HomeMy WebLinkAbout10-19-2015 Council Meeting
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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert - Deana
APPROVAL OF THE AGENDA
Mayor Pro Tem Chris Raezer
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
PUBLIC COMMENT
For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Chris Raezer
1. Minutes of the October 5 and October 12, 2015 Council Meetings ATTACHMENT A
2. Accounts Payable
PUBLIC HEARING
1. 2016 Budget ATTACHMENT B
Staff Presentation: Kristin Garcia
2. 2016 Proposed General Fund & EMS Property Tax Levies ATTACHMENT C
Staff Presentation: Kristin Garcia
Arlington City Council Meeting
October 19, 2015 at 7:00 p.m.
City Council Chambers – 110 E Third St
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coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
NEW BUSINESS
1. Ordinance Amendment to AMC 20.64.210 ATTACHMENT D
Staff Presentation: Chris Young
Council Liaison: Marilyn Oertle
2. Ordinance Amending Title to AMC Chapter 20.93-
Environmentally Critical Areas; Editorial Change to AMC Chapter 20.88-
Environmentally Critical Areas ATTACHMENT E
Staff Presentation: Chris Young
Council Liaison: Marilyn Oertle
3. CPG Grant (Recycling) from Dept of Ecology for 2015-2017 ATTACHMENT F
Staff Presentation: Kris Wallace
Council Liaison: Austin DeFreece
4. Ordinances updating Low Impact Development (LID) ATTACHMENT G
Standards and Codes
Staff Presentation: Bill Blake
Council Liaison: Austin DeFreece
5. Six Year Transportation Improvement Plan (TIP) Resolution ATTACHMENT H
Staff Presentation: Jim Kelly
Council Liaison: Debora Nelson/Jan Schuette
DISCUSSION ITEMS
INFORMATION
ADMINISTRATOR & STAFF REPORTS
Paul Ellis
MAYOR’S REPORT
Mayor Barb Tolbert
COUNCIL MEMBER REPORTS – OPTIONAL
Austin DeFreece – Randy Tendering
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Barb Tolbert
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Arlington City Council Retreat
Arlington Best Western Plus
September 26, 2015
Present: Mayor Tolbert, Steve Peiffle, Paul Ellis, Jonathan Ventura, Kristin Garcia, Sheri
Amundson, Kris Wallace, Kristin Banfield, Dave Ryan, Jesica Stickles, Marc Hayes, Bill Blake,
Bruce Stedman, Marilyn Oertle, Jan Schuette, Tom Cooper, Katie Heim, Jim Kelly, Bryan Terry,
Randy Tendering
Guests in attendance: Sarah Arney, Sue Weiss, Maxine Jenft, Craig Christianson, Sherry
Christianson, Terry Marsh, Jim Rankin, Mike Hopson
The Arlington City Council Retreat began at 8:30 a.m. with a sharing of what hopeful outcomes
are for the retreat.
With the use of a PowerPoint presentation, City staff presented the preliminary 2016 Budget.
Discussion followed.
City Council issues and concerns
The attendees of the retreat reviewed and discussed the items tabled throughout the day. The
topics included:
Property tax foreclosures within City of Arlington
Request to see 2015 and 2016 budget side by side with year to date at the October 12
review
Emergency notification protocol – how do we notify in those rare situations.
Electronic communications for City officials and City staff to ensure compliance with the
Public Records Act and Open Public Meetings Act. (Nissen v. Pierce County Supreme
Court case)
Follow up to Council for resolution of concerns expressed at City Council meeting
2014 Audit Results
Staff reviewed the 2014 Audit results with the Council and Senior Managers. The Exit
Conference for the 2014 Audit will be held on September 28, 2015.
With no further items to discuss, the meeting was adjourned at 12:50 p.m.
Barbara Tolbert, Mayor
DRAFT
Page 1 of 3
Council Chambers
110 East Third
October 5, 2015
Council Members Present: Austin DeFreece, Jan Schuette, Marilyn Oertle, Chris Raezer, Debora
Nelson, Jesica Stickles, and Randy Tendering
Council Members Absent: None
City Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Sarah Lopez, Kristin Garcia,
Sheri Amundson, Chris Young, Jonathan Ventura, Jim Kelly, Kris Wallace, Bill Blake, Maxine Jenft,
Wendy Van Der Meersche, and Steve Peiffle – City Attorney
Also Known to be Present: Craig Christianson, Jacob Kukuk, Mike Hopson, Cristy Brubaker, Sarah
Arney, and Earl Bryant.
Mayor Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed.
APPROVAL OF THE AGENDA
Mayor Pro Tem Chris Raezer moved to approve the Agenda. Marilyn Oertle seconded the motion which
passed with a unanimous vote.
INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
PUBLIC COMMENT
Debra Darling requested an update on K9 Blaze’s health status.
Randy Brockway, builder/developer, requested council postpone tonight’s vote on Permissible Use Table
– AMC 20.40. He is concerned a zoning change will impact any high-density construction and adversely
affect development of property at Burn Road and 204th Street.
CONSENT AGENDA
Mayor Pro Tem Chris Raezer moved and Marilyn Oertle seconded the motion to approve the Consent
Agenda which was unanimously carried to approve the following Consent Agenda items:
1. Minutes of the September 21 and 28, 2015 Council meetings
Accounts Payable: EFT Payments and Claims Checks #85483 through #85569 dated September
22, 2015 through October 5, 2015 in the amount of $356,771.06. Accounts Payable: EFT
Payments and Payroll Checks #28484 through #28503 dated September 1, 2015 through
September 30, 2015 for $1,314,311.17
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting October 5, 2015
Page 2 of 3
PUBLIC HEARING
LID Code Update
Stormwater Supervisor Bill Blake reviewed Low Impact Design Code (LID) updates which are required by
the 2013-2018 National Pollutant Discharge Elimination System (NPDES) Phase II Permit.
7:08:15 Public Hearing opened
7:08:20 Bill Blake spoke regarding Low Impact Design Code (LID) updates
7:16:12 The public hearing portion was closed and opened to council comments and questions.
7:18:50 With no further comments or questions; this matter is closed.
Annual TIP Adoption
Public Works Director Jim Kelly spoke regarding the yearly requirement of the City’s proposed Six Year
Transportation Improvement Plan (TIP)
7:19:08 Public Hearing opened
7:19:10 Jim Kelly spoke regarding the Transportation Improvement Plan (TIP)
7:20:55 The public hearing portion was closed and opened to council comments and questions.
7:25:21 With no further comments or questions; this matter is closed.
NEW BUSINESS
Permissible Use Table - AMC 20.40
Community & Economic Development Director Chris Young spoke of a recommendation by City staff and
Planning Commission to update Arlington Municipal Code (AMC) Chapter 20.40 (Permissible Uses) and
Land Use Code Amendment (LUCA), regarding changes to the permissible use table which regulates
appropriate land uses by zoning category. A discussion began between Chris Young, Randy Brockway
and councilmembers. City Attorney Steve Peiffle cautioned council and staff about making
representations about the impact of the ordinance on Mr. Brockway, stating this was not a public hearing.
Marilyn Oertle moved and Jesica Stickles seconded the motion to approve the ordinance amending Title
20 of the Arlington Municipal Code relating to Permissible Uses. The motion was approved by six
members of the Council, with Austin DeFreece opposing; Jan Schuette sought to abstain.1
Tourism Grant Applications
Recreation Manager Sarah Lopez presented a request for authorization to apply for a City of Arlington
Tourism/Economic Development Grant.
Marilyn Oertle moved and Jesica Stickles seconded the motion to authorize the City of Arlington to apply
for the Tourism/Economic Development Grant for the proposed projects. The motion was approved by a
unanimous vote.
Street Closures for Special Events
Sarah Lopez presented requests for special event street closures for the Hometown Halloween Pumpkin
Roll, Saturday, October 31, 2015, Taking Steps to Beat Breast Cancer, Saturday, October 31, 2015, and
the Santa Parade, Saturday, December 5, 2015. Sarah answered council questions.
Marilyn Oertle moved and Debora Nelson seconded the motion to approve the street closures for the
following events: The Pumpkin Roll, Taking Steps to Beat Breast Cancer Walk, and the Santa Parade.
The motion was approved by a unanimous vote.
1 The City Attorney has advised that an abstention or failure to vote in the absence of a valid
disqualification must be treated as a vote in favor of the motion pursuant to the City Council Rules of
Procedure, §5.3. Councilmember Schuette’s abstention must therefore be treated as an affirmative vote.
Minutes of the City of Arlington City Council Meeting October 5, 2015
Page 3 of 3
Art Donation - Kent Baker Bench
Sarah Lopez presented a request to accept and install the donation of a bench into the Public Art
Collection in honor of the late Kent Baker, a local photographer and mentor to many in the Arlington
community.
Marilyn Oertle moved and Chris Raezer seconded the motion to approve the acceptance of the donation
and installation of the bench in honor of the late Kent Baker into the Public Art Collection. The motion was
approved by a unanimous vote.
Interlocal Agreement for In-Service Training Sessions
For the Snohomish County Regional Training Group (Police agencies)
Deputy Police Chief Jonathan Ventura presented an Interlocal Agreement for In-Service Training
Sessions for law enforcement, participating with 11 other agencies for over 15 years in the Snohomish
County Regional Training Group (SCRTG).
Jesica Stickles moved and Randy Tendering seconded the motion to approve the Interlocal Agreement
regarding In-Service Training Sessions and authorized the Mayor to sign it. The motion was approved by
a unanimous vote.
ADMINISTRATOR & STAFF REPORTS
City Administrator Paul Ellis stated that Finance Department completed a preliminary budget and it was
distributed to councilmembers tonight. There will be a discussion at October 12 Workshop and the
preliminary budget will be posted to the City website.
COUNCIL MEMBER REPORTS and MAYOR’S REPORT
Austin DeFreece, Jan Schuette, Marilyn Oertle, Debora Nelson, Jesica Stickles, and Randy Tendering
gave brief reports, while Chris Raezer had nothing to report at this time.
Mayor Tolbert spoke about her attendance at Snohomish County Tomorrow and thanked
councilmembers for their reports.
EXECUTIVE SESSION
City Attorney announced that there would be not be a need for an Executive Session.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 7:58 p.m.
____________________________
Barbara Tolbert, Mayor
City of Arlington
Council Agenda Bill
Item:
PH#1
Attachment
B
COUNCIL MEETING DATE:
October 19, 2015
SUBJECT:
Public Hearing, 2016 Budget
ATTACHMENTS:
None
DEPARTMENT OF ORIGIN
Finance: Kristin Garcia – Finance Director
EXPENDITURES REQUESTED: 0
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
On September 26, 2015 a retreat was held with Council to discuss the initial budget for
2016. On October 5, 2015, the 2016 preliminary budget was delivered to Council. On
October 12, 2015, a workshop was held to review and discuss the 2016 budget. As
required by state statute, a public hearing must be held prior to adoption of the final
budget. A short presentation will be given to review the budget and a public hearing
will be held to allow for public comment. The budget ordinance will be presented to
Council on November 2, 2015 to adopt the final budget.
HISTORY:
On September 26, 2015 a retreat was held with Council to discuss the initial budget for
2016. On October 5, 2015, the 2016 preliminary budget was delivered to Council. On
October 12, 2015, a workshop was held to review and discuss the 2016 budget.
ALTERNATIVES
N/A
RECOMMENDED MOTION:
Public hearing only. No action.
City of Arlington
Council Agenda Bill
Item:
PH#2
Attachment
C
COUNCIL MEETING DATE:
October 19, 2015
SUBJECT:
Public Hearing, General Property Tax and EMS Levy
ATTACHMENTS:
None
DEPARTMENT OF ORIGIN
Finance: Kristin Garcia – Finance Director
EXPENDITURES REQUESTED: 0
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Staff is proposing a 0% increase to the General Fund property tax and a 1% increase for
the EMS property tax levy. As required by state statute, a public hearing must be held
prior to certification of the general property tax and EMS levy. A short presentation will
be given to review each levy and a public hearing will be held to allow for public
comment. Two levy ordinances will be presented to Council on November 2, 2015 to
certify the general property tax levy and the EMS levy.
HISTORY:
On September 26, 2015 a retreat was held with Council to discuss the initial budget for
2016, including the proposed general property tax and EMS levy. On October 5, 2015,
the 2016 preliminary budget was delivered to Council. On October 12, 2015, a workshop
was held to review and discuss the 2016 budget.
ALTERNATIVES
N/A
RECOMMENDED MOTION:
Public Hearing only. No action.
City of Arlington
Council Agenda Bill
Item:
NB #1
Attachment
D
COUNCIL MEETING DATE:
October 19, 2015
SUBJECT:
Editorial changes to AMC Title 20 Section 20.64.210
ATTACHMENTS:
Proposed ordinance change
DEPARTMENT OF ORIGIN
Community & Economic Development
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Editorial changes to Title 20, Section 20.64.210 Encroachments, is needed to be
consistent with the regulatory flood plain law, 44 CFR 60.3 (c)(10) and our local
floodplain ordinance.
HISTORY:
The inconsistent language was brought to our attention during the remand hearing
for the Dwayne Lane Chevrolet project in Island Crossing. The proposed
development falls within an AE Zone (Special Flood Hazard Area) and this section of
the AMC applied. It was later discovered that it was incorrectly written from the
Federal Statute. Both FEMA and DOE concur with the needed change. The Planning
Commission also concurred with the recommended change and all statutory
requirements for the Title 20 change was followed, i.e. Public Notice, Public Hearing,
and Dept. of Commerce Review.
ALTERNATIVES
Approve staff’s recommendation
Table staff’s recommendation
Deny staff’s recommendation
RECOMMENDED MOTION:
I move to approve the proposed ordinance relating to land use and zoning;
amending Section 20.64.210 of the Arlington Municipal Code.
ORDINANCE NO. 2015-XXX
AN ORDINANCE RELATING TO LAND USE AND ZONING; AMENDING
SECTION 20.64.210 OF THE ARLINGTON MUNICIPAL CODE
WHEREAS, the City of Arlington planning staff recently became aware of an issue
regarding the intent and language of Arlington Municipal Code 20.64.210, which relates to
encroachments in designated floodways ; and
WHEREAS, the city staff has reviewed said provision with representatives of the
Federal Emergency Management Agency (FEMA), and they believe the amendment to the
ordinance is consistent with the requirements of the National Flood Insurance Program (NFIP);
and
WHEREAS, the Arlington Planning Commission ("Planning Commission") met to
discuss amendment of the ordinance at its regular meeting on ______________, August 18,
2015; and conducted a public hearing following proper legal notice on September 1, 2015; and
WHEREAS, the City Council was briefed on the issue on January 12, 2015 and
October 12, 2015 and on ________________, October 19, 2015, the City Council held a
public hearing after proper legal notice, and considered public comments and the entire
record related to the proposal contained in this ordinance; and
WHEREAS, following the public hearingsame, the City Council deliberated on
the code amendment contained in this ordinance and found that amendment of the
ordinance was in the best interests of the citizens and the City;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
do ordain as follows:
Section 1. Arlington Municipal Code section 20.64.210 shall be and hereby is
amended to read as follows:
20.64.210 Encroachments. AE and A1-30 Zones with Base Flood Elevations but
No Floodways.
In areas where a regulatory floodway has not been designated, In areas with base
flood elevations (but where a regulatory floodway has not been designated), no
new construction, substantial improvements, or other development (including fill)
shall be permitted within Zones A1-30 and AE on the community's FIRM, unless
it is demonstrated that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one foot at any point
within the community.
Section 2. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full
force five (5) days of the date of publication.
Section 3. Copy to Commerce Department. Pursuant to RCW
36.70A.106(3), the City Clerk is directed to send a copy of this ordinance to the State
Department of Commerce for its files within ten (10) days after adoption of this
ordinance.
PASSED BY the City Council and APPROVED by the Mayor this _____ 19th day of
_______________, October, 20142015.
CITY OF ARLINGTON
_______________________________
Barbara Tolbert, Mayor
Attest:
__________________________
Kristin Banfield, City Clerk
Approved as to form:
__________________________
Steven J. Peiffle
City Attorney
City of Arlington
Council Agenda Bill
Item:
NB #2
Attachment
E
COUNCIL MEETING DATE:
October 19, 2015
SUBJECT:
Title Change to AMC Chapter 20.93 – Environmentally Critical Areas; Editorial Change
to AMC Chapter 20.88 – Environmentally Critical Areas
ATTACHMENTS:
Proposed ordinance
DEPARTMENT OF ORIGIN
Community & Economic Development
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Chapter 20.93 is titled “Environmentally Critical Areas” and Chapter 20.88 is also titled
“Environmentally Critical Areas”. Chapter 20.93 pertains to environmentally critical
areas located inside the city’s shoreline jurisdiction only and Chapter 20.88 for all other
critical areas outside the shoreline jurisdiction. This discrepancy has resulted in confusion
for applicants who are unable to decipher which chapter applies to their proposal.
Chapter 20.88 contains an Editor’s Note below the Footnote that also causes confusion to
the applicant. In reading the editor’s note, it can be construed to imply that 20.88 should
have been repealed when Chapter 20.93 was adopted. This may cause the developer to
design to Chapter 20.93 when it may not be required.
HISTORY:
During the adoption of the Shoreline Master Plan the environmentally critical areas
portion was proposed as an appendix of the chapter but inadvertently was titled
Environmentally Critical Areas instead. The Purpose and Intent of Chapter 20.93
establishes regulations for the protection of environmentally critical areas (ECA’s) within
the city’s shoreline jurisdiction only.
Ordinance 2011-029 was adopted in December of 2011 which contained the requirements
for environmentally critical areas within the city’s Shoreline jurisdiction. Chapter 20.88
needed to remain for environmentally critical areas outside of the city’s Shoreline
jurisdiction. Now that the title for Chapter 20.93 will be changed there is no longer a need
for the Editor’s Note.
ALTERNATIVES
Approve staff’s recommendation
Remand to staff and Planning Commission for further refinement
Deny staff’s recommendation
RECOMMENDED MOTION:
I move to adopt the ordinance amendin the title to AMC Chapter 20.93, and direct staff
to request correction of the editorial comment to AMC 20.88.
ORDINANCE NO. 2015-XXX
AN ORDINANCE RELATING TO LAND USE AND ZONING; AMENDING
CHAPTER 20.93 OF THE ARLINGTON MUNICIPAL CODE
WHEREAS, the City of Arlington planning staff recently became aware of an issue
relating to the titles for Arlington Municipal Code Chapters 20.88 and 20.93, which relates to
environmentally critical areas and shorelines ; and
WHEREAS, during a prior amendment and adoption of the City’s shorelines
regulations an error occurred in labeling Chapter 20.93 pertaining to shorelines; and
WHEREAS, the Arlington Planning Commission ("Planning Commission") met to
discuss amendment of the ordinance at its regular meeting on August 18, 2015; and conducted
a public hearing following proper legal notice on September 1, 2015; and
WHEREAS, the City Council was briefed on the issue on October 12, 2015 and on
October 19, 2015, the City Council considered public comments and the entire record related
to the proposal contained in this ordinance; and
WHEREAS, following the same, the City Council deliberated on the code
amendment contained in this ordinance and found that amendment of the ordinance was
in the best interests of the citizens and the City;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
do ordain as follows:
Section 1. Arlington Municipal Code Chapter 230.93 shall be and hereby is
amended to be retitled as “CHAPTER 20.93: ENVIRONMENTALLY CRITICAL AREAS
WITHIN THE CITY’S SHORELINE JURISDICTION”.
Section 2. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full
force five (5) days of the date of publication.
Section 3. Copy to Commerce Department. Pursuant to RCW
36.70A.106(3), the City Clerk is directed to send a copy of this ordinance to the State
Department of Commerce for its files within ten (10) days after adoption of this
ordinance.
PASSED BY the City Council and APPROVED by the Mayor this 19th day of October,
2015.
CITY OF ARLINGTON
_______________________________
Barbara Tolbert, Mayor
Attest:
__________________________
Kristin Banfield, City Clerk
Approved as to form:
__________________________
Steven J. Peiffle
City Attorney
City of Arlington
Council Agenda Bill
Item:
NB #3
Attachment
F
COUNCIL MEETING DATE:
October 19, 2015
SUBJECT:
Coordinated Prevention Grant for Waste Reduction and Recycling FY 2015-2017
ATTACHMENTS:
Coordinated Prevention Grant Agreement between Department of Ecology and the City of Arlington
DEPARTMENT OF ORIGIN
Public Works – Kris Wallace
EXPENDITURES REQUESTED: $6,518 (over two year period 2015-2017)
BUDGET CATEGORY: Recycling Budget
LEGAL REVIEW:
DESCRIPTION:
A grant originating from the Department of Ecology for the amount of $26,071.40, with a
$6,517.85 match obligation by the City, to continue to fund the City’s refuse and recycling
program for fiscal years 2015-2017.
HISTORY:
The City has been receiving a Coordinated Prevention Grant (CPG) from the Department of Ecology
for over 10 years; this grant is used to fund the City’s refuse and recycling program. The City’s
refuse and recycling program provides valuable information and outreach to Arlington’s
citizens, business, industries, and schools about efficient and cost effective waste management
practices – all of which not only reduce waste tonnage sent to landfills but reduces waste
disposal costs for citizens, business and schools. This CPG grant provides funding for the fiscal
years 2015-2017.
ALTERNATIVES
- Table for further discussion
- Do not accept grant
RECOMMENDED MOTION:
I move to accept the Coordinated Prevention Grant offered by the Department of Ecology for
fiscal year 2015 to 2017 and authorize the mayor to sign the grant agreement, pending final
review by the City Attorney.
Page 1 of 19Agreement No:W2RCPG-1517-ArliPW-00105
Project Title:2015-17 CPG Arlington IMP
Recipient Name:City of Arlington
Agreement W2RCPG-1517-ArliPW-00105
WASTE 2 RESOURCES COORDINATED PREVENTION GRANT PROGRAM AGREEMENT
BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
City of Arlington
This is a binding Agreement entered into by and between the State of Washington , Department of Ecology,
hereinafter referred to as “ECOLOGY” and City of Arlington , hereinafter referred to as the "RECIPIENT" to carry
out with the provided funds activities described herein.
2015-17 CPG Arlington IMP
GENERAL INFORMATION
Project Title:
Total Cost:$26,071.40
Total Eligible Cost:$26,071.40
Ecology Share:$19,553.55
Recipient Share:$6,517.85
The Effective Date of this Agreement is:07/10/2015
The Expiration Date of this Agreement is no later than 06/30/2017
Project Type:Implementation
Project Short Description:
The RECIPIENT (the City of Arlington), in contract with a consultant, will provide recycling and waste reduction
(WR&R) technical assistance to and waste stream analyses for City businesses with its $26,071.40 grant monies,
while also expanding existing and creating new WR &R programs for multi-family properties and schools in
Arlington. Programs will be monitored for contamination and correct material collection. By making contacts with
22 multi-family residential complexes, 41 business and eight (8) schools using new and existing outreach materials,
the RECIPIENT plans to gain program participation of 15 multi-family residential complexes,18 businesses and three
(3) schools, resulting in the diversion of 73 tons of material from the landfill over the grant cycle.
Project Long Description:
N/A
Overall Goal:
Provide regional solutions and intergovernmental cooperation ; prevent or minimize environmental contamination
W2RCPG-1517-ArliPW-00105
Page 2 of 19Agreement No:W2RCPG-1517-ArliPW-00105
Project Title:2015-17 CPG Arlington IMP
Recipient Name:City of Arlington
through planning and project implementation; and comply with state and local solid and hazardous waste
management plans and laws.
W2RCPG-1517-ArliPW-00105
Page 3 of 19Agreement No:W2RCPG-1517-ArliPW-00105
Project Title:2015-17 CPG Arlington IMP
Recipient Name:City of Arlington
RECIPIENT INFORMATION
Organization Name:City of Arlington
Federal Tax ID:91-6001401
DUNS Number: 165590043
Mailing Address: 154 W Cox
Arlington, WA, 98223
Physical Address: 154 W Cox
Arlington, Washington, 98223
Contacts
Project Manager Jack Harris
5419 Greenwood Ave North
Seattle, Washington, 98103
Email: jharris@seanet.com
Phone: (206) 755-5225
Billing Contact
Authorized
Signatory
Kris Wallace
Public Works Executive Assistant & Staff Accountant
154 W Cox
Arlington, Washington, 98223
Email: kwallace@arlingtonwa.gov
Phone: (360) 403-3538
Barbara Tolbert
Mayor
238 N Olympic Ave
Arlington, Washington, 98223
Email: btolbert@arlingtonwa.gov
Phone: (360) 403-3442
Organization Email:kwallace@arlingtonwa.gov
Organization Fax:(360) 435-7944
W2RCPG-1517-ArliPW-00105
Page 4 of 19Agreement No:W2RCPG-1517-ArliPW-00105
Project Title:2015-17 CPG Arlington IMP
Recipient Name:City of Arlington
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Waste 2 Resources
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Waste 2 Resources
300 Desmond Drive
Lacey, WA 98503
Contacts
Project
Manager
Financial
Manager
Vicki Colgan
3190 160th Ave SE
Bellevue, Washington, 98008-5452
Email: vcol461@ecy.wa.gov
Phone: (425) 649-7224
Vicki Colgan
3190 160th Ave SE
Bellevue, Washington, 98008-5452
Email: vcol461@ecy.wa.gov
Phone: (425) 649-7224
W2RCPG-1517-ArliPW-00105
Page 5 of 19Agreement No:W2RCPG-1517-ArliPW-00105
Project Title:2015-17 CPG Arlington IMP
Recipient Name:City of Arlington
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things
necessary for or incidental to the performance of work as set forth in the Scope of Work .
RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement .
Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement, Scope
of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, rules,
regulations, and guidelines mentioned in this Agreement .
This Agreement contains the entire understanding between the parties, and there are no other understandings or
representations other than as set forth, or incorporated by reference, herein.
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement .
IN WITNESS WHEREOF, the parties hereby sign this Agreement
Washington State
Department of Ecology
Waste 2 Resources
Program Manager
City of Arlington
Mayor
Barbara Tolbert
W2RCPG-1517-ArliPW-00105
Page 6 of 19Agreement No:W2RCPG-1517-ArliPW-00105
Project Title:2015-17 CPG Arlington IMP
Recipient Name:City of Arlington
Barbara Tolbert
Mayor Date
James Kelly
Public Works Director Date
W2RCPG-1517-ArliPW-00105
Page 7 of 19Agreement No:W2RCPG-1517-ArliPW-00105
Project Title:2015-17 CPG Arlington IMP
Recipient Name:City of Arlington
SCOPE OF WORK
Task Number:1 Task Cost: $26,071.40
Task Title:Waste Reduction and Recycling Program
Task Description:
The RECIPIENT, under contract with a consultant, will provide recycling and waste reduction (WR&R) technical
assistance to City businesses, multi-family properties and schools in Arlington. WR&R promotional and educational
materials will be developed and used to support the outreach and education efforts . Program emphasis will be on
developing new recycling programs and waste stream evaluations with recommendations that lead more businesses to
reduce waste; on starting new and expanding existing recycling programs within multi-family properties; and on
conducting school WR&R evaluations and assessments to maximize recycling and organics diversion programs and
reduce school waste. Recycling and organics programs will be monitored for contamination and correct material
collection.
Task Goal Statement:
The goal of the Waste Reduction and Recycling Program is to reduce waste and increase waste reduction and recycling
activities and participation in City businesses, multi-family properties and schools.
Task Expected Outcome:
By making 22 multi-family residential complex contacts, 41 business and eight (8) schools contacts in Arlington using
new and existing outreach materials, the RECIPIENT plans to gain participation of 15 multi-family complexes, 18
businesses and three (3) schools, resulting in the diversion of 73 tons of material from the landfill over the grant cycle.
Recipient Task Coordinator: Jack Harris
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Recipient Name:City of Arlington
Deliverables
Waste Reduction and Recycling Program
Number Description Due Date
1.1 Q1: Anticipate working to finalize grant contract with Ecology, no grant
work to start until Oct. due to grant timing
Q2: WR&R promotion/ assistance to businesses, multi-family properties,
schools. Program reporting.
Q3: WR&R promotion/ assistance to businesses, multi-family properties,
schools. Program reporting.
Q4: WR&R promotion/ assistance to businesses, multi-family properties,
schools. Program reporting.
Q5: WR&R promotion/ assistance to businesses, multi-family properties,
schools. Program reporting.
Q6: WR&R promotion/ assistance to businesses, multi-family properties,
schools. Program reporting.
Q7: WR&R promotion/ assistance to businesses, multi-family properties,
schools. Program reporting.
Anticipate grant work complete, work to finalize report(s) and contract .
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Project Title:2015-17 CPG Arlington IMP
Recipient Name:City of Arlington
BUDGET
Funding Distribution EG160150
Funding Title:State Building Construction Account
Funding Type:Grant
Funding Effective Date:07/10/2015
Funding Source:
Funding Expiration Date:06/30/2017
State Building Construction Account Task Total
Waste Reduction and Recycling Program 26,071.40
26,071.40$Total:
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Project Title:2015-17 CPG Arlington IMP
Recipient Name:City of Arlington
Funding Distribution Summary
Recipient / Ecology Share
$$$%19,553.55 26,071.406,517.8525.00State Building Construction
Account
Total 6,517.85 19,553.55
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
Indirect costs can be charged at a rate of up to 25% of salaries and benefits.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award, the following terms and conditions apply to you.
CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred,
proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal
government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification, they must provide an explanation as to why they
cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact the department for assistance in obtaining a copy of those regulations ..
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal
remedies, including suspension and debarment.
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8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
Federal Funding Accountability And Transparency Act (FFATA) Reporting Requirements:
RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed
agreement to ECOLOGY.
Any RECIPIENT that meets each of the criteria below must also report compensation for its five top executives ,
using FFATA Data Collection Form.
·Receives more than $25,000 in federal funds under this award; and
·Receives more than 80 percent of its annual gross revenues from federal funds; and
·Receives more than $25,000,000 in annual federal funds
ECOLOGY will not pay any invoice until it has received a completed and signed FFATA Data Collection Form .
ECOLOGY is required to report the FFATA information for federally funded agreements , including the required
DUNS number, at www.fsrs.gov <http://www.fsrs.gov> within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspending.gov <http://www.usaspending.gov>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov>.
GENERAL TERMS AND CONDITIONS
1.ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL
Edition". https://fortress.wa.gov/ecy/publications/SummaryPages/1401002.html
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement .
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
2.AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No
subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff
contacts and administrative information without the concurrence of either party.
3.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological or cultural
resources. Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to
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approval by ECOLOGY.
RECIPIENT shall:
a)Immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while
conducting work under this Agreement .
b)Immediately notify the Department of Archaeology and Historic Preservation at (360) 586-3064, in the event
historical or cultural artifacts are discovered at a work site.
c)Comply with Governor Executive Order 05-05, Archaeology and Cultural Resources, for any capital construction
projects prior to the start of any work.
d)Comply with RCW 27.53, Archaeological Sites and Resources, for any work performed under this Agreement , as
applicable. National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to
Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact cultural or historic properties.
4.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
5.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees,
ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups.
6.COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted .
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible may require approval by ECOLOGY
prior to purchase.
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e)ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests .
f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State Department of Enterprise Services’ Statewide Payee
Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W -9 form at
the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any
questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email
payeehelpdesk@des.wa.gov.
h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion
thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to
this Agreement, as appropriate, or upon completion of an audit as specified herein.
j)RECIPIENT should submit final requests for compensation within thirty (30) days after the expiration date of this
Agreement. Failure to comply may result in delayed reimbursement.
7.COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable Federal, State and local laws, orders, regulations, and permits
related to this Agreement, including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State
of Washington which affect wages and job safety .
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b)RECIPIENT agrees to be bound by all federal and state laws, regulations, and policies against discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project
timeline for the permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered
modified to conform to that statute or rule of law.
8.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or
responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial
interest, direct or indirect, nor affect the interest of any corporation , partnership, or association in which he/she is a part,
in this Agreement or the proceeds thereof .
9.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall
award all contracts for construction, purchase of goods, equipment, services, and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
10.DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this
Agreement the determination of ECOLOGY will govern , although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a)RECIPIENT notifies the funding program of an appeal request .
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d)ECOLOGY reviews the RECIPIENT’s appeal.
e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of
such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or
duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
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Recipient Name:City of Arlington
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s
decision will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this contract will be construed to limit the parties’ choice of another mutually acceptable method , in addition
to the dispute resolution procedure outlined above.
11.ENVIRONMENTAL STANDARDS
a)RECIPIENTS who collect environmental-monitoring data must provide these data to ECOLOGY using the
Environmental Information Management System (EIM). To satisfy this requirement these data must be successfully
loaded into EIM, see instructions on the EIM website at: http://www.ecy.wa.gov/eim.
b)RECIPIENTS are required to follow ECOLOGY’s data standards when Geographic Information System (GIS) data
are collected and processed. More information and requirements are available at:
http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENTS shall provide copies to ECOLOGY of
all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project
documentation.
c)RECIPIENTS must prepare a Quality Assurance Project Plan (QAPP) when a project involves the collection of
environmental measurement data. QAPP is to ensure the consistent application of quality assurance principles to the
planning and execution of all activities involved in generating data. RECIPIENTS must follow ECOLOGY’s
Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004 (Ecology Publication
No. 04-03-030). ECOLOGY shall review and approve the QAPP prior to start of work . The size, cost, and complexity
of the QAPP should be in proportion to the magnitude of the sampling effort .
12.GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought
hereunder will be in the Superior Court of Thurston County .
13.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the
project described herein, except as provided in the Scope of Work .
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission of that party or that party's agents or employees arising out of this Agreement .
14.INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue
to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of
the other party.
15.KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to
give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in
return for award of a subcontract hereunder.
16.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and
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women-owned (WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged
to take the following actions, when possible, in any procurement under this Agreement:
a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum
participation by qualified minority and women's businesses.
c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified
minority and women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises
(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U .S. Department of Commerce, as
appropriate.
17.ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by
giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work;
(c) Special Terms and Conditions; (d) Any provisions or terms incorporated herein by reference including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; and (e) the General Terms and Conditions.
18.PRESENTATION AND PROMOTIONAL MATERIALS
RECIPIENT shall obtain ECOLOGY’s approval for all communication materials or documents related to the
fulfillment of this Agreement. Steps for approval:
a)Provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and
distribution of any documents or materials compiled or produced.
b)ECOLOGY reviews draft copy and reserves the right to require changes until satisfied .
c)Provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets,
videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets, such as a refrigerator magnet with a
message as well as media announcements, and any other online communication products such as Web pages , blogs, and
Twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT must provide a complete description
including photographs, drawings, or printouts of the product that best represents the item.
RECIPIENT shall include time in their project timeline for ECOLOGY’s review and approval process .
RECIPIENT shall acknowledge in the materials or documents that funding was provided by ECOLOGY .
19.PROGRESS REPORTING
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not
document timely use of funds.
b)RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports .
c)RECIPIENT shall use ECOLOGY’s provided progress report format .
d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after
the end of the quarter being reported.
e)RECIPIENT shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an
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extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format.
20.PROPERTY RIGHTS
a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive, and
irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others
to use the same for federal, state, or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports,
maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology
Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement .
e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property .
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
a.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
b.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement . Such evidence may include title insurance policies, Torrens
certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim
which would impair the uses intended by this Agreement .
g)Conversions. Regardless of the agreement expiration date, the RECIPIENT shall not at any time convert any
equipment, property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale , lease, or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition , purchase, or construction costs of such
property.
21.RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a)Be kept in a manner which provides an audit trail for all expenditures.
b)Be kept in a common file to facilitate audits and inspections.
c)Clearly indicate total receipts and expenditures related to this Agreement .
d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of
Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
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ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of
this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,
in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
22.RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s)
or unallowable cost charged to this agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the
time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
23.SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid ,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision, and to this end the provisions of this Agreement are declared to be severable .
24.STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State
Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any
reimbursements are subject to this provision.
25.SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26.SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low
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impact meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers
and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products
with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post consumer
recycled paper.
For more suggestions visit ECOLOGY’s web pages: Green Purchasing, http://www.ecy.wa.gov/programs/swfa/epp
and Sustainability, www.ecy.wa.gov/sustainability.
27.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four (4) months after the effective date of this Agreement , or by any date
mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the
opinion of ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any
further funds, terminate in whole or in part this Agreement , and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from
the RECIPIENT is determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best
interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT. If this Agreement
is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms
of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event
funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this agreement, ECOLOGY, at its sole discretion, may elect to terminate
the agreement, in whole or part, or renegotiate the agreement, subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
W2RCPG-1517-ArliPW-00105
Page 19 of 19Agreement No:W2RCPG-1517-ArliPW-00105
Project Title:2015-17 CPG Arlington IMP
Recipient Name:City of Arlington
c)By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written
agreement.
d)In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other
materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
28.THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
29.WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach ,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
W2RCPG-1517-ArliPW-00105
City of Arlington
Council Agenda Bill
Item:
NB #4
Attachment
G
COUNCIL MEETING DATE:
October 19, 2015
SUBJECT:
Low Impact Design Code (LID) updates are required by the 2013 – 2018 NPDES Phase II Permit
ATTACHMENTS:
- Land Use Code update, Design Review Guidelines update, Stormwater Code update,
Standards and Specification update. Maps of potential Regional Storm Systems
DEPARTMENT OF ORIGIN
Public Works Department – Bill Blake
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
NPDES Phase II permit holders are required to update their municipal codes to provide for Low
Impact Design including some required elements and where feasible the optional use of LID
techniques for the management of stormwater. Land Use, Stormwater, Design Review need City
Council adoption. The Standards and Specifications, and Maps of Regional systems are informational
at this time.
HISTORY:
The City began operating under a Dept. of Ecology NPDES Phase II permit in 2007. The old permit
expired in 2012. The updated 2013-2018 NPDES Phase II permit became effective on August 1st 2013.
There were appeals and a modified permit became effective January 16, 2015. The Permit Holders are
required to update their municipal codes to include Low Impact Design codes by Dec. 31, 2016.
Arlington received a $76,000.00 National Estuary Program grant through Ecology and selected Herrera
to update our codes through a Request for Proposals process. Part of the scope required Herrera to
develop a Geo-spatial GIS tool indicating parcel based accuracy of potential LID systems, and maps
indicating where regional stormwater systems may be considered. A Public Hearing will be held
following the workshop.
ALTERNATIVES
Table for further discussion.
City of Arlington
Council Agenda Bill
Item:
NB #4
Attachment
G
RECOMMENDED MOTION:
1. "I move to approve the ordinance amending the City of Arlington Development Design Guidelines
and Central Business District Design Guidelines relating to Low Impact Development (LID)
Standards”;
2. “I move to approve the ordinance amending Title 20 of the Arlington Municipal Code relating to
Low Impact Development (LID) Standards”; and
3. “I move to approve the ordinance amending Chapter 13.28 of the Arlington Municipal Code relating
to Low Impact Development (LID) Standards.”
ORDINANCE NO. 2015-XXX
ORDINANCE NO. 2015-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING THE CITY OF ARLINGTON DEVELOPMENT DESIGN
GUIDELINES AND CENTRAL BUSINESS DISTRICT DESIGN GUIDELINES
RELATING TO LOW IMPACT DEVELOPMENT (LID) STANDARDS
WHEREAS, the City of Arlington is required to plan under RCW 36.70A.040;
and
WHEREAS, the City wishes to incorporate into its design guidelines provisions
encouraging low impact development (LID); and
WHEREAS, the City Planning Commission held a public hearing on September
15, 2015 and recommended approval of these revisions to the City Council; and
WHEREAS, the City Council deems the adoption of these regulations to be in the
best interests of the citizens of Arlington;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
does ordain as follows:
Section 1. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 2.6, subsection 3.2 shall be
amended to read as follows:
3.2 Reduce the width of the vehicular curb cut and consolidate driveways. In most
cases, a single lane is sufficient to serve several apartments or commercial spaces.
Section 2. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) reference to street trees spelled out
in Section 3.1 at page 11, shall be amended as follows:
Street trees—If a street has a uniform pattern of street trees, plant new street trees
that match (preferable) or complement the species in color, ultimate size and other
physical characteristics. LID facility installations are exempt from this
requirement.
Section 3. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 3.1, subsection 3.1 shall be
amended to read as follows:
ORDINANCE NO. 2015-XXX
3.1 Infill development on existing streets should complement or enhance and
preserve the distinctive, positive qualities of streetscape.
Section 4. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 5.3, subsection 3.5 shall be
amended to read as follows:
3.5 Provide pedestrian circulation routes through all multi-family residential
complexes linking building entries and parking areas to adjacent uses or services.
Interconnect complexes with clear and well-lit paved paths constructed of
permeable materials (where feasible) or conventional pavement. Provide steps and
ramps to cross retaining walls, and gates to breech breach fences if they impede
pedestrian movement to shopping and other common activities, and especially to
transit.
Section 5. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 6.2, subsection 3.2 shall be
amended to read as follows:
3.2 Provide screening walls of solid and attractive materials, such as masonry,
ironwork, rock, or wood (but not chain link), or enhanced by landscaping.
Section 6. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 7.1, subsection 3.1 shall be
amended to read as follows:
3.1. Organize and site buildings to create usable open space by creating one or
more of the following:
3.1.1. Well-landscaped or permeable material courtyards to be usable by the
occupants and visible from the units to enhance security.
3.1.2. Individual outdoor spaces for all ground floor units.
3.1.3. Rooftop decks, balconies and well defined patios.
3.1.4. Play areas for children, located away from the street edge and parking lots.
3.1.5. Group or individual gardens/small plots for residents' use.
3.1.6. Other similar outdoor open spaces
Section 7. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 7.2, subsection 1.3 shall be
amended to read as follows:
1.3 To enhance pedestrian access, circulation and safety by reducing vehicular
curb cuts and driveways across sidewalks.
ORDINANCE NO. 2015-XXX
Section 8. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 7.2, subsection 3.4 shall be
amended to read as follows:
3.4 Provide access to parking off of alleys when available, to reduce vehicular
curb cuts across sidewalks.
Section 9. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 7.2, the text immediately
adjacent to Figure 40 shall be amended to read as follows:
Providing a small park or open space off of the road and allocating smaller
parking lots behind multi-family residential buildings increases the value of
development and creates a more visually pleasing environment. Using permeable
materials in pedestrian-oriented areas should occur where feasible.
Section 10. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 9.1, subsection 3.2.5.1 shall
be amended to read as follows:
3.2.5.1 Protect and enhance Reflect natural features like views, stands of trees,
and open space by providing views and pedestrian access to these amenities.
Section 11. The City of Arlington Development Design Guidelines and Central
Business District Design Guidelines (DDG/CBDDG) Section 9.2, subsection 3.7 shall be
amended to read as follows:
3.7 Environmental Response: Basing the design on significant views, solar
orientation, protecting existing natural areas and trees, siting for usable outdoor
spaces, etc.
Section 12. 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 preempted by state or federal law or regulation, such decision or
preemption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 13. Effective Date. The title of this ordinance which summarizes the
contents shall be published in the official newspaper of the City. The ordinance shall
take effect and be in full force five (5) days after the date of publication.
ORDINANCE NO. 2015-XXX
PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF
ON THE ____ DAY OF ________________, 2015.
CITY OF ARLINGTON, WASHINGTON
_________________________________
Barbara Tolbert, Mayor
ATTEST/AUTHENTICATED:
_______________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
ORDINANCE NO. 2015-XXX
ORDINANCE NO. 2015-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING TITLE 20 OF THE ARLINGTON
MUNICIPAL CODE RELATING TO
LOW IMPACT DEVELOPMENT (LID) STANDARDS
WHEREAS, the City of Arlington is required to plan under RCW 36.70A.040;
and
WHEREAS, the City wishes to incorporate into its ordinance provisions
encouraging low impact development (LID); and
WHEREAS, the City Planning Commission held a public hearing on September
15, 2015 and recommended approval of these provisions to the City Council; and
WHEREAS, the City Council deems the adoption of these regulations to be in the
best interests of the citizens of Arlington;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
does ordain as follows:
Section 1. Arlington Municipal Code Section 20.08.010 shall be amended to add
the following definitions:
“Feasible” in the context of low impact development (LID) shall be determined
by evaluation against:
1. Design criteria, limitations, and infeasibility criteria identified for each
LID facility in the Washington Department of Ecology Stormwater Management
Manual for Western Washington (SWMMWW); and
2. Competing needs criteria listed in Chapter 5 of Volume V of the
SWMMWW
“Low Impact Development (LID)” is a stormwater and land use management
strategy that strives to mimic pre-disturbance hydrologic processes of infiltration,
filtration, storage, and transpiration by emphasizing conservation, use of on-site
natural features, site planning, and distributed stormwater management practices
that are integrated into a project design.
“LID facilities” or “low impact development facilities” are distributed stormwater
management practices, integrated into a project design, that emphasize pre-
disturbance hydrologic processes of infiltration, filtration, storage, evaporation
and transpiration. LID BMPs include, but are not limited to: bioretention, rain
ORDINANCE NO. 2015-XXX
gardens, permeable materials, roof downspout controls, dispersion, soil quality
and depth, minimal excavation foundations, vegetated roofs, and water re-use.
“Vegetated LID facilities” include bioretention, rain gardens, dispersion,
vegetated roofs, and natural treatment areas.
“Open Drainage Facility” means an above ground facility, such as a pond or
bioretention cell, that temporarily stores stormwater runoff.
Section 2. Arlington Municipal Code Section 20.16.356 shall be amended to
read as follows:
20.16.356 - Insignificant design deviations. The community development
director or public works director may accept some deviations in code
requirements when the binding site plan allows for viable sharing of facilities,
including parking, landscaping, stormwater management, pedestrian access, and
utilities.
Section 3. Arlington Municipal Code Section 20.44.020 shall be amended to
read as follows:
20.44.020 - Unit lot subdivisions (ULSS).
(a) Unit lot subdivisions is process by which the location of a building on a
lot can be placed in such a manner that one or more of the building's sides rests
directly on a lot line. Each building shall maintain a ten-foot separation for from
other buildings.
(b) Unit lot subdivisions shall only be permitted in the Residential High
Density zone.
(c) All developments using unit lot subdivisions shall be in compliance with
the rules and regulations set forth in the LUC for subdivisions and shall meet the
following design standards.
(1) The unit lot subdivision shall comply with the Density and Dimensional
Standards set forth in Chapter 20.48. However, if alley access is proposed
the minimum setback for any structure from the alley shall be five feet.
(2) One off-street parking space shall be provided for every four lots proposed
and be adjacent to the units for which they are required. If residential
buildings have driveways and/or garages, the number of off-street parking
spaces required may be reduced.
(3) The unit lot subdivision shall provide bicycle parking facilities equal to
one stall for every four lots.
(d) Prior to submittal of the final plat, the design of all buildings shall meet
the design guidelines and shall have received design review approval.
ORDINANCE NO. 2015-XXX
(e) Existing multi-family developments which meet or can be brought into
conformance with the requirements of the unit lot subdivision may submit an
application for such unit lot subdivision.
(f) If a development proposes open or park space exceeding one hundred
twenty-five percent of the minimum requirement, buildings may exceed the
maximum allowed height requirement by five feet.
(g) Low impact development street standards may be permittedare allowed
where feasible.
(h) Low impact development techniques for stormwater management shall be
used wherever possible are required where feasible.
(i) Private roads shall be permitted to meet the minimum lot access
requirements for an alley or access tract.
Section 4. Arlington Municipal Code Section 20.44.030(e) shall be amended to
read as follows:
(e) In any FDS development, the developer may create lots and construct
buildings with reduced lot size, width, or setback restrictions except that:
(1) All perimeter lots shall regardless of the underlying zone meet the
minimum lot width for that zone.
(2) At least fifty percent of the total number of dwelling units in any
FDS development must be single-family detached residences on lots with a
minimum lot width of fifty feet in all zones except for the RHD zone where one
hundred percent of the allowable number of dwelling units may be detached
(cottage style housing) or attached residences.
(3) FDS developments must comply with the fire protection
requirements of the most current edition as adopted by the state of Washington of
the International Building Code (IBC), International Residential Code (IRC) and
the International Fire Code (IFC).
(4) Setback requirements of the underlying zone shall apply for all
property lines located on the perimeter of the FDS development. A perimeter lot
shall be a lot abutting directly on an exterior property line for the entire site.
(5) Each lot must be of sufficient size and dimensions that it can
support the structure proposed to be located on it, consistent with all other
applicable requirements of this title.
(6) In the SR Zone, lots adjacent to a critical area must have a
minimum of six thousand square feet and a minimum width of fifty feet.
(7) Each lot must be designed so that any structure can be built a
minimum of fifteen feet from any environmentally critical area buffer. LID
facilities are allowed within the outer 25 percent of the critical areas buffer.
(8) The maximum lot coverage specified in Section 20.48.064
(Maximum Lot Coverage) shall be met on an average for all lots in the entire FDS
ORDINANCE NO. 2015-XXX
development. Thus, in calculating the average maximum lot coverage for a lot,
the area of open space protected on that lot through FDSs may be used. However,
the developer shall state on the plat the maximum lot coverage for each individual
lot so as not to create future, unforeseen inequities.
(9) The design of an FDS development, including site layout,
landscaping, public facilities (e.g. storm drainage, parks, streets, etc.) and building
design shall be subject to recommendation from the community development staff
to the hearing examiner and recommendation from the design review board
regarding elevations and footprints of all structures pursuant to the city's adopted
design guidelines to the hearing examiner. In lieu of the DRB approving each
single- or two-family structure, the applicant may propose project specific design
guidelines consisting of elevations and footprints for these types of structures only
(multi-family residential and communal structures shall always be approved by
the DRB as part of the FDS approval). In such a case, the project specific design
guidelines shall be reviewed by the DRB for consistency with the city's design
guidelines and be subject to their recommendation to the hearing examiner. The
department of community development may then implement them
administratively when an applicant applies for building permits. Where authority
is granted by the DRB to staff to review individual single- or two-family
residential structures, the DRB shall be the arbiter between the applicant and staff.
(10) When located in the SR, RLMD, or RMD zone, multi-family
portions of an FDS development shall be situated more toward the interior rather
than the periphery of the tract, or along an adjoining arterial street, so that the
single-family detached residences border adjacent properties that are zoned for
single-family residential uses.
(11) Screening requirements (Chapter 20.76) shall apply to the exterior
boundaries of an FDS development but are not required between uses within an
FDS development. Landscaping within LID facilities can count towards site
boundary screening requirements.
(12) When creating an FDS development, residential subdivisions and
multi-family projects, the amount of land "saved" by creating lots that are smaller
than the standards set forth in Section 20.48.010 (Minimum Lot Size
Requirements) shall be set aside as open space. This open space shall be a
minimum of ten percent of the site and shall be improved with common
amenities. The amenities can include, but are not limited to usable open space
area, landscaped entries into the project (in addition to the standard roadway
dedication and landscaping requirements), courtyards, landscape islands in the
center of roads, additional protection of significant clusters of trees, low impact
designs (rain gardens), additional improved park space, or other amenities as may
be appropriate. Of the ten percent of open space required, twenty-five percent of
the total may include protected sensitive areas and their buffers. The hearing
examiner shall be given deference in determining what amount and mix of such
amenities counts toward this requirement as long as the minimum threshold is
ORDINANCE NO. 2015-XXX
met. In addition the applicant shall meet the comprehensive plan for open space
and park land, as well as all applicable land use code requirements.
(13) In the RLMD and SR all zones, low impact development street
standards are preferred where feasible and low impact development techniques for
stormwater management shall be used wherever possibleare required where
feasible.
(14) The purpose of this section is to provide flexibility, consistent with
the public health and safety and without increasing overall density, to the
developer who subdivides property and constructs buildings on the lots created in
accordance with a unified and coherent plan of development or the developer who
constructs within the RHD zone.
Section 5. Arlington Municipal Code Section 20.44.046(c)(4) shall be amended
to read as follows:
(c)(4) Open Space. A minimum of twenty percent of the total area of the travel
trailer park site must be designated common open space. Up to fifty percent of
this open space may be occupied by community recreational structures. All
common open space areas will be accessible and usable by all residents of the
park for passive and active recreation. In calculating the twenty percent open
space area, neither the surfaced width of park roads nor the bulk storage, guest,
unit parking areas, or service buildings can be included as open space. Open space
can be used for native vegetation, drought-tolerant vegetation, and vegetated LID
facilities.
Section 6. Arlington Municipal Code Section 20.44.062(g) shall be amended to
read as follows:
In addition to any screening requirements of Chapter 20.76 (Screening and
Shading), a minimum of five percent of the site shall be held as common area,
evenly distributed throughout, and adequately landscaped. Such common area
shall include any entryway(s) into the mobile home park, which shall be
landscaped to Type B, Semi-Opaque standards (see Section 20.76.040,
Descriptions of Screens). Native vegetation, drought-tolerant landscaping, and
vegetated LID facilities should be used whenever possible in mobile home parks.
Section 7. Arlington Municipal Code Table 20.48-5: Density and Dimensional
Standards shall be amended as set forth in Exhibit “A” hereto.
Section 8. Arlington Municipal Code Section 20.48.030(e) shall be amended to
read as follows:
ORDINANCE NO. 2015-XXX
Shared driveways shall be permitted only are preferred on the bulb of a cul-de-
sac, but are allowed in other settings as approved by the Director. Shared
driveways shall be a minimum maximum of twenty-five twenty-four feet in
width.
Section 9. Arlington Municipal Code Section 20.48.044 shall be amended to
read as follows:
20.48.044 - Garage setbacks/minimum driveway length. All residential
driveways taking access from a public road (not including alleys) shall be a
minimum of twenty-two feet in length from the right-of-way. Permeable materials
should be used on private driveways when feasible.
Section 10. Arlington Municipal Code Section 20.72.010(a) shall be amended to
read as follows:
Except as may be modified by Section 20.76.120 (Retention and Protection of
Significant Trees), Section 20.72.084 (Reductions in Parking Space Requirements
for Provision of Alternative Transportation) or 20.72.086 (Maximum Cumulative
Reduction of Required Parking Spaces), and except as exempted by Subsection
(b), all developments in all zoning districts shall provide a sufficient number of
parking spaces to accommodate the number of vehicles that ordinarily are likely
to be attracted to the development in question. Whenever feasible, low impact
development must be used.
Section 11. Arlington Municipal Code Section 20.72.030 shall be amended to
read as follows:
20.72.030 Parking space dimensions.
(a) Subject to Subsections (b) and (c), and except accessible parking spaces as
per Section 20.72.064 (Accessible Parking Spaces), each parking space shall
contain a rectangular area at least nineteen feet long and nine feet wide. Lines
demarcating separating parking spaces may be drawn at various angles in
relation to curbs or aisles, so long as the parking spaces so created contain
within them the rectangular area required by this section. In parking areas
containing ten or more parking spaces, twenty percent of the parking spaces
may contain a rectangular area of only eight feet in width by fifteen feet in
length. If such spaces are provided, they shall be conspicuously designated as
reserved for small or compact cars only. When feasible parking stalls shall be
provided for motorcycles and electric cars.
ORDINANCE NO. 2015-XXX
(b) Wherever parking areas consist of spaces set aside for parallel parking, the
dimensions of such parking spaces shall be not less than twenty-two feet by
eight feet.
Section 12. Arlington Municipal Code Section 20.72.040 shall be amended to
read as follows:
20.72.040 - Required widths of parking area aisles and driveways.
(a) Parking area Drive aisle widths shall conform to Table 20.72-2, Parking
Drive Aisle Widths, which varies the width requirement according to the angle of
parking.
(b) Driveways shall be not less than ten feet in width for one-way traffic and
twenty feet in width for two-way traffic, except that ten-feet-wide driveways are
permissible for two-way traffic when (i) the driveway is not longer than fifty feet,
(ii) it provides access to not more than six spaces, and (iii) sufficient turning space
is provided so that vehicles need not back into a public street.
Section 13. Arlington Municipal Code Section 20.76.040 shall be amended to
read as follows:
20.76.040 - Descriptions of screens.
The following three basic types of screens are hereby established and are used as
the basis for the Table of Screening Requirements set forth in Section 20.76.050
(Table of Screening Requirements).
(1) Opaque Screen, Type A. A screen that is opaque from the ground to a height
of at least six feet, with intermittent visual obstructions from the opaque portion to
a height of at least twenty feet. The width shall be a minimum of five feet wide,
but may be increased if, in the opinion of the permit-issuing authority, it is needed
to better insulate or isolate uses; and in all cases be a minimum of ten feet along
street frontages where required. An opaque screen is intended to exclude all visual
contact between uses and to create a strong impression of spatial separation. The
opaque screen may be composed of a wall, fence, landscaped earth berm, planted
native vegetation, drought-tolerant vegetation, vegetated LID facilities, or existing
vegetation. Compliance of planted vegetative screens or natural native vegetation
will be judged based on the average mature height and density of foliage of the
subject species, or field observation of existing vegetation. The opaque portion of
the screen must be opaque in all seasons of the year. At maturity, the portion of
intermittent visual obstructions should not contain any completely unobstructed
openings more than ten feet wide. The portion of intermittent visual obstructions
may contain deciduous plants. Suggested planting patterns that will achieve this
ORDINANCE NO. 2015-XXX
standard are included in the Department of Public Works' Construction Standards
and Specifications.
(2) Semi-Opaque Screen, Type B. A screen that is opaque from the ground to
a height of three feet, with intermittent visual obstruction from above the opaque
portion to a height of at least twenty feet. The width shall be a minimum of five
feet wide, but may be increased if, in the opinion of the permit-issuing authority,
it is needed to better insulate or isolate uses; and in all cases be a minimum of ten
feet along street frontages where required. The semi-opaque screen is intended to
partially block visual contact between uses and to create a strong impression of
the separation of spaces. The semi-opaque screen may be composed of a wall,
fence, landscaped earth berm, planted native vegetation, drought-tolerant
vegetation, vegetated LID facilities, or existing vegetation. Compliance of planted
vegetative screens or natural native vegetation will be judged based on the
average mature height and density of foliage of the subject species, or field
observation of existing vegetation. At maturity, the portion of intermittent visual
obstructions should not contain any completely unobstructed openings more than
ten feet wide. The zone of intermittent visual obstruction may contain deciduous
plants. Suggested planting patterns that will achieve this standard are included in
the Department of Public Works' Construction Standards and Specifications.
(3) Intermittent Screen, Type C. A screen composed of intermittent visual
obstructions from the ground to a height of at least twenty feet. The width shall be
a minimum of five feet wide, but may be increased if, in the opinion of the
permit-issuing authority, it is needed to better insulate or isolate uses; and in all
cases be a minimum of ten feet along street frontages where required. The
intermittent screen is intended to create the impression of a separation of spaces
without necessarily eliminating visual contact between the spaces. It may be
composed of planted native vegetation or existing vegetation. Compliance of
planted vegetative screens or natural native vegetation will be judged based on the
average mature height and density of foliage of the subject species, or field
observation of existing vegetation. At maturity, the portion of intermittent visual
obstructions should not contain any completely unobstructed openings more than
ten feet wide. The screen may contain deciduous plants. Suggested planting
patterns that will achieve this standard are included in Department of Public
Works' Construction Standards and Specifications.
Section 14. Arlington Municipal Code Section 20.76.120 shall be amended to
read as follows:
20.76.120 - Retention and protection of significant trees.
(a) Every development shall retain all existing significant trees and significant
stands of trees, with a diameter at breast height (dbh) of at least eight (8) inches
for deciduous trees and at least twelve (12) inches dbh for evergreen trees, unless
ORDINANCE NO. 2015-XXX
the retention of such trees would unreasonably burden the development or in the
opinion of the permit-issuing authority cause a significant safety problem.
(b) No excavation or other subsurface disturbance may be undertaken within
the drip line critical root zone (CRZ) where feasible, which may extend outside of
the drip line of existing tree branches, of any of the trees regulated by Subsection
(a), and, except for street trees, no impervious surface (including, but not limited
to, paving or buildings) may be located within twelve and one-half feet (measured
from the center of the trunk) of any tree eighteen inches in diameter or more
unless compliance with this subsection would unreasonably burden the
development. For purposes of this subsection, a drip line is defined as a perimeter
formed by the points farthest away from the trunk of a tree where precipitation
falling from the branches of that tree lands on the ground.
(c) The retention or protection of significant trees and significant stands of
trees as provided in Subsections (a) and (b) unreasonably burdens a development
if, to accomplish such retention or protection, the desired location of
improvements on a lot or the proposed activities on a lot would have to be
substantially altered and such alteration would work an unreasonable hardship
upon the developer.
(d) When significant trees or significant stands of trees are present on a site
for which a land use permit is submitted, the applicant shall provide a tree survey,
showing size, type, and location of all significant trees and stands of trees.
Critical root zones shall be fenced prior to construction with orange plastic mesh
fencing or approved equivalent. Any significant trees removed because their
retention would unreasonably burden a development shall be replaced with five-
gallon-sized native species at a ratio of 3:1. If the replacement trees are to be
planted on building lots, the developer shall provide adequate protection from
damage during construction, or planting shall occur after construction, in which
case a planting plan and security shall be provided to ensure their planting.
(e) If it is physically impossible to replant all replacement trees on-site, then
the applicant may mitigate the loss of trees by either planting trees on public
property within the city as approved by the community development director,
and/or paying a mitigation fee into the city's tree mitigation in-lieu fund. This fee
shall be set forth in the city's fee resolution, and equal the cost of the trees and
planting labor.
(f) If any significant tree identified to be protected pursuant to this section is
removed or damaged to the extent that its ability to survive is seriously
threatened, without the city's prior written consent, the loss shall be remedied
pursuant to Section 20.28.040(c) (Penalties and Remedies for Violations), with
the understanding that each tree so removed or damaged shall be counted as a
separate violation.
ORDINANCE NO. 2015-XXX
(g) If space that would otherwise be devoted to parking cannot be so used
because of the requirements of Subsections (a) or (b), and, as a result, the parking
requirements set forth in Chapter 20.72 (Parking) cannot be satisfied, the number
of required spaces may be reduced by the number of spaces "lost" because of the
provisions of Subsections (a) and (b), up to a maximum of fifteen percent of the
required spaces.
Section 15. Arlington Municipal Code Subsection 20.88.220 shall be amended
to read as follows:
20.88.220 - Allowed activities.
Unless specifically prohibited elsewhere in this chapter, or unless the use affects a
critical area structure, function or value, the following uses are allowed in any
environmentally critical area:
(1) Conservation or preservation of soil, water, vegetation, fish, shellfish, and
other wildlife.
(2) Outdoor recreational activities (including fishing, bird watching, hiking,
boating, swimming, canoeing, etc.) and aquatic recreation facilities (docks, piers,
boat mooring buoys, marinas and associated uses, swimming areas, parks, etc.)
unless otherwise prohibited from a particular area because of site-specific issues.
(3) When approval is granted by the city, the harvesting of wild crops in a
manner that is not injurious to natural reproduction of such crops and provided the
harvesting does not require tilling of soil, planting of crops, or alteration of the
wetland by changing existing topography, water conditions or water sources.
(4) Education, scientific research, and use of nature trails.
(5) Navigation aids and boundary markers.
(6) Site investigative work necessary for land use application submittals such
as surveys, soil logs, percolation tests and other related activities. In every case,
impacts shall be minimized and disturbed areas shall be immediately restored.
(7) Normal maintenance, repair, or operation of existing structures, facilities,
or improved areas.
(8) Installation or construction of city road right-of-way; or installation,
replacement, operation, repair, alteration, or relocation of all sewer, water, natural
gas, cable communication, telephone, or other utility lines, pipes, mains,
equipment or appurtenances, not including substations or other buildings, only
when required by the city and approved by the community development director.
ORDINANCE NO. 2015-XXX
(9) Environmentally critical area restoration work or relocation work which
would improve the function of the environmentally critical area, when done
pursuant to a plan approved by the city.
(10) Implementation of vegetated LID facilities within the outer 25 percent of
the critical area buffer.
Section 16. 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 preempted by state or federal law or regulation, such decision or
preemption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 17. Effective Date. The title of this ordinance which summarizes the
contents shall be published in the official newspaper of the City. The ordinance shall
take effect and be in full force five (5) days after the date of publication.
PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF
ON THE ____ DAY OF ________________, 2015.
CITY OF ARLINGTON, WASHINGTON
_________________________________
Barbara Tolbert, Mayor
ATTEST/AUTHENTICATED:
_______________________________
Kristin Banfield, City Clerk
ORDINANCE NO. 2015-XXX
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
ORDINANCE NO. 2015-XXX
ORDINANCE NO. 2015-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 13.28 OF THE ARLINGTON MUNICIPAL CODE
RELATING TO LOW IMPACT DEVELOPMENT (LID) STANDARDS
WHEREAS, the City of Arlington is required to plan under RCW 36.70A.040 and
has authority to regulate stormwater pursuant to RCW Chapters 35A.80 and 35.67; and
WHEREAS, the City wishes to incorporate into its design guidelines provisions
encouraging low impact development (LID) into its stormwater code; and
WHEREAS, the City Council deems the adoption of these regulations to be in the
best interests of the citizens of Arlington;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
does ordain as follows:
Section 1. Arlington Municipal Code Section 13.28.030 shall be amended to
read as follows:
13.28.030 - Purpose. The purpose of this code is to:
(1) Provide for the planning, security, design, construction, use, maintenance,
repair and inspection of the public and private storm and surface water
systems, and to protect the life, health, and property of the general
public;
(2) Establish programs consistent with federal and state regulations which
assure the quality of the water in such systems;
(3) Minimize water quality and quantity impacts causing degradation and
sedimentation of creeks, streams, ponds, lakes, and other water bodies;
(4) Preserve and enhance the suitability of waters for contact recreation, fish
and wildlife habitat, and aesthetics;
(5) Maintain and protect valuable groundwater quality, locations, and flow
patterns including points of recharge and discharge;
(6) Encourage the use of low impact development (LID) best management
practices when site characteristics support their operation in a cost
effective manner.
(76) Minimize the chance of flooding;
(87) Ensure the safety of public roads and rights-of-way;
ORDINANCE NO. 2015-XXX
(98) Decrease drainage related damage to public and private property;
and
(109) Provide for the enforcement of the provisions of this code.
Section 2. Arlington Municipal Code Section 13.28.060 shall be amended to
read as follows:
13.28.060 - Definitions. The following words and phrases, when used in this code,
shall have the following meanings:
"AMC" means Arlington Municipal Code.
"As-built" means a final approved drawing of the actual installation of
structures, materials and equipment that meets the requirements specified in the most
recent edition of the Engineering Standards.
"Best management practice" (BMP) means those physical, structural and/or
managerial practices that, when used individually or in combination, prevent or
reduce structural damage, soil erosion, and water pollution. BMPs include, but are
not limited to, structural solutions covered by the terms "best available technology"
(BAT) and "all known available and reasonable methods of treatment" (AKART).
“Bioretention” means engineered facilities that treat stormwater by passing it
through a specified soil profile, and either retain or detain the treated stormwater for
flow attenuation. Refer to the Chapter 7 of Volume V of the Stormwater Manual for
bioretention BMP types and design specifications.
“Certified Erosion and Sediment Control Lead (CESCL)” means an individual
who has current certification through an approved erosion and sediment control
training program that meets the minimum training standards established by the
Washington Department of Ecology (Ecology) (see BMP C160 in the Stormwater
Manual). A CESCL is knowledgeable in the principles and practices of erosion and
sediment control. The CESCL must have the skills to assess site conditions and
construction activities that could impact the quality of stormwater and, the
effectiveness of erosion and sediment control measures used to control the quality of
stormwater discharges. Certification is obtained through an Ecology approved
erosion and sediment control course.
"City" means the city of Arlington, Washington unless otherwise specified.
"Comprehensive stormwater plan" means the latest version of the city of
Arlington Comprehensive Stormwater Plan as adopted by the city council.
"Conveyance system" means that part of the drainage system that conveys storm
and surface water, including pipes, storage facilities, catch basins, ditches, swales,
and stream courses.
ORDINANCE NO. 2015-XXX
"Detention facility" means an above or below ground facility, such as a pond or
vault, that temporarily stores stormwater runoff and subsequently releases it at a
slower rate than it is collected by the drainage facility.
"Director" means the director of the Arlington Public Works Department, or
designated representative.
“Discharge point” means the location where a discharge leaves the storm and
surface water system through the facilities/BMPs designed to infiltrate.
"Drainage connection permit" means a permit which is required to connect to an
existing public drainage system, construct a new private drainage system, or modify
an existing private drainage system.
"Drainage system". See "storm and surface water system."
“Effective impervious surface” means impervious surfaces that are connected
via sheet flow or discrete conveyance to a drainage system. Impervious surfaces are
considered ineffective if:
1) the runoff is dispersed through at least one hundred feet of native vegetation
in accordance with BMP T5.30 – “Full Dispersion” as described in Chapter 5 of
Volume V of the Stormwater Manual;
2) residential roof runoff is infiltrated in accordance with Downspout Full
Infiltration Systems in BMP T5.10A in Volume III of the Stormwater Manual;
or
3) approved continuous runoff modeling methods indicate that the entire runoff
file is infiltrated.
"Emergency" means any natural or human-caused event or set of circumstances
that disrupts or threatens to disrupt or endanger the operation, structural integrity or
safety of the drainage system; or endangers the health and safety of the public; or
aquatic inhabitants; or otherwise requires immediate action by the utility.
"Engineering standards" means the most recent edition of the City of Arlington
Public Works Design and Construction Standards and Specifications manual, which
include minimum requirements for the design and construction of storm and surface
water drainage facilities.
“Erodible or leachable materials” means wastes, chemicals, or other substances
that measurably alter the physical or chemical characteristics of runoff when exposed
to rainfall. Examples include erodible soils that are stockpiled, uncovered process
wastes, manure, fertilizers, oily substances, ashes, kiln dust, and garbage dumpster
leakage.
"Equivalent service unit" (ESU) means the measure of impervious area to be
used by the utility in assessing service charges against a parcel of property. One ESU
is equal to six thousand square feet of impervious area.
ORDINANCE NO. 2015-XXX
“Hard surface” means an impervious surface, a permeable pavement, or a
vegetated roof.
"Illicit discharge" means any discharge to a the storm and surface water system
municipal separate storm sewer that is not composed entirely of stormwater, except
discharges as allowed by this code.
"Illicit discharge detection and elimination (IDDE) program" means a program
designed to detect and eliminate illicit discharges through education, enforcement, or
other measures available to the utility under this code. The IDDE program is both
reactive and proactive. The program is reactive in addressing spills and other illicit
discharges to the stormwater drain systems that are found. The program is proactive
in preventing and eliminating illicit discharges through education, training and
enforcement.
"Impervious area" means the non-vegetatedhard surface area that eitherwhich
prevents or retards the entry of water into the soil mantle as under natural conditions
prior to development. and/or A non-vegetated surface area which causes water to run
off the surface in greater quantities or at an increased rate of flow from that the flow
present under natural conditions prior to development. Common impervious surfaces
include, but are not limited to, roof tops, walkways, patios, driveways, parking lots
or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials,
and oiled macadam or other surfaces which similarly impede the natural infiltration
of surface and stormwater runoff. Open retention/detention facilities and
stormwatervegetated wetlands shall not be considered as impervious surfaces for the
purposes of this section when the area of open water was incorporated in to the
designdetermining whether the thresholds for application of minimum requirements
are exceeded. Open, uncovered retention/detention facilities shall be considered
impervious surfaces for purposes of runoff modeling. An area or property may be
deemed impervious whether or not the same is occupied or inhabited.
“Land disturbing activity” means any activity that results in a change in the
existing soil cover (both vegetative and non-vegetative) and/or the existing soil
topography. Land disturbing activities include, but are not limited to clearing,
grading, filling, and excavation. Compaction that is associated with stabilization of
structures and road construction shall also be considered a land disturbing activity.
Vegetation maintenance practices, including landscape maintenance and gardening,
are not considered land-disturbing activity. Stormwater facility maintenance is not
considered land disturbing activity if conducted according to established standards
and procedures.
“Low Impact Development (LID)” means a stormwater and land use
management strategy that strives to mimic pre-disturbance hydrologic processes of
infiltration, filtration, storage, evaporation and transpiration by emphasizing
conservation, use of on-site natural features, site planning, and distributed
stormwater management practices that are integrated into a project design.
ORDINANCE NO. 2015-XXX
“LID Best Management Practices (BMPs)” means distributed stormwater
management practices, integrated into a project design, that emphasize pre-
disturbance hydrologic processes of infiltration, filtration, storage, evaporation and
transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens,
permeable pavements, roof downspout controls, dispersion, soil quality and depth,
minimal excavation foundations, vegetated roofs, and water re-use.
“LID principles” means land use management strategies that emphasize
conservation, use of on-site natural features, and site planning to minimize
impervious surfaces, native vegetation loss, and stormwater runoff.
“Maintenance” means repair and maintenance includes activities conducted on
currently serviceable structures, facilities, and equipment that involves no expansion
or use beyond that previously existing and results in no significant adverse
hydrologic impact. It includes those usual activities taken to prevent a decline, lapse,
or cessation in the use of structures and systems. Those usual activities may include
replacement of dysfunctional facilities, including cases where environmental permits
require replacing an existing structure with a different type structure, as long as the
functioning characteristics of the original structure are not changed. One example is
the replacement of a collapsed, fish blocking, round culvert with a new box culvert
under the same span, or width, of roadway. In regard to stormwater facilities,
maintenance includes assessment to ensure ongoing proper operation, removal of
built up pollutants (i.e., sediments), replacement of failed or failing treatment media,
and other actions taken to correct defects as identified in the maintenance standards
of Chapter 4, Volume V of the Stormwater Manual.
"Maintenance standards" means City of Arlington Stormwater Utility
Maintenance Standards which includes minimum requirements for maintaining
drainage facilities so they function as intended and provide water quality protection
and flood control, maintenance standards are identified or referenced in the
engineering standards. Maintenance of stormwater management systems located in
critical areas buffers will be required to follow an approved plan approved by the
natural resources manager.
"Maximum extent practicable or MEP" refers to paragraph 402(p)(3)(B)(iii) of
the federal Clean Water Act which reads as follows: Permits for discharges from
municipal storm sewers shall require controls to reduce the discharge of pollutants to
the maximum extent practicable, including management practices, control
techniques, and system, design, and engineering methods, and other such provisions
as the Administrator or the State determines appropriate for the control of such
pollutants. means the use of best management practices that are technically and
financially achievable, and are the technically sound and financially responsible,
non-numeric criteria (standard of compliance) applicable to all municipal stormwater
discharges through the implementation of "best management practices."
"National Pollution Detection and Elimination System Phase II Municipal
Stormwater Permit" (NPDES II) means the permit first issued to the city by the
ORDINANCE NO. 2015-XXX
Washington Department of Ecology on February 16, 2007, and as may be
subsequently revised and reissued, and which contains federal and state conditions to
which the utility must comply.
“Native vegetation” means vegetation comprised of plant species, other than
noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and
which reasonably could have been expected to naturally occur on the site. Examples
include trees such as Douglas Fir, western hemlock, western red cedar, alder, big-
leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and
salal; and herbaceous plants such as sword fern, foam flower, and fireweed.
“New development” means land disturbing activities, including Class IV -
general forest practices that are conversions from timber land to other uses; structural
development, including construction or installation of a building or other structure;
creation of hard surfaces; and subdivision, short subdivision and binding site plans,
as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of
redevelopment shall not be considered new development.
"One hundred year, twenty-four hour storm" means a storm with twenty-four-
hour duration with a 0.01 probability of exceedance in any one year.
"Operations and maintenance manual" means a document prepared by the owner
and/or operator of a private drainage system as part of the drainage connection
permit application or the stormwater credit application, approved by utility
reviewers, and revised and included with the as-built submittal. The O&M Manual
for a property becomes the basis for evaluation during private drainage stormwater
treatment and flow control BMP/facility inspections.
“Outfall” means a point source as defined by 40 CFR 122.2 at the point where a
discharge leaves the storm and surface water system and enters a surface receiving
waterbody or surface receiving waters. Outfall does not include pipes, tunnels, or
other conveyances which connect segments of the same stream or other surface
waters and are used to convey primarily surface waters (i.e., culverts).
“On-site Stormwater Management BMPs” is a synonym for Low Impact
Development BMPs.
“Permeable pavement” means pervious concrete, porous asphalt, permeable
pavers or other forms of pervious or porous paving material intended to allow
passage of water through the pavement section. It often includes an aggregate base
that provides structural support and acts as a stormwater reservoir.
“Pervious Surface” means any surface material that allows stormwater to
infiltrate into the ground. Examples include lawn, landscape, pasture, native
vegetation areas, and permeable pavements.
"Pollution" means the contamination or other alteration of the physical,
chemical, or biological properties of any natural waters including change in
temperature, taste, color, turbidity, or odor of the waters, or the discharge of any
liquid, gaseous, solid, radioactive, or other substance into any such waters as will, or
ORDINANCE NO. 2015-XXX
is likely to, create a nuisance or render such waters harmful, detrimental, or injurious
to the public health, safety, or welfare, or to domestic, commercial, industrial,
agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild
animals, birds, fish or other aquatic life, per RCW 90.48.20.
“Pollution-generating hard surface (PGHS)” means those hard surfaces
considered to be a significant source of pollutants in stormwater runoff. See the
listing of surfaces under pollution-generating impervious surface.
“Pollution-generating impervious surface (PGIS)” means those impervious
surfaces considered to be a significant source of pollutants in stormwater runoff.
Such surfaces include those which are subject to: vehicular use; industrial activities
(as further defined in the glossary of the Stormwater Manual); storage of erodible or
leachable materials, wastes, or chemicals, and which receive direct rainfall or the
run-on or blow-in of rainfall; metal roofs unless they are coated with an inert, non-
leachable material (e.g., baked-on enamel coating); or roofs that are subject to
venting significant amounts of dusts, mists, or fumes from manufacturing,
commercial, or other indoor activities.
“Pollution-generating pervious surfaces (PGPS)” means any non-impervious
surface subject to vehicular use, industrial activities (as further defined in the
glossary of the Stormwater Manual; or storage of erodible or leachable materials,
wastes, or chemicals, and that receive direct rainfall or run-on or blow-in of rainfall,
use of pesticides and fertilizers, or loss of soil. Typical PGPS include permeable
pavement subject to vehicular use, lawns, and landscaped areas including: golf
courses, parks, cemeteries, and sports fields (natural and artificial turf).
“Pre-developed condition” means the native vegetation and soils that existed at a
site prior to the influence of Euro-American settlement. The pre-developed condition
shall be assumed to be a forested land cover unless reasonable, historic information
is provided that indicates the site was prairie prior to settlement.
"Procedure" means a procedure adopted by the utility, by and through the
director, to implement this code, or to carry out other responsibilities as may be
required by this code or other codes, ordinances, or resolutions of the city or other
agencies.
"Property owner" means any individual, company, partnership, joint venture,
corporation, association, society or group that owns or has a contractual interest in
the subject property or has been authorized by the owner to act on his/her behalf.
"Private system or private drainage stormwater treatment and flow control
BMP/facility" means any element of a storm and surface water system which is not a
part of the public drainage system as defined in this code.
"Public storm and surface water system, or public drainage system" means those
elements of the storm and surface water system:
(1) Located on property owned by the city or in public right-of-way; or
ORDINANCE NO. 2015-XXX
(2) Located on property on which the city has an easement, license or other
right of use for utility purposes.
“Rain garden” means a non-engineered shallow landscaped depression, with
compost-amended native soils and adapted plants. The depression is designed to
pond and temporarily store stormwater runoff from adjacent areas, and to allow
stormwater to pass through the amended soil profile.
“Receiving waterbody or Receiving waters” means naturally and/or
reconstructed naturally occurring surface water bodies, such as creeks, streams,
rivers, lakes, wetlands, estuaries, and marine waters, or groundwater, to which a
storm and surface water system discharges.
"Redevelopment" means, on a currently developed site that is already
substantially developed (i.e., has 35% or more of existing hard surface coverage), the
creation or addition of impervious hard surfaces; the expansion of a building
footprint or addition or replacement of a structure; structural development including
construction, installation, or expansion of a building or other structure; and/or
replacement of impervious hard surface that is not part of a routine maintenance
activity; and land or vegetation disturbing activities associated with structural or
impervious development.
“Replaced hard surface” for structures means the removal and replacement of
hard surfaces down to the foundation. For other hard surfaces, it means the removal
down to bare soil or base course and replacement.
“Replaced impervious surface” for structures means the removal and
replacement of impervious surfaces down to the foundation. For other impervious
surfaces, it means the removal down to bare soil or base course and replacement.
"Runoff control BMPs" means best management practices that are intended to
control or manage the rate and/or quantity of stormwater runoff.
"Service charge" means the monthly fee levied by the utility upon all real
property within the boundary of the utility as authorized herein.
"Source control BMPs" means best management practicesa structure or
operation that isare intended to prevent pollutants from coming into contact
withentering stormwater and surface water through physical separation of areas or
careful management of activities that are sources of pollutants. Volume IV of the
Stormwater Manual includes two types of source control BMPs. Structural source
control BMPs are physical, structural, or mechanical devices, or facilities that are
intended to prevent pollutants from entering stormwater. Operational BMPs are non-
structural practices that prevent or reduce pollutants from entering stormwater.
"Storm and surface water system" (also referred to as the drainage system),
means the entire system within the city, both public and private, naturally existing
and manmade, for the drainage, conveyance, detention, treatment or storage of storm
and surface waters. However, facilities directly associated with buildings or
structures such as foundation drains, rockery/retaining wall drains, gutters and
ORDINANCE NO. 2015-XXX
downspouts or groundwater are not considered parts of the storm and surface water
system.
"Stormwater credit manual" a manual detailing procedures and requirements for
receiving credit against the monthly stormwater utility bill through education, proper
installation and maintenance of on-site, private stormwater systems. It is the city's
intent to encourage sound technical design and maintenance practices that reduce the
negative impact of development on the drainage system through a simple but
effective credit system.
"Stormwater management program" (SWMP) is a set of actions and activities
which constitute a work plan for meeting the conditions of the city's NPDES II
Stormwater Discharge Permit and reduce our overall impact on the natural
environment.
"Stormwater manual" means the 2005 most current version of the Washington
Department of Ecology Stormwater Management Manual for Western Washington,
as hereby adopted.
"Stormwater manual administrator" is the public works director or their
designee. This person acts on the city's behalf to interpret matters associated with the
stormwater manual and to grant adjustments that are consistent with stormwater
manual objectives.
“Stormwater Treatment and Flow Control BMPs/Facilities” means detention
facilities, treatment BMPs/facilities, bioretention, vegetated roofs, and permeable
pavements that help meet Minimum Requirements #6 (treatment), #7 (flow control),
or both from the SWMMWW..
"Stream" means any channels as defined in AMC 20.88.100. These include
areas where surface waters flow sufficiently to produce a defined channel, bed or
swale where flow may be perennial or intermittent. This definition is not meant to
include ditches constructed to convey: ephemeral stormwater flows; irrigation water;
or other entirely artificial watercourses, unless they are used to convey certain
streams naturally occurring prior to construction.
"Unsafe condition" means any condition on any premises which is a hazard to
public health or safety that does or may impair or impede the operation or
functioning of any portion of the public drainage system or which may cause damage
thereto.
"Utility" means the stormwater utility, within the utilities division of the public
works department of the city of Arlington.
"Utility service area" means that service area defined by the city of Arlington
city limits and as may be expanded through subsequent inter-local agreements,
annexations and special utility district assumptions.
“Waters of the State” includes those waters as defined as "waters of the United
States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington
ORDINANCE NO. 2015-XXX
State and "waters of the state" as defined in chapter 90.48 RCW which includes
lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all
other surface waters and water courses within the jurisdiction of the State of
Washington.
Section 3. Arlington Municipal Code Section 13.28.070 shall be amended to
read as follows:
13.28.070 - Applicability of the utility.
Any of the following actions or applications for any of the following permits
and/or approvals will require submittal for approval by the utility: site plans, design
drawings, and operations and maintenance plans. Submittals for the following shall
be consistent with the provisions of this code, and shall comply with the stormwater
manual and the engineering standards:
(1) Any modification of an existing drainage system;
(2) Creation of new or additional impervious hard surfaces;
(3) New development;
(4) Redevelopment that creates or alters impervious hard surfaces;
(5) Land disturbing activities, including construction, clearing, grubbing,
grading, filling, excavation or dewatering;
(6) Subdivision approval;
(7) Short subdivision approval;
(8) Commercial, industrial or multi-family site plan approval;
(9) Planned unit development or planned residential development;
(10) Development within or adjacent to critical areas; and
(11) Substantial development permit required under RCW 90.58 (Shoreline
Management Act).
Section 4. Arlington Municipal Code Section 13.28.080 shall be amended to
read as follows:
13.28.080 - Authority of the utility.
The utility, by and through its director, or designee shall have the authority to:
(1) Develop, adopt and carry out procedures as needed to implement this code and to
carry out other responsibilities of the utility, including, but not limited to,
procedures pertaining to the billing and collection of monthly service charges
ORDINANCE NO. 2015-XXX
and procedures for periodic adjustment of fees and charges imposed pursuant to
this code and rate structure as defined in AMC 13.12
(2) Prepare and update as needed engineering standards to establish minimum
requirements for the design and construction of drainage facilities and
requirements for protecting existing facilities during construction. The
engineering standards shall be consistent with this code and adopted city
policies.
(3) Administer and enforce this code and all procedures relating to the planning,
acquisition, security, design, review, construction, inspection and maintenance
of all new public and private stormwater treatment and flow control and surface
water BMPs/facilities and relating to the regulation of storm and surface water
system alterations.
(4) Enter into any contract pursuant to Chapter 35.91 RCW, the Municipal Water and
Sewer Facilities Act, including contracts which provide for the reimbursement
of owners constructing facilities (latecomer agreements) and agreements with
private property owners.
(5) Prepare, update, administer and enforce as needed, maintenance standards to
establish minimum requirements for the maintenance of drainage facilities so
they function as intended, protect water quality and provide flood flow control.
(6) Develop and implement a program that includes administration, inspection,
education, and enforcement of private drainage facilities to ensure continued
compliance of drainage facilities with this code.
(7) Advise the city council, city administrator and other city departments and
commissions on matters relating to the utility.
(8) Prepare, revise as needed, recommend and iImplement a comprehensive
stormwater plan for adoption by the city council, and revise as needed. and
Pprepare basin plans and other studies that are approved in the utility's adopted
budget.
(9) Develop a stormwater management program, as required by state and/or federal
agencies.
(10) Develop an illicit discharge detection and elimination program, as required
by state and/or federal agencies.
(11) Establish and implement programs to protect and maintain water quality
and to manage stormwater runoff within the storm and surface water system in
order to maintain compliance to the maximum extent practicable with applicable
water quality standards established by state and/or federal agencies as now or
hereafter adopted.
(12) Perform or direct the performance of financial review and analysis of the
utility's revenues, expenses, indebtedness, rates and accounting and recommend
budgets, rates and financial policy for adoption by the city council.
ORDINANCE NO. 2015-XXX
(13) Carry out such other responsibilities as required by this code or other city
codes, ordinances or regulations consistent with the Arlington Comprehensive
Plan.
(14) Terminate utility service, including wat er and sewer service, to any utility
customer who is violating any provision of this code, to the extent permitted by
law.
(15) Conduct public education programs related to protection and enhancement
of the drainage systemdesigned to reduce or eliminate behaviors and practices
that cause or contribute to adverse stormwater impacts and encourage the public
to participate in stewardship activities.
(16) Provide ongoing opportunities for public involvement and participation.
(176) Develop an underground injection control program to manage stormwater
infiltration systems, as required by state and/or federal agencies.
Section 5. Arlington Municipal Code Section 13.28.090 shall be amended to
read as follows:
13.28.090 - Comprehensive stormwater plan.
A Ccomprehensive Sstormwater Pplan shall bewas developed by the utility for
review and adoption by the city council and adopted by the City Council in October
2010 . This plan will be updated in the future as needed. The utility shall recommend
supplements or updated plans for adoption by the city council as needed.
Section 6. Arlington Municipal Code Section 13.28.130(G) shall be amended to
read as follows:
(G) In the case of runoff stormwater treatment and flow control
BMPs/facilities, the facility serves a residential subdivision or short plat, rather
than a commercial property; and
Section 7. Arlington Municipal Code Section 13.28.140 shall be amended to
read as follows:
13.28.140 - Permits—Approvals.
Drainage connection permit.
(1) A drainage connection permit is required to connect to or modify the
public drainage system or modify a private drainage system,
(2) The property owner shall apply for a drainage connection permit whenever
new development or redevelopment involves any of the following:
ORDINANCE NO. 2015-XXX
(A) Detention or other runoff flow control facilities; or
(B) Runoff Stormwater treatment facilities, other than spill control structures;
or
(C) Work on the public drainage system or within the right-of-way:
(D) Culverts for driveways that can be covered under another permit such as a
grading or right-of-way permit; or
(E) Work on private drainage systems that may or may not be covered under
another permit such as a building or grading permit.
(3) A drainage connection permit application must be made by the property
owner or their licensed and bonded contractor.
(4) Drainage connection permit issuance date will coincide with the site/civil
permit approval date and shall expire eighteen months from the date of issuance,
or as otherwise specified in the engineering standards.
(5) The utility will accept constructed facilities as complete once the facilities
have been constructed according to the approved plans and specifications, as
confirmed by utility inspectors and as-built drawings along with a final O&M
manual have been completed as specified in the engineering standards; and all
applicable fees and charges have been paid. Ownership of newly constructed
stormwater drainage systems within the public right-of-way or in easements
conveyed to the city shall be transferred to the city through a bill of sale.
(6) Contractors. Contractors shall be licensed in accordance with Washington
State requirements and shall be registered with the city of Arlington.
(7) The city engineer, or their designee, shall administratively determine
submittal requirements for all permits pertaining to stormwater system design and
construction.
(8) When an application for drainage connection, new drainage system, or
drainage modification is required, it shall be the property owner's responsibility to
design all drainage facilities required to serve the property including, but not
limited to, conveyance systems, runoff treatment best management practices,
detention facilities and other system components, in accordance with engineering
standards and the requirements of this code.
Civil permit.
(1) All stormwater review submittals for projects with greater than 2,000 square feet
of new, replaced, or new plus replaced impervious surfaces shall include, in
addition to the information required under any other applicable city code, a
stormwater site plan, as described in the Stormwater Manual.
(1)(2) The City’s Community and Economic Development Director or designee
shall review all plans for compliance with this chapter.
(3) The director may administratively, without hearing, approve and issue a Civil
permit when required by the Stormwater Manual if the proposed activity
complies with requirements in this chapter.
(4) Fees. Application, review and inspection fees as set in the City of Arlington Fee
Schedule shall be paid.
ORDINANCE NO. 2015-XXX
Section 8. Arlington Municipal Code Section 13.28.150 shall be amended to
read as follows:
13.28.150 - Engineering and design requirements.
(a) General
(1) Authorities. The stormwater engineering and design requirements of the
city, including but not limited to thresholds, definitions, minimum
requirements, adjustment and variance criteria, and exceptions to these
requirements, shall be governed by the 2005 Department of Ecology
Stormwater Manual, the city of Arlington Engineering Standards, and all
provisions of this code, including permits issued under Section 13.28.120,
and including differences identified elsewhere in 13.28.130. In the event of
conflicts between the various provisions, the most restrictive provision shall
apply.
(2) Divergence fFrom the Stormwater Manual. Design, construction,
maintenance, and other requirements to be applied on projects within the
city may differ from the Sstormwater Mmanual, and may be modified from
time to time in order to meet regulatory requirements or to take advantage
of improved technology or advancements in best available science. All such
requirements which differ from those of the Sstormwater Mmanual shall be
clearly identified within the engineering standards or within permits issued
by the city.
(3) Low Impact Development (LID). Nothing in this AMC 13.28 is intended
to preclude the use of non-structural preventative actions and source
reduction approaches as alternatives to the engineering and design
requirements identified herein, and in the stormwater manual and the
Eengineering Sstandards. These measures include LID techniques which
minimize the creation of impervious surfaces and the disturbance of native
soils and vegetation. The city's LID code and procedures shall be specified
in AMC Title 20 - Land Use Code and in the city of Arlington Engineering
Standards.
(b) Thresholds and Minimum Requirements
(1) Applicability
All new and redevelopment projects in Arlington are subject to some or all of
the Minimum Requirements in the Stormwater Manual and summarized in this
section.
New development
All new development shall be required to comply with Minimum Requirement
#2.
ORDINANCE NO. 2015-XXX
The following new development shall comply with Minimum Requirements #1
through #5 for the new and replaced hard surfaces and the land disturbed:
Results in 2,000 square feet, or greater, of new plus replaced hard surface
area, or
Has land disturbing activity of 7,000 square feet or greater
The following new development shall comply with Minimum Requirements #1
through #9 for the new and replaced hard surfaces and the converted vegetation
areas:
Results in 5,000 square feet, or greater, of new plus replaced hard surface
area, or
Converts 3/4 acres, or more, of vegetation to lawn or landscaped areas, or
Converts 2.5 acres, or more, of native vegetation to pasture.
Redevelopment
All redevelopment shall be required to comply with Minimum Requirement #2.
The following redevelopment shall comply with Minimum Requirements #1
through #5 for the new and replaced hard surfaces and the land disturbed:
Results in 2,000 square feet, or greater, of new plus replaced hard surface
area, or
Has land disturbing activity of 7,000 square feet or greater
The following redevelopment shall comply with Minimum Requirements #1
through #9 for the new and replaced hard surfaces and the converted vegetation
areas:
Results in 5,000 square feet, or greater, of new hard surfaces, or
Converts 3/4 acres, or more, of vegetation to lawn or landscaped areas, or
Converts 2.5 acres, or more, of native vegetation to pasture.
(2) Minimum Requirements
This section describes the Minimum Requirements for stormwater management
for new development and redevelopment projects which meet the thresholds
summarized in 13.28.150(b)(1).
Minimum Requirement #1: Preparation of Stormwater Site Plans
The project proponent shall prepare a Stormwater Site Plan in accordance with
Chapter 3 of Volume I of the Stormwater Manual. The Stormwater Site Plan shall be
designed by or under the direction of a civil engineer licensed to practice in
Washington State. The Stormwater Site Plan is a comprehensive report that contains
all of the technical information and analysis necessary for the City to evaluate a
ORDINANCE NO. 2015-XXX
proposed new development or redevelopment for compliance with stormwater
requirements.
Minimum Requirement #2: Construction Stormwater Pollution Prevention Plan
(SWPPP)
All new development and redevelopment projects are responsible for preventing
erosion and discharge of sediment and other pollutants into receiving waters.
Projects which result in 2,000 square feet or more of new plus replaced hard surface
area, or which disturb 7,000 square feet or more of land must prepare a Construction
SWPPP as part of the Stormwater Site Plan (see Minimum Requirement 1) in
accordance with Chapter 2 of Volume I of the Stormwater Manual.
Projects that result in less than 2,000 square feet of new plus replaced hard surface
area, or disturb less than 7,000 square feet of land are not required to prepare a
Construction SWPPP, but must consider all of the 13 Elements of Construction
Stormwater Pollution Prevention and develop controls for all elements that pertain to
the project.
The 13 Elements are listed below.
(1) Preserve Vegetation/Mark Clearing Limits
(2) Establish Construction Access
(3) Control Flow Rates
(4) Install Sediment Controls
(5) Stabilize Soils
(6) Protect Slopes
(7) Protect Drain Inlets
(8) Stabilize Channels and Outlets
(9) Control Pollutants
(10) Control De-Watering
(11) Maintain BMPs
(12) Manage the Project
(13) Protect Low Impact Development BMPs
Minimum Requirement #3: Source Control of Pollution
All known, available and reasonable source control BMPs must be applied to all
projects meeting the thresholds in this section. Source control BMPs must be
selected, designed, and maintained in accordance with Volume IV of the Stormwater
Manual.
ORDINANCE NO. 2015-XXX
Minimum Requirement #4: Preservation of Natural Drainage Systems and
Outfalls
Natural drainage patterns shall be maintained, and discharges from the project site
shall occur at the natural location, to the maximum extent practicable. The manner
by which runoff is discharged from the project site must not cause a significant
adverse impact to downstream receiving waters and downgradient properties. All
outfalls require energy dissipation.
Minimum Requirement #5: On-site Stormwater Management
Projects shall employ On-site Stormwater Management BMPs in accordance with
the following projects thresholds, standards, and lists to infiltrate, disperse, and retain
stormwater runoff on-site to the extent feasible without causing flooding or erosion
impacts.
Projects qualifying as flow control exempt in accordance with Chapter 2 of Volume I
of the Stormwater Manual do not have to achieve the LID performance standard, nor
consider bioretention, rain gardens, permeable pavement, and full dispersion if using
List #1 or List #2. However, those projects must implement BMP T5.13; BMPs
T5.10A, B, or C; and BMP T5.11or T5.12 from the Stormwater Manual, if feasible.
Projects triggering only Minimum Requirements #1 through #5 shall either:
(1) Use On-site Stormwater Management BMPs from List #1 for all surfaces
within each type of surface in List #1; or
(2) Demonstrate compliance with the LID Performance Standard. Projects
selecting this option cannot use Rain Gardens. They may choose to use
Bioretention BMPs as described in Chapter 7 of Volume V of the Stormwater
Manual to achieve the LID Performance Standard.
Projects triggering Minimum Requirements #1 through #9, must meet the
requirements in Table 13.28-1.
Table 13.28-1. On-site Stormwater Management Requirements for Projects
Triggering Minimum Requirements #1 - #9
Project Type and Location Requirement
New development on any parcel inside the
UGA, or new development outside the
UGA on a parcel less than 5 acres
Low Impact Development Performance
Standard and BMP T5.13; or List #2
(applicant option).
New development outside the UGA on a
parcel of 5 acres or larger
Low Impact Development Performance
Standard and BMP T5.13.
Redevelopment on any parcel inside the Low Impact Development Performance
ORDINANCE NO. 2015-XXX
List #1: On-site Stormwater Management BMPs for Projects Triggering Minimum
Requirements #1 through #5
For each surface, consider the BMPs in the order listed for that type of surface
(Table 13.28-2). Use the first BMP that is considered feasible. No other On-site
Stormwater Management BMP is necessary for that surface. Feasibility shall be
determined by evaluation against:
1. Design criteria, limitations, and infeasibility criteria identified for each BMP in the
Stormwater Manual; and
2. Competing Needs Criteria listed in Chapter 5 of Volume V of the Stormwater
Manual.
Table 13.28-2. On-site Stormwater Management List #1
Surface Type BMPs
Lawn and landscaped
areas
Post-Construction Soil Quality and Depth in accordance
with BMP T5.13 in Chapter 5 of Volume V of the
Stormwater Manual
Roofs 1. Full Dispersion in accordance with BMP T5.30 in Chapter
5 of Volume V of the Stormwater Manual, or Downspout
Full Infiltration Systems in accordance with BMP T5.10A in
Section 3.1.1 of Volume III of the Stormwater Manual.
2. Rain Gardens in accordance with BMP T5.14A in Chapter
5 of Volume V, or Bioretention in accordance with Chapter
7 of Volume V of the Stormwater Manual. The rain garden
or bioretention facility must have a minimum horizontal
projected surface area below the overflow which is at least
5% of the area draining to it.
3. Downspout Dispersion Systems in accordance with BMP
T5.10B in Section 3.1.2 of Volume III of the Stormwater
Manual.
4. Perforated Stub-out Connections in accordance with BMP
T5.10C in Section 3.1.3 of Volume III of the Stormwater
Manual.
ORDINANCE NO. 2015-XXX
List #2: On-site Stormwater Management BMPs for Projects Triggering Minimum
Requirements #1 through #9
For each surface, consider the BMPs in the order listed for that type of surface
(Table 13.28-3). Use the first BMP that is considered feasible. No other On-site
Stormwater Management BMP is necessary for that surface. Feasibility shall be
determined by evaluation against:
1. Design criteria, limitations, and infeasibility criteria identified for each BMP in the
Stormwater Manual; and
2. Competing Needs Criteria listed in Chapter 5 of Volume V of the Stormwater
Manual.
Table 13.28-3. On-site Stormwater Management List #2
Surface Type BMPs
Lawn and landscaped
areas
Post-Construction Soil Quality and Depth in accordance
with BMP T5.13 in Chapter 5 of Volume V of the
Stormwater Manual
Roofs 1. Full Dispersion in accordance with BMP T5.30 in Chapter
5 of Volume V of the Stormwater Manual, or Downspout
Full Infiltration Systems in accordance with BMP T5.10A in
Section 3.1.1 of Volume III of the Stormwater Manual.
2. Bioretention in accordance with Chapter 7 of Volume V
of the Stormwater Manual. The bioretention facility must
have a minimum horizontally projected surface area below
the overflow which is at least 5% of the total surface area
ORDINANCE NO. 2015-XXX
Minimum Requirement #6: Runoff Treatment
Project thresholds for the construction of stormwater treatment facilities are
presented in Table 13.28-4 and include:
Projects in which the total of effective, pollution-generating impervious
surface (PGIS) is 5,000 square feet or more in a threshold discharge area of
the project, or
Projects in which the total of pollution-generating pervious surfaces
(PGPS) is three-quarters (3/4) of an acre or more in a threshold discharge
area, and from which there is a surface discharge in a natural or man-made
conveyance system from the site.
Table 13.28-4. Treatment Requirements by Threshold Discharge Area
< ¾ acres of
PGPS
≥ ¾ acres
PGPS
<5,000 sf
PGIS
≥ 5,000 sf
PGIS
Treatment Facility X X
On-site Stormwater
BMPs
X X X X
ORDINANCE NO. 2015-XXX
Stormwater treatment facilities shall be:
• Selected in accordance with the process identified in Chapter 4 of Volume
I and Chapter 2 of Volume V of the Stormwater Manual
• Designed in accordance with the design criteria in Volume V of the
Stormwater Manual, and
• Maintained in accordance with the maintenance schedule in Volume V of
the Stormwater Manual
Minimum Requirement #7: Flow Control
Project thresholds for the construction of flow control facilities and/or on-site
stormwater management (Minimum Requirement #5) BMPs to achieve the flow
control requirement are shown in Table 13-28-5.
Table 13.28-5. Flow Control and On-site Stormwater Management
Requirements by Threshold Discharge Area
Flow Control Facilities On-site Stormwater
Management BMPs
< ¾ acres conversion to
lawn/landscape, or < 2.5 acres to
pasture
X
≥ ¾ acres conversion to
lawn/landscape, or ≥ 2.5 acres to
pasture
X X
< 10,000 square feet of effective
impervious area
X
≥ 10,000 square feet of effective
impervious area
X X
≥ 0.1 cubic feet per second increase in
the 100-year flood frequency (1)
X X
(1) Estimated using the Western Washington Hydrology Model or other
approved model.
Flow Control BMPs shall be selected, designed, and maintained in accordance with
Volume III of the Stormwater Manual.
Minimum Requirement #8: Wetlands Protection
ORDINANCE NO. 2015-XXX
All projects discharging into a wetland or its buffer, either directly or indirectly
through a drainage system, shall prevent impacts to wetlands that would result in a
net loss of functions or values. Projects shall comply with the requirements in the
Stormwater Manual.
Minimum Requirement #9: Operation and Maintenance
An operation and maintenance (O&M manual) is required for proposed stormwater
treatment and flow control facilities/BMPs (designed to meet Minimum
Requirements #6 and/or #7). The O&M Manual should be consistent with the
provisions in Volume V of the Stormwater Manual.
Section 9. Arlington Municipal Code Section 13.28.170(b)(1) shall be amended
to read as follows:
If the utility requires a property owner to upsize a drainage stormwater treatment
and/or flow control BMP/facility, the utility will compensate the property owner
for the difference in material cost between the normally sized facility and the
upsized facility, based on the lowest of three bids furnished by the property owner
from reputable licensed contractors. Upsizing means the difference between the
city's minimum design standards, as defined in the engineering standards, and the
required facility size.
Section 10. Arlington Municipal Code Section 13.28.190(b) shall be amended to
read as follows:
(b) Requirements. All of the following requirements shall be met before the
city will accept and approve any easement:
(1) Clear title in the grantor shall be demonstrated; and
(2) The proposed easement shall be compatible with utility clearance
standards and setback standards and with other utilities or easements; and
(3) The easement shall provide the city with access to the facility for
inspection, repair, and maintenance; and
(4) The easement shall prohibit all structures within the easement except those
which can readily be removed by the structure's owner at the owner's
expense when access to the drainage stormwater treatment and flow control
BMP/facility is required by the utility. If such structures are within the
easement area, an agreement to remove the structures on request by the
utility, approved by the city, shall be recorded; and
(5) The easement shall prohibit all vegetation and landscaping that may inflict
damage on the utility, or that will impede the utility from performing
ORDINANCE NO. 2015-XXX
necessary maintenance, repair, or replacement work on the utility located
within the easement. The utility may request the land owners upon whose
property the easement crosses to remove select vegetation and landscape. If
the land owners upon whose property the easement crosses fail to comply
with the request to remove vegetation and landscaping, the utility may
remove the landscaping with city employees or a licensed contractor at the
owner's expense.
(6) The easement dimensions and other requirements shall conform to the
engineering standards. The easement must be recorded prior to final
approval of the project.
(7) New easements will not be granted through areas that already have a
critical area protection easement, or other areas already identified as
vegetated buffers.
Section 11. Arlington Municipal Code Section 13.28.200 shall be amended to
read as follows:
13.28.200 - Construction requirements.
(a) General. When constructing or modifying drainage facilities, compliance is
required with this code, the engineering standards, the approved site/civil
permit, plans and specifications, the terms of any drainage connection permit,
the recommendations of the manufacturer of the materials or equipment used,
and any applicable local, state or federal requirements.
(b) Safety Requirements. Utility staff will perform inspections only if shoring and
other site conditions conform to WISHA safety standards and other safety
requirements, as applicable.
(c) Failure to Complete Work or Meet Requirements.
(1) The utility may complete public stormwater treatment and flow control
BMPdrainage /facility construction begun by a property owner or
contractor, or take steps to restore the site (such as backfilling trenches and
restoring the public right of way) if the work does not meet utility
requirements, the contractor or person doing the work fails to rectify the
problem following notification by the utility, and the work, in the opinion of
the utility, constitutes a hazard to public safety, health or the drainage
system.
(2) Utility costs incurred pursuant to Subsection (c)(1) of this section shall be
calculated pursuant to AMC 13.28.170 and charged to the owner or
contractor in charge of such work. The permittee shall pay the utility
immediately after written notification is delivered to the responsible parties
or is posted at the location of the work. Such costs shall constitute a civil
ORDINANCE NO. 2015-XXX
debt owed to the utility jointly and severally by such persons who have been
given notice as herein provided. The debt shall be collectable in the same
manner as any other civil debt owing the utility. In addition, if an assurance
device was collected for the project, the city may collect the debt from the
assurance device.
(3) If in the opinion of the director, the work being performed is not in
accordance with these codes or the engineering standards and the permittee
is unwilling to change or correct the deficiencies, the director may issue a
stop work order until the deficiencies are corrected.
(d) Authorized Drainage Construction. Only the following persons are authorized to
install drainage facilities:
(1) Contractors licensed in accordance with AMC 13.28.120(f).
(2) Property owners working on their own property.
(e) Posting of Drainage Connection Permit. If a drainage connection permit is
required for the work, the permit shall be readily available at the job site to
utility inspectors.
(f) Location of Connection. Connection to the drainage system shall be made at a
point approved by the utility.
(g) As-Built Drawings and O&M Manual. An as-built plan shall be completed
according to the requirements in the engineering standards and filed with the
utility prior to the city's acceptance of the improvements or final approval by the
utility inspectors. An final O&M manual is required for all projects that trigger
Minimum Requirement #6 and/or Minimum Requirement #7. The final O&M
manual shall be submitted that reflects any changes to the drainage system
between permitting and final construction approval.
Section 12. Arlington Municipal Code Section 13.28.210 shall be amended to
read as follows:
13.28.210 - Construction and warranty inspections and tests.
(a) Construction/Installation Inspection. All projects involving construction of new
drainage facilities, or connection or modification to existing drainage facilities
are subject to utility inspection to ensure compliance with the approved
stormwater site plan, code, engineering standards, and permit/approval
conditions. As a condition of permit issuance, the applicant shall consent to
inspection and testing. Stages of work requiring inspection include (but are not
limited to) prior to clearing and construction, during construction, and
completion of construction and prior to final approval or occupancy. The
drainage system shall be installed concurrently with site development and shall
be completed as shown on the approved plan before city approval of an
occupancy permit or final inspection.
ORDINANCE NO. 2015-XXX
(b) Warranty Inspections and Tests. Public facilities and equipment accepted by the
utility under specific warranties may be re-inspected at the utility's discretion
and, if necessary, retested prior to the expiration of the warranty period.
(c) Inspection Records. Records of all inspection and enforcement actions shall be
maintained by the director, including inspection reports, warning letters, notices
of violations, and other enforcement records.
Section 13. Arlington Municipal Code Section 13.28.220 shall be amended to
read as follows:
13.28.220 - Inspection and Maintenance of drainage stormwater BMPs/
facilities.
(a) Maintenance Responsibility.
(1) The utility is responsible for maintaining, repairing, and replacing public
drainage facilities.
(2) Owners of private drainage facilities, including but not limited to
detention facilities, runoff treatment facilities and conveyance facilities, are
responsible for the operation, maintenance, repair, and replacement of those
facilities.
(3) In new subdivisions and short plats, maintenance responsibility for private
drainage facilities shall be specified on the recorded subdivision or short
plat.
(4) If a private drainage stormwater treatment and flow control BMP/facility
serves multiple lots and the responsibility for maintenance has not been
specified on the subdivision plat, short plat or other legal document,
maintenance responsibility shall rest with the homeowners association, if
one exists, or otherwise with the properties served by the facility, or finally,
with the owners of the property on which the facilities are located.
(b) Inspection and Maintenance and Inspection Standards. Drainage facilities
shall be maintained so that they operate as intended. Stormwater maintenance
standards shall be in accordance with the Sstormwater Mmanual, the
engineering standards, and in accordance with the operation and maintenance
plan (O&M manual) approved for the drainage stormwater treatment and flow
control BMP/facility operation and maintenance plan.
(c) Ongoing Inspections. The regular inspection of privately owned storm
drainage facilities or controls is essential to enable the city to evaluate the proper
operation of the storm and surface water system and the environment. The city
shall have access to private stormwater facilities for inspection to ensure they
are properly operated and maintained in accordance with the Stormwater
ORDINANCE NO. 2015-XXX
Manual per AMC Section 13.28.080. Annual inspections will be conducted by
city staff on all stormwater treatment and flow control BMPs/facilities that
discharge to the storm and surface water system that have been built since the
date listed in the city’s current NPDES II permit, unless available maintenance
records can be used to justify a reduced inspection frequency.
(e) When an inspection identifies an exceedance of the maintenance standard,
maintenance shall be performed:
(1) Within one year for typical maintenance of facilities, except catch basins.
(2) Within six months for catch basins.
(3) Within two years for maintenance that requires capital construction less
than $25,000.
(f) Records for Maintenance and Inspection of Private Facilities. The owner shall
maintain records of inspection and maintenance, disposal receipts, and monitoring
results. The records shall catalog the action taken, the person who took it, the date
said action was taken, how it was done, results of any monitoring effort, and any
problems encountered or follow-up actions required. The records shall be made
available to the city upon request. The owner shall maintain a copy of the O&M
Manual (if required) on site, and shall make reference to such document in real
property records filed with Snohomish County, so others who acquire real property
served by the privately owned storm drainage facilities or controls are notified of
their obligation to maintain such facilities or controls.
Section 14. Arlington Municipal Code Section 13.28.230 shall be amended to
read as follows:
13.28.230 - Discharge of polluting matter.
(a) Discharge of Polluting Matter Prohibited. No person shall discharge, either
directly or indirectly, any organic or inorganic matter into the storm and surface
water system that may cause or tend to cause water pollution, including, but not
limited to, the following:
(1) Petroleum products including but not limited to oil, gasoline, grease, fuel
oil and heating oil;
(2) Trash or debris;
(3) Pet wastes;
(4) Chemicals;
(5) Paints, stains, resins, lacquers, or varnishes;
(6) Steam cleaning wastes;
(7) Washing of fresh concrete for cleaning and/or finishing purposes or to
expose aggregates;
ORDINANCE NO. 2015-XXX
(8) Wash water runoff from pavementsstreets, sidewalks, and building
exteriors;
(9) Laundry wastes;
(10) Soaps, and detergents, or ammonia;
(11) Pesticides, herbicides, or fertilizers;
(12) Sanitary sewage;
(13) Heated water;
(14) Chlorinated water or chlorine;
(15) Degreasers and/or solvents;
(16) Bark and other fibrous material;
(17) Antifreeze or other automotive products;
(18) Lawn clippings, leaves, or branches;
(19) Non-native invasive plants or seeds;
(20) Animal carcasses or aquarium pets;
(21) Sediment, silt, or gravel;
(22) Acids, or alkalis, or bases;
(23) Recreational vehicle wastes;
(24) Dyes (without prior permission of the drainage utility);
(25) Construction materials;
(26) Food waste;
(27) Lawn watering and other irrigation runoff;
(28) Swimming pool, spa, and hot tub discharges (unless meeting the
conditions in Subsection (b) of this section);
(29) Runoff from dust control efforts.
(b) Swimming pool, spa, and hot tub discharges shall be allowed where discharges
are de-chlorinated to a total residual chlorine concentration of 0.1 part per
million (ppm) or less, pH-adjusted and re-oxygenated, if necessary, and
volumetrically and velocity controlled to prevent re-suspension of sediments in
the storm and surface water system. Discharges shall be thermally controlled to
prevent an increase in temperature of the receiving water. Swimming pool
cleaning wastewater and filter backwash shall not be discharged to the storm and
surface water system.
(c) Discharges from potable water sources, including water from water line flushing,
hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline
ORDINANCE NO. 2015-XXX
hydrostatic test water, shall be allowed. Planned discharges shall be de-
chlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-
adjusted, if necessary and in volumes and velocities controlled to prevent re-
suspension of sediments in the storm and surface water system.
(cd) Pavement Washing Prohibited. In addition to the prohibitions of
Subsection (a) of this section, washing of public or private streets, sidewalks,
and parking areas is not permitted unless all of the following conditions are met:
(1) No other feasible alternative exists to remove the undesirable material; and
(2) Prior written approval is obtained from the director; and
(3) Facilities are provided to collect and treat the wash water runoff and
affected drainage facilities are cleaned.
(de) Discharge of Pollutants—Liability for Expenses Incurred by the Utility.
Any person responsible for pollutant discharge into the storm and surface water
system who fails to immediately collect, remove, contain, treat or disperse such
pollutant materials at the director's request shall be responsible for the necessary
expenses incurred by the city in carrying out any pollutant abatement
procedures, including the collection, removal, containment, treatment or
disposal of such materials.
(ef) Source Control BMPs. To prevent discharge of polluting matter into the
storm and surface water system, source controls shall be applied in accordance
with the maintenance standards for public and private systems as per AMC
13.28.220(b).
Section 15. Arlington Municipal Code Section 13.28.270(c) shall be amended to
read as follows:
(c) Rate Adjustments. Rates shall be evaluated periodically as part of the
review and adoption of the annual budget. Rate adjustments shall be
recommended by the director as needed to meet revenue requirements of the
utility. The recommendation shall consider equity, adequacy, costs, NPDES
II requirements and other factors allowed by law.
Section 16. Arlington Municipal Code Section 13.28.280(a) shall be amended to
read as follows:
(a) Voluntary Correction. In the event a property owner or contractor violates
any of the provisions of this code, the Sstormwater Mmanual, or the
engineering standards, city staff shall work with the violator to voluntarily
correct the situation and comply with these conditions. Education and
cooperative problem solving shall govern the city's response during this
period.
ORDINANCE NO. 2015-XXX
Section 17. 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 preempted by state or federal law or regulation, such decision or
preemption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 18. Effective Date. The title of this ordinance which summarizes the
contents shall be published in the official newspaper of the City. The ordinance shall
take effect and be in full force five (5) days after the date of publication.
PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF
ON THE ____ DAY OF ________________, 2015.
CITY OF ARLINGTON, WASHINGTON
_________________________________
Barbara Tolbert, Mayor
ATTEST/AUTHENTICATED:
_______________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
UV9
UV531
UV530
172ND ST NE
SMOKEY POINT BLVD
T VEIT RD
59TH AVE NE
MCELROY RD
CEMETERY RD
200TH ST NE
188TH ST NE
AIRPORT BLVD
204TH ST NE
51ST AVE NE
JORDAN RD
164TH ST NE
19TH DR NE
E 1ST ST
OLD BURN RD
43RD AVE NE
63RD AVE NE
91ST AVE NE
89TH AVE NE
25TH AVE NE
27TH AVE NE
PIONEER HWY E
45TH DR NE
95TH AVE NE
TWIN LAKES AVE
MORAN RD
SCHLOMAN RD
31ST AVE NE
211TH PL NE
N WEST AVE
168TH ST NE
74TH AVE NE
220TH ST NE
207TH ST NE
176TH PL NE
88TH DR NE
79TH AVE NE
E UNION ST
42ND DR NE
97TH AVE NE
192ND PL NE
66TH AVE NE
71ST DR NE
62ND DR NE
183RD PL NE
208TH ST NE
101ST AVE NE
TOPPER CT
228TH ST NE
59TH AVE NE
188TH ST NE
§¨¦5
SR 530
E 5TH ST
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GISUser Community
1305000
1305000
1307500
1307500
1310000
1310000
1312500
1312500
1315000
1315000
1317500
1317500
1320000
1320000
1322500
1322500
1325000
1325000
1327500
1327500
1330000
1330000
1332500
1332500
420000
420000
422500
422500
425000
425000
427500
427500
430000
430000
432500
432500
435000
435000
437500
437500
440000
440000
442500
442500
0 2,500 5,0001,250 ft
Produced By: GISProject: K:\Projects\Y2013\13-05659-000\Project\Overview_SW_Potential_Facilities.mxd (12/22/2014)
Coordinates: NAD 1983Washington State Plane North FIPS 4601
ESRI, Aerial (2011)
Legend
Arlington city limits
Potential regional stormwater facility
Over view.Potential Regional Stormwater FacilityLocations.
DRAFT
1
Proposed Revisions to City of Arlington Standards and Specs
Section & Page Reference Existing Text Proposed Revisions to Existing Text
Section 1-3.10: Storm
Drainage Plan
Page 1-3-13 (Jan. 2015)
9) Show the following for all stormwater detention facilities:
• Show and label at least two cross-sections through the detention pond. One
cross section shall show the control structure.
• Show the location and details of emergency overflows and spillways.
• Provide invert elevations of all pipes, inlets, tanks, vaults and spot elevations of
the pond bottom. Label the pond volume, dimensions and design surface
elevation.
• Provide plan and section views with details of all rock protection and energy
dissipaters.
• Section and plan view of flow control structure must be shown with adequate
detail, including size and elevation of orifices.
• Show length, width, as well as the bottom width for all bio-filtration and water
quality swales along with stormwater conveyance swales. Include sectional view,
showing side slopes and design depth of flow.
• Include seeding material information.
• Show types or classifications of streams and/or wetlands adjacent to the project
or receiving stormwater from the project.
Show the following for all stormwater detention facilities:
• Show and label at least two cross-sections through the detention pond stormwater facility. One cross section shall show the
control structure, if included.
• Show the location and details of emergency overflows and spillways.
• Provide invert elevations of all pipes, inlets, tanks, vaults and spot elevations of the pond facility bottom. Label the pond
facility volume, dimensions and design surface elevation.
• Provide plan and section views with details of all rock protection and energy dissipaters.
• Section and plan view of flow control structure, if included, must be shown with adequate detail, including size and
elevation of orifices.
• Show length, width, as well as the bottom width for all bio-filtration and water quality swales along with stormwater
conveyance swales bioretention facilities and biofiltration swales. Include sectional view, showing side slopes and design
depth of flow.
• Include seeding material information.
• Show types or classifications of streams and/or wetlands adjacent to the project or receiving stormwater from the project.
Section 1-5: Easements
Page 1-5-21 (Jan. 2015)
Utility easements shall not be located lineally in critical areas or their buffers, but if
necessary they may be allowed to cross through perpendicularly in a manner not
impacting naturally occurring functions.
Utility easements shall not be located lineally in critical areas or their buffers, but if necessary they may be allowed to cross
through perpendicularly in a manner not impacting naturally occurring functions. LID facilities are allowed in critical area
buffers per AMC Title 20.
Section 2-1.02(9):
Driveways
Page 2-9 (Jan. 2015)
9) The width of residential driveway approaches shall not exceed 25 feet unless
otherwise approved by the City Engineer. The driveway approach is defined as the
area between full sections of a street’s vertical curb that are lowered to allow
vehicular access into the property.
10) The width of commercial driveway approaches shall be a minimum of 35 feet
and maximum of 40 feet, or otherwise approved by the City Engineer.
9) The width of residential driveway approaches shall not exceed 25 24 feet unless otherwise approved by the City Engineer.
The driveway approach is defined as the area between full sections of a street’s vertical curb that are lowered to allow
vehicular access into the property.
10) The width of commercial driveway approaches shall be a minimum of 35 feet and maximum of 40 feet, or otherwise
approved by the City Engineer.
2
Section & Page Reference Existing Text Proposed Revisions to Existing Text
manufacturer’s recommendations for the fabric used. Cutback aspha
7) Asphaltic binder for use with geotextile fabric shall conform to the manufacturer’s recommendations for the fabric used.
3
Section & Page Reference Existing Text Proposed Revisions to Existing Text
•
•
•
•
•
•
4
Section & Page Reference Existing Text Proposed Revisions to Existing Text
These sections show 3” Class B Asphalt for residential areas and 4” Class B Asphalt
for industrial/commercial areas
–––
–
–The radius of the cul-de-sac on Standard Detail R-070 is 60’ (50’ of pavement, a 5’
planter around the edge, and a 5’ sidewalk).
5
Section & Page Reference Existing Text Proposed Revisions to Existing Text
–fics “cement concrete” and includes the following notes:
Sidewalks shall be a minimum of 4” thick and shall be Class 3000 cement
Sidewalk shall be at least 6” thick in driveways.
an edger having a ¼” radius.
Sidewalks are typically 5’ wide, wider sidewalk may be required by City.
–
Sidewalks shall be a minimum of 4” thick and
Sidewalk shall be at least 6” thick in driveways.
All joints shall be cleaned and edged with an edger having a ¼” radius.
Sidewalks are typically 5’ wide, wider sidewalk may be required by City.
–
–
–
Update terminology to “planter strip” for consistency with specifications:
–
–
–
City of Arlington
Council Agenda Bill
Item:
NB #5
Attachment
H
COUNCIL MEETING DATE:
October 19, 2015
SUBJECT:
Resolution on Six Year Transportation Improvement Plan
ATTACHMENTS:
- Resolution Six Year Transportation Improvement Plan
- 2016-2021 Six Year Transportation Improvement Plan – Project List
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Resolution adopting the 2016-2021 Six Year Transportation Improvement Plan (TIP)
HISTORY:
Attached to this CAB is a copy of the City’s proposed Six Year Transportation
Improvement Plan (TIP) for Council review. In accordance with State Law, every
municipality must annually update their TIP for the following six years. Any road
construction project that is to be considered for Intermodal Surface Transportation
Efficiency Act or Transportation Improvement Board funding must be listed on the TIP.
To be eligible for allocation of ½ -cent gas tax monies, projects must also be listed.
The attached TIP represents projects that the City would like to have completed, or
funded, over the next six years (2016 to 2021). Prior to adopting this plan it must be
presented for a Public Hearing which will be held on October 5, 2015.
ALTERNATIVES
- Remand to staff for additional information
- Table pending further discussion
RECOMMENDED MOTION:
I move to approve the proposed resolution adopting the City of Arlington 2016-2021 Six
Year Transportation Improvement Plan.
RESOLUTION NO. 2015-XXX
RESOLUTION NO. 2015-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON ADOPTING THE OFFICIAL SIX YEAR TRANSPORTATION
IMPROVEMENT PLAN FOR THE CITY OF ARLINGTON.
THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DO
RESOLVE:
SECTION 1. That certain comprehensive Transportation Improvement Plan for
the six years commencing July 1, 2016 as detailed in the attached “Exhibit A” is hereby
adopted as the Official Six Year Transportation Improvement Plan for the City of
Arlington.
PASSED at a regular meeting of the City of Arlington, Washington held on the
19th day of October, 2015.
CITY OF ARLINGTON
_______________________________
Barbra Tolbert, Mayor
ATTEST:
________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
Project
No.Funding 2016 2017 2018 2019 2020 2020 Fund Total
1 Arilington TIF Funds $0
PE $662,577 TBD Funds $1,069,130 $675,000 $675,000 $675,000 $675,000 $675,000 $4,444,130
ROW $0 WSDOT Funds $0
CN $4,858,901 TIB Grant Funding $332,510 $332,510
TOTAL $5,521,478 PSRC/STP Funding $184,838 $185,000 $150,000 $125,000 $100,000 $0 $744,838
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $1,586,478 $860,000 $825,000 $800,000 $775,000 $675,000 $5,521,478
2 Arilington TIF Funds $25,000 $25,000 $25,000 $25,000 $25,000 $150,000 $275,000
PE $51,000 TBD Funds $0
ROW $0 WSDOT Funds $75,000 $75,000 $150,000
CN $374,000 TIB Grant Funding $0
TOTAL $425,000 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $25,000 $100,000 $25,000 $25,000 $100,000 $150,000 $425,000
3 Arilington TIF Funds $170,759 $170,759
PE $0 TBD Funds $0
ROW $0 WSDOT Funds $0
CN $1,700,000 TIB Grant Funding $1,314,511 $1,314,511
TOTAL $1,700,000 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $0
Other Funds $200,000 $200,000
SUBTOTAL THIS PROJECT $1,685,270 $0 $0 $0 $0 $0 $1,685,270
4 Arilington TIF Funds $195,750 $195,750
PE $0 TBD Funds $0
ROW $0 WSDOT Funds $0
CN $1,450,000 TIB Grant Funding $1,254,250 $1,254,250
TOTAL $1,450,000 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $1,450,000 $0 $0 $0 $1,450,000
5 Arilington TIF Funds $150,000 $202,500 $352,500
PE $76,100 TBD Funds $0
ROW $342,450 WSDOT Funds $0
CN $1,483,950 TIB Grant Funding $200,000 $1,350,000 $1,550,000
TOTAL $1,902,500 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $350,000 $1,552,500 $0 $1,902,500
6 Arilington TIF Funds $123,500 $123,500
PE $76,000 TBD Funds $0
ROW $0 WSDOT Funds $0
CN $874,000 TIB Grant Funding $0
TOTAL $950,000 PSRC/STP Funding $826,500 $826,500
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $0 $0 $950,000 $950,000
173rd St, Phase 2
Smky Pt Blvd/188th St Intersection
City of Arlington Six Year Transportation Improvement Plan (2016 - 2021)
Transportation Capital Project
Pavement Preservation Program
Comments: Program to preserve and maintain existing
transportation infrastructure and systems, funding from
Arlington TBD.
Arlington Trail Construction Program
Comments: Design and construct pedestrian trails per the
City's Trail Plan (non-motorized transportation facilities).
Comments: Construction of a new road, 173rd Ave, Phase
3.
173rd St, Phase 3
173rd St, Phase 1
Comments: Construction of a new road, 173rd Ave, Phase
1.
Comments: Procurement of ROW and construction of
173rd Ave, Phase 2.
Comments: Install traffic signal, sidewalks, ADA ramps and
widen Smokey Point Blvd to meet ultimate channelization
plan.
Arlington 6-year TIP (2016-2021)Page 1 of 3
Project
No.Funding 2016 2017 2018 2019 2020 2020 Fund Total
City of Arlington Six Year Transportation Improvement Plan (2016 - 2021)
Transportation Capital Project
Pavement Preservation Program7 Arilington TIF Funds $50,000 $225,000 $275,000
PE $231,000 TBD Funds $0
ROW $346,500 WSDOT Funds $750,000 $750,000
CN $1,347,500 TIB Grant Funding $0
TOTAL $1,925,000 PSRC/STP Funding $750,000 $750,000
Oso Slide Funds $150,000 $150,000
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $50,000 $1,875,000 $0 $1,925,000
8 Arilington TIF Funds $0
PE $132,000 TBD Funds $0
ROW $0 WSDOT Funds $100,000 $100,000
CN $968,000 TIB Grant Funding $0
TOTAL $1,100,000 PSRC/STP Funding $800,000 $800,000
Oso Slide Funds $200,000 $200,000
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $1,100,000 $0 $0 $0 $1,100,000
9 Arilington TIF Funds $0
PE $294,000 TBD Funds $0
ROW $0 WSDOT Funds $100,000 $100,000
CN $2,156,000 TIB Grant Funding $0
TOTAL $2,450,000 PSRC/STP Funding $2,150,000 $2,150,000
Oso Slide Funds $200,000 $200,000
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $0 $0 $2,450,000 $2,450,000
10 Arilington TIF Funds $300,000 $300,000
PE $207,200 TBD Funds $0
ROW $74,000 WSDOT Funds $0
CN $2,678,800 TIB Grant Funding $2,360,000 $2,360,000
TOTAL $2,960,000 PSRC/STP Funding $0
Oso Slide Funds $300,000 $300,000
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $2,960,000 $0 $0 $0 $0 $0 $2,960,000
11 Arilington TIF Funds $75,000 $75,000
PE $52,500 TBD Funds $0
ROW $35,000 WSDOT Funds $0
CN $612,500 TIB Grant Funding $0
TOTAL $700,000 PSRC/STP Funding $0
Oso Slide Funds $50,000 $50,000
Developer Funded $0
Other Funds $575,000 $575,000
SUBTOTAL THIS PROJECT $0 $700,000 $0 $0 $0 $700,000
12 Arilington TIF Funds $495,000 $495,000
PE $240,000 TBD Funds $0
ROW $0 WSDOT Funds $0
CN $1,760,000 TIB Grant Funding $0
TOTAL $2,000,000 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $1,505,000 $1,505,000
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $0 $0 $2,000,000 $2,000,000
Arlington Valley Rd - 67th Ave to 204th St
Comments: Installation of Signal and improvements at
SR9/SR530 and Division as described in the WSDOT SR9
Route Development Plan
WSDOT - SR530/Burke Signalization
Comments: Installation of signal at Burke and SR9 as
described in the WSDOT SR9 Route Development Plan
WSDOT - SR530/SR9/Division Signal
Comments: Design & construct a new 3 lane industrial
standard road connecting 67th Ave NE to 204th St NE. Low
impact design
204th St Improvements
Comments: Construct a trail along the north side of 204th
St and reconfigure channelization at 204th St/SR-9
intersection
186th St NE - SR9 to City Limits
Comments: New 2 lane road with sidewalk on both sides.
Joint developer & City funded project using ASD traffic mit
funds.
Comments: Develop alignment to reroute 211th to SR530
via 59th, design road and trail, construct frontage road and
right-in/right-out at SR-530
211th Pl NE - SR530 Roundabout
Arlington 6-year TIP (2016-2021)Page 2 of 3
Project
No.Funding 2016 2017 2018 2019 2020 2020 Fund Total
City of Arlington Six Year Transportation Improvement Plan (2016 - 2021)
Transportation Capital Project
Pavement Preservation Program13 Arilington TIF Funds $35,000 $81,000 $465,750 $581,750
PE $490,200 TBD Funds $0
ROW $408,500 WSDOT Funds $0
CN $3,186,300 TIB Grant Funding $0
TOTAL $4,085,000 PSRC/STP Funding $519,000 $2,984,250 $3,503,250
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $35,000 $600,000 $3,450,000 $4,085,000
14 Arilington TIF Funds $350,000 $350,000
PE $420,000 TBD Funds $0
ROW $0 WSDOT Funds $0
CN $3,080,000 TIB Grant Funding $650,000 $650,000
TOTAL $3,500,000 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $2,500,000 $2,500,000
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $0 $3,500,000 $0 $3,500,000
15 Arilington TIF Funds $250,000 $250,000
PE $979,200 TBD Funds $0
ROW $0 WSDOT Funds $3,000,000 $3,000,000
CN $7,180,800 TIB Grant Funding $0
TOTAL $8,160,000 PSRC/STP Funding $1,500,000 $1,500,000
Oso Slide Funds $0
Developer Funded $3,410,000 $3,410,000
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $8,160,000 $0 $0 $8,160,000
$6,256,748 $1,660,000 $3,400,000 $9,420,000 $8,402,500 $9,675,000 $38,814,248
$495,759 $100,000 $220,750 $510,000 $883,500 $1,234,250 $3,444,259
$1,069,130 $675,000 $675,000 $675,000 $675,000 $675,000 $4,444,130
$0 $75,000 $100,000 $3,000,000 $825,000 $100,000 $4,100,000
$4,007,021 $0 $1,254,250 $200,000 $2,000,000 $0 $7,461,271
$184,838 $185,000 $950,000 $1,625,000 $1,369,000 $5,960,750 $10,274,588
$300,000 $50,000 $200,000 $0 $150,000 $200,000 $900,000
Developer Funded $0 $0 $0 $3,410,000 $2,500,000 $1,505,000 $7,415,000
$200,000 $575,000 $0 $0 $0 $0 $775,000
NOTES
1.
2.
Arilington TIF Funds
TBD Funds
WSDOT Funds
TIB Grant Funding
TOTAL PROJECT COST ESTIMATE
Smokey Point Blvd 175th PL to 200th St
Comments: Design and construction of a roundabout at
the SR530/SPB intersection. This will be designed in
coordination with WSDOT and Island Crossing developer
LID.
PSRC/STP Funding
$ 1 Mil Oso Slide Funds
Other Funding
Comments: Widen Smokey Point Blvd to four lanes and
construct frontage improvements to meet ultimate West
Arlington design stds.
Smokey Point Blvd 200th St NE to SR530
Comments: Widen Sm Pt Blvd to 3-lane road with
improvements (rain garden/trail). Planning and Coord
with Isl Crossing Development LID.
SR-530 and Smokey Point Intersection
Arlington 6-year TIP (2016-2021)Page 3 of 3
City of Arlington
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data are compiledfrom a variety of sources which may contain errors and users who rely upon the information do so at theirown risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liabilityof any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use ofthe data presented in the maps.
Legend
!(TIP Points(see table)
TIP Locations(see table)
Preservation(Proposed 2016)
FutureTrails
Arlington City Limits
Marysville CityLimits
´akc
Pres_TIP2016_11x17_15
09/21/2015
1 in = 2,333 feetScale:
Date:
File:
Drawn by:
Streams and waterbodies courtesy of Snohomish County Dept of Information Systems, December 2009.
6 Year Transportation Improvement Projects(2016-2021)!(
!(
!(
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!(
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¬¬3¬¬4 ¬¬5
¬¬6
¬¬7
¬¬8
¬¬9
¬¬10
¬¬11
¬¬12
¬¬13
¬¬14 204TH ST NE
168TH ST NE
NORTH ST
SMOKEY POINT BLVD
SR 530
SR 530
31STDR
NE
E 3RD ST
87TH
AVE
NE
211THPLNE
E 5TH ST
27TH AVE NE
79TH AVE NE
S OLYMPIC AVE
207TH ST NE
SR 531
N
FRENCH
AVE
I-5
186TH ST NE
E 1ST ST
59TH AVE NE
CEMETERY RD
FIR LN 92NDAVENE
SR 9
27TH AVE NE
178TH PLNE
19TH DR NE
74TH
AVENE
51ST AVE NE
191ST PL NE
83RD
DR
NE
59TH AVE NE
188TH ST NE
S HAZEL ST
66TH AVE NE
91ST AVE NE
SR 9
51ST DR NE
PORTAGE ST
TVEIT RD
42NDDRNE
BOVEE LN
43RD AVE NE
97TH AVE NE
E 5TH ST
KNOLLDR
180TH ST NE
89TH AVE NE
S STILLAGUAMISH AVE
19TH AVE NE
197TH ST NE
23RD DR NE
195THSTNE
177THPLNE
171ST PLNE
88THDRNE
176TH PL NE
REDHAWKDR
85TH AVE NE
62ND AVE NE
E 2ND ST
33RD
AVENE
89TH AVE NE
E BURKE AVE
192ND PLNE
S FRENCH AVE
25TH
AVE
NE
182ND PL NE
S MACLEOD AVE
196TH PL NE
15TH AVE NE
166THPLNE
17TH AVE NE
19THDR
NE
CHAMPIONSDR
15TH AVE NE
GLENEAGLE
BLVD
80TH DR NE
190THPLNE
220TH ST NE
27TH AVE NE
NEWPORTDR
79TH DR NE
67TH AVE NE
35TH AVE NE
35TH AVE NE
VISTA DR
168TH ST NE
59TH DR NE
180TH ST NE
37TH AVE NE
31ST AVE NE
N MACLEOD AVE
TWIN LAKES AVE
N OLYMPIC AVE
OLYMPICPL
N DUNHAM AVE
182ND ST NE
WOODLANDSWAY
95TH AVE NE
45TH DR NE
226TH PL NE
WOODBINEDR
PIONEER HWY E
MCPHERSONRD
BURN RD
SPRINGLANEAVE
SCHLOMAN RD
59TH
DR
NE
47TH AVE NE
ECOUNTRYCLUBDR
25TH AVE NE
63RD AVE NE
43RD AVE NE
JORDAN
RD
40TH DR NE
172ND ST NE
23RD AVE NE
E GILMAN AVE
EAGLEFIELDDR
188TH ST NE
OLD BURN RD
204TH ST NE
67TH
AVE
NE
188TH ST NE
200TH ST NE
CROWNRIDGEBLVD
AIRPORT BLVD
DIKE RD
MCELROY RD
I-5
ProjectNo.8 WSDOT - SR530/Burke Signalizat ion19WSDOT - SR530/SR9/Div ision Signal210Arlington Valley Rd - 67t h Av e to 204th St311204th St Improvements412186th St NE - SR9 to City Limits513Smokey P oint Blvd 175th PL to 200th St 6 14 Smokey P oint Blvd 200th St N E to SR530715SR-530 an d Smokey Point Int ersection
Tran sportat ion Capital P roject
P avement Preserv ation ProgramArlington Trail Construction Program173rd St , Phase 3
C i t y o f A r l i n g t o n S i x Y e a r T ra n s p o r t a t i o n I m p r o v e m e n t P l a n (2 0 1 6 - 2 0 2 1 )
173rd St , Phase 2Smky P t Blv d/188th St Intersection211th P l NE - S R530 Roundabout
173rd St , Phase 1