HomeMy WebLinkAboutOrdinance No. 2023-015 An Ordinance of the City of Arlington, Washington Amending Title 13 of the Arlington Municipal Code Regarding 13.04 Water Regulations, 13.08 Sewer Regulations, and 13.12 Utility Rates ORDINANCE NO. 2023-015
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING TITLE 13
OF THE ARLINGTON MUNICIPAL CODE REGARDING 13.04 WATER REGULATIONS, 13.08 SEWER
REGULATIONS, AND 13.12 UTILITY RATES UNDER CITY PLANNING NO. PLN 1036
WHEREAS, the city has proposed an update to regulations of 13.04, 13.08, and 13.12 to
provide utility requirements for Accessory Dwelling Units; and
WHEREAS, the Arlington Planning Commission considered the revisions at docketing
meetings on March 7, 2023 and March 21, 2023, and then on September 5, 2023, October 3,
2023 and at a public hearing conducted on October 17, 2023; 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 at docketing meetings on April 10,
2023 and April 17, 2023; and
WHEREAS, the City Council considered the same at a workshop held on November 13,
2023,their regular meeting on November 20, 2023, and considered them along with the Planning
Commission recommendations; and the City Council having determined approving said
amendment was in the best interest of the City; and
WHEREAS, the amendments were presented to the Department of Commerce for
comment and said Department had no comments on the ordinance; and
WHEREAS, the City Council has considered the proposed amendment to the municipal
code and finds it to be consistent with city and state law and in the best interests of the citizens;
and
NOW,THEREFORE,the City Council of the City of Arlington does hereby ordain as follows:
Section 1. Arlington Municipal Code section 13.04.180 shall be and hereby is
amended as follows:
13.04.180- Engineering and design requirements.
(a) General.
(1) The property owner is responsible for water system design.
(2) The water system designer must be a civil engineer licensed in the state of Washington
and qualified by both experience and educational background in the design of water facilities.
(3) Engineering and design shall conform to the City of Arlington Design and Construction
Standards and Specifications manual.
ORDINANCE NO. 2023-015 1
(b)Water facility requirements.
(1) Whenever property is developed or redeveloped in any way such that water demand or
use is altered, new water facilities are required whenever necessary to:
A. Meet fire flow and other fire protection requirements, including the number and
location of fire hydrants and fire sprinkler components, as determined by the fire
marshal's office of the jurisdiction in which the project is located.
B. Meet domestic and irrigation flow requirements. See the engineering standards.
C. Meet pressure requirements. See the engineering standards.
D. Replace or relocate existing facilities as required or authorized by the utility.
(2) Whenever property is developed or redeveloped, water mains shall be extended through
and to the extremes of the property being developed as required by the utility when needed
for the orderly extension or efficient gridding of the public water system. A utility easement
will be issued to the City for all water mains on the property being developed or redeveloped.
(3) Whenever property is developed for an accessory dwelling unit (ADU)the property owner
is required to provide the following:
A. Attached ADUs do not require any additional water service connections; the existing
water meter serving the principal residence can serve the Attached ADU. Any additional
plumbing required for the Attached ADU shall be permitted through the remodel or
addition building permit.
B. Detached ADUs require a separate meter for water service. The Detached ADU meter
can be tapped off the existing water service line that serves the principal residence meter.
The property owner is required to pay for an additional water meter and installation fee
pressure reducing valve and all new water service lines necessary to serve the Detached
ADU. A new water connection fee is not applied. Monthly fees are determined by the
current water rates.
C. If a Detached ADU is sold through the conveyance of a condominium unit independent
of the principal residence, or through other means, then the Detached ADU water meter
must be disconnected from the principal residence water service line and a new Water
Service Application submitted to the Community and Economic Development
Department. This will be a new water service to the Detached ADU with current
connection fees and other applicable water service requirements.
(c) Water service design.
(1) Water services shall be sized and designed in accordance with the Engineering Standards.
(2)Each premise shall have appropriately sized and designed separate water service or
services. All services shall be metered.
(3)No water service or water main shall be located under or within five feet of any building.
ORDINANCE NO. 2023-015 2
(d) Cross-connection control. All connections to the public water system shall comply with the
backflow prevention requirements of AMC 13.04.270.
Section 2. Arlington Municipal Code section 13.08.130 shall be and hereby is
amended as follows:
13.08.130 - Connections or modifications to the sewer system.
(a) Connection to the Sewer System Required.
(1)All structures which contain facilities for the disposal of sewage shall connect to the public
sewer system unless a variance is granted pursuant to subsection (b) of this section. When
sanitary sewer service is not available and is required, the utility shall require the property
owner to install a sewer main extension.
(2) Connections or modifications to the sewer system, including, but not limited to, the
installation or repair of sewer mains or side sewers, and abandonment or removal of any
structure connected to the public sewer system shall occur only if:
(A) Approval has been received from the utility; and
(B) All applicable requirements of this code and utility procedures have been met; and
(C) All applicable engineering standards have been met or alternative standards have
been approved by the utility as substantially equal; and
(D) The property owner has paid all applicable fees and charges; and
(E) Any existing on-site sewage disposal facilities are disconnected in accordance with
health department requirements; and
(F) The property is within the utility service area.
(3) Existing properties must connect to the public sanitary sewer system within one hundred
eighty days of the sewer becoming available.
(4) Whenever property is developed or redeveloped for an accessory dwelling unit(ADU),the
property owner is required to provide the following:
(A) Attached ADUs do not require any additional connections to the sewer collection
system, the existing sewer lines serving the principal residence can be used for the
Attached ADU. Any additional plumbing within the residence to serve the Attached ADU
shall be permitted through the remodel or addition building permit.
(B) Detached ADUs are required to extend the side sewer line serving the principal
residence to the Detached ADU unit. The property owner is required to submit
construction drawings for the side sewer extension and pay a side sewer inspection fee.
A new sewer connection fee is not applied. Monthly fees are determined by the current
sewer rates.
ORDINANCE NO. 2023-015 3
(C) If a Detached ADU is sold through the conveyance of a condominium unit independent
of the principal residence, or by other means, then the Detached ADU side sewer service
line must be disconnected from the principal residence side sewer service line and a new
Sewer Service Application submitted to the Community and Economic Development
Department. This will be a new sewer service to the Detached ADU with current
connection fees and other applicable sewer service requirements.
Section 3. Arlington Municipal Code section 13.12 shall be and hereby is amended as
follows:
13.12.20 - Classifications defined.
ll Single Family Residential (SFR) Unit. A single-family residential building, or a single-family
detached dwelling unit, that is designed for, permitted for, and occupied exclusively by one
family, and includes manufactured homes and mobile homes, and is served by a single
metered water meter. Each single family residential unit shall be charged a minimum of one
base charge based on the meter size, as hereinafter defined, plus a charge based on the
amount of water consumption.
ll Accessory Dwelling Units (ADU). An ADU is defined as a residential living unit in AMC
20.44.042.
ll Multi-Family Residential(MFR) Unit.A multifamily residential unit,also referred to as a multi-
dwelling unit, is a classification of housing where multiple separate housing units designed
and permitted for residential inhabitants are contained within one building, or several
buildings within one complex, and are served by a single water meter. These structures may
include duplexes, triplexes, quadplexes, apartments, townhouses, condominiums, and
mobile home parks. Each multifamily residential metered water service shall be charged a
minimum of one base charge based on meter size, as hereinafter defined,plus a charge based
on the amount of water consumption.
(d) Commercial Units or Industrial Units. A commercial unit or industrial unit consists of any
public or private premises not defined as a SFR unit or MFR unit, that has a metered water
service and as hereinafter defined:
u Premises designed, permitted and occupied by only one business or activity or
tenant shall be deemed a separate commercial unit. Each such commercial unit or
industrial unit shall be charged one base charge, as hereinafter defined, based on the
meter size, plus a charge based on the amount of water consumption.
ll In case of multiple-occupancy commercial or industrial facilities served by a single
water meter, the individual/entity to whom the water account is registered shall be
charged one base charge based on actual meter size, plus a charge based on amount
of water consumption.
(e) Outside City Limits. Water service(s) that are not located within Arlington city limits but are
within the Arlington Water Utility service area.
ORDINANCE NO. 2023-015 4
13.12.120- Residential classifications.
Single family residential (SFR) unit shall be as defined in Section 13.12.020.
Accessory dwelling unit (ADU) shall be as defined in Section 13.12.020.
Multi-family residential (MFR) unit shall be as defined in Section 13.12.020.
13.12.510- Classification of property.
The city engineer shall estimate or measure the impervious area of each parcel of developed real
property within the boundaries of the utility to determine the number of equivalent service units
(ESUs), as defined in Section 13.28.050(m), that are contained therein; six thousand square feet
of impervious area shall equal one ESU. See Table 2.
(1)All single-family residences, duplexes, triplexes and detached accessory dwelling units
are deemed to contain one ESU per dwelling unit. Attached accessory dwelling units are
calculated with the existing primary unit.
(2) For all other developed real properties, including multifamily, condominiums and
mobile home parks,the utility shall determine the number of ESUs contained thereon by
dividing the number of square feet of impervious area on each property by six thousand;
the total thus obtained will be rounded to the nearest whole number representing the
ESUs contained on such property.
(3) Each developed parcel of property shall be deemed to contain a minimum of one ESU.
Credits shall not reduce this minimum.
Table 2. Property Classification and ESUs for Stormwater Rate Assessment
Stormwater Property Classification Number of ESUs
Exempt N/A
Undeveloped 0
Residential, SFR 1
Residential, Duplex 2, 1 per dwelling unit
Residential, Triplex 3, 1 per dwelling unit
Residential, ADU Attached: with principal structure
Detached: 1 per ADU
ORDINANCE NO. 2023-015 5
Residential, Homeowners' Assoc & Common Areas Impervious area/6,000 sf
Residential, Multi-family (apartments, Impervious area/6,000 sf
condominiums, mobile home parks)
School Impervious area/6,000 sf
Commercial, Institutional, Other Impervious area/6,000 sf
Irrigation 0
Industrial Impervious area/6,000 sf
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 20th
day of November, 2023.
CITY OF ARLINGTON
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Barbara Tolbert, Mayor
ATTEST:
Wendy Va er Meersche, City Clerk
APPROVED AS TO FORM:
Steve a e, City Attorney
ORDINANCE NO. 2023-015 6
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. 2023-015 was approved at the November 20, 2023 City Council meeting.
ORDINANCE NO. 2023-015
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON AMENDING TITLE 13
OF THE ARLINGTON MUNICIPAL CODE REGARDING 13.04 WATER REGULATIONS, 13.08
SEWER REGULATIONS,AND 13.12 UTILITY RATES UNDER CITY PLANNING NO. PLN 1036"
A true and correct copy of the original ordinance is attached.
Dated this 20th day of November, 2023
Wendy Van her Meersche
City Clerk for the City of Arlington