidelines:
(A) 
Moderate Landslide Hazard Areas.
1. 
Review site history and available information;
2. 
Conduct a surface reconnaissance of the site and adjacent areas; and
3. 
Conduct subsurface exploration if indicated by subsections (2)(g)(iii)(A)(1) and (2) of this section as determined by the applicant's qualified scientific professional and the city;
(B) 
High Landslide Hazard Areas.
1. 
Review site history and available information;
2. 
Conduct a surface reconnaissance of the site and adjacent areas;
3. 
Conduct subsurface exploration suitable to the site and proposal to assess geohydrologic conditions;
4. 
Recommend surface water management controls during construction and operation;
5. 
Proposed construction scheduling; and
6. 
Recommendations for site monitoring and inspection during construction;
(C) 
Very High Landslide Hazard Areas.
1. 
Development is prohibited in these areas;
(D) 
Moderate and High Erosion Hazard Areas.
1. 
Review site history and available information;
2. 
Conduct a surface reconnaissance of the site and adjacent areas; and
3. 
Identify surface water management, erosion and sediment controls appropriate to the site and proposal;
(E) 
Seismic Hazard Areas.
1. 
For one- and two-story single-family structures, conduct an evaluation of site response and liquefaction potential based on the performance of similar structures under similar foundation conditions; and
2. 
For all other proposals, conduct an evaluation of site response and liquefaction potential including sufficient subsurface exploration to provide a site coefficient (S) for use in the static lateral force procedure described in the International Building Code.
(3) 
Permit Process. This section is not intended to create a separate permit process for development proposals. To the extent possible, the city of Marysville shall consolidate and integrate the review and processing of critical area-related aspects of proposals with other land use and environmental considerations and approvals.
(Ord. 2852 § 10 (Exh. A), 2011)
For the purposes of this chapter, qualified scientific professionals not licensed by the state of Washington for the activities they are to perform in evaluation of critical areas shall be reviewed by and their names appear on an approved list prepared by the city of Marysville.
(1) 
Biannually, the city shall advertise requests for qualifications for qualified scientific professionals for each area established by this chapter: wetlands, fish habitat areas/streams, wildlife habitat areas, and geologic hazard areas. The community development director shall establish a panel to review the firm and individual's qualifications and references. Each qualified scientific professional shall have completed at least a four-year degree program and meet the minimum requirements contained within Chapter 22A.020 MMC, Definitions. The panel shall recommend to the community development director the list of consultants, as selected by the panel, that are qualified to evaluate each type of critical area identified in this chapter. There shall be a minimum of 12 qualified scientific professionals for each of the three categories. The list shall be adopted within 60 days of the adoption of the ordinance codified in this chapter and 60 days of January 1st biannually thereafter.
(2) 
The adopted lists of qualified scientific professionals shall be available at the community development department.
(3) 
Reports meeting the criteria as required by this chapter, submitted by a qualified scientific professional included on the adopted list, should be accepted by the city of Marysville. However, the city retains the right to have a separate review of the reports, and at its discretion may retain a qualified scientific professional at the city's expense to review and confirm the applicant's reports, studies, and plans. Applicants may choose to use other consultants which they feel meet the definition of qualified scientific professionals given; however, the city retains the right to have a separate review of their reports, and at its discretion may retain a qualified scientific professional at the applicant's expense to review and confirm the applicant's reports, studies, and plans.
(Ord. 2852 § 10 (Exh. A), 2011)
All proposed divisions of land which include regulated critical areas shall comply with the following procedures and development standards:
(1) 
New lots shall contain at least one building site, including access, that is suitable for development and is not within the regulated critical area or its associated buffer or setback.
(2) 
A regulated critical area and its associated buffer or setback shall be placed in a separate tract on which development is prohibited, protected by execution of an easement given to the city of Marysville, or dedicated to the city of Marysville at the discretion of the city of Marysville. The location and limitations associated with the critical area and its associated buffer or setback shall be shown on the face of the deed or plat applicable to the property and shall be recorded with the Snohomish County auditor.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
An owner of a residential site or property containing critical areas may be permitted to transfer the density attributable to the critical area and associated buffer area or setback to another noncritical portion of the same site or property, subject to the limitations of this section and other applicable regulations. In the case of streams, only the density attributable to the buffer may be transferred.
(2) 
Up to 100 percent of the density that could be achieved on the critical area and buffer portion of the site, excluding stream channels, can be transferred to the noncritical area portion, subject to:
(a) 
The density limitations of the underlying zone must be applied;
(b) 
Lots in the neighborhood residential zones, and single-family and middle housing in multifamily zones, are permitted to have 50 percent building coverage, 65 percent impervious coverage, a 4,000-square-foot minimum lot size, and a 40-foot lot width to accommodate the transfers in density;
(c) 
The noncritical, nonbuffer portion of the site is not constrained by another environmentally critical area regulated by this code.
(3) 
An on-site density transfer shall meet the requirements and follow the procedures of Chapter 22G.090 MMC, Subdivisions and Short Subdivisions.
(Ord. 2852 § 10 (Exh. A), 2011; Ord. 3352 § 103 (Exh. VVVV), 2025; Ord. 3366 § 100 (Exh. VVVV), 2025)
Wetland fencing and signage adjacent to a regulated wetland or stream corridor shall be required. Two-rail fencing shall be constructed with pressure treated posts and rails and cemented into the ground with either cedar or treated rails. Alternative materials may be used subject to approval by the city. Signs designating the presence of an environmentally sensitive area shall be posted along the buffer boundary. The signs shall be posted at a minimum rate of one every 100 lineal feet.
(Ord. 2852 § 10 (Exh. A), 2011)
Unless otherwise provided, buildings and other structures shall be set back a distance of 15 feet from the edges of all critical area buffers or from the edges of all critical areas, if no buffers are required. The following may be allowed in the building setback area:
(1) 
Landscaping;
(2) 
Uncovered decks;
(3) 
Building overhangs, if such overhangs do not extend more than 18 inches into the setback area; and
(4) 
Impervious ground surfaces, such as driveways and patios; provided, that such improvements may be subject to water quality regulations as adopted.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
Interpretation and Conflicts. Any question regarding interpretation of these regulations shall be resolved pursuant to the procedures set forth in Chapter 22G.060 MMC, relating to the hearing examiner.
(2) 
Appeals from Permit Decisions. Appeals from permit decisions shall be governed by the procedures set forth in Chapter 22G.060 MMC, relating to the hearing examiner.
(Ord. 2852 § 10 (Exh. A), 2011)
Penalty and enforcement provided in this section shall not be deemed exclusive, and the city may pursue any remedy or relief it deems appropriate.
(1) 
Any person, firm, corporation, or association or any agent thereof who violates any of the provisions of this chapter shall be punishable as set forth in MMC § 4.02.040(3)(g). It shall be a separate offense for each and every day or portion thereof during which any violation of any provisions of this chapter is committed.
(2) 
Any person, firm, corporation, or association or any agent thereof who violates any of the provisions of this chapter shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to an equivalent or improved condition prior to the violation occurring. If an equivalent condition cannot be provided, the violator shall be subject to a fine in an amount equal to the value of the damage to the environmentally critical area, determined using best available methods of calculating the value of vegetation, land, and water resources.
(3) 
Restoration shall include, but not be limited to, the replacement of all improperly removed groundcover with species similar to those which were removed or other approved species such that the biological and habitat values will be replaced, improper fill removed, and slope stabilized. Studies by the qualified experts shall be submitted to determine the conditions which were likely to exist on the lot prior to the illegal alteration.
(4) 
Restoration shall also include installation and maintenance of interim and emergency erosion control measures until such time as the restored groundcover and vegetation reach sufficient maturation to function in compliance with the performance standards adopted by the city.
(5) 
The city shall stop work on any existing permits and halt the issuance of any or all future permits or approvals for any activity which violates the provisions of this chapter until the property is fully restored in compliance with this chapter and all penalties are paid.
(6) 
Notwithstanding the other provisions provided in this chapter, anything done contrary to the provisions of this chapter or the failure to comply with the provisions of this chapter shall be and the same is hereby declared to be a public nuisance.
The city is authorized to apply to any court of competent jurisdiction, for any such court, upon hearing and for cause shown, may grant a preliminary, temporary or permanent injunction restraining any person, firm, and/or corporation from violating any of the provisions of this chapter and compelling compliance with the provisions thereof. The violator shall comply with the injunction and pay all cost incurred by the city in seeking the injunction.
(Ord. 2852 § 10 (Exh. A), 2011; Ord. 2951 § 13, 2014)
(1) 
The standards and regulations of this section are not intended, and shall not be construed or applied in a manner, to deny all reasonable economic use of private property. If an applicant demonstrates to the satisfaction of the city of Marysville that strict application of these standards and the utilization of cluster techniques, planned unit development, and transfer of development rights would deny all reasonable economic use of its property, development may be permitted subject to appropriate conditions, derived from this chapter, as determined by the community development director.
(2) 
An applicant for relief from strict application of these standards shall demonstrate the following:
(a) 
That no reasonable use with less impact on the critical area and buffer or setback is feasible and reasonable; and
(b) 
That there is no feasible and reasonable on-site alternative to the activities proposed, considering possible changes in site layout, reductions in density and similar factors; and
(c) 
That the proposed activities, as conditioned, will result in the minimum possible impacts to critical area and buffer or setback; and
(d) 
That all reasonable mitigation measures have been implemented or assured; and
(e) 
That all provisions of the city's regulations allowing density transfer on-site and off-site have been considered; and
(f) 
That the inability to derive reasonable economic use is not the result of the applicant's actions.
(Ord. 2852 § 10 (Exh. A), 2011)
(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 benefited 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 be a reason or 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. 2852 § 10 (Exh. A), 2011)