No division or redivision of land shall be approved unless appropriate provisions are made for, but not limited to, the public health, safety and general welfare, relating to open space, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, school facilities and other standards as may be required by this title.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
Reservation or Dedication. If the city concludes in the review of the subdivision or short subdivisions that the dedication or reservation of areas or sites for school facilities, park land, and playgrounds is reasonably necessary and is a direct result of the proposal and is consistent with the capital facilities element of the comprehensive plan, the city may require that such reservation or dedication be provided.
(2) 
Street Right-of-Way Realignment or Widening.
(a) 
If the city concludes that the street right-of-way adjacent to a proposed division of land is inadequate for widening and realignment of the existing street, then the city may require a dedication of necessary right-of-way and improvement of that right-of-way.
(b) 
The city may allow up to 10 percent deviation in minimum lot size in short subdivisions only if the requirement of a dedication of right-of-way on an existing publicly improved street reduces a proposal below the minimum zoning code requirements.
(3) 
Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed subdivision or short subdivision as authorized in Chapter 82.02 RCW and Chapter 22D.010 MMC.
(Ord. 2852 § 10 (Exh. A), 2011)
Information generated through the environmental review process will be used in designing the subdivision and short subdivisions in such a way as to mitigate potential adverse environmental impacts.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
When divisions or redivisions of land are submitted proposing the creation of new lots with existing structures, the existing structures shall comply with all zoning code requirements including, but not limited to, such things as setback requirements, parking requirements and height standards; provided, however, if the structures are legal nonconforming buildings, nothing shall prohibit the division of such land, so long as the division does not increase or intensify the nonconforming nature of the structure.
(2) 
Exception. If the existing structure cannot meet setback requirements and the structure(s) is a legal nonconforming structure, the applicant may then apply for a variance under MMC § 22G.090.820.
(Ord. 2852 § 10 (Exh. A), 2011)
The design and development of subdivisions shall attempt to preserve the topography of the site by selection and location of buildings which fit the natural slope of the land. Proposals to alter geologic hazard areas will be reviewed in accordance with Chapter 22E.010 MMC, Critical Areas Management.
(Ord. 2852 § 10 (Exh. A), 2011)
Landscaping shall be in conformance with Chapter 22C.120 MMC, Landscaping and Screening; provided, that for all new divisions of land, the applicant shall provide a landscape/reforestation plan that will include, but not be limited to, the following:
(1) 
Street trees spaced 40 feet on center. Street trees shall be a minimum of one and one-half inches in caliper and six to eight feet high at the time of planting. Tree species should be selected from the city's recommended street tree listing in the administrative landscape guidelines. Placement of street trees and treatment of the planting strip shall be subject to the street tree standards set forth in the Engineering Design and Development Standards, Section 3-504, Street Trees and Landscaping, and Standard Plan 3-504-001.
(2) 
Significant trees, which include 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, shall be retained as follows:
(a) 
Perimeter landscaped areas that do not constitute a safety hazard shall be retained.
(b) 
At the discretion of the community development director, the applicant shall be required to hire a certified arborist to evaluate trees proposed for retention, including those located within NGPA tracts (specifically along the fringes) or other areas as identified. The arborist shall make a written recommendation to the community development department with regard to the treatment of the treed area. In the event of an immediate hazard, this requirement shall be waived.
(c) 
To provide the best protection for significant trees during the construction stage, the applicant shall install a temporary, five-foot-high, orange clearing limits construction fence in a line generally corresponding to the dripline of any significant tree(s) to be retained. All such fencing shall be installed and inspected by the community development department prior to commencement of site work.
(d) 
At the discretion and approval of the community development director, where it is not feasible and/or desirable to retain the significant trees, the applicant may propose a planting plan on an alternative site or area, or payment into the city tree fund, that provides effective replacement of the functions and/or value lost through removal of the significant trees.
(Ord. 2852 § 10 (Exh. A), 2011)
Prior to preliminary plat or short plat approval, it shall be determined whether a six-foot-high, sight-obscuring fence shall be required along the affected perimeter of new formal residential subdivisions or short subdivisions. A fence shall be required when one or more of the following criteria have been met (unless waived by adjacent property owner):
(1) 
If it is determined during grading plan review that the existing grade will be increased by a two-foot or greater vertical grade change and the grade increase causes the newly created lots to be at a higher elevation than the abutting property. The grade change shall be measured from the affected property line to the foundation wall of the newly constructed dwelling. In the case of formal subdivisions, the fencing issue shall be determined by the hearing examiner at the public hearing for the preliminary plat. The community development director shall be responsible for determining the fencing requirements for short subdivisions. The community development director's decision may be appealed to the hearing examiner, in accordance with Chapter 22G.010 MMC, Article VIII, Appeals.
(2) 
If a newly created lot contains a front yard that directly abuts the rear yard of an adjacent property, and the existing lot contains a dwelling unit that is located within 20 feet of the newly created lot.
(3) 
If a newly constructed plat road (public or private) directly abuts either the side or rear yard of a residentially developed property, and the existing dwelling unit is located within 20 feet of the newly constructed road.
All required fencing shall be constructed prior to final plat and/or short plat approval. Where existing trees and associated vegetation or existing fencing serve the same or similar function on either the subject property or the abutting property, they shall have priority over and may be substituted for the required fencing, provided the following conditions are met:
(a) 
Supplemental landscaping is provided within or adjacent to these areas, as necessary, to accomplish the specific intent of this section.
All required screening shall be reviewed to ensure that access and connectivity between residential developments are not being precluded as a result of these requirements.
(Ord. 2852 § 10 (Exh. A), 2011; Ord. 3352 § 110 (Exh. JJJJJ), 2025; Ord. 3366 § 114 (Exh. JJJJJ), 2025)
Land identified in "The Flood Insurance Study for the City of Marysville" dated September 16, 2005, as amended, with accompanying flood insurance rate maps (FIRM), as amended, shall not be subdivided unless the requirements of floodplain regulations are met.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
Street Standards. All streets shall be built to current city standards and meet minimum requirements as defined in the city of Marysville engineering design and development standards. The minimum requirement for each street classification shall be based on the maximum potential number of dwelling units served by the logical extension of common streets to serve other land.
(2) 
Whenever a division or redivision of land is on an existing public street such frontage shall be improved to current city standards.
(3) 
Local streets shall be laid out to discourage use by through traffic.
(4) 
The use of curvilinear streets and loop access roads shall be encouraged where such use will result in a more desirable layout.
(5) 
Proposed streets shall be extended to the boundary lines of the tract to be subdivided and short subdivided unless prevented by topography or other physical conditions, and in the opinion of the city engineer such extension is not necessary or desirable for the coordination of the layout of the subdivision or short subdivision with the existing road network or master street plan for the city, or the most advantageous future development of adjacent tracts.
(6) 
Right-of-way width in excess of the city standards may be required due to topography or other special circumstances.
(7) 
Access Easement Exception. The city may, at the request of the applicant in a short subdivision, only allow access to lots by easement when in the opinion of the city engineer:
(a) 
The improvement of a public street is not necessary to facilitate adequate supply of water, sewer and utilities;
(b) 
The improvement of a public street is not necessary to provide on-street parking;
(c) 
The improvement of a public street is not necessary to provide access to potential additional lots or future developable area;
(d) 
The improvement of a public street is not necessary to protect the public health, safety and welfare of the residence and general public.
(8) 
The computations for complying with the zoning code minimum lot size shall not include the access easement area.
(9) 
For any easement with public utilities, the city engineer shall determine easement width.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
Pedestrian Access. In order to facilitate pedestrian access from the streets to schools, parks, playgrounds or other nearby streets, the city may require perpetual unobstructed easements. Easements shall be noted on the face of the final plat.
(2) 
When a proposed division or redivision of land is on an established bus route, the applicant may be required to provide a bus shelter. The city engineer shall make this decision as it relates to the potential needs of the development.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
Drainage improvements shall be required as specified in MMC Title 14. Use of low impact development methods to mimic predevelopment hydrologic functions and manage storm water through natural processes is encouraged.
(2) 
Drainage Easements. When a subdivision or short subdivision is traversed by a watercourse, drainageway, channel or stream, the applicant shall provide a drainage easement or drainage right-of-way conforming substantially to the lines of the watercourse or drainageway. The easement or drainage right-of-way shall be maintained in its natural state with proper setback and landscaping as approved by the city.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
Before any site modification where existing natural features would be disturbed or removed, a grading plan must be submitted to the city and approved by the city showing the extent of the proposed modification.
(2) 
Debris, waste, trees, timber, junk, rubbish or other materials of any kind shall not be buried in any land or deposited in any surface water.
(3) 
All erosion control plans must be in compliance with city standards and MMC Title 14.
(4) 
In critical drainage areas no clearing of lots shall be allowed until building permits and/or a grading permit has been issued.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
Lot arrangement shall be related to the natural features of the site and provide a suitable building site and driveway access from existing or proposed streets. Provision of adequate solar access should be considered during lot design.
(2) 
Double-frontage lots shall be avoided whenever possible.
(3) 
Lots shall not, in general, access off of arterials. Where driveway access from a street may be necessary for several adjoining lots, the city may require that such lots be served by combined access points and driveways designed or arranged so as to avoid requiring vehicles to back into traffic.
(4) 
Residential lots must have a front yard setback orientation toward the public street or easement access.
(5) 
Interior lot lines should be composed of straight lines.
(6) 
Residential lots shall maintain the minimum setback requirements as specified by the city's zoning ordinance, unless shown otherwise on the final plat or short plat, as a building site. In no case shall the city staff or the hearing examiner grant a deviation from the setback requirement on an exterior lot line on abutting property under separate ownership without following the procedure of MMC § 22G.090.820.
(7) 
Residential lots shall maintain a minimum lot width as required by the city's zoning ordinance.
(8) 
Panhandle-shaped lots shall only be permitted in a residential subdivision or short subdivision if the following are met:
(a) 
The minimum width of the minor access portion shall be 20 feet;
(b) 
The computations for complying with the zoning code minimum lot size shall not include the minor portion of a panhandle-shaped lot;
(c) 
No panhandle-shaped lot shall be permitted in short subdivisions where the ownership is common with a contiguous property;
(d) 
Side-by-side panhandles in subdivisions are not permitted;
(e) 
No panhandle-shaped lot will be permitted if there is a potential for additional development, unless adequate area is left for the future development potential; and
(f) 
All panhandle access drives shall comply with easement access standards, including type of units allowed and improvements required.
(Ord. 2852 § 10 (Exh. A), 2011; Ord. 2870 § 8, 2011)
Permanent easements shall be provided for utilities and other public services identified at the time of preliminary plat approval.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
Each division or redivision of land shall be required to reserve, for passive or active recreation, a designated area within the subdivision or short subdivision based on a minimum of five acres per 1,000 people as deemed reasonably necessary as a direct result of the proposed subdivision or short subdivision.
(2) 
Such land reserved for recreation purposes shall be a suitable location for proposed recreation uses.
(3) 
Nothing herein shall prohibit voluntary agreements with the city that allow a payment in lieu of dedication of land to mitigate a direct impact that has been identified as a consequence of a proposed subdivision or short subdivision as authorized in Chapter 82.02 RCW and Chapter 22D.010 MMC.
(Ord. 2852 § 10 (Exh. A), 2011)
It is the intent of this provision to eliminate insofar as possible the installation of overhead wires and of wire-carrying poles within residential subdivisions and short subdivisions being henceforth developed under this title.
(1) 
All subdivisions or short subdivisions shall have all necessary power lines, telephone wires, television cables, fire alarm systems and other communication wires, cables or lines placed in underground location either by direct burial or by means of conduit or ducts and, with the exception of the city fire alarm system, providing service to each lot or potential building site in the plat.
(2) 
All such underground installations or systems shall be approved by the appropriate utility company and shall adhere to all governing applicable regulations including but not limited to the city and state applicable regulations and specific requirements of the appropriate utility.
(3) 
If the appropriate utility company will not approve an underground installation or system because it cannot reasonably be installed according to accepted engineering practices, applicant may request a waiver of the requirement of underground installations or systems to the city engineer. If the city engineer concurs that under accepted engineering practices underground installations or systems cannot reasonably be installed he shall grant the waiver. If the city engineer does not concur, he shall make recommendations relating to the undergrounding of electrical service to the applicant for transmittal to the appropriate utility company.
(4) 
All utility easements within a proposed subdivision and short subdivision shall be approved by the appropriate utility company before final acceptance of the plat and shall be shown in their exact location on the final drawing of said subdivision or short subdivision.
(5) 
Nothing in this section or any other section of this title in relation to underground wiring shall apply to power lines carrying a voltage of 15 kV or more, nor shall it be construed to prohibit the placement of pad mounted transformers, terminal pedestals or other electrical and communications devices above ground, as determined by the appropriate utility involved.
(Ord. 2852 § 10 (Exh. A), 2011)
All improvements required by this title shall be extended as necessary to provide a smooth transition with existing improvements, both laterally across the street and longitudinally up and down the street, for utilities, vehicular and pedestrian traffic.
(Ord. 2852 § 10 (Exh. A), 2011)
All street and utility improvement plans shall be prepared by a state of Washington licensed civil engineer to meet city standards. All plans shall be prepared on reproducible Mylar material and presented to the city for approval.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
Site improvements shall be completed prior to approval of the final plat or short plat, or at the discretion of the city engineer, or his designee, security for performance in accordance with the provisions of Chapter 22G.040 MMC may be supplied. The duration for any such security for performance shall not be longer than one year.
(2) 
Security for performance shall not be released until all applicable departments responsible for acceptance and maintenance of improvements have approved said release.
(Ord. 2852 § 10 (Exh. A), 2011)
Site improvements shall include, but are not limited to: grading of entire width of street rights-of-way, asphalt/concrete surfacing of roadways (as per city standards contained in the street code), curbs, gutters and sidewalks constructed according to the street code, and construction of drainage facilities included in the preliminary plat. The requirement for curbs and gutters may be waived by the city engineer if bioretention facilities are approved for managing storm water runoff from the street. Flow through curbs may be required by the city engineer. The developer shall request inspection of the improvements by the city engineer or his designee at the following times:
(1) 
Erosion control measures are installed;
(2) 
Rough grading is complete and prior to placing pit run;
(3) 
Storm water management facility completion;
(4) 
Roadway and frontage improvement completion;
(5) 
When all improvements, including monuments, have been placed.
All improvements which do not meet city standards shall be immediately replaced or repaired prior to proceeding. The city engineer, or his designee, will inform the developer in writing of any improvements which are not acceptable.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
After satisfactory completion of roadway improvements, including streets, curbs, gutters and sidewalks, and storm water drainage improvements, and after satisfactory completion of on-site retention facilities, if any, the developer shall provide the city with security for maintenance in accordance with the provisions of Chapter 22G.040 MMC. The warranty period for the security for maintenance shall be a minimum of two years.
(2) 
For the purpose of this title, final approval shall not be given until such time as all of the required improvements have been satisfactorily installed in accordance with the requirements of preliminary approval or security for performance and security for maintenance have been provided and accepted by the city.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
A survey for division and redivision must be conducted by or under the supervision of a licensed land surveyor registered in the state of Washington. The surveyor shall certify on the plat or short plat that it is a true and correct representation of the lands actually surveyed and the survey was done in accordance with city and state law.
(2) 
In all subdivisions and short subdivisions, lot corner monuments must be set before final approval can be granted.
(3) 
In all subdivisions and short subdivisions, perimeter monuments must be set before final approval can be granted.
(4) 
In all subdivisions and short subdivisions, control monuments must be set before final acceptance of public improvements. Performance guarantees must include the installation of all control monuments. Control monuments must be installed per city design and construction standards.
(5) 
In all subdivisions and short subdivisions where final approval is to be granted by the acceptance of a performance guarantee, lot corner and perimeter monuments must be set. The performance guarantee must include the resetting of any monument that has been lost during construction of public improvements.
(Ord. 2852 § 10 (Exh. A), 2011)
For all proposed divisions or redivisions of land which are located adjacent to a small farm that has been in existence for at least two years preceding the application for new development, a six-foot-high, sight-obscuring chain-link fence shall be required along the property line, unless the developer demonstrates by clear and convincing evidence that a different barrier would be as adequate to protect the small farm. The following alternative methods of sight-obscuring screening may be utilized, but shall not be limited to (the applicant shall demonstrate to the community development department that the screening method proposed provides the greatest amount of protection relative to the type of adjacent agricultural use):
(1) 
Protected sensitive areas and their related buffers may be utilized, if directly adjacent to the small farms overlay zone; or
(2) 
An existing vegetative buffer which provides adequate screening and separation between the small farm use and the proposed subdivision.
(Ord. 2852 § 10 (Exh. A), 2011)