(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)
(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)
If the application meets all the requirements specified in MMC § 22G.090.070, then the application shall be deemed complete in accordance with MMC § 22G.010.150, and the community development department shall circulate copies of the preliminary subdivision application to relevant city departments and affected agencies. The Washington State Department of Transportation shall be routed the application if the subdivision is located adjacent to state highway right-of-way. 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, and the public health, safety and general welfare. The reports shall include recommendations as to the extent and types of improvements to be provided, and a recommendation as to the approval of the subdivision.
(Ord. 2852 § 10 (Exh. A), 2011; Ord. 3256 § 14 (Exh. N), 2023)
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)
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)
(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)
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. 2852 § 10 (Exh. A), 2011; Ord. 3075 § 1, 2017)
(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. 2981 § 37, 2015; Ord. 3032 § 1, 2016)
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)