Chapter 22G.120 SITE PLAN REVIEW

This chapter shall be known as the site plan review ordinance of the city of Marysville, and the requirements set forth in this chapter are applicable to all new construction, redevelopment, and exterior expansion of multiple-family, commercial, industrial, utility, shoreline development, public-initiated land use proposals, parking, and landscaping site plan reviews. (Ord. 2914 § 3, 2012).

22G.120.020 Purpose.

(1) The purpose of this chapter is to provide a method for approval of site plans, not reviewed through Chapter 22G.080 MMC, Planned Residential Developments, or Chapter 22G.100 MMC, Binding Site Plan.

(2) It is further the purpose of this chapter to provide for and promote the health, safety and welfare 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 title.

(3) It is the specific intent of this chapter to place the obligation of complying with its requirements upon the property owner and applicant, and no provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, employees, or agents, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

(4) 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, employees or agents, for any injury or damage resulting from the failure to comply with this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees, or agents. (Ord. 2914 § 3, 2012).

22G.120.030 Scope.

Review and approval is required for all new construction, redevelopment, and exterior expansion of multiple-family, commercial, industrial, utility, shoreline development, public-initiated land use proposals, parking, and landscaping site plan reviews; or as otherwise specified in MMC Title

22, Unified Development Code. All of the above projects require the review and approval of a site plan except for:

(1) Construction activities which do not require a building permit;

(2) Construction of a single-family residence not located within shoreline jurisdiction or a regulated critical area or buffer;

(3) Construction or expansion of a residential accessory structure;

(4) Interior remodels of existing structures when not a change of occupancy (such as converting from a residential use to a commercial use); and

(5) Tenant improvements when the modification or addition does not necessitate an expansion to the parking area. (Ord. 2914 § 3, 2012).

22G.120.040 Administration.

The community development director shall have the duty and responsibility of administering the provisions of this chapter with the authority to promulgate rules and regulations to implement and administer this chapter. (Ord. 2914 § 3, 2012).

Article II. Review Process

22G.120.050 Preapplication requirements.

(1) Preapplication Meeting. Prior to submittal of a site plan application for consideration by the city, the applicant shall request a preapplication meeting with 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 site layout, building location(s) and 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. 2914 § 3, 2012).

22G.120.060 Application submittal.

(1) Application Fees. The applicant shall pay the required fees as established in Chapter 22G.030 MMC, Land Use and Development Fees, when submitting the land use application for site plan review.

(2) Application Documents. A site plan review application shall consist of the following documents: land use application form, legal descriptions of parcel(s), vicinity map, title report/plat certificate, site plan, environmental checklist (if required), building elevations, landscaping plans, and preliminary drainage plans and drainage report. The following additional items may need to be submitted if determined to be necessary: traffic impact analysis, geotechnical report, and critical areas analysis and preliminary mitigation plan. The city shall provide appropriate forms and application instructions.

(3) Site Plan. The proposed site plan shall contain the following information:

(a) The name or title of the proposed project;

(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);

(d) Location and name of existing and proposed streets and right-of-way;

(e) Drainage channels, watercourses, marshes, lakes and ponds;

(f) Existing and proposed structures and setbacks;

(g) The location of existing driveways;

(h) All easements and uses including the references to auditor’s file numbers;

(i) Existing and proposed utilities services;

(j) Fire hydrant location and distance;

(k) Five-foot contour lines;

(l) Preliminary street profile together with a preliminary grading and preliminary storm drainage plan and report;

(m) A typical cross-section of the proposed street improvements; and

(n) 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 development will result in 10 or more peak-hour vehicular trips onto public streets, or sight distance/safety concern.

(5) Land Use Applications Processed Simultaneously. Unless an applicant for site plan approval requests otherwise, a site plan application shall be processed simultaneously with any application for rezones, variances, street vacations and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. (Ord. 2914 § 3, 2012).

22G.120.070 Review process – City department action.

(1) If the site plan application meets all the requirements specified in MMC 22G.120.060, then the application shall be deemed complete and the community development department shall circulate copies of the site plan application to relevant city departments who shall review the application and furnish the community development department with a report as to the effect of the proposed development upon the public health, safety and general welfare, and containing their recommendations as to the approval of the application. The report submitted shall include recommendations as to the extent and types of improvements to be provided.

(2) Site plan review is subject to the public notice requirements set forth in MMC 22G.010.090. (Ord. 3256 § 19 (Exh. S), 2023; Ord. 2914 § 3, 2012).

22G.120.080 Approval.

(1) Standards for Site Plans. The standards set forth in this chapter are to be used for site plan review.

(2) Provisions for Approval. No site plan shall be approved unless appropriate provisions are made for, but not limited to, the public health, safety, and general welfare. (Ord. 2914 § 3, 2012).

22G.120.090 Public use reservations.

Street Right-of-Way Realignment, Dedication or Widening. If the city concludes that the street right-of-way adjacent to a proposed development is inadequate for widening, and realignment of the existing street is necessary as a direct result of the proposed development, then the city may require a dedication of necessary right-of-way and improvement of that right-of-way, in accordance with Chapter 12.02A MMC, Street Department Code. (Ord. 2914 § 3, 2012).

22G.120.100 Design with environment.

Information generated through the environmental review process, if applicable, will be used in designing the development in such a way as to mitigate potential adverse environmental impacts. (Ord. 2914 § 3, 2012).

22G.120.110 Development with existing structures.

In reviewing any project, all existing structures shall comply with the standards of this chapter and the requirements of MMC Title 22. However, if the structures are nonconforming, the applicant shall bring the project into compliance with the standards set forth in MMC Title 22 to the maximum extent possible. This chapter does not allow the applicant to increase or intensify the nonconforming nature of the structure. (Ord. 2914 § 3, 2012).

22G.120.120 Site-specific energy conservation.

The use of site-specific energy schemes shall be encouraged that best offer opportunities for maximum use of southern exposures and the use of natural climate conditions. Consideration should be given to design which preserves opportunities for potential future installments of solar energy systems as allowed for in Chapter 22C.270 MMC. (Ord. 2914 § 3, 2012).

22G.120.130 Landscaping.

Landscaping shall be required on all projects in accordance with Chapter 22C.120 MMC, Landscaping and Screening, and all other applicable landscaping design standards outlined in MMC Title 22. (Ord. 2914 § 3, 2012).

22G.120.140 Off-street parking.

Off-street parking shall be provided in accordance with Chapter 22C.130 MMC, Parking and Loading. All parking lots shall be hard-surfaced and designed per city standards. (Ord. 2914 § 3, 2012).

22G.120.150 Loading areas.

Loading areas, when required, shall be provided per Chapter 22C.130 MMC, Parking and Loading. (Ord. 2914 § 3, 2012).

22G.120.160 Outdoor storage.

Outdoor storage areas that contain material not for sale, rent or lease to the public shall be fully screened from view from all streets and residential zoning boundaries in accordance with Chapter 22C.120 MMC, Landscaping and Screening, and all other applicable screening standards outlined in MMC Title 22. (Ord. 2914 § 3, 2012).

22G.120.170 Signs.

All signs shall be per MMC Title 22 and Chapter 22C.160 MMC, Signs. All signing shall be approved by the city and integrated into the building design and the overall site plan. (Ord. 2914 § 3, 2012).

22G.120.180 Building setbacks.

All setbacks for structures shall comply with MMC Title 22C, Land Use Standards. (Ord. 2914 § 3, 2012).

22G.120.190 Fire hydrants.

(1) Fire hydrants shall be installed in accordance with MMC Title 9, Fire.

(2) Fire hydrants must be approved and operating prior to wood framing of buildings. (Ord. 2914 § 3, 2012).

22G.120.200 Access and circulation.

Ingress, egress and general circulation shall be approved by the city engineer. (Ord. 2914 § 3, 2012).

22G.120.210 Street frontage.

Whenever a project is proposed on an existing public street, frontage shall be improved to current city standards in accordance with Chapter 12.02A MMC, Street Department Code. (Ord. 2914 § 3, 2012).

22G.120.220 Sewer improvements.

All sewer improvements shall be required as specified in MMC Title 14, Water and Sewers. (Ord. 2914 § 3, 2012).

22G.120.230 Water improvements.

All water improvements shall be required as specified in MMC Title 14, Water and Sewers. (Ord. 2914 § 3, 2012).

22G.120.240 Drainage improvements.

Drainage improvements shall be required as specified in MMC Title 14, Water and Sewers. (Ord. 2914 § 3, 2012).

22G.120.250 Clearing and grading.

(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 Chapter 14.15 MMC, Controlling Storm Water Runoff from New Development, Redevelopment, and Construction Sites. (Ord. 2914 § 3, 2012).

22G.120.260 Easements.

Permanent easements shall be provided, as necessary, for utilities and other public services identified prior to certificate of occupancy being granted. (Ord. 2914 § 3, 2012).

22G.120.270 Underground wiring.

(1) It is the intent of this provision to eliminate insofar as possible the installation of overhead wires and of wire-carrying poles being henceforth developed under this chapter.

(2) All projects shall have all 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 building site.

(3) 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.

(4) 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, a waiver shall be granted. If the city engineer does not concur, recommendations shall be made relating to the undergrounding of electrical service to the applicant for transmittal to the appropriate utility company.

(5) All utility easements within a proposed development shall be approved by the appropriate utility company before a certificate of occupancy is granted and shall be shown in their exact location on the final record drawing of said development.

(6) Nothing in this section or any other section of this title in relation to underground wiring shall 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. 2914 § 3, 2012).

22G.120.280 Improvements – Smooth transition required.

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. 2914 § 3, 2012).

22G.120.290 Utility improvement plans.

All street and utility improvement plans shall be prepared by a state of Washington licensed civil engineer. (Ord. 3210 § 8, 2022; Ord. 2914 § 3, 2012).

22G.120.300 Acceptance of improvements.

The city engineer is authorized to accept all improvements and/or right-of-way dedications required in this title on behalf of the city. (Ord. 2914 § 3, 2012).

22G.120.310 Performance guarantee requirements.

(1) Site improvements shall be completed prior to a certificate of occupancy being granted, 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. 2914 § 3, 2012).

22G.120.320 Site improvements designated.

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. 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 sewer completion;

(4) Roadway including curb and gutter 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. 2914 § 3, 2012).

22G.120.330 Warranty requirements for acceptance of final improvements.

(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 owner and/or 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. 2914 § 3, 2012).

22G.120.340 Survey.

A survey conducted by or under the supervision of a registered land surveyor licensed in the state of Washington must be submitted; provided, that the community development director may waive this requirement for minor projects, additions, or other proposals where property boundaries are known. Where a survey is waived, an agreement shall be executed with the city saving and holding it harmless from any damages, direct or indirect, as a result of the approval of the site plan. (Ord. 2914 § 3, 2012).

22G.120.350 Dedication.

Any dedication, donation or grant as shown on a site plan shall be completed and recorded with the auditor’s office prior to a certificate of occupancy being granted. (Ord. 2914 § 3, 2012).

22G.120.360 Review process – Decision by city.

(1) If the city engineer and community development director find that appropriate provisions have been made according to the requirements of this title, then the site plan may be granted preliminary approval. If the city engineer and community development director find that the site plan does not make the appropriate provisions according to the requirements of this title, the city may disapprove or return it to the applicant for modification and conditions for approval.

(2) The site plan approval decision shall be in writing and shall include findings of fact and conclusions.

(3) Approval of the site plan by the community development director and city engineer shall constitute authorization for the applicant to develop the site plan facilities and improvements as required in the site plan approval.

(4) Administrative decisions may be appealed in accordance with MMC 22G.010.550. (Ord. 2914 § 3, 2012).

22G.120.370 Application time limits.

(1) A decision on site plan applications subject to this chapter shall be made within 120 days of submission of a complete application as set forth in MMC 22G.010.050.

(2) The following shall be excluded when calculating this time period:

(a) Any period during which the applicant has been requested by the department to correct plans, perform required studies, or provide additional required information due to the applicant’s inaccurate or insufficient information.

(b) Any period during which an environmental impact statement is being prepared.

(d) Any extension for any reasonable period mutually agreed upon in writing between the applicant and the department (RCW 36.70B.080(1)). (Ord. 2914 § 3, 2012).

22G.120.380 Termination of approval.

(1) Approval of the application shall expire five years from the date the approval was final.

(2) The period may be extended by the director for up to one year upon showing a good faith effort to complete the project and proper justification. Proper justification consists of one or more of the following conditions:

(a) Economic hardship;

(b) Change of ownership;

(d) Other circumstances beyond the control of the applicant determined acceptable by the community development director.

Exception: Due to current economic conditions, projects which receive preliminary approval on or before December 31, 2012, may apply to the director for a one-time, 36-month time extension.

(3) The applicant must file a written request with the director requesting the extension at least 30 days before expiration.

(4) Once the time period and any extensions have expired, preliminary approval shall terminate and the application is void and deemed withdrawn. (Ord. 2914 § 3, 2012).

22G.120.390 Revision of the official site plan.

Revisions to an approved official site plan shall be processed pursuant to MMC 22G.010.260 or 22G.010.270. (Ord. 2981 § 43, 2015).