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)
(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)
(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)
(1) 
If the preliminary short subdivision application meets all the requirements specified in MMC § 22G.090.330, 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 short subdivision application to relevant city departments and affected agencies. The Washington State Department of Transportation shall be routed the application if the short subdivision application is located adjacent to state highway right-of-way. The department or agency shall review the preliminary short subdivision and furnish the community development department with a report as to the effect the proposed short 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 short subdivision.
(2) 
Notice of the development application and a comment period shall be provided in accordance with MMC § 22G.010.090.
(Ord. 2852 § 10 (Exh. A), 2011; Ord. 3256 § 17 (Exh. Q), 2023)
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)
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)
(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)
(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. 2852 § 10 (Exh. A), 2011; Ord. 2894 § 4, 2012; Ord. 2981 § 40, 2015; Ord. 3032 § 2, 2016)
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)
The final short plat map shall have 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 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) 
Address for each lot as provided by the city;
(6) 
Reference to private covenants or special plat restrictions, either to be filed separately or on the face of the plat;
(7) 
Zoning setback lines, building sites when required by the city;
(8) 
Existing structures, all setbacks, and all encroachments;
(9) 
Location, dimensions and purpose of any easements;
(10) 
Location and description of monuments and 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) 
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. 2852 § 10 (Exh. A), 2011; Ord. 3075 § 5, 2017; Ord. 3329 § 2 (Exh. B), 2024)
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)
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)
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)
(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. 2852 § 10 (Exh. A), 2011; Ord. 3075 § 6, 2017)
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 will also furnish the city with an electronic copy of the recorded short subdivision.
(Ord. 2852 § 10 (Exh. A), 2011; Ord. 3210 § 3, 2022)
(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)