HomeMy WebLinkAboutOrdinance No. 2022-024 An Ordinance of the City of Arlington, Washington Amending Chapter 20.60 of the Arlington Municipal Code Regarding Zoning and Utilities ORDINANCE NO. 2022-024
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 20.60 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING AND UTILITIES
WHEREAS, the City staff has engaged in a comprehensive review and has proposed an
update containing numerous revisions to the Arlington Municipal Code (AMC); and
WHEREAS, the Arlington Planning Commission held numerous meetings concerning the
revisions, including discussions occurring at the following meetings of the commission:
• January 4, 2022
• March 1, 2022
• March 15, 2022
• April 5, 2022
• April 19, 2022
• May 3, 2022
• May 17, 2022
• June 7, 2022
• June 23, 2022
• July 25, 2022
• August 2, 2022
• September 6, 2022
• September 20, 2022; and
WHEREAS, the Arlington Planning Commission provided notice of and took public
testimony concerning the changes at public hearings which occurred on September 20, 2022;
and
WHEREAS, the Planning Commission made findings and provided its recommendations
to the City Council concerning the proposed changes; and
WHEREAS, the City Council considered the revisions initially with docketing meetings on
March 28, 2022 and April 4, 2022, and also at a joint meeting with the Planning Commission on
July 25, 2022, and then on October 10, 2022 and at a public hearing conducted on October 17,
2022; and
WHEREAS, the amendments were presented to the Department of Commerce for
comment and said Department had no comments on the ordinance; and
ORDINANCE NO. 2022-024 1
WHEREAS, review under the State Environmental Policy Act (SEPA) occurred with
limited comments from state agencies, all of which were addressed by the City; and
WHEREAS, having considered the public testimony, the input from the Planning
Commission and state agencies, the Council deems the adoption of these amendments to be in
the best interests of the City and citizens;
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as
follows:
Section 1. Arlington Municipal Code section 20.60.120(b) shall be and hereby is
amended to read as follows:
(b) Pursuant to RCW 70.654118 and WAC 248.96, the City recognizes the Snohomish
County Health District as the legitimate agency to supervise and direct the on-site sewer
system permit process. All permitting and inspection of private sewage disposal systems
shall be done by the Snohomish Health District, PROVIDED that any application to the
Health District for installation of a new on-site sewage system must be accompanied by
a letter from the City stating that no sanitary systems are available,and that the
proposed on-site sewage system conforms to applicable City Code requirements. The
property owner shall pay all related Health District fees. The property owner shall
furnish a copy of the Snohomish Health District permit to the City by prior to any
construction work. The property owner shall furnish a copy of the as-built drawings to
the city.
Section 2. Arlington Municipal Code section 20.60.450 shall be and hereby is
amended to read as follows:
20.60.450 Underground Utilities.
(a) Except as noted in Subsections (b-od), all existing, extended, and new electric
power lines (not to include transformers or enclosures containing electrical equipment
including, but not limited to, switches, meters, or capacitors which may be pad
mounted), telephone, gas distribution, cable television, and other communication and
utility lines in or adjacent to any land use or building permit approved after the effective
date of this chapter shall be placed underground in accordance with the specifications
and policies of the respective utility service providers and located in accordance with
the administrative guideline entitled "Public Works Construction Standards and
Specifications." Even in the event the distribution line originates from a point opposite
any public roadway from the new construction the service lines shall be placed beneath
said roadway by means of boring or surface excavation _across said roadway.
(b) Redding permits to G nctFWet a single eRe E)i cirti-family residence shall net be
ORDINANCE NO. 2022-024 2
(e)(b)—Building permits for additions, alterations, or repairs within any 24-month period
and equal to less than 50%of the total value of the existing building or structure shall
not be subject to the requirements of this section.
(d) ExistiRg wtiktie Ti'TOTleys Reed Rot be uRdeFgFeuRded.
{e}(c) If it is determined that an underground system cannot reasonably be installed
according to accepted engineering practices,the requirements of this section may be
waived upon receipt of a written notice from the appropriate utility service provider.
Similarly, this requirement may be waived for small in-fill developments where the
majority of the utilities along the street are still above ground and little more
development is anticipated. In either case, such a waiver shall be noted in the permit or
shall be construed as not being granted. If undergrounding of utilities is waived, the
applicant must sign either a concomitant agreement or a no protest agreement of the
formation of an L.I.D. for future undergrounding. Determination of which form of
promissory shall be used shall be at the discretion of the AFerksCommunity and
Economic Development Director. Additionally, the developer shall install the
appropriate conduit for future undergrounding of the utilities in the appropriate place.
{f4(d) Nothing in this section nor any other section in relation to underground utilities
shall apply to power lines carrying a voltage of 15 kV or more, nor shall it be construed
to prohibit the placement of said mounted transformers,terminal pedestal, or other
electrical and communications devices above ground, as determined by the appropriate
utility service provider involved.
Section 3. Arlington Municipal Code section 20.60.490 shall be and hereby is
amended to read as follows:
20.60.490 Sites for and Screening of Dumpsters.
(a) Every development that, under the City's solid waste collection policies, is or will
be required to provide one or more dumpsters for solid waste collection shall provide
sites for such dumpsters that are:
(1) Located so as to facilitate collection and minimize any negative impact on
persons occupying the development site, neighboring properties, or public
rights-of-way, and
(2) Constructed according to specifications established by the Public Works
Director to allow for collection without damage to the development site or the
collection vehicle.
(b) All such dumpsters shall be screened if and to the extent that, in the absence of
screening, they would be clearly visible to:
(1) Persons located within any dwelling unit on residential property other
than that where the dumpster is located; or,
(2) Occupants, customers, or other invitees located within any building on
nonresidential property other than that where the dumpster is located, unless
such other property is used primarily for purposes permitted exclusively in a
Light Industrial or GeneFal Industrial zoning district; or,
(3) Persons traveling on any public street, sidewalk, or other public way.
ORDINANCE NO. 2022-024 3
(G) When dumpster screening is required under this section, such screening shall be
constructed, installed, and located to prevent or remedy the conditions requiring the
screening, per§20.46 (Design Standards).
Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by
state or federal law or regulation, such decision or pre-emption shall not affect the validity of
the remaining portions of this ordinance or its application to other persons or circumstances.
Section 5. Effective Date. The title of this ordinance which summarizes the contents
shall be published in the official newspaper of the City. This ordinance shall take effect and be
in full force five (5) days after the date of publication as provided by law.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 17th
day of October, 2022.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
ATTEST:
,_ a Q lac
Wendy Va Der Meersche, City Clerk
APPROVED AS TO FORM:
Steve eiffle, City Attorney
ORDINANCE NO. 2022-024 4
CERTIFICATION OF ORDINANCE
I, Wendy Van Der Meersche, being the duly appointed City Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance
No. 2022-024 was approved at the October 17, 2022 City Council meeting.
ORDINANCE NO. 2022-024
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
AMENDING CHAPTER 20.60 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING AND UTILITIES"
A true and correct copy of the original ordinance is attached.
Dated this 18th day of October, 2022
Wendy Van ter Meersche
City Clerk for the City of Arlington