HomeMy WebLinkAbout07-18-2016 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 Debora Nelson
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
PUBLIC COMMENT
For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the
meeting. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Debora Nelson
1. Minutes of the July 5 and July 11, 2016 Council Meetings ATTACHMENT A
2. Accounts Payable
3. Acceptance of Grant for Snohomish County Small Capital ATTACHMENT B
Partnership Project
PUBLIC HEARING
NEW BUSINESS
1. Agreement with Fire Protection District #21 for Fire & EMS Services ATTACHMENT C
Staff Presentation: Paul Ellis
Council Liaison: Jesica Stickles/Marilyn Oertle
2. Appointment to Civil Service Commission ATTACHMENT D
Staff Presentation: Paul Ellis
Council Liaison: Jesica Stickles/Marilyn Oertle
3. Ordinance Amending AMC 20.44 & 20.102 regarding Wireless Facilities ATTACHMENT E
Staff Presentation: Chris Young
Council Liaison: Jesica Stickles/Chris Raezer
Arlington City Council Meeting
Monday, July 18, 2016 at 7:00 p.m.
City Council Chambers – 110 E Third St
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
4. Ordinance Amending AMC 20.64 regarding Floodplains ATTACHMENT F
Staff Presentation: Chris Young
Council Liaison: Jesica Stickles/Chris Raezer
5. Ordinance Amending AMC 20.93 & 20.88 regarding Critical Areas ATTACHMENT G
Staff Presentation: Chris Young
Council Liaison: Jesica Stickles/Chris Raezer
6. Ordinance Amending AMC 20.40.010 & 20.08.101 - Permissible ATTACHMENT H
Use Table
Staff Presentation: Chris Young
Council Liaison: Jesica Stickles/Chris Raezer
DISCUSSION ITEMS
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Barb Tolbert
DRAFT
Page 1 of 2
Council Chambers
110 East Third
July 5, 2016
Council Members Present: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss,
Jesica Stickles, and Marilyn Oertle
Council Members Absent: None
City Staff Present: Paul Ellis, Jim Kelly, Kristin Garcia, Sheri Amundson, Dave Ryan, Jonathan Ventura,
Maxine Jenft, Wendy Van Der Meersche, and City Attorney Steve Peiffle
Also Known to be Present: Craig Christianson, Cristy Brubaker, Terry Marsh, Jan Bauer, and Kevin
Duncan
With the excused absence of Mayor Barb Tolbert, Mayor Pro Tem Debora Nelson called the meeting
to order at 7:00 p.m., and the pledge of allegiance followed.
APPROVAL OF THE AGENDA
Chris Raezer moved to approve the agenda. Sue Weiss seconded the motion which passed with a
unanimous vote.
INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS
None
PROCLAMATIONS
None
PUBLIC COMMENT
There was no one in the audience who wished to speak.
CONSENT AGENDA
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 July 20 and July 27, 2016 meetings
2. Accounts Payable: Claims Checks #88734 through #88849 dated June 21, 2016 through July 5,
2016 in the amount of $366,769.48. EFT Payments and Payroll Checks #29001 through #29020
dated June 1, 2016 through June 30, 2016 for $1,243,760.63.
3. Approval of the Recreation and Conservation Office (RCO) Grant and County Interlocal
Agreement (ILA) for Quake Field Renovation Project
PUBLIC HEARING
None
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting July 5, 2016
Page 2 of 2
NEW BUSINESS
Contract Award for the Demolition of the Burn Road Reservoir
Public Works Director Jim Kelly requested City Council accept the low bid from T. Bailey, Inc., for the
Burn Road Reservoir Demolition.
Mike Hopson moved and Jesica Stickles seconded the motion to approve the low bid for the Burn Road
Reservoir Demolition and authorized the mayor to sign the contract with T. Bailey Inc., pending final
approval by the City Attorney. The motion was approved by a unanimous vote.
Contract Award for the LED Streetlight Project
Jim Kelly requested Council award the LED Street Light upgrade contract to Lumenal Lighting, for the
upgrade of 121 City owned street and pedestrian lights. Brief discussion followed with Jim answering
council questions.
Sue Weiss moved and Chris Raezer seconded the motion to accept the low bid for the LED Streetlight
Conversion Project and authorized the mayor to sign the contract with Lumenal Lighting, pending final
approval by the City Attorney. The motion was approved by a unanimous vote.
Mutual Benefit Agreement
Airport Director Dave Ryan requested Council approve the Airport Commission’s recommendation to
waive land use fees for the 2016 Fly-In event. Discussion followed with the City Attorney answering
council questions.
Chris Raezer moved and Jesica Stickles seconded the motion to adopt Resolution #2016-XXX Adopting
Findings Regarding the Waiver of Fees for the 2016 Arlington Fly-In Event with additional proposed
language by the City Attorney to direct the staff to bill the Fly-In for the land use fees, subject to those
fees being refunded if the FAA did not object to the waiver of the fees. The motion was approved by a
unanimous vote.
ADMINISTRATOR & STAFF REPORTS
City Administrator Paul Ellis stated there was a motor vehicle collision tonight involving a motorcycle and
a press release would be forthcoming. He thanked Council for their participation on the ABC float in the
4th of July Grand Parade. And lastly, indicated there are still open spots to volunteer at the City’s Street
Fair booth July 8, 9, and 10.
COUNCILMEMBER REPORTS
Marilyn Oertle, Jesica Stickles, Sue Weiss, Chris Raezer, Jan Schuette, Mike Hopson, and Debora
Nelson gave brief reports.
EXECUTIVE SESSION
City Attorney announced there would be no need for an Executive Session.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 7:41 p.m.
____________________________
Barbara Tolbert, Mayor
DRAFT
Page 1 of 2
Council Chambers
110 East Third Street
July 11, 2016
Councilmembers Present: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss,
Jesica Stickles, and Marilyn Oertle
Staff Present: Mayor Barbara Tolbert, Paul Ellis, Chris Young, Kristin Garcia, Sheri Amundson,
Jonathan Ventura, Sarah Lopez, Deana Dean, and City Attorney Steve Peiffle.
Council Members Absent: None
Also Known to be Present: Maxine Jenft, Jim Strago, Holly Sloan-Buchanan, Kirk Boxleitner, and
Sarah Arney
Mayor Barbara Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed.
Councilmember Nelson moved to approve the agenda. Councilmember Raezer seconded the motion,
which passed with a unanimous vote.
WORKSHOP ITEMS ~ NO ACTION WAS TAKEN
Agreement with Fire Protection District #21 for Fire & EMS Services
City Administrator Paul Ellis spoke to the proposed agreement between the City of Arlington and Fire
District #21. Mayor Tolbert acknowledged District #21 Commissioner Jim Strago’s presence at the
meeting tonight. Brief discussion followed with Paul and Mayor Tolbert answering council questions.
Appointment to Civil Service Commission
Paul Ellis reviewed the recommendation to appoint Thad Hovis to the Civil Service Commission.
Acceptance of Grant for Snohomish County Small Capital Partnership Project
Recreation and Communications Manager Sarah Lopez reviewed two grants to complete playground
border improvements at Terrace Park. Brief discussion followed with Sarah answering council questions.
This item can be placed on next week’s Consent Agenda.
Council Goals for Lodging Tax Advisory Committee
Finance Director Kristin Garcia spoke regarding the updated lodging tax application and reviewed the
changes. Discussion followed with Kristin answering council questions.
Ordinance Amending AMC 20.44 & 20.102 regarding Wireless Facilities
Community and Economic Development Director Chris Young reviewed the proposed amendments
related to wireless facilities and amending the Chapter 20.44 to be consistent with the new Chapter.
Discussion followed.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Workshop July 11, 2016
Page 2 of 2
Ordinance Amending AMC 20.64 regarding Floodplains
Chris Young reviewed the proposed amendment which is a total rewrite in order to be in compliance with
CFR 44 and NMFS Biological Opinion and also make the ordinance easier to design to and comply with.
Brief discussion followed with Chris answering council questions.
Ordinance Amending AMC 20.93 & 20.88 regarding Critical Areas
Chris Young reviewed the proposed revisions to Chapter 20.93 to comply with the Department of
Ecology’s updated wetland Delineation Manual and 2014 Washington State Rating System regarding our
Critical Areas Ordinance. Discussion followed with Chris answering council questions.
Ordinance Amending AMC 20.40.010 & 20.08.101 – Permissible Use Table
Chris Young reviewed the proposed amendment differentiating between typical self-storage facilities and
the professional, more modern versions that could be beneficial as part of the mixed use concept and
provide a useful service in proximity of high-density residential developments. Discussion followed.
Miscellaneous Council Items
Mayor Tolbert acknowledged Sarah Lopez, M&O staff, Airport staff, and all other city employees that
worked so hard during the recent city events. She also publicly acknowledged police and fire staff for the
work that they do.
Public Comment
Maxine Jenft commented on the outpouring of support the police department has received following the
events in Dallas.
Executive Session
None
Adjournment
The meeting was adjourned at 8:03 p.m.
____________________________
Barbara Tolbert, Mayor
City of Arlington
Council Agenda Bill
Item:
CA #3
Attachment
B
COUNCIL MEETING DATE:
July 18, 2016
SUBJECT:
Request for authorization to accept Small Capital Project Partnership Grant
ATTACHMENTS:
Grant contract
DEPARTMENT OF ORIGIN
Recreation
EXPENDITURES REQUESTED: 0
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Snohomish County has approved a $5,000 grant to the City of Arlington for Terrace
Park playground border improvements. The contract expires December 31, 2016.
HISTORY:
The City applied for and received a $10,000 Small Capital Projects grant in April 2016.
With the additional $5,000, we will be able to complete the project, which includes
removing the existing playground border timbers and replacing with poured
concrete curbing.
ALTERNATIVES
Do not accept funds.
RECOMMENDED MOTION:
I move to accept the Small Capital Project Partnership Grant for playground border
improvements in Terrace Park, and authorize the Mayor to sign the grant.
City of Arlington
Council Agenda Bill
Item:
NB #1
Attachment
C
COUNCIL MEETING DATE:
July 18, 2016
SUBJECT:
Agreement with Fire Protection District #21 for Fire & EMS Services
ATTACHMENTS:
Agreement
DEPARTMENT OF ORIGIN
Executive
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY:
LEGAL REVIEW:
DESCRIPTION:
The City of Arlington and Fire District 21 have negotiated an extension of the service agreement
to provide Emergency Medical Services and mutual aid within the District 21 service area. The
proposed agreement states that District 21 pay the balance in full for services provided in 2015 by
the City of Arlington. At the execution of the agreement, District 21 will assume primary
responsibility for the Basic Life Support (BLS) service in their District and the City will continue to
provide Advanced Life Support (ALS) service at a lower rate through 2017. This agreement will
end on December 31, 2017.
HISTORY:
The City of Arlington provided Fire and Emergency Medical Services to Fire District 21 through
a service agreement that expired in December of 2014. The City has continued to provide the
services while negotiating a new agreement.
ALTERNATIVES
RECOMMENDED MOTION:
I move to approve the Agreement with Fire Protection District #21 for Fire & EMS Services for
the City of Arlington to provide Advanced Life Support (ALS) service and authorize the Mayor
to sign the agreement, subject to approval of the agreement by District 21 and final approval by
the City Attorney.
INTERLOCAL AGREEMENT FOR
EMERGENCY MEDICAL AND FIRE SERVICES AND SETTLEMENT
AGREEMENT REGARDING 2015 SERVICES
(1) Parties. The Parties to this Agreement (the “Agreement”) are the City of
Arlington, State of Washington (“Arlington”), a municipal corporation, and Snohomish
County Fire Protection District No. 21, a Washington municipal corporation, hereinafter
referred to as the “District.”
(2) Purpose. Arlington maintains and operates emergency medical services
(EMS) vehicles in accordance with Chapters 18.71 and 18.73 RCW and Chapter
246-976 WAC. Said vehicles are staffed by emergency medical technicians, paramedics,
and other Personnel by law. The purpose of this Agreement is to provide the services of
emergency medical technicians and other personnel as needed by the persons within the
boundaries of the District, as well as to resolve a disagreement regarding payment for
2015 services.
(3) Term. The term of this agreement shall be for two years, commencing
January 1, 2016, and terminating on December 31, 2017.
(4) ALS Duties of Arlington. During the term of this Agreement, Arlington
shall furnish advanced life support services to all persons within the geographical
boundaries of the District. The emergency medical services shall be rendered on the
same basis as such services are rendered to persons within the city limits of Arlington,
but Arlington assumes no liability for failure to provide such services by reason of any
circumstances beyond its control.
(5) Arlington to Comply with Statutes. It shall be the duty of Arlington
during the Agreement to provide vehicles and personnel conforming to the statutory and
regulatory requirements of Chapter 18.71 and 18.73 RCW and Chapter 246-976 WAC.
(6) State Certification Required. In the event for any reason Arlington shall
lose its required state certification of its medical services vehicles and personnel and
therefore become unable to perform the services required of it under this Agreement, it
shall immediately notify the District. During the period of such discontinuance of
service, the annual payment to be made by the District under Paragraph 15, below, shall
be reduced by 1/365th for each day or portion thereof that Arlington is unable to perform
such services.
(7) Arlington as Administrator. Arlington shall provide the administration
necessary to supervise the services provided under this Agreement, subject to its duties to
report to the District as set forth below.
(8) Assignment of Personnel and Equipment. Arlington shall be responsible
for the supervision, employment, termination, assignment and stationing of all personnel
and equipment required to perform its responsibilities under this Agreement.
(9) Payment for 2016 and 2017 ALS Services. District shall transfer to
Arlington for the ALS services to be provided by Arlington in 2016 and 2017 a sum
equal to sixty-five percent (65.0%) of all EMS tax levy receipts received by District.
Payment shall be by monetary payments by said District on June 15 and December 15 of
each year, with the first semi-annual payment for 2016 to occur within thirty (30) days
after ratification of this agreement by both parties.
(10) Payment for 2016 and 2017 Fire Services. The City shall respond to fire
calls within District 21 in 2016 and 2017 on a “Mutual Aid” basis without the payment
for fire services. If at any time the City responds more frequently to fire calls located in
District 21 than District responds to fire calls within the City, it shall so notify the District
and the District shall pay to City for fire calls after the date of notice by the City the sum
of three hundred fifty dollars ($350.00) per fire call within District 21 to which the City
responds, within thirty (30) days of said call.
(11) Liability. Each of the Parties to this Agreement shall, at all times, be
solely responsible for the acts or failure to act of its personnel only, and shall save and
hold the other Parties and their personnel harmless from all costs, expenses, losses, and
damages, including costs of defense, incurred as a result of any acts or omissions or the
Party’s personnel relating to the performance of this Agreement.
(12) Insurance. Arlington shall provide insurance coverage for operations
conducted under this Agreement. This agreement shall include all risk property
insurance, insuring Arlington’s equipment and building required for the provision of
services under this Agreement; general liability insurance, including errors and omissions
coverage, with policy limit of $5,000,000.00; complete auto insurance, including
comprehensive and collision coverage; and liability coverage with policy limits of
$5,000,000.00. Participation in a self-insurance pool with equivalent coverages shall
satisfy the requirement of this paragraph.
(13) Resolution of Disagreement Regarding Payment for Prior Services. As
further consideration for this agreement, the parties agree to resolve all disputes regarding
ALS and fire services provided during 2015 by Arlington to District pursuant to this
paragraph 13.
a. The District agrees to and shall pay to City the total sum of
$282,332.23 for 2015 ALS services and $8,400.00 for 2015 fire
services, for a total of $290,732.23, which shall be paid within thirty
(30) days after the ratification of this agreement by both parties, which
payment shall be payment in full of all sums owing and in full
settlement of all claims by and between each of the parties against the
other relating to the provision by Arlington of EMS and fire services to
the District during 2015. The City acknowledges possession of the
following checks/warrants previously tendered by District to the City
during negotiations:
The parties agree that Arlington shall cash these four warrants or, in
the event any of them may not be cashed due to County or banking
regulations, replacement warrants or checks as partial payment of the
sums set forth herein and that the District shall pay the additional
balance of $3,715.85 within thirty (30) days of the date of approval by
the governing bodies of the City and District of this agreement.
b. The District and City, each on behalf of themselves, their officers,
elected officials, successors and assigns agree to release any and all
claims, actions or causes of actions, and waive their rights to the same,
arising out of or relating to the provision of EMS and fire services by
Arlington to District. Except for enforcement of this Agreement, and
as otherwise provided in this Agreement, all legal and equitable issues
between and among the parties which were raised or which could have
been raised by and between the parties are deemed fully and finally
resolved.
(14) Relinquishment of license by Arlington. As further consideration for this
agreement, the City agrees to take all steps reasonably necessary to relinquish Arlington’s
basic life support (BLS) license for all of that portion of its service area within District 21
and shall not oppose District 21’s effort to secure a BLS license from the Department of
Health to serve residents of District 21. A condition of this relinquishment shall be an
understanding that the parties will work with SNOPAC to ensure that District 21’s closest
available unit or units other than City units shall be primary responders to BLS incidents
occurring within District 21. Neither party shall request changes to run cards or dispatch
priority without advance written notice to the other party.
(15) Modification. This Agreement represents the entire agreement between
the Parties. No attempted waiver of any of the provisions of this Agreement shall be
binding on any Party unless executed in writing by an authorized representative of said
Party. The Agreement shall not be modified, supplemented or otherwise affected by the
course of dealing between the Parties, and shall only be modified by written agreement of
all Parties.
(16) Benefits. This Agreement is entered into for the benefit of the Parties
hereto only and shall confer no benefits, direct or implied, on any third persons.
(17) Notices. All notices, requests, demands and other communications
required by this Agreement shall be in writing, and, except as expressly provided
elsewhere in this Agreement, shall be deemed to have been given at the time of delivery
if personally delivered or at the time of mailing if mailed by first class, postage pre-paid
and addressed to the receiving Party at the address as stated below or at such address as
any Party may designate at any time in writing.
(18) Multiple Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be considered an original. Executed counterparts shall
be kept on file in the Arlington City Clerk’s office. A signed document shall be recorded
with the county auditor and/or posted on the City of Arlington web site as required by
RCW 39.34.040.
DATED this ______day of ______________, 2016.
CITY OF ARLINGTON
______________________________
Barbara Tolbert, Mayor
Address for notice purposes:
238 N. Olympic Avenue
Arlington, WA. 98223
ATTEST:
______________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
______________________________
Steven J. Peiffle, City Attorney
SNOHOMISH COUNTY FIRE
PROTECTION DISTRICT NO.21
By:______________________________
James Strago, Commissioner
By:______________________________
Dan Britton, Commissioner
By:______________________________
Eric Nordstrom, Commissioner
Address for notice purposes:
12131 228th St. NE
P.O. Box 275
Arlington, WA 98223
APPROVED AS TO FORM:
______________________________
Brian K. Snure, Attorney for District 21
City of Arlington
Council Agenda Bill
Item:
NB #2
Attachment
D
COUNCIL MEETING DATE:
July 18, 2016
SUBJECT:
Civil Service Commission Appointment
ATTACHMENTS:
Redacted Application
Memo of Recommendation
DEPARTMENT OF ORIGIN
Human Resources
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Applicant Thad Hovis was interviewed for the vacant Civil Service Commission
position on June 28. This appointment will fill the position vacated by Jim Rankin. If
appointed, Thad’s term would expire on April 1, 2022.
HISTORY:
ALTERNATIVES
Approve staff’s recommendation with modifications
Table staff’s recommendation
Deny staff’s recommendation
RECOMMENDED MOTION:
I move to approve the appointment of Thad Hovis to the Civil Service Commission,
for a term expiring April 1, 2022.
Thad A. Hovis
✔
5/23/2016
(Attach page for additional space)
I am applying for consideration for the open position on the City of Arlington Civil Service Commission.
Upon inquiring to the city about the open position I learned that the outgoing member is a member of the
fire service community. I'm hopeful my background would serve to fill that upcoming void on the council
and balance well with the existing incumbent commission members. I've attached a copy of my resume
for review. My motivation to apply is to help in a small way serve the community in a volunteer capacity
by applying my background to serve the city and the local police and fire personnel who I hold in high
regard. I believe that ensuring transparent, fair and equitable hiring and promotional processes sets the
foundation for successful 911 operations as well as sets a basis for good public relations with
customers. Because of that I have been selected by my employer's HR department to serve on many
entry level and lateral hiring processes for firefighter and firefighter/paramedic positions. Thank you for
considering me for this position.
Lodging Tax applicants must attach a letter of support from the organization they are representing.
MEMO
City of Arlington
Human Resources
To: Mayor Barb Tolbert
Cc: Paul Ellis, Steve Peterson, Marilyn Oertle, Jesica Stickles, and Kay Duskin
From: Deana Dean
Date: June 29, 2016
Subject: Civil Service Commission Applicants
As you may be aware, the Civil Service Commission has been operating as a two person
commission since April 1, 2016 when Jim Rankin’s term expired.
We advertised the vacancy two separate times and received a total of four applications.
A panel consisting of Civil Service Commissioner Steve Peterson, City Councilmember Marilyn
Oertle, City Councilmember Jesica Stickles, and myself held interviews on Tuesday June 28,
2016. The panel agrees that applicant Thad Hovis would be an asset with his fire background, is
interested in participating in the community, and would be a welcome addition to the vacant
Commission seat.
The panel recommends the appointment of Thad Hovis to the Civil Service Commission.
City of Arlington
Council Agenda Bill
Item:
NB #3
Attachment
E
COUNCIL MEETING DATE:
July 18, 2016
SUBJECT:
Land Use Code Amendment to Title 20, Chapter 20.102 & 20.44 of the AMC relating to
Wireless Facilities.
ATTACHMENTS:
Draft Ordinance
DEPARTMENT OF ORIGIN
Community & Economic Development
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Adding a new Chapter and establishing development regulations relating to collocation,
removal and replacement of wireless facilities and amending the Chapter 20.44 to be
consistent with the new Chapter. Several meetings/discussions were held with the Planning
Commission, and a Noticed Public Hearing was held on June 21, 2016 and continued to July 7,
2016. The Planning Commission’s Findings of Facts will be provided as part of this ordinance.
HISTORY:
The new Chapter is a result of the enactment by Congress of Section 6409 of the Spectrum Act,
which implements additional substantive and procedural limitations upon state and local
government authority to regulate modification of existing wireless antenna support structures
and base stations. The Spectrum Act mandates that local governments approve, and cannot
deny, an application requesting modification of an existing tower or base station if such
modification does not substantially change the physical dimensions of such tower or base
station.
ALTERNATIVES
Approve staff’s recommendation with modifications
Table staff’s recommendation
Deny staff’s recommendation
RECOMMENDED MOTION:
I move to approve the ordinance amending AMC 20.44.034 and adopting a new chapter
20.102 relating to Wireless Facilities.
2nd Draft – 6/22/16
Page 1
20.44.034 ‐ Wireless communications facilities.
(a) Purpose. This section is intended to provide for a wide range of locations and options for wireless
communication providers while minimizing the visual impacts associated with wireless communication
facilities. It is also intended to encourage creative approaches in locating wireless communication
facilities so as to encourage facilities to blend in with the surroundings of such facilities. This section
is intended to work in concert with other sections of this code. If there is a conflict between wireless
facilities and other sections of this title then the most restrictive requirements apply.
(b) General Wireless Communication Facilities Development Standards. Unless other modified by
subsequent subsections, all wireless communication facilities shall be subject to the following
standards and requirements.
(1) Co-location Collocation on an existing support structures shall be encouraged and shall comply
with AMC 20.102. All wireless communication facilities support structures shall be built to
accommodate the location of two or more wireless communications facilities unless proved
infeasible. It shall be a continuing condition on all land use permits issued for a wireless
communication facility that the permit holder allows co-location collocation for reasonable
compensation. Co-location Collocation on an existing support structures or base stations shall be
exempt from zoning and development regulations, provided that permitted without an additional
permit, an application for an “Eligible Facilities Request” has been received and determined that
provided there is not substantial change to the existing support structure or base station, per the
criteria in AMC 20.102.
(2) Except for micro- and mini- facilities, shelters or cabinets used to house radio electronics
equipment and the associated cabling connecting the equipment shelter or cabinet to the facility
support structure shall be concealed, screened, camouflaged or placed underground.
(3) Wireless communication facilities shall be integrated through location and design to blend in with
the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be
preserved or improved, and disturbance of the existing topography shall be minimized, unless
such disturbance would result in less visual impact of the site to the surrounding area.
(4) Federal Aviation Administration Jurisdiction. All applications for telecommunications facilities
regulated by this section must comply with all FAA requirements pertaining to operations of a
telecommunications device on or near the Arlington Airport, including FAA Part 77 regulations. It
is the responsibility of the applicant to be familiar with and meet relevant FAA regulations.
(5) All wireless telecommunications facilities are subject to Section 20.44.210 (Noise).
(6) Signals emanating to or from wireless communications equipment shall conform to current FCC
regulations with regard to avoiding the creation of interference to neighboring electronic or other
operating devices.
(7) FCC Preemption. In any proceeding regarding the issuance of a permit under the terms of this
section, federal law prohibits consideration of environmental effects of radio frequency emissions
to the extent that the proposed facilities comply with the Federal Communications regulations
concerning such emission.
(c) Development Standards for Micro Facilities.
(1) Micro facilities shall comply with Section 20.48.060 (Building Height Limitations), except when
installed completely within appurtenant structures exempted by Subsection (c) of that section.
(2) The permitted antenna height includes the wireless communication facility support structure.
(3) Structures that are nonconforming with respect to height may be used for the placement of micro
facilities providing they do not extend more than six feet above the existing structure. Placement
of an antenna on a nonconforming structure shall not be considered to be an expansion of the
nonconforming structure.
2nd Draft – 6/22/16
Page 2
(4) A micro facility shall be located on existing buildings, poles, or other existing support structures,
but only if the interior wall or ceiling immediately adjacent to the facility is not designated
residential space.
(5) The shelter or cabinet used to house radio electronic equipment shall be contained wholly within
a building or structure, or otherwise appropriately concealed, camouflaged or located
underground.
(6) In R-LMD, and R-MD zones, micro facilities for a specific wireless provider shall be separated by
a distance of at least one thousand three hundred twenty linear feet from other wireless
communications facilities.
(7) The facility shall also comply with the requirements of Subsection (b).
(d) Development Standards for Mini Facilities.
(1) Mini facilities shall comply with Section 20.48.060 (Building Height Limitations) except as follows:
Omni directional antennas may exceed the height limitation by ten feet, or in the case of
nonconforming structures, the antennas may extend ten feet above the existing structure. Panel
antennas may exceed the height limitation if affixed to the side of an existing nonconforming
building and blends in architecturally with the building. Placement of an antenna on a
nonconforming structure shall not be considered to be an expansion of the nonconforming
structure.
(2) A mini facility may be located on existing buildings, poles, or other existing support structures, but
only if the interior wall or ceiling immediately adjacent to the facility is not designated residential
space.
(3) The shelter or cabinet used to house radio electronic equipment shall be contained wholly within
a building or structure, or otherwise appropriately concealed, camouflaged or located
underground.
(4) The facility shall also comply with the requirements of Subsection (b).
(e) Development Standards for Macro Facilities.
(1) Macro facilities shall comply with Section 20.48.060 (Building Height Limitations), except as
follows: Omni directional antennas may exceed the height limitation by fifteen feet, or in the case
of nonconforming structures, the antennas may extend fifteen feet above the existing structure.
Panel antennas may exceed the height limitation if affixed to the side of an existing building and
architecturally blends in with the building. Placement of an antenna on a nonconforming structure
shall not be considered to be an expansion of the nonconforming structure.
(2) The macro facility shall be the same color as the existing building, pole or support structure on
which it is proposed to be located unless the permit-issuing authority makes findings that a
different color would be less intrusive and better blend with the existing structure.
(3) A macro facility may be located on existing buildings, poles, or other existing support structures,
but only if the interior wall or ceiling immediately adjacent to the facility is not designated
residential space.
(4) The facility shall also comply with the requirements of Subsection (b).
(f) Development Standards for Monopole I.
(1) Macro facilities are the largest wireless communication facilities allowed on a Monopole I.
Antennas equal to or less than fifteen feet in height or up to four inches in diameter may be a
component of a Monopole I facility.
(2) Monopole I facilities are exempt from Section 20.48.060 (Building Height Limitations). The
maximum height for a Monopole II facility support structure shall be sixty feet. Antennas may
extend above the Monopole I wireless communications support structure another fifteen feet,
2nd Draft – 6/22/16
Page 3
making the maximum permitted height of the support structure and antennas seventy-five feet
(sixty feet plus fifteen feet).
(3) Monopole I facilities shall be separated from other wireless communications facilities by a
distance of at least five hundred feet.
(4) Monopole I facilities are not allowed within three hundred feet of a residential zone.
(5) Monopole I facilities must comply with FAA Part 77 regulations.
(6 5) The facility shall also comply with the requirements of Subsection (b).
(g) Development Standards for Monopole II.
(1) Monopole II facilities are only permitted in the portion of the General Industrial (GI) district east of
67th Avenue NE and south of 204th Street NE, and the entire Highway Commercial (HC) Zone.
(2) Macro facilities are the largest permitted wireless communication facilities allowed on a Monopole
II facility.
(3) Monopole II facilities are exempt from Section 20.48.060 (Building Height Limitations). The
maximum height for a Monopole II facility support structure shall be one hundred fifty feet.
Antennas may extend above the Monopole II wireless communications support structure another
fifteen feet, making the maximum permitted height of the support structure and antennas one
hundred sixty-five feet (one hundred fifty feet plus fifteen feet).
(4) Monopole II facilities shall be separated from other wireless communications facilities by a
distance of at least five hundred feet.
(5) Monopole II facilities are not allowed within three hundred feet of a residential zone.
(6) Monopole II facilities must comply with FAA Part 77 regulations.
(7 6) The facility shall also comply with the requirements of Subsection (b).
(h) Development Standards for Lattice Towers.
(1) Lattice towers are only permitted in the portion of the General Industrial (GI) district east of 67th
Avenue NE and south of 204th Street NE, and the Highway Commercial Zone (HC).
(2) Macro facilities are the largest permitted wireless communication facilities allowed on a lattice
tower.
(3) Lattice tower facilities are exempt from Section 20.48.060 (Building Height Limitations). The
maximum height for a lattice tower facility support structure shall be two hundred feet. Antennas
may extend above the lattice tower wireless communications support structure another fifteen
feet, making the maximum permitted height of the support structure and antennas two hundred
fifteen feet (two hundred feet plus fifteen feet).
(4) A distance equal or greater than five hundred feet shall separate lattice towers from each other.
(5) Lattice towers are not permitted within three hundred feet of a residential zone.
(6) Co-location of wireless communication facilities on an existing support structure shall be
encouraged. All lattice tower support structures shall be built to accommodate the location of two
or more wireless communications facilities. Co-location on an existing support structure shall be
permitted without an additional permit, provided there is not substantial change to the existing
support structure.
(7) The facility shall also comply with the requirements of Subsection (b).
(i h) Modification of Existing Facilities. Minor modifications to existing wireless communications facilities
and attached wireless communications facilities, whether emergency or routine, are exempt from
having to obtain a land use permit so long as there is little or no change in the visual appearance.
Minor modifications are those modifications, including the addition of antennas, to permitted wireless
2nd Draft – 6/22/16
Page 4
and attached wireless communications facilities that meet the requirements set forth in this section
and AMC 20.102.
(j) Obsolescence. A wireless communications facility or attached wireless communications facility shall
be removed by the facility owner within six months of the date it ceases to be operational or if the
facility falls into disrepair.
(Ord. 1309 § 5(part), 2003)
ORDINANCE NO. 2016-XXX 1
ORDINANCE NO. 2016-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
RELATING TO COLLOCATION, REMOVAL AND REPLACEMENT OF
WIRELESS FACILITIES; ADDING A NEW CHAPTER 20.102 TO THE
ARLINGTON MUNICIPAL CODE; ESTABLISHING DEVELOPMENT
REGULATIONS FOR COLLOCATION, REMOVAL AND REPLACEMENT OF
WIRELESS TRANSMISSION FACILITIES TO CONFORM TO FEDERAL LAW
AND REGULATIONS; ESTABLISHING AN APPLICATION SUBMITTAL AND
APPROVAL PROCESS; PROVIDING FOR TERMINATION OF
NONCONFORMING STRUCTURES; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE
WHEREAS, in 1934, Congress enacted the Communications Act of 1934,
creating the FCC and granting it authority over common carriers engaged in the provision
of interstate or foreign communications services; and
WHEREAS, in 1996 Congress enacted Pub. L. No. 104-104, 110 Stat. 70 (the
“1996 Act”), amending the Communications Act of 1934 and implementing regulations
applicable to both wireless and wireline communications facilities for the purpose of
removal of barriers to entry into the telecommunications market while preserving local
government zoning authority except where specifically limited under the 1996 Act; and
WHEREAS, in the 1996 Act, Congress imposed substantive and procedural
limitations on the traditional authority of state and local governments to regulate the
location, construction, and modification of wireless facilities and incorporated those
limitations into the Communications Act of 1934; and
WHEREAS, the City has adopted regulations that have been codified as part of
the Municipal Code of the City establishing local requirements for the location,
construction, and modification of wireless facilities; and
WHEREAS, in 2012 Congress passed the “Middle Class Tax Relief and Job
Creation Act of 2012” (the “Spectrum Act”) (PL-112-96; codified at 47 U.S.C. §
1455(a)); and
WHEREAS, Section 6409 (hereafter “Section 6409”) of the Spectrum Act
implements additional substantive and procedural limitations upon state and local
government authority to regulate modification of existing wireless antenna support
structures and base stations; and
WHEREAS, Congress through its enactment of Section 6409 of the Spectrum
Act, has mandated that local governments approve, and cannot deny, an application
requesting modification of an existing tower or base station if such modification does not
ORDINANCE NO. 2016-XXX 2
substantially change the physical dimensions of such tower or base station; and
WHEREAS, the 1996 Act empowers the Federal Communications Commission
(the“FCC”) to prescribe such rules and regulations as may be necessary in the public
interest to carry out the provisions of the 1996 Act, and subsequently added portions of
the 1996 Act such as Section 6409; and
WHEREAS, the FCC, pursuant to its rule making authority, adopted and released
a Notice of Proposed Rulemaking in September of 2013 (In re Acceleration of Broadband
Deployment by Improving Wireless Facilities Siting Policies, WT Docket Nos. 13-238,
13-32; WC Docket No. 11-59; FCC 13-122) which focused in part upon whether or not
the FCC should adopt rules regarding implementation of Section 6409; and
WHEREAS, on October 21, 2014, the FCC issued its report and order, WT
Docket Nos. 13-238, 13-32; WC Docket No. 11-59; FCC 14-153, in the above described
proceeding (the “Report and Order” or “Order”) clarifying and implementing statutory
requirements related to state and local government review of infrastructure siting,
including Section 6409, with the intent of facilitating and expediting the deployment of
equipment and infrastructure to meet the demand for wireless capacity; and
WHEREAS, the rules adopted by the FCC in its Report and Order implementing
Section 6409 are intended by the FCC to spur wireless broadband deployment, in part, by
facilitating the sharing of infrastructure that supports wireless communications through
incentives to collocate on structures that already support wireless facilities; and
WHEREAS, the Report and Order also adopts measures that update the FCC’s
review processes under the National Environmental Policy Act of 1969 (“NEPA”) and
section 106 of the National Historic Preservation Act of 1966 (“NHPA”), with a
particular emphasis on accommodating new wireless technologies that use smaller
antennas and compact radio equipment to provide mobile voice and broadband service;
and
WHEREAS, on January 5, 2015, the FCC released an Erratum to the Report and
Order making certain amendments to the provisions of the Report and Order related to
NEPA and Section 106 of the NHPA; and
WHEREAS, that part of the Report and Order related to implementation of
Section 6409, amends 47 C.F.R. Part 1 (PART 1 – PRACTICE AND PROCEDURE) by
adding new Subpart CC § 1.40001 and establishing both substantive and procedural
limitations upon local government application and development requirements applicable
to proposals for modification to an existing antenna support structure or an existing base
station (“Eligible Facility Request Rules”); and
WHEREAS, the Order, among other things, defines key terms utilized in Section
6409, establishes application requirements limiting the information that can be required
ORDINANCE NO. 2016-XXX 3
from an applicant, implements a shot clock and tolling provisions, establishes a deemed
approved remedy for applications not timely responded to, requires cities to approve a
project permit application requesting modification of an existing tower or base station
that does not substantially change the physical dimensions of such tower or base station,
and establishes development standards that govern such proposed modifications; and
WHEREAS, the Report and Order provides that the Eligible Facility Request
Rules will be effective 90 days following publication in the Federal Register; and
WHEREAS, the Order was published in the Federal Register on Thursday,
January 8,2015, Federal Register; Vol. 80; No. 5, resulting in the Eligible Facility
Request Rules becoming effective on April 8, 2015; and
WHEREAS, the Order is subject to appeal, however, even if an appeal is filed, the
appeal will not automatically result in delay of implementation of the Eligible Facility
Request Rules; and
WHEREAS, the City Council finds that it is required under Section 6409 of the
Spectrum Act and the Eligible Facility Request Rules established in the Order, to adopt
and implement local development and zoning regulations that are consistent with Section
6409 and the Order; and
WHEREAS, an Environmental Checklist for a non-project action was prepared
under the State Environmental Policy Act (RCW Chapter 43.21.C), pursuant to
Washington Administrative Code Chapter 197-11, and a determination of Non-
Significance (“DNS”) was issued on the ____ day of ___________, 20____; and
WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, a
notice of intent to adopt the proposed new development regulations was sent to the State
of Washington Department of Commerce and to other state agencies to allow for a 60-
day review and comment period, which comment period ended prior to adoption of this
ordinance; and
WHEREAS, on the ___ day of __________, 20____the Planning Commission
held a duly noticed public meeting related to the proposed interim development and
zoning regulations set forth in the proposed ordinance; and
WHEREAS, the City Council considered the proposed development and zoning
regulations on the ___ day of __________, 20____; and
WHEREAS, the City Council finds that the proposed development and zoning
regulations are reasonable and necessary in order bring the City’s development
regulations into compliance with the mandate imposed upon the City by Congress
pursuant to Section 6409 and the regulations imposed upon the City by the FCC pursuant
to its Report and Order, and are therefore in the public interest;
ORDINANCE NO. 2016-XXX 4
NOW, THEREFORE, the City Council of the City of Arlington Washington, do
ordain as follows:
Section 1. New Chapter Added (Eligible Facilities Request). Title 20 of the
Arlington Municipal Code is hereby amended by the addition of a new chapter to be
known and referred to as Chapter 20.102, Eligible Facilities Modifications, and reading
as follows:
AMC 20.102 Eligible Facilities Modifications
20.102.010. Title
20.102.020. Adoption of Findings and Conclusions.
20.102.030. Purpose and Intent
20.102.040. Definitions
20.102.050. Application Review
20.102.060. Enforcement
20.102.010 Title. This Chapter shall be known and referred to as the
“Eligible Facilities Modification Code” or “EFM Code”. Unless the context
indicates otherwise, a reference herein to “this code” or “this chapter” shall mean
and refer to the Eligible Facilities Modification Code.
20.102.020. Adoption of Findings and Conclusions. The recitals set forth
in the ordinance adopting this code are adopted as findings and conclusions of the
City Council.
20.102.030. Purpose and Intent. The purpose and intent of this Chapter
are:
A. To implement § 6409 of the “Middle Class Tax Relief and Job
Creation Act of 2012” (the “Spectrum Act”) (PL-112-96; codified at 47
U.S.C. § 1455(a)) which requires the City to approve any eligible facilities
request for a modification of an existing tower or base station that does not
substantially change the physical dimensions of such tower or base station;
B. To implement the FCC rules set forth at 47 C.F.R. Part 1
(PART 1 – PRACTICE AND PROCEDURE) new Subpart CC § 1.40001
(Wireless Facility Modifications), which rules implement § 6409 of the
Spectrum Act;
C. To establish procedural requirements and substantive criteria
applicable to review and approval or denial of applications for an eligible
facilities modification;
D. To ensure that application submittal requirements are related to
ORDINANCE NO. 2016-XXX 5
information reasonably necessary to the determination of whether or not
the proposed modification will result in a substantial change in the
physical dimensions of the eligible support structure;
E. To exempt facilities modifications approved under this chapter
as eligible facilities requests from zoning and development regulations
that are inconsistent with or preempted by Section 6409 of the Spectrum
Act;
F. To preserve the City’s right to continue to enforce and condition
approvals under this chapter on compliance with generally applicable
building, structural, electrical, and safety codes and with other laws
codifying objective standards reasonably related to health and safety;
G. To promote timely decisions under this chapter;
H. To ensure that decisions are made consistently and predictably;
I. To incorporate provisions of RCW 43.21C.0384 that exempt
eligible facilities modifications from review under RCW
43.21C.030(2)(c), (State Environmental Policy Act);
J. To recognize that Section 6409(a)(1) of the Spectrum Act
operates to preempt any provision of the State Environmental Policy Act
(RCW Ch. 43.21C) to the extent that any such provision, including RCW
43.21C.030(2)(c), would prohibit a City from approving any eligible
facilities request for a modification of an existing wireless tower or base
station that does not substantially change the physical dimensions of such
tower or base station; and
K. To provide for termination of eligible facilities modifications
approved pursuant to this chapter, as nonconforming structures in the
event that § 6409(a) of the Spectrum Act is found to be unconstitutional or
otherwise determined to be invalid or unenforceable and such
modifications would otherwise have been in derogation of development
regulations in place at the time of receipt of a completed application.
20.102.040. Definitions. The following definitions shall apply in the
interpretation and enforcement of this chapter, unless the context clearly requires
otherwise. Any term or phrase not defined herein, shall have the meaning that is
given to that term or phrase in Chapter 20.08 of the Arlington Municipal Code
(AMC). When not inconsistent with the context, words used in the present tense
include the future, words in the plural include the singular, and words in the
singular include the plural. The word “shall” is always mandatory and not merely
directory and the word “may” is always discretionary. References to
governmental entities (whether persons or entities) refer to those entities or their
successors in authority. If specific provisions of law, regulation or rule referred to
herein be renumbered or amended, then the reference shall be read to refer to the
renumbered or amended provision.
“Base station” shall mean and refer to the structure or equipment at a fixed
location that enables wireless communications licensed or authorized by the FCC,
ORDINANCE NO. 2016-XXX 6
between user equipment and a communications network. The term does not
encompass a tower as defined in this chapter or any equipment associated with a
tower. The term includes, without limitation:
(i) equipment associated with wireless communications services
such as private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
(ii) radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration (including Distributed Antenna Systems
and small-cell networks).
(iii) any structure other than a tower that, at the time an eligible
facilities request is filed with the City under this Chapter, supports or
houses equipment described in paragraphs (i) - (ii) above, and that has
been reviewed and approved under the applicable zoning or siting process,
or under another State, county or local regulatory review process, even if
the structure was not built for the sole or primary purpose of providing
such support.
(iv) The term does not include any structure that, at the time a
completed eligible facilities modification application is filed with the City
under this section, does not support or house equipment described in
paragraphs (i) - (ii) above.
“Collocation” shall mean and refer to the mounting or installation of
transmission equipment on an eligible support structure for the purpose of
transmitting and/or receiving radio frequency signals for communications
purposes.
“Eligible Facilities Request” shall mean and refer to any request for
modification of an existing tower or base station that does not substantially
change the physical dimensions of such tower or base station, involving:
(i) Collocation of new transmission equipment;
(ii) Removal of transmission equipment; or
(iii) Replacement of transmission equipment.
“Eligible support structure” shall mean and refer to any existing tower or
base station as defined in this chapter, provided that it is in existence at the time
the eligible facilities modification application is filed with the City under this
chapter.
“Existing” shall, for purpose of this chapter and as applied to a tower or
base station, mean and refer to a constructed tower or base station that has been
reviewed and approved under the applicable zoning or siting process of the City,
or under another State, county or local regulatory review process; provided that, a
tower that has not been reviewed and approved because it was not in a zoned area
ORDINANCE NO. 2016-XXX 7
when it was built, but was lawfully constructed, is existing for purposes of this
definition.
“Site” shall, for towers other than towers in the public rights-of-way, mean
and refer to the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to the site, and, for
other eligible support structures, shall mean and be further restricted to, that area
in proximity to the structure and to other transmission equipment already
deployed on the ground.
“Substantial change” shall refer to a change which substantially changes
the physical dimensions of an eligible support structure which meets any of the
following criteria:
(i) For towers other than towers in the public rights of way, it
increases the height of the tower by more than 10% or by the
height of one additional antenna array with separation from the
nearest existing antenna not to exceed twenty feet, whichever is
greater; for other eligible support structures, it increases the height
of the structure by more than 10% or more than ten feet, whichever
is greater;
(ii) For towers other than towers in the public rights of way, it
involved adding an appurtenance to the body of the tower that
would protrude from the edge of the tower more than twenty (20)
feet, or more than the width of the tower structure at the level of
the appurtenance, whichever is greater; for other eligible support
structures, it involves adding an appurtenance to the body of the
structure that would protrude from the edge of the structure by
more than six feet;
(iii) For any eligible support structure, it involves installation of more
than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights of way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no pre-
existing ground cabinets associate with the structure, or else
involves installation of ground cabinets that are more than 10%
larger in height or overall volume than any other ground cabinets
associated with the structure;
(iv) It entails any excavation or deployment outside the current site;
(v) It would defeat the concealment elements of the eligible support
structure; or
(vi) It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base station equipment, provided however that this
limitation does not apply to any modification that is non-compliant
ORDINANCE NO. 2016-XXX 8
only in a manner that would not exceed the thresholds identified in
paragraphs (i) – (iv) of this section.
“Transmission Equipment” shall mean and refer to equipment that
facilitates transmission for any wireless communication service licensed or
authorized by the FCC, including, but not limited to, radio transceivers, antennas,
coaxial or fiber-optic cable, and regular and backup power supply. The term
includes equipment associated with wireless communications services including,
but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave
backhaul.
“Tower” shall mean and refer to any structure built for the sole or primary
purpose of supporting any antennas and their associated facilities, licensed or
authorized by the FCC, including structures that are constructed for wireless
communications services including, but not limited to, private, broadcast, and
public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul, and the associated site.
20.102.050 Application Review.
A. Application. City of Arlington shall prepare and make
publicly available an application form which shall be limited to the
information necessary for City to consider whether an application is an
Eligible Facilities Request. The application may not require the applicant
to demonstrate a need or business case for the proposed modification.
B. Type of Review. Upon receipt of an application for an
Eligible Facilities Request pursuant to this Chapter, [identify appropriate
department—e.g., Public Works, Planning] shall review such
application to determine whether the application so qualifies.
C. Timeframe for Review. Within 60 days of the date on which
an applicant submits an application seeking approval under this Chapter,
City shall approve the application unless it determines that the application
is not covered by this Chapter.
D. Tolling of the Timeframe for Review. The 60-day review
period begins to run when the application is filed, and may be tolled only
by mutual agreement by City and the applicant, or in cases where
[jurisdiction’s reviewing body] determines that the application is
incomplete. The timeframe for review is not tolled by a moratorium on
the review of applications.
i. To toll the timeframe for incompleteness, City must
approve written notice to the applicant within 30 days of receipt of
the application, specifically delineating all missing documents or
information required in the application.
ORDINANCE NO. 2016-XXX 9
ii. The timeframe for review begins running again
when the applicant makes a supplemental submission in response
to City’s notice of incompleteness.
iii. Following a supplemental submission, City will
notify the applicant within 10 days that the supplemental
submission did not provide the information identified in the
original notice delineating missing information. The timeframe is
tolled in the case of second or subsequent notices pursuant to the
procedures identified in paragraph (d) of this section. Second or
subsequent notices of incompleteness may not specify missing
documents or information that were not delineated in the original
notice of incompleteness.
E. Interaction With Section 332(c)(7). If City determines that
the applicant’s request is not covered by Section 6409(a) as delineated
under this Chapter, the presumptively reasonable timeframe under Section
332(c)(7), as prescribed by the FCC’s Shot Clock order, will begin to run
from the issuance of City’s decision that the application is not a covered
request. To the extent such information is necessary, City may request
additional information from the applicant to evaluate the application under
Section 332(c)(7), pursuant to the limitations applicable to other Section
332(c)(7) reviews.
F. Failure to Act. In the event City fails to approve or deny a
request seeking approval under this Chapter within the timeframe for
review (accounting for any tolling), the request shall be deemed granted.
The deemed grant does not become effective until the applicant notifies
the applicable reviewing authority in writing after the review period has
expired (accounting for any tolling) that the application has been deemed
granted.
G. Remedies. Applicants and City may bring claims related to
Section 6409(a) to any court of competent jurisdiction.
20.102.060 Enforcement; Violation.
Compliance with the provisions of this chapter is mandatory. Any
violation hereof is subject to enforcement under the code enforcement provisions
set forth at AMC Chapter 11.01 of the City Code.
Section 2. Arlington Municipal Code Section 20.44.034 shall be and hereby
is amended to read as follows:
20.44.034 - Wireless communications facilities.
(a) Purpose. This section is intended to provide for a wide range of
locations and options for wireless communication providers while minimizing the
visual impacts associated with wireless communication facilities. It is also
intended to encourage creative approaches in locating wireless communication
facilities so as to encourage facilities to blend in with the surroundings of such
ORDINANCE NO. 2016-XXX 10
facilities. This section is intended to work in concert with other sections of this
code. If there is a conflict between wireless facilities and other sections of this
title then the most restrictive requirements apply.
(b) General Wireless Communication Facilities Development
Standards. Unless other modified by subsequent subsections, all wireless
communication facilities shall be subject to the following standards and
requirements.
(1) Collocation on existing support structures shall be
encouraged and shall comply with AMC 20.102. All wireless
communication facilities support structures shall be built to accommodate
the location of two or more wireless communications facilities unless
proved infeasible. It shall be a continuing condition on all land use permits
issued for a wireless communication facility that the permit holder allows
collocation for reasonable compensation. Collocation on existing
support structures or base stations shall be exempt from zoning and
development regulations, provided that an application for an “Eligible
Facilities Request” has been received and determined that there is no
substantial change to the existing support structure or base station, per the
criteria in AMC 20.102.
(2) Except for micro- and mini- facilities, shelters or cabinets
used to house radio electronics equipment and the associated cabling
connecting the equipment shelter or cabinet to the facility support
structure shall be concealed, screened, camouflaged or placed
underground.
(3) Wireless communication facilities shall be integrated
through location and design to blend in with the existing characteristics of
the site to the extent practical. Existing on-site vegetation shall be
preserved or improved, and disturbance of the existing topography shall be
minimized, unless such disturbance would result in less visual impact of
the site to the surrounding area.
(4) Federal Aviation Administration Jurisdiction. All
applications for telecommunications facilities regulated by this section
must comply with all FAA requirements pertaining to operations of a
telecommunications device on or near the Arlington Airport, including
FAA Part 77 regulations. It is the responsibility of the applicant to be
familiar with and meet relevant FAA regulations.
(5) All wireless telecommunications facilities are subject to
Section 20.44.210 (Noise).
(6) Signals emanating to or from wireless communications
equipment shall conform to current FCC regulations with regard to
avoiding the creation of interference to neighboring electronic or other
operating devices.
(7) FCC Preemption. In any proceeding regarding the issuance
of a permit under the terms of this section, federal law prohibits
consideration of environmental effects of radio frequency emissions to the
ORDINANCE NO. 2016-XXX 11
extent that the proposed facilities comply with the Federal
Communications regulations concerning such emission.
(c) Development Standards for Micro Facilities.
(1) Micro facilities shall comply with Section 20.48.060
(Building Height Limitations), except when installed completely within
appurtenant structures exempted by Subsection (c) of that section.
(2) The permitted antenna height includes the wireless
communication facility support structure.
(3) Structures that are nonconforming with respect to height
may be used for the placement of micro facilities providing they do not
extend more than six feet above the existing structure. Placement of an
antenna on a nonconforming structure shall not be considered to be an
expansion of the nonconforming structure.
(4) A micro facility shall be located on existing buildings,
poles, or other existing support structures, but only if the interior wall or
ceiling immediately adjacent to the facility is not designated residential
space.
(5) The shelter or cabinet used to house radio electronic
equipment shall be contained wholly within a building or structure, or
otherwise appropriately concealed, camouflaged or located underground.
(6) In R-LMD, and R-MD zones, micro facilities for a specific
wireless provider shall be separated by a distance of at least one thousand
three hundred twenty linear feet from other wireless communications
facilities.
(7) The facility shall also comply with the requirements of
Subsection (b).
(d) Development Standards for Mini Facilities.
(1) Mini facilities shall comply with Section 20.48.060
(Building Height Limitations) except as follows: Omni directional
antennas may exceed the height limitation by ten feet, or in the case of
nonconforming structures, the antennas may extend ten feet above the
existing structure. Panel antennas may exceed the height limitation if
affixed to the side of an existing nonconforming building and blends in
architecturally with the building. Placement of an antenna on a
nonconforming structure shall not be considered to be an expansion of the
nonconforming structure.
(2) A mini facility may be located on existing buildings, poles,
or other existing support structures, but only if the interior wall or ceiling
immediately adjacent to the facility is not designated residential space.
(3) The shelter or cabinet used to house radio electronic
equipment shall be contained wholly within a building or structure, or
otherwise appropriately concealed, camouflaged or located underground.
(4) The facility shall also comply with the requirements of
Subsection (b).
(e) Development Standards for Macro Facilities.
ORDINANCE NO. 2016-XXX 12
(1) Macro facilities shall comply with Section 20.48.060
(Building Height Limitations), except as follows: Omni directional
antennas may exceed the height limitation by fifteen feet, or in the case of
nonconforming structures, the antennas may extend fifteen feet above the
existing structure. Panel antennas may exceed the height limitation if
affixed to the side of an existing building and architecturally blends in
with the building. Placement of an antenna on a nonconforming structure
shall not be considered to be an expansion of the nonconforming structure.
(2) The macro facility shall be the same color as the existing
building, pole or support structure on which it is proposed to be located
unless the permit-issuing authority makes findings that a different color
would be less intrusive and better blend with the existing structure.
(3) A macro facility may be located on existing buildings,
poles, or other existing support structures, but only if the interior wall or
ceiling immediately adjacent to the facility is not designated residential
space.
(4) The facility shall also comply with the requirements of
Subsection (b).
(f) Development Standards for Monopole I.
(1) Macro facilities are the largest wireless communication
facilities allowed on a Monopole I. Antennas equal to or less than fifteen
feet in height or up to four inches in diameter may be a component of a
Monopole I facility.
(2) The maximum height for a Monopole I facility support
structure shall be sixty feet. Antennas may extend above the Monopole I
wireless communications support structure another fifteen feet, making the
maximum permitted height of the support structure and antennas seventy-
five feet (sixty feet plus fifteen feet).
(3) Monopole I facilities shall be separated from other wireless
communications facilities by a distance of at least five hundred feet.
(4) Monopole I facilities are not allowed within three hundred
feet of a residential zone.
(5) The facility shall also comply with the requirements of
Subsection (b).
(g) Development Standards for Monopole II.
(1) Monopole II facilities are only permitted in the portion of
the General Industrial (GI) district east of 67th Avenue NE and south of
204th Street NE, and the entire Highway Commercial (HC) Zone.
(2) Macro facilities are the largest permitted wireless
communication facilities allowed on a Monopole II facility.
(3) The maximum height for a Monopole II facility support
structure shall be one hundred fifty feet. Antennas may extend above the
Monopole II wireless communications support structure another fifteen
feet, making the maximum permitted height of the support structure and
antennas one hundred sixty-five feet (one hundred fifty feet plus fifteen
ORDINANCE NO. 2016-XXX 13
feet).
(4) Monopole II facilities shall be separated from other
wireless communications facilities by a distance of at least five hundred
feet.
(5) Monopole II facilities are not allowed within three hundred
feet of a residential zone.
(6) The facility shall also comply with the requirements of
Subsection (b).
( h) Modification of Existing Facilities. Minor modifications to existing
wireless communications facilities and attached wireless communications
facilities, whether emergency or routine, are exempt from having to obtain a land
use permit so long as there is little or no change in the visual appearance. Minor
modifications are those modifications, including the addition of antennas, to
permitted wireless and attached wireless communications facilities that meet the
requirements set forth in this section and AMC 20.102.
(i) Obsolescence. A wireless communications facility or attached
wireless communications facility shall be removed by the facility owner within
six months of the date it ceases to be operational or if the facility falls into
disrepair.
Section 3. Severability. If any provision, section, or part of this ordinance
shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the
validity of the ordinance as a whole or any section, provision or part thereof not adjudged
invalid or unconstitutional.
Section 4. 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 July, 2016.
CITY OF ARLINGTON, WASHINGTON
_________________________________
Barbara Tolbert, Mayor
ATTEST/AUTHENTICATED:
_______________________________
ORDINANCE NO. 2016-XXX 14
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
Item:
NB #4
Attachment
F
COUNCIL MEETING DATE:
July 18, 2016
SUBJECT:
Land Use Code Amendment to Title 20, Chapter 20.64 of the AMC – Flood Plain
Development Regulations
ATTACHMENTS:
Draft Ordinance
DEPARTMENT OF ORIGIN
Community & Economic Development
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
The proposed ordinance regarding Floodplain Development Regulations was a total
rewrite of Chapter 20.64. Representatives of FEMA reviewed our existing Ordinance
and recommended a total rewrite in order to be in compliance with CFR 44 and NMFS
Biological Opinion and also make the ordinance easier to design to and comply with.
Several meetings with FEMA representatives took place during the rewrite, several
meetings (workshops) with the Planning Commission were held, and a Noticed Public
Hearing was held on July 7, 2016. The Planning Commission Findings of Facts will be
prepared as part of the Ordinance adoption.
HISTORY:
NFIP ESA History: 2003 FEMA was sued for failure to comply with ESA. 2004 Court
ruled that FEMA must consult with NMFS. 2006 FEMA provided a Biological
Evaluation that stated NFIP may affect but not adversely. 2008 NMFS issued a
Biological Opinion with jeopardy/adverse modification. As a result, FEMA
developed a program for local jurisdictions to satisfy the Reasonable & Prudent
Alternatives to its Floodplain Management Criteria, known as RPA Element 3. The
National Marine Fisheries Service (NMFS) reviewed and approved this approach. The
COA has opted for alternative 2, known as Door 2, which demonstrates that a
community’s existing plans and regulations provide equivalent protection to the
standards proposed in RPA Element 3. This requires verification and approval by
FEMA that existing plans and regulations provide the necessary protection.
City of Arlington
Council Agenda Bill
Item:
NB #4
Attachment
F
ALTERNATIVES
Approve staff’s recommendation with modifications
Table staff’s recommendation
Deny staff’s recommendation
RECOMMENDED MOTION:
I move to approve the ordinance amending Chapter 20.64 of the AMC relating
to Flood Plain Development Regulations.
Title 20, Chapter 20.64 Rewrite 3/15/16, edited 5/18/16
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Chapter 20.64 ‐ FLOODWAYS, FLOODPLAINS, DRAINAGE, AND EROSION FLOODPLAIN DEVELOPMENT
REGULATIONS
Sections:
Part I. ‐ Floodways and Floodplains Administrative Provisions
Part I. ‐ Floodways and Floodplains
20.64.010 ‐ Statutory authorization.
The legislature of the state of Washington has delegated the responsibility to local governmental units
to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
Therefore, the city of Arlington does ordain as follows:
(Ord. 1309 § 5(part), 2003)
20.64.020 ‐ Findings of fact.
(a) The flood hazard areas of Arlington are subject to periodic inundation which results in loss of life and
property, health, and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety, and general welfare. The Special Flood Hazard Areas
of Arlington encompass a very small area (0.02%) of the developable lands within the corporate limits
of the city. These areas are subject to periodic inundation of floodwaters due to storm surges and
runoff, which may result in property damage, public safety, disruption of commerce, and other
consequences.
(b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards
that increase flood heights and velocities, and when inadequately anchored, damage uses in other
areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage
also contribute to the flood loss. The National Flood Insurance Program is adopted by the City of
Arlington, which aims to reduce the impact of flooding on private and public structures. It does so by
providing affordable insurance to property owners and by encouraging communities to adopt and
enforce floodplain management regulations. The efforts help mitigate the effects of flooding on new
and improved structures.
(c) On September 22, 2008, the National Marine Fisheries Service (NMFS) issued a Biological Opinion
that required changes to the implementation of the National Flood Insurance Program in order to meet
the requirements of the Endangered Species Act (ESA) in the Puget Sound Watershed. The City of
Arlington enacted regulations that allow development that meets the criteria specified in the Biological
Opinion as a “Door 2” Community.
(Ord. 1309 § 5(part), 2003)
20.64.030 ‐ Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions in specific areas by provisions designed:
(1) To protect human life and health;
Commented [CY1]: Title change to reflect what the
ordinance regulates
Commented [CY2]: Facts and Findings change to reflect
actual data and not assumption
Title 20, Chapter 20.64 Rewrite 3/15/16, edited 5/18/16
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(2) To manage development in a manner reducing impacts to floodplain processes;
(3) To minimize expenditure of public money and costly flood control projects;
(4) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(5) To minimize prolonged business interruptions;
(6) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
(7) To help maintain a stable tax base by providing for the sound use and development of areas of
special flood hazard so as to minimize future flood blight areas;
(8) To ensure that potential buyers are notified that property is in an area of special flood hazard;
and,
(9) To ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions.
(Ord. 1309 § 5(part), 2003)
(Ord. No. 2011-030, § 1, 12-5-2011)
20.64.040 ‐ Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water
or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities; Regulating development in Special Flood Hazard Areas (SFHA);
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, all
development and land use activity be protected against flood damage at the time of initial
construction;
(3) Controlling the alteration of natural flood plains, stream channels, wetlands and natural protective
barriers, which help accommodate or channel flood waters;
(4) (3) Controlling Regulating filling, grading, dredging, and other development which may have
an adverse impact on flood waters increase flood damage; and
(5) (4) Preventing or regulating the construction of flood barriers that will unnaturally divert
floodwaters or may increase flood hazards in other areas.
(Ord. 1309 § 5(part), 2003)
(Ord. No. 2011-030, § 2, 12-5-2011)
20.64.050 ‐ Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to
give them the meaning they have in common usage and to give this chapter itsit’s its most reasonable
application.
"Appeal" means a request for a review of the interpretation of any provision of this chapter or a request
for a variance.
Commented [CY3]: Cleaned up sections and removed
assumptions
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"Area of shallow flooding" means a designated AO, or AH Zone on the flood insurance rate map
(FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the
path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is characterized
as sheet flow and AH indicates ponding.
"Area of special flood hazard" means the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year. Designation on maps always includes the letters A
or V.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given
year (also referred to as the "one hundred-year flood"). Designated on flood insurance rate maps by the
letters A or V.
"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.
"Channel migration zone" means the lateral extent of likely movement along a stream reach during the
next one hundred years with evidence of active stream channel movement over the past one hundred
years.
"Critical facility" means a facility for which even a slight chance of flooding might be too great. Critical
facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency
response installations, installations that produce, use or store hazardous materials or hazardous waste.
"Development" means any manmade change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials located within the area of special flood hazard., subdivision
of land, removal of substantial amounts of vegetation, or alteration of natural site characteristics.
"Elevated building" means for insurance purposes, a non-basement building that has its lowest
elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain
management regulations.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional
sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets, and either final site grading or the pouring
of concrete pads).
"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
"Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
"Flood insurance study" means the official report provided by the Federal Insurance Administration
that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base
flood.
"Floodplain administrator." The director of community development is hereby deemed to be the city's
floodplain administrator.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one foot.
Commented [CY4]: Per FEMA the last sentence is not a
necessary element of the BiOp
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"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished
or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area
other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not
built so as to render the structure in violation of the applicable non-elevation design requirements found in
Section 20.64.180(a)2 (Specific Standards for Zones A1-30, AH, and AE). 170 (2).
"Manufactured home" means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to the
required utilities. The term "manufactured home" does not include a "recreational vehicle."
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
"New construction" means structures for which the "start of construction" commenced on or after the
effective date of this chapter.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including at a minimum, the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain
management regulations.
“Protected Area” means the greater of the floodway, the channel migration zone, and the riparian
habitat zone within the FEMA mapped special flood hazard area.
"Recreational vehicle" means a vehicle that is:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
"Riparian habitat zone" means an area identified on the approved map that provides the necessary
protection perpendicularly from:
(1) The ordinary high water mark,
(2) The channel migration zone,
(3) The mapped floodway.
"Start of construction" includes substantial improvement, and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, placement or other improvement
was within one hundred eighty days of the permit date. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building including a gas or liquid storage tank that is principally
above ground.
Commented [CY5]: Added definition as part of the BiOp
Title 20, Chapter 20.64 Rewrite 3/15/16, edited 5/18/16
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"Substantial damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to itsit’s its before damaged condition would equal or exceed fifty percent of the
market value of the structure before the damage occurred.
"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost
of which equals or exceeds fifty percent of the market value of the structure either:
(1) Before the improvement or repair is started; or
(2) If the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition "substantial improvement" is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
(3) Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions, or
(d) Any alteration of a "historic structure," provided that the alteration would not preclude the structure's
continued designation as a "historic structure."
"Variance" means a grant of relief from the requirements of this chapter that permits construction in a
manner that would otherwise be prohibited by this chapter.
"Water dependent" means a structure for commerce or industry that cannot exist in any other location
and is dependent on the water because of the intrinsic nature of its operations.
(Ord. No. 1351, § 9, 9-7-2004; Ord. 1309 § 5(part), 2003)
(Ord. No. 2011-030, §§ 3, 4, 12-5-2011)
20.64.060 ‐ Basis for establishing the areas of special flood hazard.
(a) The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study for Snohomish County and iIncorporated
Areas" (in which the city is incorporated) dated September 16, 2005, or as amended, with an
accompanying flood insurance rate map (FIRM), as amended, are hereby adopted by reference and
declared to be a part of this section. The flood insurance study and the FIRM are on file at Arlington
City Hall, 238 North Olympic, Arlington, Washington. The best available information for flood hazard
area identification as outlined in subsection (b) shall be the basis for regulation until a new FIRM is
issued which incorporates the data utilized under subsection (b).
(b) When base flood elevation data has not been provided (A and V Zones) in accordance with subsection
(a), the administrator shall use any base flood elevation and floodway data available from a federal,
state or other source, in order to comply with Section 20.64.180 (Specific Standards for Zones A1-30,
AH, and AE) and Section 20.64.190 (Specific Standards for Designated Regulatory Floodways).
(c) If such data are not already available, the administrator may rely on a licensed surveyor to provide
such information as necessary to reasonably ascertain said zones.
(Ord. No. 1365, § 19, 6-13-2005; Ord. 1309 § 5(part), 2003)
(Ord. No. 2011-030, § 5, 12-5-2011; Ord. No. 2014-005, § 1, 6-16-2014)
20.64.070 ‐ Abrogation and greater restrictions.
Title 20, Chapter 20.64 Rewrite 3/15/16, edited 5/18/16
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This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 1309 § 5(part), 2003)
20.64.080 ‐ Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted under State statutes.
(Ord. 1309 § 5(part), 2003)
20.64.090 ‐ Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not
imply that land outside the areas of special flood hazards or uses permitted within such areas will be free
from flooding or flood damages. This chapter shall not create liability on the part of cCity of Arlington, any
officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from
reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 1309 § 5(part), 2003)
Part II – Development Regulations
20.64.100 ‐ Supplementary information required with a permit application.
In addition to the standard information required with on a permit application, (Section 20.16.040,
Applications To Be Complete), the following information is also required for any permits proposing
development within a floodway or floodplain, watercourse alteration or relocation:
(1) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Elevation Certification by a registered professional engineer or architect. that the floodproofing
methods for any nonresidential structure meet the floodproofing criteria in Subsection
20.64.180(b) (Specific Standards for Zones A1-30, AH, and AE); and
(4) Description of the extent to which a watercourse will be altered or relocated as a result of
proposed development. Notify adjacent communities and the Department of Ecology prior to any
alteration or relocation of a watercourse, and submit evidence of such notification to the Federal
Insurance Administration.
(5) Require that maintenance is provided within the altered or relocated portion of said watercourse
so that the flood carrying capacity is not diminished.
(Ord. 1309 § 5(part), 2003)
Formatted: Font: (Default) Arial, 10 pt
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(Ord. No. 2011-030, § 6, 12-5-2011)
20.64.110 ‐ Conformance with Chapter 20.88 (Environmentally Critical Areas).
Wherever this section allows uses within a floodway or floodplain, that use must also be consistent
with Chapter 20.88 (Environmentally Critical Areas) and Chapter 20.92 (Shoreline Management) in terms
of both allowable use and location of use. In any case, wherever regulations in these two chapters conflict,
the more restrictive shall prevail. The explicit intent of this section is to not allow development that is
inconsistent with Chapter 20.88 or Chapter 20.92 to occur in the restricted areas or buffers required by that
chapter, even though it may seem permissible according to the regulations of this chapter.
(Ord. 1309 § 5(part), 2003)
(Ord. No. 2011-030, § 7, 12-5-2011)
20.64.120 110 ‐ Location of boundaries of floodplain and floodway districts.
(a) As used in this chapter, the terms floodplain and floodway refer in the first instance to certain areas
whose boundaries are determined and can be located on the ground by reference to the specific fluvial
characteristics set forth in the definitions of these terms. These terms also refer to overlay zoning
districts whose boundaries correspond to the actual physical location of floodways and floodplains as
shown on FEMA's flood insurance rate map (FIRM) and should be shown on the map identified in
Section 20.92 93.970, Appendix A (Shoreline Master Plan). (These overlay districts thus differ from
other zoning districts whose boundaries are established solely according to planning or policy, rather
than physical, criteria.) Therefore, the administrator is authorized to make necessary interpretations
as to the exact location of the boundaries of floodways or floodplains if there appears to be a conflict
between a mapped boundary and actual field conditions. Such interpretations, like other decisions of
the administrator, may be appealed pursuant to Section 20.20.010 (Appeals).
(b) As used in this chapter the term riparian habitat zone (RHZ) is identified on the approved RHZ map.
The RHZ is an overlay zone that encompasses lands as defined above on either side of all streams,
and for all other watercourse including off channel areas within the special flood hazard areas. The
RHZ is a no new disturbance zone, other than for activities that will not adversely affect the existing
habitat function. Any property or portion thereof that lies within the RHZ is subject to the restrictions of
the RHZ, as well as any zoning restriction that apply to the parcel in the underlying zoning. Unless
shown otherwise the RHZ on a channel migration zone is fifty feet. Other areas not identified on the
RHZ, but are located in the floodplain areas will be subject to the Shoreline Master Plan Critical Areas
Appendix B.
(c) When updating the maps the city must consider future conditions and the cumulative effect from the
future land-use changes.
(d) When updating the maps the city must consider identifying and evaluating the risk of flooding behind
one hundred-year levees within the city jurisdiction based on future conditions and cumulative effects.
(e) When evaluating risk it may be determined that an individual project will conduct an ESA consultation
with the services.
(Ord. 1309 § 5(part), 2003)
(Ord. No. 2011-030, § 8, 12-5-2011)
20.64.130 120 ‐ Setbacks from streams outside designated floodplains. RHZ within the floodplain.
Commented [CY6]: Deleted section as 20.88 will be
deleted and there isn’t a Chapter 20.92. Chapter 20.93
would apply but there is no reason to say that.
Commented [CY7]: Deleted – no need for this language
Formatted: Indent: Left: 0", First line: 0"
Commented [CY8]: Deleted – no such requirement exists
Commented [CY9]: Changed title and added setbacks for
streams within floodplains, per FEMA
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Table 20.64.120: Stream Buffer Width1
Type Buffer
S 250 feet
F‐> 5 feet wide and marine shorelines 150 feet
F ‐ < 5 feet wide and lakes 150 feet
N – perennial and seasonal streams 150 – 225 feet2
2 Depending on slope stability
1 Channel Migration Zone (CMZ) plus 50 feet
In any area that is located outside a designated floodplain but where a stream is located, no building
or fill may be located within the buffer as specified in Chapter 20.88 (Environmentally Critical Areas).
(a) Communities must use the most restrictive data available for the CMZ, Floodway, future conditions,
and RHZ’s.
(Ord. 1309 § 5(part), 2003)
20.64.140 130 ‐ Artificial obstructions within floodways prohibited.
(a) No artificial obstruction may be located within any floodway, except as provided in Section 20.64.150
140 (Permissible Uses Within Floodways).
(b) For purposes of this section, an artificial obstruction is any obstruction, other than a natural obstruction,
that is capable of reducing the flood-carrying capacity of a stream or may accumulate debris and
thereby reduce the flood-carrying capacity of a stream. A natural obstruction includes any rock, tree,
gravel, or analogous natural matter that is an obstruction and has been located within the floodway by
a non-human cause.
(Ord. 1309 § 5(part), 2003)
20.64.150 140 ‐ Permissible uses within floodways.
(a) Notwithstanding Chapter 20.40 (Permissible Uses) of this Title, no permit to make use of land within a
floodway may be issued unless the proposed use is listed as permissible in the Table of Permissible
Uses, Chapter 20.88 93 (Environmentally Critical Areas), and in the following list:
(1) General habitat restoration, farming, pasture, outdoor plant nurseries, horticulture, forestry,
wildlife sanctuary, game farm, and other similar agricultural, wildlife, and related uses.
Commented [CY10]: Deleted – this chapter regulates
floodplains and not streams outside the floodplain
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(2) Ground-level loading areas, parking areas, boat launch, rotary aircraft ports, and other similar
ground-level area uses.
(3) Lawns, gardens, play areas, and other similar uses.
(4) Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or
horseback-riding trails, open space, and other similar private and public recreational uses.
As indicated in Section 20.36.060 (Floodplain), the floodplain and floodway districts are established as
overlay districts.
(b) General development standards to be followed in special flood hazard area include:
(1) If a lot has a buildable site out of the special flood hazard area, all new structures shall be located
there, when feasible. If the lot is fully in the floodplain, structures must be located to have the least
impact on salmon.
a. All structures must be set back at least 15 feet from the protected area and sited as close to
the SFHA boundary as possible.
(2) Stormwater and drainage features shall incorporate low impact development techniques that
mimic pre-development hydrologic conditions, when technically feasible.
(3) Creation of new impervious surfaces shall not exceed ten percent of the surface area of the
portion of the lot in the floodplain unless mitigation is provided. and maintained that functions as
"ten percent effective impervious surface".
(4) Any loss of floodplain storage shall be avoided, rectified or compensated for as identified in
Section 20.88.530.
(5) (4) Uses that are not permitted in the protected area unless shown not to adversely affect
water quality, habitat, and large woody debris etc., include; septic tanks and drain fields, dumping
of nay any materials, hazardous or sanitary waste landfills: receiving area for toxic or hazardous
waste or other contaminants.
(6) (5) a. The proposed action must be designed and located so that new structural flood
protection is not needed.
b. All bank stabilization measures requiring armoring of the streambank or shoreline When
there is a need to repair existing bank stabilization structures or protect existing infrastructure
the applicant shall utilize bioengineering per the Integrated Streambank Protection
Guidelines (2003). (for riverine shorelines) or the State Shorelines Guidelines on bank
stabilization 2003 (for estuarine and marine shorelines).
(7) New road crossing over ESA listed streams within the special flood hazard area are prohibited
unless a concurrence letter from NMFS or a habitat assessment demonstrating "no adverse
affect" is received.
(8) (6) Uses that are allowed in the existing or equivalent zoning and do not require an up-zoning
increasing floodplain development densities, or participate in a TDR program that results in an
equivalent or greater area of Stillaguamish floodplain to be protected from development in
perpetuity. In an SFHA outside the Protected Area, zoning is required to maintain a low density
of flood plain development. Concepts of cluster development, density transfer, credits and
bonuses, planned unit development, and transfer of development rights shall be employed
wherever possible.
(Ord. 1309 § 5(part), 2003)
(Ord. No. 2011-030, § 9, 12-5-2011; Ord. No. 2014-005, § 2, 6-16-2014)
Commented [CY11]: Deleted – not necessary
Commented [CY12]: Added language as part of the BiOp
Commented [CY13]: Removed additional language not
part of the BiOp
Commented [CY14]: Deleted – not part of the BiOp and
or Critical Area Ordinance. This language was never
necessary and was part of the tremendous burden on
development. The 2nd errata issued by NMFS states that
you need to mitigate for direct and indirect adverse effects.
Commented [CY15]: Not required per the BiOp
Commented [CY16]: Amended section to reflect actual
BiOp language
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Page 10
Formatted: Centered
20.64.160 150 ‐ Construction within floodways and floodplains restricted.
Any development occurring in the floodway or floodplain will require the issuance of a "flood hazard
permit". A development permit shall be obtained before construction or development begins within any area
of special flood hazard area. The permit shall be for all structures including manufactured homes, and for
all development including fill and other activities as set forth in this chapter.
(1) No land use or building permit may be issued for any development within a floodplain until the
permit-issuing authority has reviewed the plans for any such development to assure that:
(A) The proposed development is consistent with the need to minimize flood damage, and
(B) All public utilities and facilities such as sewer, gas, electrical, and water systems are located
and constructed to minimize or eliminate flood damage, and
(C) Adequate drainage is provided to minimize or reduce exposure to flood hazards, and
(D) All necessary permits have been received from those agencies from which approval is
required by federal or state law, and
(E) The application for a permit to develop in the affected area must include the elevations of
the ten-, fifty-, and one hundred-year floods, where such data are available, and
(F) The applicant must record a notice on the title that the property contains land within the RHZ
and/or one hundred-year floodplain before a permit may be issued, and
(G) Any improvements or repairs to existing structures that result in a greater than ten percent
increase of the structure footprint must mitigate for any adverse effects, and
(H) Removal of native vegetation must leave sixty-five percent of the surface area of the portion
of the property in the floodplain with native vegetation in an undeveloped state, and
(I) Development in the protected area (floodway, RHZ, and CMZ plus 50 feet) is prohibited
unless it is demonstrated that any proposed development in the area does not adversely
affect water quality, water quantity, flood volumes, flood velocities, spawning substrate,
and/or floodplain refugia for listed salmonids. No mitigation is allowed within the protected
area. However, project design elements to avoid any adverse effects may be allowed. will
not adversely affect water quality, water quantity, flood volumes, flood velocities, spawning
substrate, and/or floodplain refugia for listed salmon, and
(J) Development outside the protected area must mitigate for adverse indirect effects on
stormwater, riparian vegetation, bank stability, channel migration, hyporheic zone, wetland
and large woody debris functions.
(2) Any development outside the Protected Area must mitigate for adverse effects, both direct and
indirect on functions such that equivalent or better salmon habitat protection is provided for:
(A) Stormwater: Reduce flood volumes and stormwater runoff from new development by ensuring
that increased flood volumes of stormwater reach the river at the same frequency, timing and
duration as historic runoff. LID is required to be incorporated as described in Chapter 20.64.140
(2).
(B) Riparian vegetation: maintain or replace riparian function by providing equivalent area,
diversity, and function of riparian vegetation as currently exists on the site. Riparian retention
requirements are outlined in Chapter 20.64.150 (1)(H).
(C) Hyporheic zones: No activity is allowed that interferes with the natural exchange of flow
between surface water, groundwater, and hyporheic zone, however, natural hyporheic exchange
may be enhanced or restored.
(D) Wetlands: Wetland function must be maintained or replaced by providing equivalent function.
Commented [CY17]: Deleted – this language was in
addition to what the BiOp language stated. BiOp errata
issued per FEMA. This was another section that caused
issues regarding flood volumes.
Commented [CY18]: Deleted – not part of the required
BiOp language. Again – this section created development
burden.
Formatted: Indent: Left: 0.3", Hanging: 0.27"
Commented [CY19]: A,B,C,D, & E were added as part of
the required BiOp language
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(E) Large Woody Debris: Any large woody debris (LWD) removed from the floodplain must be
replaced in kind, replicating or improving the quantity, size, and species of the existing LWD.
(2)-(3) No building may be constructed and no substantial improvement of an existing building
may take place within any floodway. This includes a prohibition on installing new mobile homes
in an existing mobile home park located in a floodway, even if the park is nonconforming.
(3) (4)_ Where elevation data is not available either through the flood insurance study, FIRM, or
from another authoritative source the applicant shall obtain, review, and reasonably utilize any
base flood elevation and floodway data available from a federal, state or other source (Subsection
20.64.060(b) Basis for Establishing the Areas of Special Flood Hazard), applications for building
permits shall be reviewed to assure that proposed construction will be reasonably safe from
flooding. The test of reasonableness is a local judgment and includes use of historical data, high
water marks, photographs of past flooding, etc., where available. Failure to elevate at least two
feet above the highest adjacent grade in these zones may result in higher insurance rates.
(4) (5) No new residential building may be constructed and no substantial improvement of a
residential building may take place within any floodplain unless the lowest floor (including
basement) of the building or improvement is elevated to or one foot or more above the base flood
level.
(A) Residential accessory structures shall be allowed within floodplains provided they are firmly
anchored to prevent flotation.
(B) Anchoring of any accessory buildings may be done by bolting the building to a concrete slab
or by over-the-top ties. When bolting to a concrete slab, one-half inch bolts six feet on center
with a minimum of two per side shall be required. If over-the-top ties are used, a minimum
of two ties with a force adequate to secure the building is required.
(5) (6) No new nonresidential building may be constructed and no substantial improvements of a
nonresidential building may take place within any floodplain unless the lowest floor (including
basement) of the building or improvement is elevated or floodproofed to or one foot or more above
the base flood leve elevation (BFE)l. Where floodproofing is used in lieu of elevation, a registered
professional engineer or architect shall certify that any new construction or substantial
improvement has been designed to withstand the flood depths, pressure, velocities, impact, and
uplift forces associated with the base flood at the location of the building and that the walls below
the base flood level are substantially impermeable to the passage of water.
(6) (7) For purposes of this section, "substantial improvement" means for a building constructed
prior to the effective date of this title, any repair, reconstruction, or improvement of a building the
cost of which equals or exceeds fifty percent of the market value of the structure either:
(A) Before the improvement or repair is started or
(B) If the structure has been damaged and is being restored, before the damage occurred.
"Substantial improvement" occurs when the first alteration on any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects the external dimensions of the
building. The term does not, however, include either:
(A) Any project for improvement of a structure to comply with existing state or local health,
sanitary, or safety code specifications that are solely necessary to insure safe living
conditions, or
(B) Any alteration of a building listed on the National Register of Historic Places or a State
Inventory of Historic Places.
(7) (8) No land use or building permit may be issued for any development within a floodplain until
the permit-issuing authority has reviewed the plans to assure that any new construction or
substantial improvements shall be:
Commented [CY20]: Deleted – unsure where this
language came from. Not necessary and the CFR requires 1
feet above BFE
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
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(A) Designed (or modified) and adequately anchored to prevent flotation collapse, or lateral
movement of the structure.
(B) Constructed with materials and utility equipment resistant to flood damage.
(C) Constructed by methods and practices that minimize flood damage.
(8) (9) Notwithstanding any other provision of this title, no mobile home may be located or
relocated within that portion of the floodplain outside of the floodway, unless the following criteria
are met:
(A) Ground anchors for tie downs are provided.
(B) The following tie-down requirements are met:
(i) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, or lateral movement of the structure.
(ii) All manufactured homes must likewise be anchored to prevent flotation, collapse, or
lateral movement, and shall be installed using methods and practices that minimize
flood damage. Anchoring methods may include, but are not limited to, use of over-the-
top or frame ties to ground anchors (Reference FEMA's "Manufactured Home
Installation in Flood Hazard Areas" guidebook for additional techniques).
(C) Lots or pads are elevated on compacted fill or by any other method approved by the
administrator so that the lowest habitable floor of the mobile home is at or above the base
flood level.
(D) Adequate surface drainage and easy access for mobile home hauler is provided.
(E) Load-bearing foundation supports such as piers or pilings must be engineered.
(9) (10) Whenever any portion of a floodplain is filled in with fill dirt, slopes shall be adequately
stabilized to withstand the erosive force of the base flood.
(Ord. No. 1365, §§ 20—22, 6-13-2005; Ord. 1309 § 5(part), 2003)
(Ord. No. 2011-030, § 10, 12-5-2011)
20.64.170 160 ‐ General standards.
In all areas of special flood hazards, the following standards are required:
(1) Anchoring.
(A) All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure.
(B) All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral
movement, and shall be installed using methods and practices that minimize flood damage.
Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to
ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard
Areas" guidebook for additional techniques).
(2) AH Zone Drainage—Adequate drainage paths are required around structures on slopes to guide
floodwaters around and away from proposed structures.
(3) Construction Materials and Methods.
(A) All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
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(B) All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage.
(C) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service
facilities shall be designed and/or otherwise elevated or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
(Ord. 1309 § 5(part), 2003)
20.64.180 170 ‐ Specific standards for Zones A1‐30, AH, and AE.
In all areas of special flood hazards where base flood elevation data has been provided (Zones A1-
30, AH, and AE on the community's FIRM) as set forth in Section 20.64.060 (Basis for Establishing the
Areas of Special Flood Hazard), the following provisions are required:
(1) Residential construction.
(A) New construction and substantial improvement of any residential structure shall have the
lowest floor, including basement, elevated one foot or more above the base flood elevation.
(B) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or
shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must
either be certified by a registered professional engineer or architect or must meet or exceed
the following minimum criteria:
(i) A minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
(2) Nonresidential construction. New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the lowest floor, including basement,
elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary
facilities, shall:
(A) Be floodproofed so that below one foot or more above the base flood level the structure is
watertight with walls substantially impermeable to the passage of water;
(B) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy;
(C) Be certified by a registered professional engineer or architect that the design and methods of
construction are in accordance with accepted standards of practice for meeting provisions of this
subsection based on their development and/or review of the structural design, specifications and
plans. Such certifications shall be provided to the floodplain administrator or building official.
(D) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for
space below the lowest floor as described in Subsection 20.64.180(a)(2) (Specific Standards for
Zones A1-30, AH, and AE—Residential Construction);
(E) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums
will be based on rates that are one foot below the floodproofed level (e.g. a building floodproofed
to the base flood level will be rated as one foot below).
(3) Manufactured Homes.
(A) All manufactured homes to be placed or substantially improved on sites:
Formatted: Indent: Left: 0", First line: 0"
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(i) Outside of a manufactured home park or subdivision,
(ii) In a new manufactured home park or subdivision,
(iii) In an expansion to an existing manufactured home park or subdivision, or
(iv) In an existing manufactured home park or subdivision on which a manufactured home
has incurred "substantial damage" as the result of a flood;
(v) Shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated one foot or more above the base flood elevation and
be securely anchored to an adequately designed foundation system to resist flotation,
collapse and lateral movement.
(B) Manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision that are not subject to the above manufactured
home provisions be elevated so that either:
(i) The lowest floor of the manufactured home is elevated one foot or more above the base
flood elevation, or
(ii) The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than thirty-six inches in height
above grade and be securely anchored to an adequately designed foundation system
to resist flotation, collapse, and lateral movement.
(4) Recreational Vehicles—Recreational vehicles placed on sites are required to either:
(A) Be on the site for fewer than one hundred eighty consecutive days,
(B) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to
the site only by quick disconnect type utilities and security devices, and has no permanently
attached additions; or
(C) Meet the requirements of Subsection 20.64.180(c) Specific Standards for Zones A1-30, AH,
and AE—Manufactured Homes) above and the elevation and anchoring requirements for
manufactured homes.
(Ord. 1309 § 5(part), 2003)
(Ord. No. 2011-030, § 11, 12-5-2011)
20.64.190 180 ‐ Specific standards for designated regulatory floodways.
Located within areas of special flood hazard established in Section 20.64.060 (Basis for Establishing
the Areas of Special Flood Hazard) are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of floodwaters that carry debris, potential projectiles, and erosion
potential, the following provisions apply:
(1) Prohibit encroachments, including fill, new construction, substantial improvements, and other
development unless certification by a registered professional engineer is provided demonstrating
through hydrologic and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase in flood levels during
the occurrence of the base flood discharge.
(2) Construction or reconstruction of residential structures is prohibited within designated floodways,
except for (i) repairs, reconstruction, or improvements to a structure which do not increase the
ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which
does not exceed fifty percent of the market value of the structure either, (A) before the repair, or
reconstruction is started, or (B) if the structure has been damaged, and is being restored, before
Title 20, Chapter 20.64 Rewrite 3/15/16, edited 5/18/16
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Formatted: Centered
the damage occurred. Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure safe living conditions
or to structures identified as historic places shall not be included in the fifty percent.
(3) If Subsection 1 is satisfied, all new construction and substantial improvements shall comply with
all applicable flood hazard reduction provisions of Section 20.64.180 through Section 240.
(Ord. 1309 § 5(part), 2003)
20.64.200 190 ‐ Specific standards for shallow flooding areas (AO Zones).
Shallow flooding areas appear on FIRMs as AO Zones with depth designations. The base flood depths
in these zones range from one to three feet above ground where a clearly defined channel does not exist,
or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is
usually characterized as sheet flow. In these areas, the following provisions apply:
(1) New construction and substantial improvements of residential structures and manufactured
homes within AO Zones shall have the lowest floor (including basement) elevated above the
highest adjacent grade to the structure, one foot or more above the depth number specified in
feet on the community's FIRM (at least two feet above the highest adjacent grade to the structure
if no depth number is specified).
(2) New construction and substantial improvements of nonresidential structures within AO Zones
shall either:
(A) Have the lowest floor (including basement) elevated above the highest adjacent grade of the
building site, one foot or more above the depth number specified on the FIRM (at least two
feet if no depth number is specified); or
(B) Together with attendant utility and sanitary facilities, be completely flood proofed to or above
that level so that any space below that level is watertight with walls substantially
impermeable to the passage of water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is
used, a registered professional engineer or architect as in Subsection 20.64.180(b)3 Specific
Standards for Zones A1-30, AH, and AE) shall certify compliance.
(3) Require adequate drainage paths around structures on slopes to guide floodwaters around and
away from proposed structures.
(4) Recreational vehicles placed on sites within AO Zones on the community's FIRM either:
(A) Be on the site for fewer than one hundred eighty consecutive days,
(B) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to
the site only by quick disconnect type utilities and security devices, and has no permanently
attached additions; or
(C) Meet the requirements of Subsections 1 and 3 above and the anchoring requirements for
manufactured homes (Subsection 20.64.170(a)2, General Standards).
(Ord. 1309 § 5(part), 2003)
20.64.210 ‐ AE and A1‐30 zones with base flood elevations but no floodways.
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
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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.
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.
(Ord. 1309 § 5(part), 2003)
(Ord. No. 2015-022, § 1, 10-19-2015)
Editor's note— Ord. No. 2015-022, § 1, adopted October 19, 2015, amended § 20.64.210 to
read as set out herein. Previously § 20.64.210 was titled "Encroachments."
20.64.220 210 ‐ Special provisions for subdivisions.
(a) All subdivision proposals shall be consistent with the need to minimize flood damage.
(b) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and
water systems located and constructed to minimize or eliminate flood damage.
(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(d) Where base flood elevation data has not been provided or is not available from another authoritative
source, it shall be generated for subdivision proposals and other proposed developments that contain
at least fifty lots or five acres (whichever is less).
(e) All subdivisions are subject to use and construction restrictions contained in Section 20.64.140
(Artificial Obstructions Within Floodways Prohibited), Section 20.64.150 (Permissible Uses Within
Floodways), Section 20.64.160 (Construction Within Floodways and Floodplains Restricted), and
Section 20.64.230 (Utility Systems in Floodways and Floodplains) if any portion of the land to be
subdivided lies within a floodway or floodplain.
(f) Final plat approval for any subdivision containing land that lies within a floodway or floodplain may not
be given unless the plat shows the boundary of the floodway or floodplain and contains in clearly
discernible print the following statement: "Use of land within a floodway or floodplain is substantially
restricted by Title 20, Chapter 20.64 of the Arlington Municipal Code."
(g) Subject to the following sentence, a conditional use permit or final plat approval for any subdivision
may not be given if:
(1) The land to be subdivided lies within a zone where residential uses are permissible and it
reasonably appears that the subdivision is designed to create residential building lots, and
(2) Any portion of one or more of the proposed lots lies within a floodway or floodplain, and
(3) It reasonably appears that one or more lots described in Subdivisions (1) and (2) of this subsection
could not practicably be used as a residential building site because of the restrictions set forth in
Section 20.64.160 (Construction Within Floodways and Floodplains Restricted), Section
Formatted: Indent: Left: 0"
Commented [CY21]: This section was amended in 2015
and the new section will have to be amended to 20.64.200
Title 20, Chapter 20.64 Rewrite 3/15/16, edited 5/18/16
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Formatted: Centered
20.64.170 (General Standards), and Section 20.64.180 (Specific Standards for Zones A1-30, AH,
and AE).
(Ord. 1309 § 5(part), 2003)
20.64.230 220 ‐ Utility systems in floodways and floodplains.
Whenever any portion of a proposed development is located within a floodway or floodplain, the
agency or agencies responsible for certifying to the city the adequacy of the utility systems for the
development (as set forth in Chapter 20.60) shall be informed by the developer that a specified area within
the development lies within a floodway or floodplain. Thereafter, said agency shall certify, prior to approval
of the proposed system, that:
(1) All new and replacement water supply systems are designed to minimize or eliminate infiltration
of flood waters into the systems;
(2) Any proposed water wells are located on high ground that is not in the floodway (WAC 173-160-
171);
(3) New and replacement sanitary sewage systems are designed to minimize or eliminate infiltration
of flood waters into the systems and discharges from the systems into flood waters; and,
(4) On-site waste disposal systems are located to avoid impairment to them or contamination from
them during flooding; and
(5) All new utilities would be located outside of the channel migration zone. so as to prevent water
from entering or accumulating within the components during conditions of flooding.
(Ord. 1309 § 5(part), 2003)
(Ord. No. 2011-030, § 12, 12-5-2011)
20.64.240 230‐ Critical facility.
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the
Special Flood Hazard Area (SFHA) (one hundred-year floodplain). Construction of new critical facilities
shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed
within the SFHA shall have the lowest floor elevated three feet or to the height of the five hundred-year
flood, whichever is higher. Access to and from the critical facility should also be protected to the height
utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not
be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood
elevation shall be provided to all critical facilities to the extent possible.
(Ord. 1309 § 5(part), 2003)
20.64.250 240 ‐ Additional duties of administrator related to flood insurance and flood control.
The administrator shall:
(1) For the purpose of the determination of applicable flood insurance risk premium rates within zone
A on the city's flood insurance rate map provided by the U.S. Federal Emergency Management
Agency:
(A) Obtain and record the elevation (in relation to mean sea level) of the lowest floor (including
basement) of all new or substantially improved structures including to which level it was
floodproofed; and
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(B) Obtain, for all structures that have been floodproofed (whether or not such structures contain
a basement) the elevation (in relation to mean sea level in the FEMA datum) to which the
structure was floodproofed; and
(C) Maintain the floodproofing certifications found in others sections of this chapter; and
(D) For development that occurs outside of the protected area tThe city will track projects which
have been issued floodplain development permits, including effects to flood storage and fish
habitat and mitigation provided.
(E) Maintain a record of all such information for public inspection.
(2) Notify, in riverine situations, adjacent communities, the U.S. Army Corps of Engineers, the
Washington State Department of Fish and Wildlife, and any effected diking or drainage districts
prior to any alteration or relocation of a watercourse, and submit copies of such notification to the
Federal Insurance Administrator.
(3) Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse
is maintained and within the same sub-basin so carrying capacity is not diminished.
(4) Maintain the records of all appeal actions and report any variances to the Federal Insurance
Administration upon request.
(Ord. No. 1365, § 23, 6-13-2005; Ord. 1309 § 5(part), 2003)
(Ord. No. 2011-030, § 13, 12-5-2011)
20.64.260 250 ‐ Variances from requirements.
(a) Generally, the only condition under which a variance from the elevation standard may be issued is for
new construction and substantial improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed below the base flood level,
providing items (1—11) in subsection (i) have been fully considered. As the lot size increases, the
technical justification required for issuing the variance increases.
(b) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the
National Register of Historic Places or the state inventory of historic places, without regard to the
procedures set forth in this section.
(c) Variances shall not be issued within a designated floodway if any increase in flood levels during the
base flood discharge would result, or the development may eventually require additional structural
flood protection.
(d) Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(e) Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) The submittal, review and approval of a biological assessment;
(3) A determination that failure to grant the variance would result in exceptional hardship to the
applicant;
(4) A determination that the granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or ordinances.
(f) Variances as interpreted in the national flood insurance program are based on the general zoning law
principle that they pertain to a physical piece of property; they are not personal in nature and do not
Title 20, Chapter 20.64 Rewrite 3/15/16, edited 5/18/16
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Formatted: Centered
pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address
small lots in densely populated residential neighborhoods. As such, variances from the flood elevations
should be quite rare.
(g) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser
degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such
action will have low damage potential, complies with all other variance criteria except subsection (i)1,
and otherwise complies with Subsection 20.64.170(a) General Standards), Subsection 20.64.170(c),
and Section 20.64.230 (Utility Systems in Floodways and Floodplains).
(h) Any applicant to whom a variance is granted is hereby notified that the structure will be permitted to
be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance
will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(i) In granting a variance, in addition to the findings of Section 20.20.030 (Variances), the decision-maker
shall consider and make findings concerning all technical evaluations, all relevant factors, standards
specified in other sections of this chapter, and (including the degree to which the applicant proposes
to mitigated impacts to) the following:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The impact to ESA listed species;
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner;
(5) The importance of the services provided by the proposed facility to the community;
(6) The necessity to the facility of a waterfront location, where applicable;
(7) The availability of alternative locations for the proposed use which are not subject to flooding or
erosion damage;
(8) The compatibility of the proposed use with existing and anticipated development;
(9) The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
(10) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(11) The expected heights, velocity, duration, rate of rise, debris and sediment transport of the flood
waters and the effects of wave action, if applicable, expected at the site; and,
(12) The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges.
(j) Upon consideration of the factors of subsection (b) and the purposes of this chapter, the decision-
maker may attach such conditions to the granting of a waiver, as it deems necessary to further the
purposes of this chapter.
(Ord. 1309 § 5(part), 2003)
(Ord. No. 2011-030, § 14, 12-5-2011)
Part II. ‐ Drainage, Erosion Control, Storm Water Management
Title 20, Chapter 20.64 Rewrite 3/15/16, edited 5/18/16
Page 20
Formatted: Centered
20.64.300 ‐ Stormwater management.
All stormwater systems shall be in compliance with AMC 13.28, Stormwater Management.
(Ord. 1309 § 5(part), 2003)
ORDINANCE No. 2016-XXX 1
ORDINANCE NO. 2016-XXX
AN ORDINANCE RELATING TO LAND USE AND ZONING AND AMENDING
CHAPTER 20.64 OF THE ARLINGTON MUNICIPAL CODE
WHEREAS, the City of Arlington planning staff has reviewed the provisions of
Arlington Municipal Code Chapter 20.64 in connection with floodplain regulations; and
WHEREAS, the City has worked with the Department of Ecology and the Federal
Emergency Management Authority (FEMA) to amend the City’s ordinances for clarity and
compliance; and
WHEREAS, the Arlington Planning Commission ("Planning Commission") met to
discuss amendment of the ordinance at its regular meeting on May 17, 2016; and conducted a
public hearing following proper legal notice on July 7, 2016; and
WHEREAS, the City Council was briefed on the issue on July 11, 2016 and on July
18, 2016, 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 20.64 shall be and hereby is
restated to read as follows:
Chapter 20.64 - FLOODPLAIN DEVELOPMENT REGULATIONS
Sections:
Part I. - Administrative Provisions
20.64.010 - Statutory authorization.
20.64.020 - Findings of fact.
20.64.030 - Statement of purpose.
20.64.040 - Methods of reducing flood losses.
20.64.050 - Definitions.
20.64.060 - Basis for establishing the areas of special flood hazard.
20.64.070 - Abrogation and greater restrictions.
20.64.080 - Interpretation.
20.64.090 - Warning and disclaimer of liability.
ORDINANCE No. 2016-XXX 2
Part II – Development Regulations
20.64.100 - Supplementary information required with a permit application.
20.64.110 - Location of boundaries of floodplain and floodway districts.
20.64.120 - Setbacks from streams RHZ within the floodplain.
20.64.130 - Artificial obstructions within floodways prohibited.
20.64.140 - Permissible uses within floodways
20.64.150 - Construction within floodways and floodplains restricted.
20.64.160 - General standards.
20.64.170 - Specific standards for Zones A1-30, AH, and AE.
20.64.180 - Specific standards for designated regulatory floodways.
20.64.190 - Specific standards for shallow flooding areas (AO Zones).
20.64.210 - AE and A1-30 Zones with Base Flood Elevations but No Floodways.
20.64.215 - Special provisions for subdivisions.
20.64.220 - Utility systems in floodways and floodplains.
20.64.230 - Critical facility.
20.64.240 - Additional duties of administrator related to flood insurance and flood control.
20.64.250 - Variances from requirements.
20.64.010 - Statutory authorization.
The legislature of the state of Washington has delegated the responsibility to local
governmental units to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry. Therefore, the city of Arlington does ordain as follows:
20.64.020 - Findings of fact.
(a) The Special Flood Hazard Areas of Arlington encompass a very small area (0.02%) of
the developable lands within the corporate limits of the city. These areas are subject to
periodic inundation of floodwaters due to storm surges and runoff, which may result in
property damage, public safety, disruption of commerce, and other consequences.
(b) The National Flood Insurance Program is adopted by the City of Arlington, which aims
to reduce the impact of flooding on private and public structures. It does so by providing
affordable insurance to property owners and by encouraging communities to adopt and
enforce floodplain management regulations. The efforts help mitigate the effects of
flooding on new and improved structures.
(c) On September 22, 2008, the National Marine Fisheries Service (NMFS) issued a
Biological Opinion that required changes to the implementation of the National Flood
Insurance Program in order to meet the requirements of the Endangered Species Act
(ESA) in the Puget Sound Watershed. The City of Arlington enacted regulations that
allow development that meets the criteria specified in the Biological Opinion as a “Door
2” Community.
20.64.030 - Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed:
(1) To protect human life and health;
ORDINANCE No. 2016-XXX 3
(2) To manage development in a manner reducing impacts to floodplain processes;
(3) To minimize expenditure of public money and costly flood control projects;
(4) To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(5) To minimize prolonged business interruptions;
(6) To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets, and bridges located in areas of special
flood hazard;
(7) To help maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard so as to minimize future flood blight areas;
(8) To ensure that potential buyers are notified that property is in an area of special flood
hazard; and,
(9) To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
20.64.040 - Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) Regulating development in Special Flood Hazard Areas (SFHA);
(2) Requiring that all development and land use activity be protected against flood
damage at the time of initial construction;
(3) Regulating filling, grading, dredging, and other development which may have an
adverse impact on flood waters ; and
(4) Preventing or regulating the construction of flood barriers that will unnaturally divert
floodwaters or may increase flood hazards in other areas.
20.64.050 - Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this chapter
its most reasonable application.
"Appeal" means a request for a review of the interpretation of any provision of this
chapter or a request for a variance.
"Area of shallow flooding" means a designated AO, or AH Zone on the flood insurance
rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel
does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may
be evident. AO is characterized as sheet flow and AH indicates ponding.
"Area of special flood hazard" means the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year. Designation on maps
always includes the letters A or V.
"Base flood" means the flood having a one percent chance of being equaled or exceeded
in any given year (also referred to as the "one hundred-year flood"). Designated on flood
insurance rate maps by the letters A or V.
"Basement" means any area of the building having its floor subgrade (below ground level)
on all sides.
"Channel migration zone" means the lateral extent of likely movement along a stream
reach during the next one hundred years with evidence of active stream channel movement
over the past one hundred years.
ORDINANCE No. 2016-XXX 4
"Critical facility" means a facility for which even a slight chance of flooding might be
too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals,
police, fire and emergency response installations, installations that produce, use or store
hazardous materials or hazardous waste.
"Development" means any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials located within
the area of special flood hazard..
"Elevated building" means for insurance purposes, a non-basement building that has its
lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers,
pilings, or columns.
"Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the adopted floodplain management regulations.
"Expansion to an existing manufactured home park or subdivision" means the preparation
of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete pads).
"Flood" or "flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
"Flood insurance rate map (FIRM)" means the official map on which the Federal
Insurance Administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
"Flood insurance study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the flood boundary-floodway map, and the water
surface elevation of the base flood.
"Floodplain administrator." The director of community development is hereby deemed to
be the city's floodplain administrator.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than a basement area, is not considered a building's lowest
floor, provided that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements found in Section 20.64. 170 (2).
"Manufactured home" means a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term "manufactured home" does not include a
"recreational vehicle."
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
ORDINANCE No. 2016-XXX 5
"New construction" means structures for which the "start of construction" commenced on
or after the effective date of this chapter.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads) is
completed on or after the effective date of adopted floodplain management regulations.
“Protected Area” means the greater of the floodway, the channel migration zone, and the
riparian habitat zone within the FEMA mapped special flood hazard area.
"Recreational vehicle" means a vehicle that is:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"Riparian habitat zone" means an area identified on the approved map that provides the
necessary protection perpendicularly from:
(1) The ordinary high water mark,
(2) The channel migration zone,
(3) The mapped floodway.
"Start of construction" includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction, placement
or other improvement was within one hundred eighty days of the permit date. The actual start
means either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that alteration affects the external
dimensions of the building.
"Structure" means a walled and roofed building including a gas or liquid storage tank that
is principally above ground.
"Substantial damage" means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed fifty
percent of the market value of the structure before the damage occurred.
"Substantial improvement" means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty percent of the market value of the structure
either:
(1) Before the improvement or repair is started; or
(2) If the structure has been damaged and is being restored, before the damage occurred.
For the purposes of this definition "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor, or other structural part of the
ORDINANCE No. 2016-XXX 6
building commences, whether or not that alteration affects the external dimensions
of the structure.
The term does not, however, include either:
(3) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions, or
(4) Any alteration of a "historic structure," provided that the alteration would not
preclude the structure's continued designation as a "historic structure."
"Variance" means a grant of relief from the requirements of this chapter that permits
construction in a manner that would otherwise be prohibited by this chapter.
"Water dependent" means a structure for commerce or industry that cannot exist in any
other location and is dependent on the water because of the intrinsic nature of its operations.
20.64.060 - Basis for establishing the areas of special flood hazard.
(a) The areas of special flood hazard identified by the Federal Insurance Administration in a
scientific and engineering report entitled "The Flood Insurance Study for Snohomish
County and Incorporated Areas" (in which the city is incorporated) dated September 16,
2005, or as amended, with an accompanying flood insurance rate map (FIRM), as
amended, are hereby adopted by reference and declared to be a part of this section. The
flood insurance study and the FIRM are on file at Arlington City Hall, 238 North
Olympic, Arlington, Washington. The best available information for flood hazard area
identification as outlined in subsection (b) shall be the basis for regulation until a new
FIRM is issued which incorporates the data utilized under subsection (b).
(b) When base flood elevation data has not been provided (A and V Zones) in accordance
with subsection (a), the administrator shall use any base flood elevation and floodway
data available from a federal, state or other source, in order to comply with Section
20.64.170 (Specific Standards for Zones A1-30, AH, and AE) and Section 20.64.180
(Specific Standards for Designated Regulatory Floodways).
(c) If such data are not already available, the administrator may rely on a licensed surveyor
to provide such information as necessary to reasonably ascertain said zones.
20.64.070 - Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and another ordinance, easement,
covenant, or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
20.64.080 - Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted under State statutes.
ORDINANCE No. 2016-XXX 7
20.64.090 - Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased by manmade or natural
causes. This chapter does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This chapter shall
not create liability on the part of City of Arlington, any officer or employee thereof, or the
Federal Insurance Administration, for any flood damages that result from reliance on this
chapter or any administrative decision lawfully made hereunder.
Part II – Development Regulations
20.64.100 - Supplementary information required with a permit application.
In addition to the standard information required on a permit application, the following
information is also required for any permits proposing development within a floodway or
floodplain, watercourse alteration or relocation:
(1) Elevation in relation to mean sea level, of the lowest floor (including basement) of
all structures;
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Elevation Certification by a registered professional engineer or architect.
(4) Notify adjacent communities and the Department of Ecology prior to any alteration
or relocation of a watercourse, and submit evidence of such notification to the Federal
Insurance Administration.
(5) Require that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood carrying capacity is not diminished.
20.64.110 - Location of boundaries of floodplain and floodway districts.
(a) As used in this chapter, the terms floodplain and floodway refer in the first instance to
certain areas whose boundaries are determined and can be located on the ground by
reference to the specific fluvial characteristics set forth in the definitions of these terms.
These terms also refer to overlay zoning districts whose boundaries correspond to the
actual physical location of floodways and floodplains as shown on FEMA's flood
insurance rate map (FIRM) and should be shown on the map identified in the City’s
adopted Shoreline Master Plan. (These overlay districts thus differ from other zoning
districts whose boundaries are established solely according to planning or policy, rather
than physical, criteria.) Therefore, the administrator is authorized to make necessary
interpretations as to the exact location of the boundaries of floodways or floodplains if
there appears to be a conflict between a mapped boundary and actual field conditions.
Such interpretations, like other decisions of the administrator, may be appealed pursuant
to Section 20.20.010 (Appeals).
(b) As used in this chapter the term riparian habitat zone (RHZ) is identified on the approved
RHZ map. The RHZ is an overlay zone that encompasses lands as defined above on either
side of all streams, and for all other watercourse including off channel areas within the
special flood hazard areas. The RHZ is a no new disturbance zone, other than for
activities that will not adversely affect the existing habitat function. Any property or
portion thereof that lies within the RHZ is subject to the restrictions of the RHZ, as well
ORDINANCE No. 2016-XXX 8
as any zoning restriction that apply to the parcel in the underlying zoning. Unless shown
otherwise the RHZ on a channel migration zone is fifty feet.
(c) When updating the maps the city must consider future conditions and the cumulative
effect from the future land-use changes.
(d) When updating the maps the city must consider identifying and evaluating the risk of
flooding behind one hundred-year levees within the city jurisdiction based on future
conditions and cumulative effects.
20.64.120 - Setbacks from streams RHZ within the floodplain.
Table 20.64.120: Stream Buffer Width1
Type Buffer
S 250 feet
F-> 5 feet wide and marine shorelines 150 feet
F - < 5 feet wide and lakes 150 feet
N – perennial and seasonal streams 150 – 225 feet2
2 Depending on slope stability
1 Channel Migration Zone (CMZ) plus 50 feet
(a) Communities must use the most restrictive data available for the CMZ, Floodway,
future conditions, and RHZ’s.
20.64.130 - Artificial obstructions within floodways prohibited.
(a) No artificial obstruction may be located within any floodway, except as provided in
Section 20.64.140 (Permissible Uses Within Floodways).
(b) For purposes of this section, an artificial obstruction is any obstruction, other than a
natural obstruction, that is capable of reducing the flood-carrying capacity of a stream or
may accumulate debris and thereby reduce the flood-carrying capacity of a stream. A
natural obstruction includes any rock, tree, gravel, or analogous natural matter that is an
obstruction and has been located within the floodway by a non-human cause.
20.64.140 - Permissible uses within floodways.
(a) Notwithstanding Chapter 20.40 (Permissible Uses) of this Title, no permit to make use of
land within a floodway may be issued unless the proposed use is listed as permissible in
the Table of Permissible Uses, Chapter 20.93 (Critical Areas Ordinance), and in the
following list:
(1) General habitat restoration, farming, pasture, outdoor plant nurseries, horticulture,
forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife, and
related uses.
(2) Ground-level loading areas, parking areas, boat launch, rotary aircraft ports, and
other similar ground-level area uses.
ORDINANCE No. 2016-XXX 9
(3) Lawns, gardens, play areas, and other similar uses.
(4) Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks,
hiking or horseback-riding trails, open space, and other similar private and public
recreational uses.
(b) General development standards to be followed in special flood hazard area include:
(1) If a lot has a buildable site out of the special flood hazard area, all new structures
shall be located there, when feasible. If the lot is fully in the floodplain, structures
must be located to have the least impact on salmon.
a. All structures must be set back at least 15 feet from the protected area and sited as
close to the SFHA boundary as possible.
(2) Stormwater and drainage features shall incorporate low impact development
techniques that mimic pre-development hydrologic conditions, when technically
feasible.
(3) Creation of new impervious surfaces shall not exceed ten percent of the surface area
of the portion of the lot in the floodplain unless mitigation is provided.
(4) Uses that are not permitted in the protected area unless shown not to adversely affect
water quality, habitat, and large woody debris include; septic tanks and drain fields,
dumping of any materials, hazardous or sanitary waste landfills: receiving area for
toxic or hazardous waste or other contaminants.
(5) a. The proposed action must be designed and located so that new structural flood
protection is not needed.
b. All bank stabilization measures requiring armoring of the streambank or
shoreline shall utilize bioengineering per the Integrated Streambank Protection
Guidelines 2003 (for riverine shorelines) or the State Shorelines Guidelines on
bank stabilization 2003 (for estuarine and marine shorelines).
(6) In an SFHA outside the Protected Area, zoning is required to maintain a low density
of flood plain development. Concepts of cluster development, density transfer,
credits and bonuses, planned unit development, and transfer of development rights
shall be employed wherever possible.
20.64.150 - Construction within floodways and floodplains restricted.
Any development occurring in the floodway or floodplain will require the issuance of a
"flood hazard permit". A development permit shall be obtained before construction or
development begins within any area of special flood hazard area. The permit shall be for all
structures including manufactured homes, and for all development including fill and other
activities as set forth in this chapter.
(1) No land use or building permit may be issued for any development within a
floodplain until the permit-issuing authority has reviewed the plans for any such
development to assure that:
(A) The proposed development is consistent with the need to minimize flood
damage, and
(B) All public utilities and facilities such as sewer, gas, electrical, and water systems
are located and constructed to minimize or eliminate flood damage, and
(C) Adequate drainage is provided to minimize or reduce exposure to flood hazards,
and
ORDINANCE No. 2016-XXX 10
(D) All necessary permits have been received from those agencies from which
approval is required by federal or state law, and
(E) The application for a permit to develop in the affected area must include the
elevations of the ten-, fifty-, and one hundred-year floods, where such data are
available, and
(F) The applicant must record a notice on the title that the property contains land
within the RHZ and/or one hundred-year floodplain before a permit may be
issued, and
(G) Any improvements or repairs to existing structures that result in a greater than
ten percent increase of the structure footprint must mitigate for any adverse
effects, and
(H) Removal of native vegetation must leave sixty-five percent of the surface area
of the portion of the property in the floodplain in an undeveloped state, and
(I) Development in the protected area (floodway, RHZ, and CMZ plus 50 feet) is
prohibited unless it is demonstrated that any proposed development in the area
does not adversely affect water quality, water quantity, flood volumes, flood
velocities, spawning substrate, and/or floodplain refugia for listed salmonids.
No mitigation is allowed within the protected area. However, project design
elements to avoid any adverse effects may be allowed.
(2) Any development outside the Protected Area must mitigate for adverse effects, both
direct and indirect on functions such that equivalent or better salmon habitat
protection is provided for:
(A) Stormwater: Reduce flood volumes and stormwater runoff from new
development by ensuring that increased flood volumes of stormwater reach the river
at the same frequency, timing and duration as historic runoff. Low impact
development is required to be incorporated as described in Chapter 20.64.140(b)(2).
(B) Riparian vegetation: maintain or replace riparian function by providing
equivalent area, diversity, and function of riparian vegetation as currently exists on
the site. Riparian retention requirements are outlined in Chapter 20.64.150(1)(H).
(C) Hyporheic zones: No activity is allowed that interferes with the natural exchange
of flow between surface water, groundwater, and hyporheic zone, however, natural
hyporheic exchange may be enhanced or restored.
(D) Wetlands: Wetland function must be maintained or replaced by providing
equivalent function.
(E) Large Woody Debris: Any large woody debris (LWD) removed from the
floodplain must be replaced in kind, replicating or improving the quantity, size, and
species of the existing LWD.
(3) No building may be constructed and no substantial improvement of an existing
building may take place within any floodway. This includes a prohibition on
installing new mobile homes in an existing mobile home park located in a floodway,
even if the park is nonconforming.
(4) Where elevation data is not available either through the flood insurance study, FIRM,
or from another authoritative source the applicant shall obtain, review, and
reasonably utilize any base flood elevation and floodway data available from a
federal, state or other source (Subsection 20.64.060(b) Basis for Establishing the
ORDINANCE No. 2016-XXX 11
Areas of Special Flood Hazard), applications for building permits shall be reviewed
to assure that proposed construction will be reasonably safe from flooding.
(5) No new residential building may be constructed and no substantial improvement of
a residential building may take place within any floodplain unless the lowest floor
(including basement) of the building or improvement is elevated one foot or more
above the base flood level.
(A) Residential accessory structures shall be allowed within floodplains provided
they are firmly anchored to prevent flotation.
(B) Anchoring of any accessory buildings may be done by bolting the building to a
concrete slab or by over-the-top ties. When bolting to a concrete slab, one-half
inch bolts six feet on center with a minimum of two per side shall be required.
If over-the-top ties are used, a minimum of two ties with a force adequate to
secure the building is required.
(6) No new nonresidential building may be constructed and no substantial improvements
of a nonresidential building may take place within any floodplain unless the lowest
floor (including basement) of the building or improvement is elevated or
floodproofed one foot or more above base flood elevation (BFE).
(7) For purposes of this section, "substantial improvement" means for a building
constructed prior to the effective date of this title, any repair, reconstruction, or
improvement of a building the cost of which equals or exceeds fifty percent of the
market value of the structure either:
(A) Before the improvement or repair is started or
(B) If the structure has been damaged and is being restored, before the damage
occurred.
"Substantial improvement" occurs when the first alteration on any wall, ceiling,
floor, or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the building. The term does not,
however, include either:
(A) Any project for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications that are solely necessary to insure
safe living conditions, or
(B) Any alteration of a building listed on the National Register of Historic Places or
a State Inventory of Historic Places.
(8) No land use or building permit may be issued for any development within a
floodplain until the permit-issuing authority has reviewed the plans to assure that any
new construction or substantial improvements shall be:
(A) Designed (or modified) and adequately anchored to prevent flotation collapse,
or lateral movement of the structure.
(B) Constructed with materials and utility equipment resistant to flood damage.
(C) Constructed by methods and practices that minimize flood damage.
(9) Notwithstanding any other provision of this title, no mobile home may be located or
relocated within that portion of the floodplain outside of the floodway, unless the
following criteria are met:
(A) Ground anchors for tie downs are provided.
(B) The following tie-down requirements are met:
ORDINANCE No. 2016-XXX 12
(i) All new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure.
(ii) All manufactured homes must likewise be anchored to prevent flotation,
collapse, or lateral movement, and shall be installed using methods and
practices that minimize flood damage. Anchoring methods may include, but
are not limited to, use of over-the-top or frame ties to ground anchors
(Reference FEMA's "Manufactured Home Installation in Flood Hazard
Areas" guidebook for additional techniques).
(C) Lots or pads are elevated on compacted fill or by any other method approved by
the administrator so that the lowest habitable floor of the mobile home is at or
above the base flood level.
(D) Adequate surface drainage and easy access for mobile home hauler is provided.
(E) Load-bearing foundation supports such as piers or pilings must be engineered.
(10) Whenever any portion of a floodplain is filled in with fill dirt, slopes shall be
adequately stabilized to withstand the erosive force of the base flood.
20.64.160 - General standards.
In all areas of special flood hazards, the following standards are required:
(1) Anchoring.
(A) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, or lateral movement of the structure.
(B) All manufactured homes must likewise be anchored to prevent flotation,
collapse, or lateral movement, and shall be installed using methods and practices
that minimize flood damage. Anchoring methods may include, but are not
limited to, use of over-the-top or frame ties to ground anchors (Reference
FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook
for additional techniques).
(2) AH Zone Drainage—Adequate drainage paths are required around structures on
slopes to guide floodwaters around and away from proposed structures.
(3) Construction Materials and Methods.
(A) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
(B) All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
(C) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and
other service facilities shall be designed and/or otherwise elevated or located so
as to prevent water from entering or accumulating within the components during
conditions of flooding.
20.64.170 - Specific standards for Zones A1-30, AH, and AE.
In all areas of special flood hazards where base flood elevation data has been provided
(Zones A1-30, AH, and AE on the community's FIRM) as set forth in Section 20.64.060
(Basis for Establishing the Areas of Special Flood Hazard), the following provisions are
required:
(1) Residential construction.
ORDINANCE No. 2016-XXX 13
(A) New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated one foot or more
above the base flood elevation.
(B) Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the following
minimum criteria:
(i) A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding
shall be provided.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of
floodwaters.
(2) Nonresidential construction. New construction and substantial improvement of
any commercial, industrial or other nonresidential structure shall either have the
lowest floor, including basement, elevated one foot or more above the base flood
elevation; or, together with attendant utility and sanitary facilities, shall:
(A) Be floodproofed so that below one foot or more above the base flood level
the structure is watertight with walls substantially impermeable to the passage
of water;
(B) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
(C) Be certified by a registered professional engineer or architect that the design
and methods of construction are in accordance with accepted standards of
practice for meeting provisions of this subsection based on their development
and/or review of the structural design, specifications and plans. Such
certifications shall be provided to the floodplain administrator or building
official.
(E) Applicants floodproofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the
floodproofed level (e.g. a building floodproofed to the base flood level will
be rated as one foot below).
(3) Manufactured Homes.
(A) All manufactured homes to be placed or substantially improved on sites:
(i) Outside of a manufactured home park or subdivision,
(ii) In a new manufactured home park or subdivision,
(iii) In an expansion to an existing manufactured home park or
subdivision, or
(iv) In an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result
of a flood;
(v) Shall be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated one foot or more above
ORDINANCE No. 2016-XXX 14
the base flood elevation and be securely anchored to an adequately
designed foundation system to resist flotation, collapse and lateral
movement.
(B) Manufactured homes to be placed or substantially improved on sites in
an existing manufactured home park or subdivision that are not subject
to the above manufactured home provisions be elevated so that either:
(i) The lowest floor of the manufactured home is elevated one foot or
more above the base flood elevation, or
(ii) The manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no
less than thirty-six inches in height above grade and be securely
anchored to an adequately designed foundation system to resist
flotation, collapse, and lateral movement.
(4) Recreational Vehicles—Recreational vehicles placed on sites are required to
either:
(A) Be on the site for fewer than one hundred eighty consecutive days,
(B) Be fully licensed and ready for highway use, on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions; or
(C) Meet the requirements of Subsection 20.64.170(c)(3) Specific Standards
for Zones A1-30, AH, and AE—Manufactured Homes) above, and the
elevation and anchoring requirements for manufactured homes.
20.64.180 - Specific standards for designated regulatory floodways.
Located within areas of special flood hazard established in Section 20.64.060 (Basis for
Establishing the Areas of Special Flood Hazard) are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris,
potential projectiles, and erosion potential, the following provisions apply:
(1) Prohibit encroachments, including fill, new construction, substantial improvements,
and other development unless certification by a registered professional engineer is
provided demonstrating through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the proposed encroachment
would not result in any increase in flood levels during the occurrence of the base
flood discharge.
(2) Construction or reconstruction of residential structures is prohibited within
designated floodways, except for (i) repairs, reconstruction, or improvements to a
structure which do not increase the ground floor area; and (ii) repairs, reconstruction
or improvements to a structure, the cost of which does not exceed fifty percent of the
market value of the structure either, (A) before the repair, or reconstruction is started,
or (B) if the structure has been damaged, and is being restored, before the damage
occurred. Any project for improvement of a structure to correct existing violations
of state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions or to structures identified as historic places
shall not be included in the fifty percent.
ORDINANCE No. 2016-XXX 15
(3) If Subsection 1 is satisfied, all new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of Section 20.64.180
through Section 240.
20.64.190 - Specific standards for shallow flooding areas (AO Zones).
Shallow flooding areas appear on FIRMs as AO Zones with depth designations. The base
flood depths in these zones range from one to three feet above ground where a clearly defined
channel does not exist, or where the path of flooding is unpredictable and where velocity flow
may be evident. Such flooding is usually characterized as sheet flow. In these areas, the
following provisions apply:
(1) New construction and substantial improvements of residential structures and
manufactured homes within AO Zones shall have the lowest floor (including
basement) elevated above the highest adjacent grade to the structure, one foot or
more above the depth number specified in feet on the community's FIRM (at least
two feet above the highest adjacent grade to the structure if no depth number is
specified).
(2) New construction and substantial improvements of nonresidential structures within
AO Zones shall either:
(A) Have the lowest floor (including basement) elevated above the highest adjacent
grade of the building site, one foot or more above the depth number specified on
the FIRM (at least two feet if no depth number is specified); or
(B) Together with attendant utility and sanitary facilities, be completely flood
proofed to or above that level so that any space below that level is watertight
with walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. If this method is used, a registered professional
engineer or architect as in Subsection 20.64.170 (Specific Standards for Zones
A1-30, AH, and AE) shall certify compliance.
(3) Require adequate drainage paths around structures on slopes to guide floodwaters
around and away from proposed structures.
(4) Recreational vehicles placed on sites within AO Zones on the community's FIRM
either:
(A) Be on the site for fewer than one hundred eighty consecutive days,
(B) Be fully licensed and ready for highway use, on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and security devices,
and has no permanently attached additions; or
(C) Meet the requirements of Subsections 1 and 3 above and the anchoring
requirements for manufactured homes (Subsection 20.64.160(1), General
Standards).
20.64.210 AE and A1-30 Zones with Base Flood Elevations but No Floodways.
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
ORDINANCE No. 2016-XXX 16
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.
20.64. 215 - Special provisions for subdivisions.
(a) All subdivision proposals shall be consistent with the need to minimize flood damage.
(b) All subdivision proposals shall have public utilities and facilities, such as sewer, gas,
electrical, and water systems located and constructed to minimize or eliminate flood
damage.
(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage.
(d) Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
developments that contain at least fifty lots or five acres (whichever is less).
(e) All subdivisions are subject to use and construction restrictions contained in Section
20.64.130 (Artificial Obstructions Within Floodways Prohibited), Section 20.64.140
(Permissible Uses Within Floodways), Section 20.64.150 (Construction Within
Floodways and Floodplains Restricted), and Section 20.64.220 (Utility Systems in
Floodways and Floodplains) if any portion of the land to be subdivided lies within a
floodway or floodplain.
(f) Final plat approval for any subdivision containing land that lies within a floodway or
floodplain may not be given unless the plat shows the boundary of the floodway or
floodplain and contains in clearly discernible print the following statement: "Use of land
within a floodway or floodplain is substantially restricted by Title 20, Chapter 20.64 of
the Arlington Municipal Code."
(g) Subject to the following sentence, a conditional use permit or final plat approval for any
subdivision may not be given if:
(1) The land to be subdivided lies within a zone where residential uses are permissible
and it reasonably appears that the subdivision is designed to create residential
building lots, and
(2) Any portion of one or more of the proposed lots lies within a floodway or floodplain,
and
(3) It reasonably appears that one or more lots described in Subdivisions (1) and (2) of
this subsection could not practicably be used as a residential building site because of
the restrictions set forth in Section 20.64.150 (Construction Within Floodways and
Floodplains Restricted), Section 20.64.160 (General Standards), and Section
20.64.170 (Specific Standards for Zones A1-30, AH, and AE).
20.64.220 - Utility systems in floodways and floodplains.
Whenever any portion of a proposed development is located within a floodway or
floodplain, the agency or agencies responsible for certifying to the city the adequacy of the
utility systems for the development (as set forth in Chapter 20.60) shall be informed by the
developer that a specified area within the development lies within a floodway or floodplain.
Thereafter, said agency shall certify, prior to approval of the proposed system, that:
(1) All new and replacement water supply systems are designed to minimize or eliminate
infiltration of flood waters into the systems;
ORDINANCE No. 2016-XXX 17
(2) Any proposed water wells are located on high ground that is not in the floodway
(WAC 173-160-171);
(3) New and replacement sanitary sewage systems are designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into
flood waters; and,
(4) On-site waste disposal systems are located to avoid impairment to them or
contamination from them during flooding; and
(5) All new utilities would be located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
20.64.230 - Critical facility.
Construction of new critical facilities shall be, to the extent possible, located outside the
limits of the Special Flood Hazard Area (SFHA) (one hundred-year floodplain). Construction
of new critical facilities shall be permissible within the SFHA if no feasible alternative site is
available. Critical facilities constructed within the SFHA shall have the lowest floor elevated
three feet or to the height of the five hundred-year flood, whichever is higher. Access to and
from the critical facility should also be protected to the height utilized above. Floodproofing
and sealing measures must be taken to ensure that toxic substances will not be displaced by
or released into floodwaters. Access routes elevated to or above the level of the base flood
elevation shall be provided to all critical facilities to the extent possible.
20.64. 240 - Additional duties of administrator related to flood insurance and flood control.
The administrator shall:
(1) For the purpose of the determination of applicable flood insurance risk premium rates
within zone A on the city's flood insurance rate map provided by the U.S. Federal
Emergency Management Agency:
(A) Obtain and record the elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures including
to which level it was floodproofed; and
(B) Obtain, for all structures that have been floodproofed (whether or not such
structures contain a basement) the elevation (in relation to mean sea level in the
FEMA datum) to which the structure was floodproofed; and
(C) Maintain the floodproofing certifications found in others sections of this chapter;
and
(D) The city will track projects which have been issued floodplain development
permits, including effects to flood storage and fish habitat and mitigation
provided.
(E) Maintain a record of all such information for public inspection.
(2) Notify, in riverine situations, adjacent communities, the U.S. Army Corps of
Engineers, the Washington State Department of Fish and Wildlife, and any effected
diking or drainage districts prior to any alteration or relocation of a watercourse, and
submit copies of such notification to the Federal Insurance Administrator.
(3) Ensure that the flood-carrying capacity within the altered or relocated portion of any
watercourse is maintained and within the same sub-basin so carrying capacity is not
diminished.
ORDINANCE No. 2016-XXX 18
(4) Maintain the records of all appeal actions and report any variances to the Federal
Insurance Administration upon request.
20.64.250 - Variances from requirements.
(a) Generally, the only condition under which a variance from the elevation standard may be
issued is for new construction and substantial improvements to be erected on a lot of one-
half acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing items (1—11) in subsection (i), below,
have been fully considered. As the lot size increases, the technical justification required
for issuing the variance increases.
(b) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures
listed on the National Register of Historic Places or the state inventory of historic places,
without regard to the procedures set forth in this section.
(c) Variances shall not be issued within a designated floodway if any increase in flood levels
during the base flood discharge would result, or the development may eventually require
additional structural flood protection.
(d) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(e) Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) The submittal, review and approval of a biological assessment;
(3) A determination that failure to grant the variance would result in exceptional
hardship to the applicant;
(4) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing
local laws or ordinances.
(f) Variances as interpreted in the national flood insurance program are based on the general
zoning law principle that they pertain to a physical piece of property; they are not personal
in nature and do not pertain to the structure, its inhabitants, economic or financial
circumstances. They primarily address small lots in densely populated residential
neighborhoods. As such, variances from the flood elevations should be quite rare.
(g) Variances may be issued for nonresidential buildings in very limited circumstances to
allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can
be determined that such action will have low damage potential, complies with all other
variance criteria except subsection (i)1, and otherwise complies with Subsection
20.64.160(a) General Standards), Subsection 20.64.170(c), and Section 20.64.220
(Utility Systems in Floodways and Floodplains).
(h) Any applicant to whom a variance is granted is hereby notified that the structure will be
permitted to be built with a lowest floor elevation below the base flood elevation and that
the cost of flood insurance will be commensurate with the increased risk resulting from
the reduced lowest floor elevation.
(i) In granting a variance, in addition to the findings of Section 20.20.030 (Variances), the
decision-maker shall consider and make findings concerning all technical evaluations, all
relevant factors, standards specified in other sections of this chapter, and (including the
degree to which the applicant proposes to mitigated impacts to) the following:
ORDINANCE No. 2016-XXX 19
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The impact to ESA listed species;
(4) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(5) The importance of the services provided by the proposed facility to the community;
(6) The necessity to the facility of a waterfront location, where applicable;
(7) The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(8) The compatibility of the proposed use with existing and anticipated development;
(9) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(10) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(11) The expected heights, velocity, duration, rate of rise, debris and sediment transport
of the flood waters and the effects of wave action, if applicable, expected at the site;
and,
(12) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
(j) Upon consideration of the factors of subsection (b) and the purposes of this chapter, the
decision-maker may attach such conditions to the granting of a waiver, as it deems
necessary to further the purposes of this chapter.
Section 3. 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 4. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of
the ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 5. 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.
/
/
/
ORDINANCE No. 2016-XXX 20
PASSED BY the City Council and APPROVED by the Mayor this _______ day of
________________________, 2016.
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 #5
Attachment
G
COUNCIL MEETING DATE:
July 18, 2016
SUBJECT:
Land Use Code Amendment to Title 20, Chapter 20.93 of the AMC and complete
repeal of Chapter 20.88 regarding the Critical Area Ordinance
ATTACHMENTS:
Draft Ordinance
DEPARTMENT OF ORIGIN
Community & Economic Development
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Revisions to Chapter 20.93 to comply with the Department of Ecology’s updated
wetland Delineation Manual and 2014 Washington State Rating System regarding our
Critical Areas Ordinance. Repeal of Chapter 20.88 making Chapter 20.93 our CAO,
stand-alone document. Several meetings/discussions took place with ECY staff
during the rewrite, several meetings (workshops) held with the Planning Commission,
and a Noticed Public Hearing was held on July 7, 2016. The Planning Commission’s
Findings of Facts will be provided as part of this ordinance.
HISTORY:
The Arlington Municipal Code currently contains two Critical Area Ordinances,
Chapter 20.93 and Chapter 20.88. It was believed that Chapter 20.93 pertained to
critical areas as part of the Shoreline Master Program and Frequently Flooded Areas
and that 20.88 pertained to all other areas of the city. This caused confusion with
developer’s as they were unsure what Chapter to design to. The City was required to
conduct a periodic review of its Critical Areas Ordinance(s), per GMA, 30.70A RCW in
June 2015. Staff consulted with Department of Ecology, Donna Bunten and Doug
Gresham regarding both 20.93 & 20.88. It was recommended by ECY staff that 20.93
be amended and 20.88 be deleted so that our CAO is a stand-alone chapter.
City of Arlington
Council Agenda Bill
Item:
NB #5
Attachment
G
ALTERNATIVES
Approve staff’s recommendation with modifications
Table staff’s recommendation
Deny staff’s recommendation
RECOMMENDED MOTION:
I move to approve the ordinance amending Chapter 20.93 of the AMC and repealing
Chapter 20.88 regarding Critical Areas Ordinance.
COA and ECY Draft – 3/16
Page 1
Formatted: Centered
Chapter 20.93 ‐ ENVIRONMENTALLY CRITICAL AREAS Critical Area Ordinance
Sections:
Part I. ‐ Purpose and Intent
20.93.010 ‐ Purpose and intent.
This chapter establishes regulations for the protection of environmentally critical areas (ECAs) within
the city's shoreline jurisdiction, including critical areas, natural resource lands, and protective buffers. While
it is intended that this chapter fulfill the mandates of the Washington State Shoreline Growth Management
Act, that is not its sole purpose: Its primary purpose is to fulfill the legislative intent of the city of Arlington,
which is to protect the public health, safety, and welfare of the citizens of Arlington by providing for the long-
term preservation of natural systems and their functions. This is to be accomplished by establishing
prohibitions, mitigation requirements, and minimum standards for the use and development of properties
that contain or adjoin environmentally critical areas. Additionally, this chapter is intended to:
(1) If at all possible, avoid impacts to environmentally critical areas. If this is not practicable, then:
(A) Minimize or limit the degree or magnitude of actions and their implementation by using
appropriate technology or by taking affirmative steps to avoid or reduce impacts.
(B) Mitigate any impacts by repairing, rehabilitating, or restoring the affected environment.
(C) Reduce or eliminate any impacts over time by preservation and maintenance operations
during the life of the action.
(D) Compensate for unavoidable impacts by replacing, enhancing or providing substitute
resources or environments through monitoring of specific and cumulative impacts.
(2) Protect the public from personal injury, loss of life, or property damage due to flooding, erosion,
landslides, seismic events, or soil subsidence.
(3) Protect against publicly financed expenditures due to the misuse of environmentally critical areas
that cause:
(A) Unnecessary maintenance and replacement of public facilities;
(B) Publicly funded mitigation of avoidable impacts;
(C) Cost for public emergency rescue and relief operations where the causes are avoidable;
(D) Degradation of the natural environment.
(4) Protect aquatic resources.
(5) Protect unique, fragile, and valuable elements of the environment, including wildlife and its
habitat.
(6) Alert appraisers, assessors, owners, potential buyers, or lessees to the development limitations
of environmentally critical areas.
(7) Provide city officials with sufficient information to adequately protect environmentally critical areas
when approving, conditioning, or denying applications for public or private development
proposals.
(8) Give guidance to the development of comprehensive plan policies in regard to the natural systems
and environment of the Arlington Watershed(s).
Commented [GD(1]: Recommend citing Growth
Management Act instead of Shoreline Management Act as
purpose of CAO.
COA and ECY Draft – 3/16
Page 2
Formatted: Centered
(9) Provide property owners and developers with succinct information regarding the city's
requirements for property development, thus rationalizing and accelerating the development
permit application process.
(Ord. No. 2011-029, § 1, 12-5-2011)
Part II. ‐ Definitions
20.93.100 ‐ Definitions.
For the purposes of this chapter, the following definitions shall apply:
"Alteration(s)". A change or rearrangement of the structural parts of existing facilities or an enlargement
by extending the side or increasing the height or depth or the moving from one location to another.
"AMC". The Arlington Municipal Code.
"Applicant". A person who applies for any permit or approval to do anything governed by this code and
who is either the owner of the subject property, the authorized agent of the owner, or the city.
"Classes". Taxonomic classification system of the United States Fish and Wildlife Service (Cowardin,
et al 1978).
"Commercial". Activity with goods, merchandise, or services for sale or rent.
"Compensation". In-kind replacement of damaged wetlands with substitute wetlands whose
characteristics closely approximate those destroyed or degraded by a regulated activity. It does not mean
replacement-in-category. When compensatory measures are appropriate pursuant to the mitigation priority
sequence above, preferential consideration shall be given to measures that replace the impacted functions
directly and in the immediate vicinity of the impact. However, alternative compensatory mitigation within the
watershed sub-basin that addresses limiting factors or identified critical needs for shoreline resource
conservation based on watershed or comprehensive resource management plans applicable to the area of
impact may be authorized. If there are no previously identified mitigation opportunities in the impacted sub-
basin identified in local watershed or comprehensive plans the applicant will use a watershed approach in
selecting mitigation sites utilizing Selecting Wetland Mitigation Sites Using a Watershed Approach (Western
Washington) (Publication #09-06-32).
"Constructed stormwater wetland". A stormwater management system that is designed and built to
function similar to the naturally occurring wetland including native trees and shrubs allowed to grow to
maturity.
"Critical areas". Fish and wildlife habitat conservation areas, streams, wetlands, areas with a critical
recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently
flooded areas; and geologically hazardous areas.
"Dedication". Deliberate appropriation of land by an owner for public use or purpose, reserving no
other rights than those that are compatible with the full exercise and enjoyment of the public use or purpose
to which the property has been devoted.
"Degraded wetland". A wetland in which the vegetation, soils, and/or hydrology have been adversely
altered, resulting in lost or reduced functions and values.
"Developable area". Land outside of critical areas and environmentally critical area setbacks and
buffers.
"Development" means any manmade change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
COA and ECY Draft – 3/16
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operations or storage of equipment or materials located within the area of special flood hazard, subdivision
of land, removal of substantial amounts of vegetation, or alteration of natural site characteristics.
"Development permit". Any permit or approval under this code or the AMC that must be issued before
initiating a use or development activity.
"Ditch". A long narrow excavation dug in the earth for drainage with its top width less than ten feet at
design flow and that does not meet the definition of a stream. A ditch may be regulated if it conveys stream
flow.
"Easement". Land which has specific air, surface or subsurface rights conveyed for us by an entity
other than the owner of the subject property or to benefit some property other than the subject property.
"Edge". The boundary of a wetland as delineated based on the criteria contained in this chapter.
"Emergent wetland". A wetland with at least thirty percent of its surface covered by erect, rooted,
herbaceous vegetation at the uppermost vegetative strata.
"Enhancement". Alteration of an existing resource to improve or increase its characteristics and
processes without degrading other existing functions. Enhancements are to be distinguished from resource
creation or restoration projects.
"Erosion hazard area". A landform or soil type subject to being worn away by the action of water, wind,
freeze-thaw or ice.
"Exotic species". Plants or animals that are not native to the Puget Sound Lowlands region.
"Extraordinary hardship". Prevention of all reasonable economic use of the parcel due to strict
application of this chapter and/or programs adopted to implement this chapter.
"Fish and wildlife habitats (of local importance)". A seasonal range or habitat element with which a
given species has a primary association, and which, if altered, may reduce the likelihood that the species
will maintain and reproduce over the long-term. These might include areas of relative density or species
richness, breeding habitat, seasonal range, and movement corridors. These also include habitats of limited
availability or high vulnerability to alteration, such as cliffs and wetlands.
"Forested wetland". Wetlands with at least thirty percent of the surface area covered by woody
vegetation greater than twenty feet in height or ≥ three-inch diameter at breast height.
"Forest land". Land used for growing trees, not including Christmas trees, for commercial purposes
(as shown by record of any income) that has long-term (six years or more) commercial significance.
"Frequently flooded areas". Lands indicated on the most current FEMA map to be within the one
hundred-year flood plain. These areas include, but are not limited to, streams, lakes, coastal areas, and
wetlands. Local areas not identified on FEMA maps that experience frequent periods of inundation.
"Functions". The beneficial roles served by critical areas including, but not limited to, water quality
protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and
attenuation, groundwater recharge and discharge, erosion control, wave attenuation, and aesthetic value
protection, and recreation. These roles are not listed in order of priority.
"Geologically hazardous areas". Includes areas susceptible to erosion, sliding, seismic activity, or
other geological events. They pose a threat to the health and safety of citizens when used as sites for
incompatible commercial, residential or industrial development.
"Grading". The physical manipulation of the earth's surface and/or drainage pattern in preparation of
an intended use or activity.
"High quality native wetlands" will be classified by the state wetland rating system for Western
Washington. However, the following elements may be considered when identifying locally important
functions of a wetland:
(1) No, or isolated, human alteration of the wetland topography;
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(2) No human-caused alteration of the hydrology or else the wetland appears to have recovered from
the alteration;
(3) Low cover and frequency of exotic plant species;
(4) Relatively little human-related disturbance of the native vegetation, or recovery from past
disturbance;
(5) If the wetland system is degraded, it still contains a viable and high quality example of a native
wetland community; and
(6) No known major water quality problems.
"Hydric soil". Soil that is saturated, flooded, or ponded long enough during the growing season to
develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following
the methods as defined by the National Technical Committee for Hydric Soils. The presence of hydric soil
shall be determined following the methods described in the Regional Supplement to the Corps of Engineers
Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region.
"Hydrophyte or hydrophytic vegetation". Plant life growing in water or on a substrate that is at least
periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic
vegetation shall be determined following the methods described in the Washington State Wetland
Delineation Manual adopted pursuant to RCW 90.58.380.
"Improvement". Any structure or manmade feature.
"Isolated wetlands" will be classified by the state wetland rating system for Western Washington.
However, the following elements may be considered when identifying locally important functions of a
wetland.
(1) Are outside of and not contiguous to any wetland system of one acre or more, or the one hundred-
year floodplain of a lake, river, creek, or stream; and,
(2) Have no contiguous hydric soil or hydrophytic vegetation between the wetland and contiguous
wetlands of one acre or more or any surface water.
"Landslide hazard areas". Areas potentially subject to risk of mass movement due to a combination of
factors, including historic failures.
"Land uses, high intensity". A zone classification allowing more than one dwelling unit per acre.
"Land uses, low intensity". Includes land uses which are associated with low levels of human
disturbance or low habitat impacts, including, but not limited to, passive recreation, open space, or those
uses listed in Section 20.93.220 (Allowed Activities).
"Land uses, medium intensity". Includes land uses which are associated with moderate levels of
disturbance such as open space parks with biking and jogging, etc., conversion of moderate-intensity
agriculture (orchards, hay fields, etc), paved trails, gravel roads, utility corridors or right-of-way shared by
several utilities including access/maintenance roads.
"Mineral resource lands". Lands primarily devoted to the extraction of gravel, sand, other construction
materials, or valuable metallic or mineral substances.
"Native vegetation". Plant species that are indigenous to the Puget Sound Lowlands region.
"Natural condition". Lands that retain native vegetation, forest duff and naturally occurring contours
and drainage patterns not modified by human activity.
"Natural resource lands". Agriculture, forest, and mineral resource lands as defined in this section.
"Nonconforming". Any use, structure, lot, condition, activity, or any other feature or element of private
property or the use or utilization of private property that does not conform to any of the provisions of this
code or that was not approved by the city through the appropriate decision-making process required under
this code.
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"Open space". Land not covered by buildings, roadways, parking areas, or other surfaces through
which water cannot percolate into the underlying soils.
"Ordinary high water mark". As defined by RCW 90.58.030(2)(b), as now or hereafter amended.
"Palustrine wetland". Freshwater with open water, emergent herbaceous vegetation, scrub-shrub
vegetation, and/or trees.
"Pond". Any inland body of water, either naturally or artificially formed or increased, that has a surface
area of one thousand square feet or more, except: These do not include ponds deliberately designed and
created from dry sites such as canals, detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities.
"Practicable alternative". An alternative that is available and capable of being carried out after taking
into consideration cost, existing technology, and logistics in light of overall project purposes, and having
less impacts to environmentally critical areas. It may include an area not owned by the applicant that can
reasonably be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed
activity.
"Priority habitats". Areas with which priority species have a primary association, as determined by the
Washington Department of Fish and Wildlife. Priority habitats have one or more of the following attributes:
comparatively high or significant species density or richness, significant breeding habitat, significant
seasonal ranges, significant wildlife movement corridors, limited availability, and/or high vulnerability.
"Priority species". Wildlife species of concern due to their population status and their sensitivity to
habitat alteration.
"Riparian habitat". An ecosystem that occurs in the transition zone between aquatic and upland
environments.
"Scrub-shrub wetlands". A wetland with at least thirty percent of its surface area covered with woody
vegetation less than twenty feet in height or ≤ three-inch diameter at breast height.
"Seismic hazard areas". Areas subject to the risk of damage as a result of earthquake induced ground
shaking, slope failure, settlement, soil liquefaction or surface faulting. Ground shaking is a primary risk,
followed by some unstable slopes causing damage below them.
"Slope". See Section 20.93.600 (Geological Hazardous Areas—Classification).
"Sphagnum". Any of a large genus of mosses that grows only in wet acidic soils and whose remains
become compacted with other plant debris to form peat.
"Streams". Those areas where surface waters flow sufficiently to produce a defined channel or bed. A
defined channel or bed is indicated by hydraulically sorted sediments or the removal of vegetative litter or
loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year-
round. This includes DNR Stream Types S, F, F-ESA, Np, Ns (WAC 222-16-030, or as amended hereafter).
This definition is not meant to include irrigation ditches, canals, stormwater runoff devices or other entirely
artificial watercourses unless they are used to convey any stream naturally occurring prior to construction.
Those topographic features that resemble streams but have no defined channels (i.e. swales) shall be
considered streams when hydrologic and hydraulic analyses done pursuant to a development proposal
predict formation of a defined channel after development.
"Steep slope". See Section 20.93.600 (Geological Hazardous Areas—Classification).
"Structure". Anything which is built or constructed; an edifice or building of any kind, or any piece of
work artificially built-up or composed of parts joined together in some definite manner. Not included are
fences less than six feet in height, retaining wall, rockeries, and similar improvements of a minor character
less than three feet in height.
"Unavoidable". Impacts that remain after a person proposing to alter environmentally critical areas has
demonstrated that no practicable alternative exists for the proposed project.
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"Use." "Development" as that term is defined in Chapter 90.58 RCW. Also means the nature of the
activities taking place on private property or within structures thereon.
"Water-dependent". A use for which the use of surface water would be essential in fulfilling the purpose
of the proposed project.
"Wetlands". "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands
intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches,
grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape
amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the
construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally
created from non-wetland areas created to mitigate conversion of wetlands.
(Ord. No. 2011-029, § 1, 12-5-2011)
Part III. ‐ General Provisions
20.93.200 ‐ Applicability.
This chapter applies to environmentally critical areas within the city's and its shoreline jurisdiction. The
maps adopted in AMC 20.93.970 show the general location of the city's shoreline jurisdiction; however,
whether an environmentally critical area is within shoreline jurisdiction shall be determined by the shoreline
administrator. No action shall be taken by any person that results in any alteration of any environmentally
critical area or their buffers except as consistent with the purposes, objectives, and goals of this chapter.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.210 ‐ Regulated activities.
(a) All land use and/or development activities on lands containing environmentally critical areas or
affecting off-site environmentally critical areas are subject to this chapter and are prohibited unless:
(1) The use or activity is found to be exempt by the community development director per the allowed
uses sections of this chapter; or,
(2) The use or activity meets the performance standards found in the requirements sections of this
chapter.
(b) Land use and development activities include, but are not limited to, the following activities:
(1) The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or
material of any kind.
(2) The dumping, discharging, or filling with any material.
(3) The draining, flooding, or disturbing of the water level or water table.
(4) The driving of pilings.
(5) The placing of obstructions.
(6) The construction, reconstruction, demolition, or expansion of any structure.
Commented [GD(2]: Recommend deleting reference to
shoreline master program so this applies to all critical areas.
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(7) The destruction or alteration of vegetation in an environmentally critical area through clearing,
harvesting, shading, intentional burning, or planting of vegetation that would alter the character
and function of an environmentally critical area.
(8) Activities that result in a significant change of water temperature, a significant change of physical
or chemical characteristics of water sources, including quantity, or the introduction of pollutants.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.220 ‐ 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 authorized by this chapter (unless otherwise
prohibited from a particular area because of site-specific issues.
(3) When approval is granted by the city, the recreational harvesting of wild crops in a manner that
is not injurious to natural reproduction of such crops and provided the harvesting does not require
killing the plant, tilling of soil, planting of crops, or alteration of a 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) 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.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.230 ‐ Compliance.
All land uses or development applications shall be reviewed to determine whether an environmentally
critical area exists on the property for which the application is filed, what the action's impacts to any existing
environmentally critical area would be, and what actions are required for compliance with this chapter. No
construction activity, including land clearing or grading, shall be permitted until the information required by
this section is reviewed and the city approves a plan.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.240 ‐ Classification as an environmentally critical area.
Criteria for classification as an environmentally critical area will be listed under the pertinent sections
of this chapter.
(Ord. No. 2011-029, § 1, 12-5-2011)
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20.93.250 ‐ Procedures.
The city of Arlington shall not grant any approval or permission to conduct development or use in an
environmentally critical area prior to the applicant's fulfillment of the requirements of this chapter. The
community development director is authorized to adopt administrative procedures for the purpose of
carrying out the provisions of this chapter.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.260 ‐ Submittal requirements.
To enable the city to determine compliance with this chapter, at the time of application submittal the
applicant shall file a SEPA environmental checklist (if use is subject to SEPA), site/resource specific reports
as specified in Section 20.93.270 (General Provisions—Site/Resource Specific Reports), and any other
pertinent information requested by the department of community development. The community
development director may waive any of these submittal requirements if it is deemed unnecessary to make
a compliance determination.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.270 ‐ Site/resource specific reports.
Unless waived per Section 20.93.260 (General Provisions—Submittal Requirements), all applications
for land use or development permits proposed on properties containing or adjacent to environmentally
critical areas or their defined buffers (see section specific requirements) shall include site/resource specific
reports prepared to describe the environmental limitations of the site. These reports shall conform in format
and content to guidelines prepared by the department of community development, which is hereby
authorized to do so.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.280 ‐ Maps and inventory.
The approximate location and extent of environmentally critical areas in the city are displayed on
various inventory maps available at the department of community development. More data will be included
as inventories are completed in compliance with the requirements of the growth management act. Maps
and inventory lists are guides to the general location and extent of environmentally critical areas.
Environmentally critical areas not shown are presumed to exist in the city and are protected under all the
provisions of this chapter. The shoreline jurisdiction areas are identified in the adopted shoreline maps
(AMC 20.93.970). In the event that any of the designations shown on the maps or inventory lists conflict
with the criteria set forth in this chapter, the criteria and site specific conditions shall control.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.290 ‐ Dedication of environmentally critical area easements.
(a) In order to protect environmentally critical areas, environmentally critical area easements or tracts,
where proposed as mitigation, shall be marked as such and dedicated to the city and recorded with
Snohomish County. Appropriate demarcation methods shall be as set forth in the public works
construction standards and specifications, and include appropriate permanent fencing and signage
unless otherwise determined by the natural resources manager. Fencing or demarcation method must
be built of materials that are permanent in nature. Fencing may not be required if the site is a know
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migration route for wildlife and due to other constraints such as roadways or buildings a fence would
prevent migration of those species. Alternative methods of demarcation will be required to replace
signage when determined that effectiveness of signage may be limited.
(b) Anyone may offer to dedicate an environmentally critical area easement or tract and its buffer to the
city even if not proposed as mitigation.
(c) Such easements or tracts shall cover the environmentally critical area as delineated by their defined
boundaries and their buffers.
(d) The basic controlling language for such easements shall be as follows, though site/resource specific
modifications may be made:
"Critical Area Protection Easement: This open space tract is intended to protect insert ECA type and native
vegetation and shall preclude: grading or any recontouring of the land; placement of structures, wells, leach
fields, utility lines and/or easements, and any other thing; vehicle activity; grazing; dumping; and the addition
or removal of vegetation, except pursuant to an approved restoration plan, and except that vegetation may
be selectively removed and/or pervious trails and/or utility lines compatible with native tree and shrub
vegetation may be placed in the buffer areas in locations approved by the Director of Planning and
Community Development."
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.300 ‐ Dedication of land and/or easements in lieu of required parks or open space.
The dedication of environmentally critical areas and their buffers may not be used for satisfying the
park or open space requirements of AMC Chapter 20.52 (Recreational Facilities and Open Space).
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.310 ‐ Increased buffer widths.
The permit-issuing authority shall require increased standard buffer zone widths on a case-by-case
basis when a larger buffer is necessary to protect environmentally critical area functions and values based
on local conditions. This determination shall be supported by appropriate documentation showing that it is
reasonably related to protection of the functions and values of the regulated environmentally critical area.
Such determination shall be attached as a permit condition and shall demonstrate that:
(1) A larger buffer is necessary to maintain viable populations of existing species; or
(2) The environmentally critical area is used by species proposed or listed by the federal government
or the state as endangered, threatened, sensitive, candidate, or monitor, critical or outstanding
potential habitat for those species or has unusual nesting or resting sites such as heron rookeries
or raptor nesting trees; or
(3) The adjacent land has minimal vegetative cover or slopes greater than fifteen percent and is
therefore susceptible to severe erosion, and erosion control measures will not effectively prevent
adverse environmentally critical area impacts.
(4) The recommended widths for buffers are based on the assumption that the buffer is vegetated
with a native plant community appropriate for the ecoregion or with one that performs similar
functions. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive
species that do not perform needed functions, the buffer should either be planted to create the
appropriate plant community or the buffer should be widened to ensure that adequate functions
of the buffer are provided. Generally, improving the vegetation will be more effective than
widening the buffer.
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(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.320 ‐ Buffer width averaging.
Buffer widths may be modified by averaging. In no instance shall the buffer width be reduced by more
than twenty-five percent of the standard buffer unless specifically identified in other sections of this chapter.
Buffer width averaging shall be allowed only where the applicant demonstrates all of the following:
(1) That averaging is necessary to avoid an extraordinary hardship to the applicant caused by
circumstances peculiar to the property or that there would be a benefit to the environmentally
critical area;
(2) That the least impactive aspects of the proposed land use would be located adjacent to areas
where the buffer width is reduced;
(3) That width averaging will not adversely impact the environmentally critical area functional values;
and
(4) That the total area contained within the buffer after averaging is no less than that contained within
the standard buffer prior to averaging.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.330 ‐ Buffers to be retained in natural condition.
Except as otherwise specified, all buffers shall be retained in their natural condition. Where buffer
disturbance may or has occurred during construction, revegetation with native vegetation will be required.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.340 ‐ Building setbacks from buffers.
A building setback of fifteen feet is required from the edge of any critical area buffer, as defined in
subsequent sections of this chapter. Minor structural intrusions into the area of the building setback may
be allowed if the permit-issuing authority determines that such intrusions will not negatively impact the
environmentally critical area or cause the buffer vegetation to be trimmed or removed. The setback shall
be identified on the site plan.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.360 ‐ Reserved.
20.93.370 ‐ Non‐conforming activities.
Except for cases of discontinuance as part of normal agricultural practices, non-conforming uses shall
be governed by Part VI of this chapter and AMC Chapter 20.32 (Nonconforming Situations).
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.380 ‐ Assessment relief.
The Snohomish County Assessor's office considers environmentally critical area regulations in
determining the fair market value of land. Any owner of an undeveloped critical area who has dedicated an
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easement or entered into a perpetual conservation restriction with the city of Arlington or a qualified
nonprofit organization to permanently control some or all regulated activities in that portion of land assessed
consistent with these restrictions shall be considered for exemption from special assessments to defray the
cost of municipal improvements such as sanitary sewers, storm sewers, and water mains.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.390 ‐ Mitigation plan requirements.
In the event that mitigation is required, the applicant shall be required to provide a mitigation plan for
approval by the community development director. The plan shall provide information on land acquisition,
construction, maintenance and monitoring of the replaced critical area. All mitigation plans shall include the
following submitted by the applicant or a qualified biologist, civil or geotechnical engineer:
(1) Specific goals and objectives describing site function, target species and selection criteria;
(2) Performance standards that shall include criteria for assessing goals and objectives;
(3) Contingency plans that clearly define course of action or corrective measures needed if
performance standards are not met;
(4) A legal description and a survey prepared by a licensed surveyor of the proposed development
site and location of the critical area(s) on the site;
(5) The need for performance or maintenance securities.
(6) A scaled plot plan that indicates the proposed construction in relation to zoning setback
requirements and sequence of construction location in relation to zoning setback requirements
and sequence of construction phases including cross-sectional details, topographic survey data
(including percent slope, existing and finished grade elevations) and other technical information
as required in sufficient detail to explain, illustrate and provide for:
(A) Soil and substrate conditions, topographic elevations, scope of grading and excavation
proposal, erosion and sediment treatment and source controls needed for critical area
construction and maintenance;
(B) Planting plans specifying plant species, types, quantities, location, size spacing, or density.
The planting season or timing, watering schedule, and nutrient requirements for planting,
and where appropriate, measures to protect plants from destruction; and
(C) Contingency or mid-course corrections plan and a minimum five-year monitoring and
replacement plan establishing responsibility for removal of exotic and nuisance vegetation
and permanent establishment of the critical area and all component parts.
(7) A clearly defined approach to assess progress of the project.
(8) The plan must indicate ownership, size, type, and complete ecological assessment including flora,
fauna, hydrology, functions, etc., of the critical area being restored or created; and
(9) The plan must also provide information on the natural suitability of the proposed site for
establishing the replaced critical area, including water source and drainage patterns, topographic
position, wildlife habitat opportunities, value of existing area to be converted, etc.
(10) Once the plan is implemented, as-builts shall also be submitted pursuant to department of public
works requirements.
(Ord. No. 2011-029, § 1, 12-5-2011)
Part IV. ‐ Fish and Wildlife Conservation Areas
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20.93.400 ‐ Classification.
Fish and wildlife conservation areas include:
(1) Lands containing priority habitats and species, including plant and/or animal species listed on
federal or state threatened or endangered species lists.
(2) Ponds and their submerged aquatic beds that provide fish or wildlife habitat.
(A) "Type S" waters of the state as defined in WAC 222-16-030, which includes all waters, within
their ordinary high-water mark, as inventoried as "shorelines of the state" under Chapter
90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW, but not including
those waters' associated wetlands as defined in Chapter 90.58 RCW.
(3) Segments of natural waters and periodically inundated areas of their associated wetlands that
are used by salmonids for off-channel habitat. These areas are critical to the maintenance of
optimum survival of juvenile salmonids. This habitat shall be identified based on the following
criteria:
(A) The site must be connected to a stream bearing salmonids and accessible during some
period of the year; and
(B) The off-channel water must be accessible to juvenile salmonids through drainage with less
than a five percent gradient.
(4) Lakes, ponds, and streams planted with game fish (defined at RCW 77.09.020), including those
planted under the auspices of a federal, state, local, or tribal programs, or which support priority
fish species as identified by the department of fish and wildlife.
(5) State natural area preserves and natural resource conservation areas.
(6) Habitats or species of local importance. Such habitats or species may be locally listed per the
process elucidated in Section 20.93.420 (Species/habitats of local importance).
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.410 ‐ Determination of boundary.
The community development director shall determine the boundaries of fish and wildlife conservation
areas. In doing so he may rely on information from qualified federal, state, county, or tribal agencies or on
a biological resources survey prepared by a qualified wildlife biologist per the department's biological
resources survey guidelines. Such reports or information may be required to be provided by an applicant
for an activity or permit at the request of the city. In the location of shoreline jurisdiction the adopted
Shoreline designation maps establish the boundary. When a project is at or below OHWM and within
shoreline setbacks, the OHWM shall be determined by a site-specific investigation using field indicators.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.420 ‐ Species/habitats of local importance.
(a) Species or habitats may be listed as a species or habitat of local importance by the city council
according to the following process:
(1) An individual or organization must:
(A) Demonstrate a need for special consideration based on:
Commented [GD(3]: We recommend consulting with the
Washington Department of Fish and Wildlife on this.
Commented [CY4]: Unsure if this section is
required/necessary
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(i) Declining populations,
(ii) Sensitivity to habitat manipulation; or
(iii) Commercial or game value, or other special value, such as flood refugia or public
appeal.
(B) Propose relevant management strategies considered effective and within the scope of this
chapter.
(C) Provide species habitat location(s) on a map.
(2) Submitted proposals will be reviewed by the community development director and forwarded to
the departments of fish and wildlife and natural resources, and/or other local, state, federal, or
tribal agencies or experts for comment and recommendation regarding accuracy of data and
effectiveness of proposed management strategies.
(3) The city council will hold a public hearing for proposals found to be complete, accurate, potentially
effective, and within the scope of this chapter. Approved nominations will become designated a
"species or habitat of local importance" and will be subject to the provisions of this chapter.
(b) Species or habitats of local importance include:
(1) None adopted as of December 5, 2011.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.430 ‐ Allowed activities.
Except where regulated by other sections of this or any other title or law, the following uses shall be
allowed within fish and wildlife conservation areas when the requirements of Section 20.93.440 (Fish and
Wildlife Conservation Areas—Requirements) have been met and mitigation adequate to alleviate any other
impacts has been proposed:
(1) Those activities listed in Section 20.93.220 (General Provisions—Allowed activities).
(2) Activities consistent with the species located there and all applicable state and federal regulations
regarding the species, as determined by the community development director, who will consult
with other resource agencies including tribes as to their recommendations based on adopted
standards or guidance.
(3) Within the fifty-foot management zone of the buffer required pursuant to Section 20.93.440 (Fish
and Wildlife Conservation Areas—Requirements) the following uses are allowed as long as sixty-
five percent of native tree cover is established and maintained and the total effective impervious
area (TIA) remains below three percent:
(A) When the fifty-foot management zone is in an already developed state including buildings,
parking lots, lawn or ornamental landscaping stormwater management systems designed to
blend into the natural landscape allowing full mature growth of native trees and shrubs, and
provide the same or greater functional habitat that would occur in a naturally vegetated
buffer. Specifically, this does not include buried vaults, ecology block or grass-lined ponds
or swales (though ponds or swales planted with native vegetation may be allowed). Such
systems are required to provide diffuse effluent point(s) to the immediate edge of the no-
touch buffer to allow infiltration and polishing. Walkways and trails, provided that those
pathways are limited to minor crossings having no adverse impact on water quality. They
should be generally parallel to the perimeter of the wetland, located only in the outer twenty-
five percent of the wetland buffer area, and located to avoid removal of significant trees.
They should be limited to pervious surfaces no more than five feet in width for pedestrian
use only. Raised boardwalks utilizing non-treated pilings may be acceptable.
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(B) Utility easements and access routes that are built so as to not affect the lateral or vertical
hydrology of the system, and are compatible with full maturity of native tree and shrub
species.
(C) Other uses as may be approved by the city's natural resources manager as recommended
in a local, state or federal watershed management plan or low impact development
regulations.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.440 ‐ Requirements.
(a) Except as provided in subsections (b) and (c):
(1) For endangered or threatened salmonid fish and wildlife conservation areas, a one hundred fifty-
foot buffer shall be required for all regulated activities adjacent to the fish and wildlife conservation
areas. This buffer shall consist of a one hundred-foot area closest to the stream or river being
designated a native growth protection easement in which no human activities may be allowed
(except as provided by Section 20.93.430 (Fish and Wildlife Conservation Areas—Allowed
activities), and the remaining fifty-foot zone being designated a management zone, in which
vegetation may be managed solely for public health and safety reasons that may threaten
structures or public infrastructure. The natural resource may require a landowner to have an
assessment performed by a professional arborist to determine if a tree is hazardous. If found
hazardous the methods of removal will utilize options that will result in some level of habitat
function (i.e. snag, nurse log, etc). Buffers for salmonid fish and wildlife conservation areas shall
be measured pursuant to Section 20.93.730 (Streams, Creeks, Lakes, and Other Surface
Water—Requirements).
(2) For all other fish and wildlife conservation areas, the applicant shall have a habitat protection plan
prepared by a qualified biologist, in which appropriate buffers and other protection shall be
identified based on the best available science and/or standards promulgated by the state or
federal agency with jurisdiction for the identified species being protected. Buffers shall be
measured from the fish and wildlife conservation areas boundary as surveyed in the field.
(b) Buffer widths may be increased based on recommendations by the state or federal agency with
jurisdiction.
(c) Buffer widths from fish and wildlife conservation areas may be decreased in areas where specific
project recommendations can be found in Section 20.93.320 of this chapter, local watershed recovery
plans, the Shoreline Master Program has identified allowed uses, a habitat protection plan, or either a
property-specific or programmatic biological assessment showing that the proposal would have
negligible adverse impact on the protected species or habitat (with or without mitigation) has been
approved by the state or federal agency with jurisdiction. Said biological assessments would be
prepared by the applicant in a format approved by the agency with jurisdiction. The width of the buffer
would be determined through this biological assessment approval process but could in no case be
reduced to less than that required for the underlying environmentally critical areas by other sections of
this chapter.
(d) For streams upstream from an endangered or threatened salmonid fish and wildlife conservation area,
if requested by the city, applicants shall have prepared a report analyzing potential downstream
impacts to the FWCA and propose appropriate measures to mitigate any identified significant impacts.
Such reports shall be prepared by a qualified biologist.
(e) The applicant shall dedicate a functionally exclusive environmentally critical area easement for the
protection of wildlife and/or habitat over the fish and wildlife conservation areas and its buffer, as
determined above. Where such requirement leads to, or would in the opinion of the permit-issuing
authority lead to, a court finding of a taking mitigation as described in Section 20.93.450 (Fish and
Wildlife Conservation Areas—Mitigation) may be considered.
Commented [CY5]: Shouldn’t this be regulated by the
BiOp and ESA regarding CMZ and Riparian Buffer Zones and
not in a CAO ordinance?
Commented [GD(6]: We recommend consulting with the
Washington Department of Fish and Wildlife on this.
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(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.450 ‐ Mitigation.
In order to avoid significant environmental impacts and, if in the opinion of the permit-issuing authority
the requirements listed in Section 20.93.440 (Fish and Wildlife Conservation Areas—Requirements) do not
adequately mitigate impacts, the applicant for a land use activity or development permit may consider
performing the following actions, listed in order of preference. What is considered adequate mitigation will
depend on the nature and magnitude of the potential impact. Specific mitigation requirements are outlined
in the Shoreline Master Program regulations.
(1) Where on-site protection is not possible, dedicate a functionally exclusive easement for the
protection of equivalent (in type and value) wildlife and/or habitat over fish and wildlife
conservation areas and a one hundred fifty-foot buffer on off-site fish and wildlife conservation
areas at a minimum two to one ratio (two offsite areas for every one onsite area impacted) on
property that would likely not be required to dedicate such an easement were it to undergo a
permitting process. If functionally equivalent habitat is not available, then a higher ratio may be
considered to compensate. The location of any off-site fish and wildlife conservation areas shall
be located as near to the site as possible, following this preferred order:
(A) Hydrologically connected to the impacted fish and wildlife conservation areas or via an intact
habitat corridor,
(B) Elsewhere within the city,
(C) Within the Arlington UGA,
(D) Within the sub-basin, and
(E) Watershed.
(Ord. No. 2011-029, § 1, 12-5-2011)
Part V. ‐ Frequently Flooded Areas
20.93.500 ‐ Classification.
Classification for flood zones shall be consistent with the one hundred-year floodway and floodplain
designations as adopted by the city, or where the city has not adopted such a designation, by the one
hundred-year flood zone designation of the Federal Emergency Management Agency and the National
Flood Insurance Program. Any such designations adopted by the city shall consider the following criteria if
and when designating and classifying these areas:
(1) Flooding impact to human health, safety, and welfare and to public facilities and services; and,
(2) Documentation including federal, state and local laws, regulations and programs, local maps and
federally subsidized flood insurance programs; and,
(3) The future floodplain defined as a channel of the stream and that portion of the adjoining floodplain
which is necessary to contain and discharge the base flood flow at build-out without any
measurable increase in flood heights.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.510 ‐ Determination of boundary.
Commented [CY7]: Part V is part of our Floodplain
Ordinance, Section 20.64. so is it required in our CAO as
well?
Commented [GD(8]: I agree that Chapter 20.64 is the
more appropriate place for these regulation’s.
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The boundary of a flood zone shall be contiguous with the one hundred-year floodway and floodplain
designations as adopted by the city, or where such a designation has not been adopted by the city, the one
hundred-year floodplain designation of the Federal Emergency Management Agency (FEMA) and the
National Flood Insurance Program where it has been delineated (shown on flood insurance rate maps
(FIRM). Where this information does not exist, the boundary determination shall be made by a licensed
engineer and based upon the same criteria used by FEMA including the consideration of the channel
migration zone. The floodplain administrator shall confirm this determination.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.520 ‐ Allowed activities.
Except where regulated by other sections of this or any other title or law, the following uses shall be
allowed within floodways or floodplains when the requirements of Section 20.93.530 (Frequently Flooded
Areas—Requirements) have been met and mitigation adequate to alleviate any other impacts has been
proposed:
(1) Floodways.
(A) Those activities allowed per the Shoreline Master Program regulations and Section
20.93.220 (General Provisions—Allowed activities).
(B) Outdoor recreational activities (including fishing, bird watching, hiking, boating, swimming,
canoeing, bicycling, etc.) and aquatic recreation facilities authorized by this Chapter 20.93.
(C) Those uses allowed by Section 20.64.150 (Permissible uses within floodways).
(2) Floodplains.
(A) All those activities allowed in floodways,
(B) Recreational fields,
(C) Those uses allowed by and consistent with the regulations of Chapter 20.64 (Floodways,
Floodplains, Drainage, and Erosion).
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.530 ‐ Requirements.
All land uses and development proposals shall comply with the regulations for general and specific
flood hazard protection (see Chapter 20.64). Development shall not reduce the effective base flood storage
volume. Reduction of the floodwater storage volume effectiveness due to grading, construction, or other
regulated activities shall be compensated for by creating on- or off-site detention and/or retention ponds.
Effective storage capacity must be maintained.
When new flood storage is being constructed to mitigate for loss of flood storage area that is in the
floodplain but not vegetated and not used as salmon habitat the effective storage must be constructed in a
manner that will not cause stranding of fish. When new flood storage is being constructed to mitigate for
loss of flood storage in an area with existing native vegetation and used by salmon for habitat it must be
revegetated with native plants and graded to prevent stranding.
Base flood data and flood hazard notes shall be on the face of any recorded plat or site plan including,
but not limited to, base flood elevations, flood protection elevation, boundary of floodplain and zero rise
floodway.
(Ord. No. 2011-029, § 1, 12-5-2011; Ord. No. 2014-005, § 3, 6-16-2014)
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20.93.540 ‐ Mitigation.
If potential flooding impacts cannot be avoided by design or by providing on- or off-site detention and/or
retention ponds, other forms of mitigation may be considered in order to avoid significant environmental
impacts. Applicants must provide mitigation plans exploring and analyzing any proposed mitigation
measures, which must be consistent with the Shoreline Master Program and the regulations of AMC
Chapter 20.64 (Floodways, Floodplains, Drainage, and Erosion).
(Ord. No. 2011-029, § 1, 12-5-2011)
Part VI. ‐ Geologically Hazardous Areas
20.93.600 ‐ Classification.
(a) Geologically hazardous areas include areas susceptible to erosion, sliding, earthquakes, liquefaction,
or other geological events. Geologically hazardous areas shall be classified based upon the history or
existence of landslides, unstable soils, steep slopes, high erosion potential or seismic hazards. In
determining the significance of a geologically hazardous area the following criteria shall be used:
(1) Potential economic, health, safety, and environmental impact related to construction in the area;
(2) Soil type, slope, vegetative cover, and climate of the area;
(3) Available documentation of history of soil movement, the presence of mass wastage, debris flow,
rapid stream incision, stream bank erosion or undercutting by wave action, or the presence of an
alluvial fan which may be subject to inundation, debris flows, or deposition of stream-transported
sediments.
(b) The different types of geologically hazardous areas are defined as follows:
(1) Erosion hazard areas are as defined by the USDA Soil Conservation Service, United States
Geologic Survey, or by the Department of Ecology Coastal Zone Atlas. The following classes are
high erosion hazard areas.
(A) Class 3, class U (unstable) includes severe erosion hazards and rapid surface runoff areas;
(B) Class 4, class UOS (unstable old slides) includes areas having severe limitations due to
slope; and,
(C) Class 5, class URS (unstable recent slides).
(2) Landslide hazard areas shall include areas subject to severe risk of landslide based on a
combination of geologic, topographic and hydrologic factors. Some of these areas may be
identified in the Department of Ecology Coastal Zone Atlas, or through site-specific criteria.
Landslide hazard areas include any of the following:
(A) Areas characterized by slopes greater than fifteen percent and impermeable soils (typically
silt and clay) frequently interbedded with permeable granular soils (predominantly sand and
gravel) or impermeable soils overlain with permeable soils or springs or groundwater
seepage;
(B) Any area that has exhibited movement during the Holocene epoch (from ten thousand years
ago to present) or which is underlain by mass wastage debris of that epoch;
(C) Any area potentially unstable due to rapid stream incision, stream bank erosion or
undercutting by wave action;
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(D) Any area located on an alluvial fan presently subject to or potentially subject to inundation
by debris flows or deposition of steam-transported sediments;
(E) Any area with a slope of thirty-three percent or greater and with a vertical relief of ten or more
feet except areas composed of consolidated rock;
(F) Any area with slope defined by the United States Department of Agriculture Soil
Conservation Service as having a severe limitation for building site development; and
(G) Any shoreline designated or mapped as class U, UOS, or URS by the Department of Ecology
Coastal Zone Atlas.
(3) Slopes.
(A) Moderate slopes shall include any slope greater than or equal to fifteen percent and less
than thirty-three percent.
(B) Steep slopes shall include any slope greater than or equal to thirty-three percent.
(4) Seismic hazard areas shall include areas subject to severe risk of earthquake damage as a result
of seismic induced settlement, shaking, slope failure or soil liquefaction. These conditions occur
in areas underlain by cohesion less soils of low density usually in association with a shallow
groundwater table.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.610 ‐ Determination of boundary.
The community development director, relying on a geotechnical or similar technical report and other
information where available and pertinent, shall make determination of a boundary of a geologically
hazardous area. Such reports or information shall be provided by an applicant for an activity or permit at
the request of the city.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.620 ‐ Allowed activities.
Except where regulated by other sections of this or any other title or law, the following uses shall be
allowed within geologically hazardous areas when the requirements of Section 20.93.630 (Geologically
Hazardous Areas—Requirements) have been met and mitigation adequate to alleviate any other impacts
has been proposed:
(a) Those activities allowed per Section 20.93.220 (General Provisions—Allowed activities).
(b) Any other use allowed per the zone, and Shoreline Master Program, provided that it meets the
requirements of Section 20.93.630 (Geologically Hazardous Areas—Requirements) and will not
have a detrimental impact on the health, safety, and welfare of the public, or will not negatively
impact neighboring properties.
(c) Recontouring of land to eliminate geologically hazardous areas, including steep slopes, is
expressly prohibited unless otherwise approved through the land use permit process (not the
construction plan review process). The permit issuing authority may approve recontouring to
eliminate geological hazardous areas only upon finding that such action would serve the health,
safety, and welfare of the general public and not just a particular development proposal.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.630 ‐ Requirements.
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(a) Erosion hazard areas. All development proposals on sites containing erosion hazard areas shall
comply with the following requirements:
(1) Erosion control plan. The applicant shall submit an erosion control plan prior to the approval of
any permit. Plans shall be consistent with the guidelines set forth in the Uniform International
Building Code (U IBC) grading section and the department of public works' construction standards
and specifications.
(2) Alteration. All authorized clearing for roads, utilities, etc., shall be limited to the minimum
necessary to accomplish the engineering design. Alterations of erosion hazard sites shall meet
the requirements of AMC Chapter 20.44, Part II (Land Clearing, Grading, Filling, and Excavation).
(b) Landslide hazard areas. All development proposals on sites containing landslide hazard areas shall
comply with the following requirements:
(1) Alterations. Landslide hazard areas located on slopes thirty-three percent or greater shall be
altered only as allowed under standards for steep slopes set forth in this section. Landslide hazard
areas and land adjacent to such a hazard area located on slopes less than thirty-three percent
may be altered if:
(A) The proposal will not increase surface water discharge or sedimentation and will not
decrease adjacent property slope stability; and
(B) It can be demonstrated through geotechnical analysis that there is no significant risk to the
development proposal or adjacent properties or that the proposal can be designed so that
the landslide hazard is significantly eliminated or mitigated such that the site and adjacent
property are rendered as safe as an area without landslide hazards.
(2) Buffers. Unless the alteration is approved under the provisions in subsection (1) (Alterations), a
minimum buffer of fifty feet shall be provided from the edges of all landslide hazard areas
regardless of slope. The buffer may be extended beyond these limits to mitigate erosion hazards.
(3) Building setback lines. All buildings are required to be set back a minimum of fifteen feet from the
buffer or landslide hazard area.
(c) Slopes. Grading, vegetation removal, and other site disturbances on slopes can lead to erosion or
landslides. If the amount of the slope disturbed is decreased, then the risk of erosion and landslides
decreases. The risk is also less on slopes that are less steep. Therefore, all site disturbances on
moderate and steep slopes and their buffers shall be reviewed and certain standards are required to
be met depending on the percent of slope.
(1) The maximum slope and buffer disturbance allowed, unless restricted for other reasons, is:
Table 20.93‐2: Slope Disturbance Allowed
Slope Disturbance Allowed
1—14% 100%
15—24% 60%
25—32% 45%
33% or greater 0%
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(2) Development on moderate and steep slopes shall meet the following standards:
(A) Development must be located to minimize disturbance and removal of vegetation and also
to protect most critical areas and retain open space.
(B) Structures must be located or clustered where possible to reduce disturbance and maintain
natural topographic character.
(C) Grading shall be minimized;
(D) Structures should conform to the natural contour of the slope, with foundations tiered where
possible to conform to existing topography of site.
(E) Natural surface or sub-surface drainage courses shall be preserved.
(F) All development proposals shall be designed to minimize the footprint of building and other
disturbed areas. Common access drives and utility corridors are encouraged.
(G) All development shall be designed to minimize impervious lot coverage and should
incorporate under- or over-structure parking and multi-level structures.
(H) Roads, walkways and parking areas should be designed to parallel the natural contours.
(I) Access shall be in the least critical area of the site.
(3) Additional standards for steep slopes: All proposed development on steep slopes shall be avoided
if possible. Alterations are allowed in only the following instances provided that the standards in
subsections (1) and (2), can be met; and, where it has been demonstrated through a soils report
prepared by a geotechnical engineer that no adverse impact will result from the proposal and
where approved surface water conveyance will result in minimum slope and vegetation
disturbance:
(A) The construction of approved public or private trails provided they are constructed in a
manner that is not detrimental to surface water runoff control (e.g., cable lift access); and
(B) The construction of public or private utility corridors in accordance with Chapter 20.93
regulations provided it has been demonstrated that such alterations will not increase
landslide or erosion risks.
(4) In all other cases, no disturbance is allowed on a steep slope and a minimum fifteens-foot
vegetated buffer shall be established from the top, toe and along all sides of the slope. The buffer
may be extended beyond these limits on a case-by-case basis to mitigate landslide and erosion
hazards.
(d) Seismic hazard areas. Standards for development in seismic hazard areas shall be in accordance with
the provisions in the IBC, as adopted by the cCity of Arlington.
(e) For all geological hazardous areas on which development is not permitted by the above regulations,
the applicant shall dedicate to the city an exclusive environmentally critical area easement for the
protection of geological hazardous areas over the environmentally critical area and a buffer consistent
with the standards listed above.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.640 ‐ Mitigation.
If potential geologic impacts cannot be avoided by adhering to the above requirements, other forms of
mitigation may be considered. Applicants must provide mitigation plans exploring and analyzing any
proposed mitigation measures. What is considered adequate mitigation will depend on the nature and
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magnitude of the potential impact. to the Shoreline and an ecological function. For example, some potential
risk due to construction in geologically hazardous areas may be reduced through retention of existing
vegetation.
(Ord. No. 2011-029, § 1, 12-5-2011)
Part VII. ‐ Streams, Creeks, Rivers, Lakes and Other Surface Water
20.93.700 ‐ Classification.
(a) The city hereby adopts the stream classification system of the state, as specified in WAC 222-16-030,
as may be amended. Briefly, these are as follows (see WAC 222-16-030 for complete definitions of
types):
(1) Type S water means all the waters, within their ordinary high-water mark, as inventoried as
"shorelines of the state" under Chapter 90.58 RCW and the rules promulgated pursuant to
Chapter 90.58 RCW, but not including those waters' associated wetlands as defined in Chapter
90.58 RCW.
(2) Type F-ESA water means all the waters meeting the criteria of Type F stream, but has been
identified as having presumed use by ESA listed fish species.
(b) "Type F water" shall mean segments of natural waters that are not classified as Type 1 water and have
a substantial fish, wildlife, or human use. These are segments of natural waters and periodically
inundated areas of their associated wetlands, which:
(1) Are diverted for domestic use by more than one hundred residential or camping units or by a
public accommodation facility licensed by the state to serve more than one hundred persons,
where such diversion is determined by the Washington State Department of Ecology to be a valid
appropriation of water and the only practical water source for such users. Such waters shall be
considered to be Type 2 water upstream from the point of such diversion for one thousand five
hundred feet or until the drainage area is reduced by fifty percent, whichever is less;
(2) Are within a federal, state, local, or private campground having more than thirty camping units:
Provided, that the water shall not be considered to enter a campground until it reaches the
boundary of the park lands available for public use and comes within one hundred feet of a
camping unit, trail or other park improvement;
(3) Are used by substantial numbers of anadromous or resident game fish for spawning, rearing or
migration. Waters having the following characteristics are presumed to have highly significant fish
populations:
(A) Stream segments having a defined channel twenty feet or greater in width between the
ordinary high-water marks and having a gradient of less than four percent.
(B) Lakes, ponds, or impoundments having a surface area of one acre or greater at seasonal
low water; or
(4) Are used by salmonids for off-channel habitat. These areas are critical to the maintenance of
optimum survival of juvenile salmonids. This habitat shall be identified based on the following
criteria:
(A) The site must be connected to a stream bearing salmonids and accessible during some
period of the year; and
(B) The off-channel water must be accessible to juvenile salmonids through drainage with less
than a five percent gradient.
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(C) Ponds or impoundments having a surface area of less than one-half acre at seasonal low
water and having an outlet to an anadromous fish stream.
(5) Are highly significant for protection of downstream water quality. Tributaries which contribute
greater than twenty percent of the flow to a Type S or F water are presumed to be significant for
one thousand five hundred feet from their confluence with the Type S or F water or until their
drainage area is less than fifty percent of their drainage area at the point of confluence, whichever
is less.
(c) Type Np water. Segments of natural waters within the bankfull width of defined channels that are
perennial nonfish habitat streams. Perennial streams are waters that do not go dry any time of the
year of normal rainfall. However, for the purpose of water typing, Type Np waters include the
intermittent dry portions of the perennial channel below the uppermost point of perennial flow. Np
waters begin downstream of the point along the channel where the contributing basin area is at least
fifty-two acres in size.
(d) Type Ns water shall be segments of natural waters within the bankfull width of the defined channels
that are not Type S, F, or Np waters. These are seasonal, nonfish habitat streams in which surface
flow is not present for at least some portion of a year of normal rainfall and are not located downstream
from any stream reach that is a Type Np water. Ns waters must be physically connected by an above-
ground channel system to Type S, F, or Np waters.
(e) Non-natural water course means constructed vegetated swales and ditches that are designed and
installed for the express purpose of periodically moving storm water not associated with naturally
occurring streams.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.710 ‐ Determination of boundary.
The community development director, relying on delineation by a licensed engineer or other
comparable expert, shall determine the boundary of the creek, stream, river, lake, or other surface water.
For ravines with banks greater than ten feet in depth the boundary shall be contiguous with the top of the
bank. Where there is no ravine or the bank is less than ten feet in depth, the boundary shall be contiguous
with the ordinary high water mark. In case of disagreement as to its location, the ultimate decision on the
OHWM shall rest with ecology.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.720 ‐ Allowed activities.
Except where regulated by other sections of this, Shoreline Master Program or any other title or law
(e.g., see Part IV of this chapter, Fish and Wildlife Conservation Areas), the following uses shall be allowed
within streams, creeks, rivers, lakes, and other surface waters when the requirements of Section 20.93.730
(Streams, Creeks, Rivers, Lakes and Other Surface Water—Requirements) have been met and mitigation
adequate to alleviate any other impacts has been proposed:
(1) Those activities allowed under Section 20.93.220 (General Provisions—Allowed activities).
(2) Bridges and other crossings for public and private rights-of-way where no other feasible means
on ingress and egress to a parcel is available.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.730 ‐ Requirements.
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(a) To retain the natural functions of streams and stream corridors, and unless modified by Part IV (Fish
and Wildlife Habitat), the streamside buffers listed in Table 20.93-3: Non-ESA Stream Buffer Width
shall be maintained on both sides of the environmentally critical area. All existing native vegetation
within these buffers shall be preserved. (Note also that buffer averaging may be allowed pursuant to
Section 20.93.320 (General Provisions—Buffer width averaging.)
(b) To protect the natural functions and aesthetic qualities of a stream and stream buffer, a detailed
temporary erosion control plan that identifies the specific mitigating measures to be implemented
during construction to protect the water from vegetation removal, erosion, siltation, landslides and
hazardous construction materials shall be required. The city of Arlington shall review and approve the
plan with the appropriate state, federal and tribal agencies, and any adjacent jurisdiction.
(c) In accordance with the Shoreline Master Plan the buffer set-back in the Historic Shoreline Business
District is thirty feet landward from the OHWM or top of slope whichever is most protective of the
shoreline, and those activities that are allowed under AMC 20.64 Floodplains.
Table 20.93‐3: Non‐ESA Stream Buffer Width Stream
Type Standard Buffer
S 150 feet
F‐ESA 150 feet
F 100 feet
Np 50 feet
Ns 50 feet
Non‐natural None
(d) The applicant shall dedicate to the city an exclusive environmentally critical area easement for the
protection of creeks, streams, rivers, lakes, or other surface water over the environmentally critical
area and a buffer consistent with the standards listed in subsection (a).
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.740 ‐ Mitigation.
(a) In order to avoid significant environmental impacts for those activities not regulated by the Shoreline
Master Program and allowed pursuant to Section 20.93.720 (Streams, Creeks, Rivers, Lakes and
Other Surface Water—Allowed activities), the applicant for a land use or development permit will select
one or more of the following mitigation action, listed in order of preference. What is considered
adequate mitigation will depend on the nature and magnitude of the potential impact.
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(1) On-site environmentally critical area restoration/improvement—Restoration or improvement in
functional value of degraded on-site waterways and/or their buffers at a two to one ratio (two
square feet for every one square foot impacted).
(2) On-site ECA/Creation—Creation of on-site waterways and their buffers at a two to one ratio (two
square feet for every one square foot impacted).
(3) On-site ECA buffer restoration—Restoration or improvement in functional value of degraded on-
site waterway buffers at a ratio of six to one.
(b) All ECA restoration, creation and/or enhancement projects required pursuant to this chapter either as
a permit condition or as the result of an enforcement action shall follow a mitigation plan prepared in
conformance to the requirements of Section 20.93.390 (Mitigation plan requirements).
(Ord. No. 2011-029, § 1, 12-5-2011)
Part VIII. ‐ Wetlands
20.93.800 ‐ Classification.
(a) Wetlands shall be rated according to the Washington State wetland rating system for; Washington
State Wetland Rating System for Western Washington—Revised, Ecology Publication #04 14-06-025)
029 or as revised by ecology Ecology. Wetland rating categories shall be applied as the wetland exists
at the time of the adoption of this title or as it exists at the time of an associated permit application.
Wetland rating categories shall not change due to illegal modifications. Wetlands identified as having
local significance in hydrologic and habitat functions may be rated higher based on importance.
(b) Wetland types.
(1) Category I. Category I wetlands are:
(A) Relatively undisturbed estuarine wetlands larger than one acre;
(B) Wetlands that are identified by scientists of the Washington Natural Heritage Program/DNR
as high quality wetlands of high conservation value;
(C) Bogs;
(D) Mature and old-growth forested wetlands larger than one acre;
(E) Wetlands in coastal lagoons; or
(F) Wetlands that perform many functions well and score seventy 23 or above.
Category I wetlands represent a unique or rare wetland type, are more sensitive to disturbance than
most wetlands, are relatively undisturbed and contain some ecological attributes that are impossible to
replace within a human lifetime, or provide a very high level of functions.
(2) Category II. Category II wetlands are:
(A) Estuarine wetlands smaller than one acre, or disturbed estuarine wetlands larger than one
acre;
(B) A wetland identified by the Washington State Department of Natural Resources as
containing "sensitive" plant species;
(C) A bog between one-fourth; and one-half; acre in size;
(D) An interdunal wetland larger than one acre; or
(E) Wetlands with a moderately high level of functions;
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(F) Wetland scoring between fifty-one 20 and sixty-nine 22 points;
(G) Wetlands identified as having local significance in reducing flooding or providing habitat.
Category II wetlands are difficult, though not impossible, to replace, and provide high levels of some
functions. These wetlands occur more commonly than Category I wetlands, but they still need a relatively
high level of protection.
(3) Category III. Category III wetlands are:
(A) Wetlands with a moderate level of functions scoring between thirty 16 and fifty 19 points; or
that can be adequately replaced with a well-planned mitigation project.
(B) Interdunal wetlands between 0.1 and one acre in size.
Generally, wetlands in this category may have been disturbed in some way and are often less diverse
or more isolated from other natural resources in the landscape than Category II wetlands.
(4) Category IV. Category IV wetlands have the lowest levels of functions scoring less than thirty 16
points and are often heavily disturbed. These are wetlands that should be replaceable, and in
some cases may be improved. However, experience has shown that replacement cannot be
guaranteed in any specific case. These wetlands may provide some important functions and
should be protected to some degree.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.810 ‐ Determination of Boundary.
(a) The community development director, relying on a field investigation supplied by an applicant, and
applying the wetland definition provided in this chapter shall determine the location of the wetland
boundary. Qualified professional and technical scientists shall perform wetland delineations.
Identification of wetlands and delineation of their boundaries pursuant to this chapter shall be done in
accordance with the approved federal wetland delineation manual and applicable regional
supplements. All areas within the city meeting the wetland designation criteria in that procedure are
hereby designated critical areas and are subject to the provisions of this chapter. Criteria to be included
in required wetland identification reports may be found in Section 20.93.390 (Mitigation plan
requirements). The applicant is required to show the location of the wetland boundary on a scaled
drawing as a part of the permit application.
(1) Designating, defining, and identifying wetlands. Wetlands are those areas, identified in
accordance with RCW 90.58.030: "Wetlands" means areas that are inundated or saturated by
surface water or groundwater at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands
do not include those artificial wetlands intentionally created from non-wetland sites, including, but
not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created
after July 1, 1990, that were unintentionally created as a result of the construction of a road, street,
or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland
areas to mitigate the conversion of wetlands. All areas within the [city/county] meeting the criteria
in the wetland definition regardless of whether these areas have previously been identified or
mapped, are hereby designated critical areas and are subject to the provisions of this title.
(2) Mapping.
(A) The approximate location and extent of wetlands are shown on the critical area(s) maps
adopted in the city of Arlington Comprehensive Plan. Additionally, soil maps produced by
U.S. Department of Agriculture Natural Resources Conservation Service may be useful in
helping to identify potential wetland areas. These maps are to be used as a guide for the
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city, project applicants, and/or property owners to identify potential wetland areas that may
be subject to the provisions of this title.
(B) It is the actual presence of wetlands on a parcel, as delineated by the requirements of the
methods in the approved federal wetland delineation manual and applicable regional
supplements in accordance with WAC 173-22-035, that establishes duties under this
chapter. The exact location of a wetland's boundary shall be determined through the
performance of a field delineation by a qualified wetlands professional, applying the
approved federal wetland delineation manual and applicable regional supplements in
accordance with WAC 173-22-035.
(b) Where the applicant has provided a delineation of the wetland boundary, the community development
director shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the
event the applicant contests the adjusted boundary delineation, the community development director
shall, at the applicant's expense, obtain expert services to render a final delineation.
(c) When agreed to by the applicant, the community development director may waive the requirement that
the applicant provide the delineation of boundary and rely on staff delineation. The community
development director shall consult with qualified professional scientists and technical experts or other
experts as needed to perform the delineation. The applicant will be charged for the costs incurred.
Where the community development director performs a wetland delineation at the request of the
applicant, such delineation shall be considered a final determination.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.820 ‐ Allowed activities.
Except where regulated by other sections of this, Shoreline Master Program or any other title or law,
and provided they are conducted using best management practices, the following uses shall be allowed
within wetlands and their buffers when the requirements of Sections 20.93.830 (Wetlands—Requirements)
and 20.93.840 (Wetlands—Mitigation) have been met, state and federal approvals have been granted when
required, and mitigation adequate to alleviate any other impacts has been proposed:
Generally uses will be required to avoid and minimize impacts, and compensate for the impact that
may reduce the functions of the wetland or its buffers:
(1) Those uses listed in Section 20.93.220 (General Provisions—Allowed activities).
(2) In Class III and Class IV wetlands only, access to developable portions of legal lots where:
(A) There is no other feasible method of accessing the property,
(B) Altering the terrain would not cause drainage impacts to neighboring properties, and
(C) Not more than two thousand five hundred square feet of wetland is impacted, and mitigated.
(3) Permitted uses in a wetland buffer—Regulated activities shall not be allowed in a buffer except
for the following:
(A) Activities having minimal adverse impacts on buffers and no adverse impacts on regulated
wetlands. These may include low intensity, passive recreational activities such as low impact
trails in the outer twenty-five percent, non-permanent wildlife watching blinds, short-term
scientific or educational activities, and sports fishing;
(B) With respect to Category III and IV wetlands, stormwater management facilities having no
reasonable alternative on-site location; or
(C) With respect to Category III and IV wetlands, development having no feasible alternative
location when the following conditions have been met: Impacts are the minimum necessary;
Buffer impacts are mitigated through buffer averaging.
Commented [GD(9]: Recommend deleting references to
SMP since this critical area ordinance should stand alone.
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(4) Those activities and uses conducted pursuant to the Washington State Forest Practices Act and
its rules and regulations, WAC 222-12-030, where state law specifically exempts local authority,
except those developments requiring local approval for Class 4—General Forest Practice Permits
(conversions) as defined in RCW 76.09 and WAC 222-12:
(A) Conservation or preservation of soil, water, vegetation, fish, shellfish, and/or other wildlife
that does not entail changing the structure or functions of the existing wetland.
(B) 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, chemical
applications, or alteration of the wetland by changing existing topography, water conditions,
or water sources.
(C) Drilling for utilities/utility corridors under a wetland, with entrance/exit portals located
completely outside of the wetland buffer, provided that the drilling does not interrupt the
ground water connection to the wetland or percolation of surface water down through the
soil column. Specific studies by a hydrologist are necessary to determine whether the ground
water connection to the wetland or percolation of surface water down through the soil column
will be disturbed.
(D) Enhancement of a wetland through the removal of non-native invasive plant species.
Removal of invasive plant species shall be restricted to hand removal unless permits from
the appropriate regulatory agencies have been obtained for approved biological or chemical
treatments. All removed plant material shall be taken away from the site and appropriately
disposed of. Plants that appear on the Washington State Noxious Weed Control Board list
of noxious weeds must be handled and disposed of according to a noxious weed control
plan appropriate to that species. Re-vegetation with appropriate native species at natural
densities is allowed in conjunction with removal of invasive plant species.
(E) Educational and scientific research activities.
(F) Normal and routine maintenance and repair of any existing public or private facilities within
an existing right-of-way, provided that the maintenance or repair does not expand the
footprint of the facility or right-of-way and impacts are mitigated.
(G) Stormwater management facilities. Stormwater management facilities are limited to
stormwater dispersion outfalls and bioswales. They may be allowed within the outer twenty-
five percent of fifty-foot management zone, whichever is most protective, of Category II, III
or IV wetlands buffers when the fifty-foot management zone is in an already developed state
including buildings, parking lots, lawn or ornamental landscaping stormwater management
systems designed to blend into the natural landscape allowing full mature growth of native
trees and shrubs, and provide the same or greater functional habitat that would occur in a
naturally vegetated buffer. Specifically, this does not include buried vaults, ecology block or
grass-lined ponds or swales (though ponds or swales planted with native vegetation may be
allowed). Such systems are required to provide diffuse effluent point(s) to the immediate
edge of the no-touch buffer to allow infiltration and polishing, provided that:
(i) No other location is feasible; and
(ii) The location of such facilities will not degrade the functions or values of the wetland;
and
(iii) Stormwater management facilities are not allowed in intact buffers of Category I
wetlands.
(H) Nonconforming uses. Repair and maintenance of nonconforming uses or structures, where
legally established within the buffer, provided they do not increase the degree of
nonconformity.
(Ord. No. 2011-029, § 1, 12-5-2011)
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20.93.830 ‐ Requirements.
(a) Buffers—ECA buffers shall be required for all regulated activities adjacent to regulated wetlands as
provided in Table 20.93-4, unless modified per subsection (b). Any wetland created, restored, or
enhanced as compensation for approved wetland alterations shall also include the standard buffer
required for the category of the created, restored, or enhanced wetland. All buffers shall be measured
from the wetland boundary as determined pursuant to Section 20.93.810 (Wetlands—Determination
of boundary). The width of the wetland buffer zone shall be determined according to wetland category
and the proposed land use. These buffers have been established to reflect the impact of land use
intensity on wetland functions and values.
(b) The standard buffer widths in Table 20.93-4 have been established in accordance with the best
available science. They are based on the category of wetland and the habitat score as determined by
a qualified wetland professional using the Washington state wetland rating system for Western
Washington.
(1) The use of the standard buffer width requires the implementation of the measures in Table 20.93-
5, where applicable, to minimize the impacts of the adjacent land uses.
(2) If an applicant chooses not to apply the mitigation measures in Table 20.93-5 or other sections of
this document, then a thirty-three percent increase in the width of all buffers is required. For
example, a seventy-five-foot buffer with the mitigation measures would be a one hundred-foot
buffer without them.
(3) The standard buffer widths assume that the buffer is vegetated with a native plant community
appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or
vegetated with invasive species that do not perform needed functions, the buffer should either be
planted to create the appropriate plant community or the buffer should be widened to ensure that
adequate functions of the buffer are provided.
(4) Additional buffer widths are added to the standard buffer widths as indicated in Table 20.93-4.
(c) The applicant shall dedicate to the city an exclusive environmentally critical area easement for the
protection of wetlands over the environmentally critical area and a buffer consistent with the standards
listed in subsection (a).
Table 20.93‐4—Wetland Buffer Requirements for Western Washington
Wetland Category
Standard
Buffer
Width
Additional bBuffer
width if wetland
wetland habitat
scores 21—25 habitat
5 points
Additional bBuffer
width if wetland
habitat scores 26—29
habitat 6‐97 points
Additional bBuffer
width if wetland
habitat scores 30—36
habitat 8‐9 points
Category I: based
on total score 75 ft Add 30 105 ft Add 90 165 ft Add 150 225ft
Category I: Bogs
and wetlands of
high conservation
value
190 ft 190 ft NA 190 ft NA Add 35 225 ft
Commented [GD(10]: The medium buffer width should
be 6‐7 points and the highest buffer width should be 8‐9
points.
Commented [CY11]: Shouldn’t this be above 9 since the
middle score is 6‐9? If a score of 8 is it 90 or 150 feet?
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Category I: Natural
Heritage Wetlands 190 ft NA NA Add 35 ft
Category I:
Forested 75 ft Add 30105 ft Add 90 165 ft Add 150 225 ft
Category II: Based
on Score 75 ft Add 30 105 ft Add 90 165 ft Add 150 225 ft
Category III: (all) 60 ft Add 45 105 ft Add 105 165 ft NA 225
Category IV: (all) 40 ft 40 ft NA 40 ft NA 40 ft NA
Table 20.93‐5. Examples of Required Measures to Minimize Impacts (This is not a complete list of
measures.)
Examples of
Disturbance
Activities and Uses
that Cause
Disturbances
Examples of Measures to Minimize Impacts
Lights
•Parking lots
•Warehouses
•Manufacturing
•Residential
•Parks
•Direct lights away from critical areas and buffers
•Day use only regulations preventing the need for lights
•Timer on lights
Noise •Manufacturing
•Residential
•Locate activity that generates noise away from wetlands
•Seasonal limitations on hours of operation
Toxic runoff*
•Parking lots
•Roads
•Manufacturing
•Residential areas
•Application of
agricultural pesticides
•Landscaping
•Route all new, untreated runoff away from wetland while
ensuring wetland is not dewatered
•Establish covenants limiting use of pesticides within 150
ft of critical area or buffer
•Apply integrated pest management
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Stormwater
runoff
•Parking lots
•Roads
•Manufacturing
•Residential areas
•Commercial
•Landscaping
•Retrofit stormwater detention and treatment for roads
and existing adjacent development
•Prevent channelized flow from lawns that directly enters
the buffer
Change in water
regime
•Impermeable
surfaces
•Lawns
•Tilling
•Forest and forest
duff removal
•Infiltrate or treat, detain, and disperse into buffer new
runoff from impervious surfaces and new lawns
•Retain minimum forest and forest duff
Pets and human
disturbance
•Residential areas
•Parks
•Use privacy fencing; plant dense vegetation to delineate
buffer edge and to discourage disturbance using
vegetation appropriate for the ecoregion; place wetland
and its buffer in a separate tract
Dust •Construction sites •Use best management practices to control dust
Disruption of
corridors or
connections
•Roads
•Residential
•Commercial
•Manufacturing
•Landscaping
•Stormwater
•Maintain connection to offsite areas that are undisturbed
•Restore corridors or connections to offsite habitats by
replanting
* These examples are not necessarily adequate for minimizing toxic runoff if threatened or endangered
species are present at the site.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.840 ‐ Mitigation.
(a) In order to avoid significant environmental impacts, the applicant for a land use or development permit
shall compensate for unavoidable wetland impacts, listed in order of preference and in accordance
with Section 4.2 of the Shoreline Master Plan. What is considered adequate mitigation will depend on
the nature and magnitude of the potential impact, or specifically identified in the Shoreline Master
Program as required mitigation.
Commented [GD(12]: Recommend deleting references
to Shoreline Master Program here so critical area ordinance
stands alone.
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(1) On-site wetlands restoration/improvement—Restoration or improvement in functional value of
degraded on-site wetlands and/or their buffers at the ratio listed in Table 20.93-6 according to the
wetland type.
(2) On-site wetlands creation—Creation of on-site wetlands and their buffers at the ratio listed in
Table 20.93-6 according to the wetland type.
(3) On-site wetlands buffer restoration—Restoration or improvement in functional value of degraded
on-site wetland buffers at the ratio listed in Table 20.93-6 according to the wetland type.
(4) Off-site wetlands protection—Where on-site protection is not possible, dedicate an exclusive
easement for the protection of equivalent (in ecological type and function) wetland and its buffer
on an off-site wetland at the ratio listed in Table 20.93-6 according to the wetland type. The
location of any off-site wetland mitigation area shall be located within the same watershed as the
impact and as near to the site as possible, following this preferred order:
(A) Contiguous to the impacted wetland,
(B) Within the same drainage basin where it would best provide the same function as the
impacted wetland, and
(C) Elsewhere within the city.
(b) All wetland restoration, creation and/or enhancement projects required pursuant to this chapter either
as a permit condition or as the result of an enforcement action shall follow a mitigation plan prepared
in conformance to the requirements of Section 20.93.390 (Mitigation plan requirements).
(c) Location of mitigation. When compensatory measures are appropriate pursuant to the mitigation
priority sequence above, preferential consideration shall be given to measures that replace the
impacted functions directly and in the immediate vicinity of the impact. However, alternative
compensatory mitigation within the watershed sub-basin that addresses limiting factors or identified
critical needs for shoreline resource conservation based on watershed or comprehensive resource
management plans applicable to the area of impact may be authorized. If there are no previously
identified mitigation opportunities in the impacted sub-basin identified in local watershed or
comprehensive plans the applicant will use a watershed approach in selecting mitigation sites utilizing
Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Publication
#09-06-32). Authorization of compensatory mitigation measures may require appropriate safeguards,
terms, or conditions as necessary to ensure no net loss of ecological functions (WAC 173-26-
201(2)(e)(ii)(B)).
(d) Mitigation ratios for the replacement of impacted wetlands shall be as listed in Table 20.93-6.
Table 20.93‐6
Category and Type of Wetland Creation or Re‐
establishment Rehabilitation Enhancement Preservation
Category I: Bog, Natural
Heritage site Not considered possible 6:1 Case by case 10:1
Category I: Mature Forested 6:1 12:1 24:1 24:1
Category I: Based on functions 4:1 8:1 16:1 20:1
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Category II 3:1 6:1 12:1 20:1
Category III 2:1 4:1 8:1 15:1
Category IV 1.5:1 3:1 6:1 10:1
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.850 ‐ Monitoring.
(a) For projects that include native vegetation, a detailed five-year or ten-year vegetation maintenance
and monitoring program to include the following:
(1) Goals and objectives of the shoreline stabilization plan;
(2) Success criteria by which the implemented plan will be assessed;
(3) A ten-year maintenance and monitoring plan for wetland projects with trees and shrubs,
consisting of site visits done in years one, two, five, seven and ten by a qualified professional,
with progress reports submitted to the shoreline administrator and all other agencies with
jurisdiction following the site visits; and, a maintenance and monitoring plan for compensatory
mitigation projects which shall be monitored for a minimum of five years with monitoring plans
submitted for zero, one, two, three and five years.
(4) A contingency plan in case of failure.
(b) Monitoring of fish and wildlife populations may be required.
(Ord. No. 2011-029, § 1, 12-5-2011)
Part IX. ‐ Aquifer Recharge Areas
20.93.900 ‐ Purpose and objectives.
(a) The purpose of this Part is to protect public aquifer recharge areas. Additionally, it is the intent of this
Part to adopt development regulations, as required in RCW 36.70A.060, that preclude land uses or
development that is incompatible with critical areas designated under RCW 36.70A.170.
(b) The objectives of this Part are to:
(1) Protect human life and health;
(2) Assure the long-term conservation of resources;
(3) Protect groundwater; and,
(4) Further the public interest in the conservation and wise use of lands.
(Ord. No. 2011-029, § 1, 12-5-2011)
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20.93.910 ‐ Applicability.
(a) All development except those exempted in subsection (b) is subject to the regulations of this Part.
(b) The following uses are exempt from this Part:
(1) Uses legally existing on any parcel prior to these regulations' adoption.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.920 ‐ Information required upon application.
All land use permit applications for development subject to these regulations shall include the
information specified in Table 20.93-6, Groundwater Protection Administration Guidance Chart.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.930 ‐ Hydrogeologic site evaluations.
Hydrogeologic site evaluations shall address the following:
(1) Soil texture, permeability, and contaminant attenuation properties;
(2) Characteristics of the unsaturated top layer of soil, the vadose zone, and geologic material,
including permeability and attenuation properties;
(3) Depth to groundwater and/or impermeable soil layer;
(4) Aquifer properties such as hydraulic conductivity and gradients.
(5) Potential impacts to the aquifer or groundwater.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.940 ‐ Best management practices (BMP) plans.
Best management practices (BMP) plans shall detail what actions or operations may harm the aquifer
if not performed or managed properly and how such actions or operations shall be performed or managed
so as to avoid impacts. Permit applications may be conditioned on on-going adherence to the BMP plan.
(Ord. No. 2011-029, § 1, 12-5-2011)
20.93.950 ‐ Mitigation plans.
(a) If the evaluation identifies significant impacts to critical public aquifer storage recharge areas, the
project applicant is required to document potential impacts and provide a discussion of alternatives by
which such impacts could be avoided or prevented.
(b) The applicant shall provide a detailed mitigation plan for avoiding potential impacts. The city may
require that the mitigation plan include preventative measures, monitoring, process control, and
remediation, as appropriate. the mitigation plan must be approved by the city and be implemented as
a condition of project approval.
(Ord. No. 2011-029, § 1, 12-5-2011)
Commented [GD(13]: I don’t know about the Ecology
regulations but you can call Laurie Morgan at 360‐407‐6483.
Commented [CY14]: Is this an ECY regulation? There
isn’t a Table 20‐93.6 or referenced document.
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20.93.960 ‐ Imposition of conditions on projects.
Based on available information, including that provided by the applicant pursuant to the requirements
of Sections 20.93.920 (Aquifer Recharge Areas—Information required upon application), the permit-issuing
authority shall impose conditions designed to prevent degradation of groundwater quality or quantity. Such
conditions may include determining background water quality and quantity prior to development,
determining groundwater levels, monitoring of those levels, mitigation plans including prevention, and
development of groundwater quality or quantity management plans. All conditions on permits shall be based
on known, available, and reasonable methods of prevention, control, and treatment.
Table 20.93‐6: Groundwater Protection Administration Guidance Chart Project
Use Type Information Required with Application
Underground storage tanks (USTs) as defined
by Chapter 173‐360 WAC
A best management practices plan is required, as is
proof of compliance with department of ecology
regulations and the license number of the installer. A
mitigation plan may be required.
Commercial, industrial, institutional, or other
facilities that store, use, handle, or produce
hazardous substances or waste products (as
defined by WAC 173‐303‐101)
A best management practices plan is required. A
mitigation plan may be required.
On‐site sewage disposal systems serving large
developments, or any single use generating
sufficient effluent over 3,500 gallons per day,
require approval of their plans by the
department of health under Chapter 246‐272
WAC or the department of ecology under
Chapter 173‐240 WAC
Proof of compliance with department of ecology
and/or Snohomish County Health District
requirements. A mitigation plan may be required.
Petroleum pipelines
Both a hydrologic site evaluation and a best
management practices plan are required. A mitigation
plan may be required.
Solid waste facilities
Both a hydrologic site evaluation and a best
management practices plan are required. A mitigation
plan may be required.
Land application of sewage sludge from
sewage treatment works which combine
industrial waste and/or commercial waste
Both a hydrologic site evaluation and a best
management practices plan are required. These
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with domestic waste or any sewage sludge
application exceeding two acres in size
studies shall determine the application rate. A
mitigation plan may be required.
All other development
Determination of whether the project lies within a
public groundwater recharge area or whether any
wells are located within 100 feet of the project. If
either of these criteria is met, the applicant must show
how all applicable regulations, including but not
limited to those of the department of ecology and/or
Snohomish County Health District, are met. A
mitigation plan may be required.
(Ord. No. 2011-029, § 1, 12-5-2011)
Part X. ‐ Adoption of Plans
20.93.970 ‐ Shoreline master plan and maps adopted.
The city hereby adopts and incorporates by reference herein the "City of Arlington Shoreline Master
Program", September 2011 draft, prepared by the Watershed Company, as its Shoreline Master Plan,
including the maps reflecting environment designations contained in appendix A thereto.
(Ord. No. 2011-029, § 1, 12-5-2011)
Commented [CY15]: Shouldn’t this just be the document
instead of draft version?
Commented [GD(16]: Recommend deleting this text
referencing the Shoreline Master Program because it isn’t
relevant.
ORDINANCE No. 2016-XXX 1
ORDINANCE NO. 2016-XXX
AN ORDINANCE RELATING TO LAND USE AND ZONING, REPEALING
CHAPTER 20.88 OF THE ARLINGTON MUNICIPAL CODE, AND AMENDING
CHAPTER 20.93 OF THE ARLINGTON MUNICIPAL CODE
WHEREAS, the City of Arlington planning staff recently became aware of conflicts
between and relating to Arlington Municipal Code Chapters 20.88 and 20.93, which relate to
environmentally critical areas and shorelines; and
WHEREAS, the City has worked with the Department of Ecology and the Federal
Emergency Management Authority (FEMA) to amend the City’s ordinances for clarity and
compliance; and
WHEREAS, the Arlington Planning Commission ("Planning Commission") met to
discuss amendment of the ordinance at its regular meeting on May 17, 2016; and conducted a
public hearing following proper legal notice on July 7, 2016; and
WHEREAS, the City Council was briefed on the issue on July 11, 2016 and on July
18, 2016, 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 20.88 shall be and hereby is
repealed in its entirety.
Section 2. Arlington Municipal Code Chapter 20.93 shall be and hereby is retitled
from “Environmentally Critical Areas” to “Critical Areas Ordinance”.
Section 3. Arlington Municipal Code section 20.93.010 shall be and hereby is
amended to read as follows:
20.93.010 - Purpose and intent.
This chapter establishes regulations for the protection of environmentally critical areas
(ECAs) within the City’s shoreline jurisdiction, including critical areas, natural resource lands,
and protective buffers. While it is intended that this chapter fulfill the mandates of the
Washington State Shoreline Growth Management Act, that is not its sole purpose: Its primary
purpose is to fulfill the legislative intent of the city of Arlington, which is to protect the public
ORDINANCE No. 2016-XXX 2
health, safety, and welfare of the citizens of Arlington by providing for the long-term
preservation of natural systems and their functions. This is to be accomplished by establishing
prohibitions, mitigation requirements, and minimum standards for the use and development
of properties that contain or adjoin environmentally critical areas. Additionally, this chapter
is intended to:
(1) If at all possible, avoid impacts to environmentally critical areas. If this is not
practicable, then:
(A) Minimize or limit the degree or magnitude of actions and their implementation
by using appropriate technology or by taking affirmative steps to avoid or reduce
impacts.
(B) Mitigate any impacts by repairing, rehabilitating, or restoring the affected
environment.
(C) Reduce or eliminate any impacts over time by preservation and maintenance
operations during the life of the action.
(D) Compensate for unavoidable impacts by replacing, enhancing or providing
substitute resources or environments through monitoring of specific and
cumulative impacts.
(2) Protect the public from personal injury, loss of life, or property damage due to
flooding, erosion, landslides, seismic events, or soil subsidence.
(3) Protect against publicly financed expenditures due to the misuse of environmentally
critical areas that cause:
(A) Unnecessary maintenance and replacement of public facilities;
(B) Publicly funded mitigation of avoidable impacts;
(C) Cost for public emergency rescue and relief operations where the causes are
avoidable;
(D) Degradation of the natural environment.
(4) Protect aquatic resources.
(5) Protect unique, fragile, and valuable elements of the environment, including wildlife
and its habitat.
(6) Alert appraisers, assessors, owners, potential buyers, or lessees to the development
limitations of environmentally critical areas.
(7) Provide city officials with sufficient information to adequately protect
environmentally critical areas when approving, conditioning, or denying applications
for public or private development proposals.
(8) Give guidance to the development of comprehensive plan policies in regard to the
natural systems and environment of the Arlington Watershed(s).
(9) Provide property owners and developers with succinct information regarding the
city's requirements for property development, thus rationalizing and accelerating the
development permit application process.
ORDINANCE No. 2016-XXX 3
Section 4. Arlington Municipal Code Chapter 20.93.100 shall be and hereby is
amended to add the following definition:
"Development" means any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials
located within the area of special flood hazard, subdivision of land, removal of
substantial amounts of vegetation, or alteration of natural site characteristics.
Section 5. Arlington Municipal Code Section 20.93.100 shall be and hereby is
amended to delete the following definition:
"Frequently flooded areas". Lands indicated on the most current FEMA map to be
within the one hundred-year flood plain. These areas include, but are not limited to,
streams, lakes, coastal areas, and wetlands. Local areas not identified on FEMA maps
that experience frequent periods of inundation.
Section 6. Arlington Municipal Code Section 20.93.200 shall be and hereby is
amended to read as follows:
This chapter applies to environmentally critical areas within the city's and its shoreline
jurisdiction. The maps adopted in AMC 20.93.970 show the general location of the
city's shoreline jurisdiction; however, whether an environmentally critical area is
within shoreline jurisdiction shall be determined by the shoreline administrator. No
action shall be taken by any person that results in any alteration of any
environmentally critical area or their buffers except as consistent with the purposes,
objectives, and goals of this chapter.
Section 7. Arlington Municipal Code Sections 20.93.500 through 20.93.540 shall
be and hereby are repealed in their entirety.
Section 8. Arlington Municipal Code Section 20.93.620 shall be and hereby is
amended to read as follows:
20.93.620 - Allowed activities. Except where regulated by other sections of this or
any other title or law, the following uses shall be allowed within geologically
hazardous areas when the requirements of Section 20.93.630 (Geologically Hazardous
Areas—Requirements) have been met and mitigation adequate to alleviate any other
impacts has been proposed:
(a) Those activities allowed per Section 20.93.220 (General Provisions—
Allowed activities).
(b) Any other use allowed per the zone, and Shoreline Master Program,
provided that it meets the requirements of Section 20.93.630 (Geologically Hazardous
ORDINANCE No. 2016-XXX 4
Areas—Requirements) and will not have a detrimental impact on the health, safety,
and welfare of the public, or will not negatively impact neighboring properties.
(c) Recontouring of land to eliminate geologically hazardous areas,
including steep slopes, is expressly prohibited unless otherwise approved through the
land use permit process (not the construction plan review process). The permit issuing
authority may approve recontouring to eliminate geological hazardous areas only upon
finding that such action would serve the health, safety, and welfare of the general
public and not just a particular development proposal.
Section 9. Arlington Municipal Code Section 20.93.630(a) shall be and hereby is
amended to read as follows:
a) Erosion hazard areas. All development proposals on sites containing erosion
hazard areas shall comply with the following requirements:
(1) Erosion control plan. The applicant shall submit an erosion control plan
prior to the approval of any permit. Plans shall be consistent with the guidelines set
forth in the Uniform International Building Code (U IBC) grading section and the
department of public works' construction standards and specifications.
(2) Alteration. All authorized clearing for roads, utilities, etc., shall be
limited to the minimum necessary to accomplish the engineering design. Alterations of
erosion hazard sites shall meet the requirements of AMC Chapter 20.44, Part II (Land
Clearing, Grading, Filling, and Excavation).
Section 10. Arlington Municipal Code Section 20.93.630(d) shall be and hereby is
amended to read as follows:
(d) Seismic hazard areas. Standards for development in seismic hazard areas shall
be in accordance with the provisions in the IBC, as adopted by the cCity of Arlington.
Section 11. Arlington Municipal Code Section 20.93.640 shall be and hereby is
amended to read as follows:
20.93.640 - Mitigation. If potential geologic impacts cannot be avoided by adhering to
the above requirements, other forms of mitigation may be considered. Applicants must
provide mitigation plans exploring and analyzing any proposed mitigation measures.
What is considered adequate mitigation will depend on the nature and magnitude of
the potential impact. to the Shoreline and an ecological function. For example, some
potential risk due to construction in geologically hazardous areas may be reduced
through retention of existing vegetation.
ORDINANCE No. 2016-XXX 5
Section 12. Arlington Municipal Code Section 20.93.800 shall be and hereby is
amended to read as follows:
20.93.800 - Classification.
(a) Wetlands shall be rated according to the Washington State Wetland Rating
System for Western Washington—Revised, Ecology Publication #14-06-029 04-06-
025 or as revised by ecology Ecology. Wetland rating categories shall be applied as the
wetland exists at the time of the adoption of this title or as it exists at the time of an
associated permit application. Wetland rating categories shall not change due to illegal
modifications. Wetlands identified as having local significance in hydrologic and
habitat functions may be rated higher based on importance.
(b) Wetland types.
(1) Category I. Category I wetlands are:
(A) Relatively undisturbed estuarine wetlands larger than one acre;
(B) Wetlands that are identified by scientists of the Washington
Natural Heritage Program/DNR as high quality wetlands of high
conservation value;
(C) Bogs;
(D) Mature and old-growth forested wetlands larger than one acre;
(E) Wetlands in coastal lagoons; or
(F) Wetlands that perform many functions well and score seventy 23
or above.
Category I wetlands represent a unique or rare wetland type, are more
sensitive to disturbance than most wetlands, are relatively undisturbed
and contain some ecological attributes that are impossible to replace
within a human lifetime, or provide a very high level of functions.
(2) Category II. Category II wetlands are:
(A) Estuarine wetlands smaller than one acre, or disturbed estuarine
wetlands larger than one acre;
(B) A wetland identified by the Washington State Department of
Natural Resources as containing "sensitive" plant species;
(C) A bog between one-fourth; and one-half; acre in size;
(D) An interdunal wetland larger than one acre; or
(BE) Wetlands with a moderately high level of functions,
(F) Wetland scoring between fifty-one 20 and sixty-nine 22 points;
(G) Wetlands identified as having local significance in reducing
flooding or providing habitat.
Category II wetlands are difficult, though not impossible, to replace, and provide high
levels of some functions. These wetlands occur more commonly than Category I
wetlands, but they still need a relatively high level of protection.
(3) Category III. Category III wetlands are:
(A) Wetlands with a moderate level of functions scoring between
thirty 16 and fifty 19 points; or that can be adequately replaced with a
well-planned mitigation project.
ORDINANCE No. 2016-XXX 6
(B) Interdunal wetlands between 0.1 and one acre in size. Generally,
wetlands in this category may have been disturbed in some way and are
often less diverse or more isolated from other natural resources in the
landscape than Category II wetlands.
(4) Category IV. Category IV wetlands have the lowest levels of functions
scoring less than thirty 16 points and are often heavily disturbed. These are
wetlands that should be replaceable, and in some cases may be improved.
However, experience has shown that replacement cannot be guaranteed in any
specific case. These wetlands may provide some important functions and
should be protected to some degree.
Section 13. The first paragraph of Arlington Municipal Code Section 20.93.820
shall be and hereby is amended to read as follows:
Except where regulated by other sections of this, Shoreline Master Program or any
other title or law, and provided they are conducted using best management practices,
the following uses shall be allowed within wetlands and their buffers when the
requirements of Sections 20.93.830 (Wetlands—Requirements) and 20.93.840
(Wetlands—Mitigation) have been met, state and federal approvals have been granted
when required, and mitigation adequate to alleviate any other impacts has been
proposed:
Section 14. Arlington Municipal Code Section 20.93.820(g) shall be and hereby is
amended to read as follows:
(G) Stormwater management facilities. Stormwater management facilities are
limited to stormwater dispersion outfalls and bioswales. They may be allowed within
the outer twenty-five percent of fifty-foot management zone, whichever is most
protective, of Category II, III or IV wetlands buffers when the fifty-foot management
zone is in an already developed state including buildings, parking lots, lawn or
ornamental landscaping stormwater management systems designed to blend into the
natural landscape allowing full mature growth of native trees and shrubs, and provide
the same or greater functional habitat that would occur in a naturally vegetated buffer.
Specifically, this does not include buried vaults, ecology block or grass-lined ponds or
swales (though ponds or swales planted with native vegetation may be allowed). Such
systems are required to provide diffuse effluent point(s) to the immediate edge of the
no-touch buffer to allow infiltration and polishing, provided that:
(i) No other location is feasible; and
(ii) The location of such facilities will not degrade the functions or values
of the wetland; and
(iii) Stormwater management facilities are not allowed in intact buffers of
Category I wetlands.
ORDINANCE No. 2016-XXX 7
Section 15. Arlington Municipal Code Table 20.93-4 shall be and hereby is
amended to read as follows:
Table 20.93-4—Wetland Buffer Requirements for Western Washington
Wetland Category
Standard
Buffer
Width
Buffer width if
wetland habitat
scores 5 points
Buffer width if
wetland habitat
scores 6-7points
Buffer width if
wetland habitat
scores 8-9 points
Category I: based on total
score 75 ft 105ft 165ft 225ft
Category I: Bogs and
wetlands of high
conservation value
190 ft 190 ft 190 ft 225 ft
Category I: Forested 75 ft 105ft 165ft 225 ft
Category II: Based on
Score 75 ft 105ft 165ft 225ft
Category III: (all) 60 ft 105ft 165 ft 225
Category IV: (all) 40 ft 40 ft 40 ft 40 ft
Section 16. Arlington Municipal Code Section 20.93.840(a) shall be and hereby is
amended to read as follows:
(a) In order to avoid significant environmental impacts, the applicant for a land use
or development permit shall compensate for unavoidable wetland impacts, listed in
order of preference and in accordance with Section 4.2 of the Shoreline Master Plan.
What is considered adequate mitigation will depend on the nature and magnitude of
the potential impact, or specifically identified in the Shoreline Master Program as
required mitigation.
Section 17. Arlington Municipal Code Sections 20.93.920 and 20.93.970 shall be
and hereby are deleted in their entirety.
ORDINANCE No. 2016-XXX 8
Section 18. 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 19. Severability. If any provision, section, or part of this ordinance shall
be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity
of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 20. 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 _______ day of
________________________, 2016.
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 #6
Attachment
H
COUNCIL MEETING DATE:
July 18, 2016
SUBJECT:
Land Use Code Amendment to Title 20, Chapter 20.40 & 20.08 of the AMC relating to
Storage Facility Permissible Uses and Definitions
ATTACHMENTS:
Draft Ordinance, Discussion Items for Storage Facilities
DEPARTMENT OF ORIGIN
Community & Economic Development
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
The Permissible Use Table was amended to only allow self-storage unit facilities
within General and Light Industrial Zoned areas of the city during the Comprehensive
Plan update. The AMC does not address Self-Storage Facilities and the different
variations but rather combines all forms of storage into one use. Staff and the
Planning Commission have identified the need to differentiate between typical self-
storage facilities and the professional, more modern versions that could be beneficial
as part of the mixed use concept and provide a useful service in proximity of high-
density residential developments. Several meetings (workshops) with the Planning
Commission were held, and a Noticed Public Hearing was conducted on July 7, 2016.
The Planning Commission Findings of Facts will be prepared as part of the Ordinance
adoption.
City of Arlington
Council Agenda Bill
Item:
NB #6
Attachment
H
HISTORY:
The current adopted version of storage facilities reflects an early form of self-storage,
often called a “mini-warehouse” – a group of small, one-story metal buildings with
numerous overhead doors opening to a grid of asphalt driveways and surrounded by
chain link fence. These facilities resemble other industrial uses and it made sense to
allow them only in these zones. Changes in urban households have led to a different
market for residential storage. The result is a building form that is very different from
the earlier style of the “mini-warehouse”. Modern self-storage facilities include multi-
story buildings with a single store front entry and an exterior appearance that more
resembles a professional office building. Because of their architectural treatments,
these facilities can be compatible with more varied settings in commercial areas that
are convenient to high-density residential areas where most customers would
originate, reducing the need to travel long distances, thus reducing traffic and the
carbon footprint. PSRC recently identified that our Comprehensive Plan lacked
policies that addressed this concern.
ALTERNATIVES
Approve staff’s recommendation with modifications
Table staff’s recommendation
Deny staff’s recommendation
RECOMMENDED MOTION:
I move to approve the ordinance amending Chapter 20.40 & 20.08 of the AMC relating
to Storage Facility Permissible Uses and Definitions.
ORDINANCE No. 2016-XXX 1
ORDINANCE NO. 2016-XXX
AN ORDINANCE RELATING TO LAND USE AND ZONING AND AMENDING
CHAPTER 20.40 & 20.08 OF THE ARLINGTON MUNICIPAL CODE
WHEREAS, the City of Arlington planning staff has reviewed the provisions of
Arlington Municipal Code Chapter 20.40 in connection with Permissible Uses and Chapter
20.08 in connection with Definitions and Interpretations; and
WHEREAS, the Arlington Planning Commission ("Planning Commission") met to
discuss amendment of the ordinance at its regular meeting on June 21, 2016; and conducted a
public hearing following proper legal notice on July 7, 2016; and
WHEREAS, the City should promote development that provides a positive experience
for the motorist and pedestrians alike through consideration of scale, form, orientation, height,
setback, massing, materials, and architectural features that provides for a permanent, positive
addition to our commercial district; and
WHEREAS, the City Council was briefed on the issue on July 11, 2016; and on July
18, 2016, 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 20.08.010 (Definition of Basic Terms) shall
be and hereby is modified to add the following definitions for “Multi-Storied Self-Storage
Facility”, “Self-Storage Facility”, and “Warehouse storage”:
“Multi-Storied Self-Storage Facility” – a type of multi-story self-storage use that
provides climate controlled space for interior units with interior access only with no
individual storage space greater than 300sf. Storage to consist of personal property of
household items and or small business supplies. A minimum of 35% approved glazing
required on front façade. A minimum of 1,000sf shall be utilized as office/retail on the
ground floor. 24-hour security or video surveillance is required. No space shall be used
for residential occupancy, business sales or operation, storage of commercial or industrial
inventory or hazardous materials, and no space shall be utilized as workspace or
operation of machinery.
“Self-Storage Facility” – a development of one or more enclosed structures
providing individual accessible compartments, each of which is leased to the general
ORDINANCE No. 2016-XXX 2
public for the purpose of storing non-hazardous personal property and not used for
residential occupancy, commercial, business, or industrial operations. “Self-Storage
Facility” shall be considered synonymous with mini-storage.
“Warehouse Storage” – a development of one or more enclosed structures
providing individual accessible or generally accessible areas for temporary storage of
bulk merchandise or inventory of commercial goods to be utilized in a separate location.
This use shall not be used for residential occupancy, commercial or business operations,
or operation of machinery within the leased space (except for equipment used in the
operation of the facility, i.e. fork lifts, cranes, or similar equipment). The term
“warehouse” does not refer to “self-storage facilities.”
Section 2. A portion of Arlington Municipal Code Section 20.40.010 (Table of
Permissible Uses) shall be and hereby is modified to amend use codes 10.210 through 10.220
and to add a new use code 10.230 and footnote 28 to read as follows:
Table 20.40-1: Table of Permissible Uses
USE
DESCRIP‐
TIONS
ZONES
SR RLMD RMD RHD OTR NC OTB1 OTB2 OTB3 GC HC BP LI GI AF MS P/SP
10.210
Multi‐
Storied Self‐
Storage
Facility
ZS28 ZS28 ZS
10.220
Self‐Storage
Facility
ZS28 ZS
10.230
Warehouse
Storage
Facility
ZS28 ZS
28 No outside storage
Section 3. 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.
ORDINANCE No. 2016-XXX 3
Section 4. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of
the ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 5. 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 _______ day of July,
2016.
CITY OF ARLINGTON
_______________________________
Barbara Tolbert, Mayor
Attest:
__________________________
Kristin Banfield, City Clerk
Approved as to form:
__________________________
Steven J. Peiffle
City Attorney
Discussion Items for Storage Facilities
Background:
The City of Arlington's Land Use Code does not specifically contain a definition of "self-- storage",
"storage", or "mini-warehouse" facilities, but rather combines all forms of storage, other than
automobiles, aircraft, and hazardous materials, in section 10.000 of the Title 20 table of permissible
uses (20.40.010-1). In July and August of 2015, the Planning Commission held numerous public
workshops and an open record public hearing for the purpose of updating the Table of Permissible
Uses. The Commission subsequently recommended passage of a package of updates to this
section. Among other changes, the recommendations included removal of self-storage facilities from
the Highway Commercial Zone, limiting these uses to our General and Light Industrial zones.
On October 5th, 2015 Council voted to update the AMC, Section 20.40.010, Table of Permissible
Uses, following the Planning Commission's recommendations.
No specific design standards or parking and loading standards currently exist for the use "storage".
There is also no distinction made between storage in rented space and storage in privately owned
space, such as garages, storage sheds, or containers located on private residential property.
The City currently has a permit application for a proposed modern style storage facility to locate in
the Highway Commercial zone. Under the current code, this location would not be allowed.
Issue:
The adopted treatment of storage unit location reflects an early form of self-storage, often called a
"mini-warehouse" facility that consists of a group of small, one-story metal buildings with numerous
overhead doors opening to a grid of asphalt driveways ringed by chain link fence and often including
accessory outdoor storage yards. These facilities are often regulated to industrial districts because
they resembled other one- story metal buildings that are common in industrial districts or rural
highway corridors. We have several examples of these early storage facilities in Arlington and North
Marysville.
Changes in urban households have led to a different market for residential storage. The result is a
building form that is very different from the earlier style of "mini-warehouses".
Modern self-storage facilities include multi-story buildings with a single storefront entry and an exterior
appearance and architectural features resembling a multi-story office building. These buildings feature
elevators, internal corridors accessing storage spaces of various sizes and concealing the roll-up doors.
Most, if not all of the self-storage units are climate-controlled. There does not need to be outdoor
storage or large loading docks. In some cases, there are fenestrated exterior access corridors that are
day- lighted.
Because of their architectural treatments, these facilities can be compatible with more varied settings in
commercial areas that are convenient to high-density residential areas where most customers originate,
creating an opportunity for residential customers to not have to drive back and forth to storage facilities.
Thus reducing traffic, emissions and carbon footprint. PSRC recently identified that our Comprehensive
Plan lacked policies that addressed these concerns.
1
Staff is bringing this matter to the Planning Commission to reconsider the treatment of this type of self-
storage facility by taking a finer grained look at the location and design of a variety of storage
configurations and perhaps allowing the more contemporary multi-story self-storage buildings with
interior access to be permitted in Arlington's Highway Commercial zones and possibly in the mixed-use
overlay zones. In addition, staff is requesting that some differentiation be established between
commercial and private storage activity.
Recommended Actions – Phase I:
1. Staff recommends amending AMC Section 20.40.010, Table of Permissible Uses 20.40-1 as follows:
10.210 Multi-Storied, Self-Storage Facility (as described in Section 20.08.010 Definitions) to be permitted
in the Highway Commercial, Light Industrial, and General Industrial zones.
10.220 Self-storage facility (as described in Section 20.08.010 Definitions) to be permitted in Light
industrial and General Industrial zones.
10.230 Warehouse storage facility (as described in Section 20.08.010 Definitions) to be permitted in Light
Industrial and General Industrial zones.
2. Staff recommends amending AMC Section 20.08.010, Basic Definitions and Interpretations as
follows:
Multi-Storied Self-Storage Facility, - a type of multi-story self-storage use that provides climate
controlled space for interior units. With no individual storage exceeding 300sf. Storage to consist of
personal property of household and small businesses. A minimum of 35% approved glazing required on
front façade. A minimum of 1,000sf shall be utilized as office/retail on ground floor. Shall provide either 24-
hour security or video surveillance. No space shall be used for residential occupancy, business sales or
operation, storage of commercial or industrial inventory or raw materials, and no space may allow
workspace or operation of machinery.
Self-Storage Facility- A development of one or more enclosed structures providing individually
accessible compartments each of which is leased to the general public for the purpose of storing
non-hazardous personal property and not used for residential occupancy, business operation,
storage of commercial or industrial inventory or operation of machinery. (Except for equipment used
in the operation of the facility, i.e. forklifts or cranes)
Warehouse Storage - A development of one or more enclosed structures providing individually
accessible or generally accessible areas for temporary storage of bulk merchandise or inventory of
commercial goods to be utilized at a separate location. This use shall not to be used for residential
occupancy, business operation, or operation of machinery within the leased space. (Except for
equipment used in the operation of the facility, i.e. forklifts or cranes)
2
Recommended Actions – Phase II:
1. Staff recommends that a new Section 20.44.085 be added to the Supplemental Use Regulations to
include design standards for all Storage/Warehouse facilities as follow
General Objectives: Building design shall reinforce a human scaled environment through careful
consideration of architectural form, massing, detail, material and color. These design standards
establish criteria, but are not intended to dictate building styles. Development that provides a positive
experience for the motorist driving by and the pedestrian viewing the building up close; exhibits a
thoughtful consideration of scale, form, orientation, height, setback, massing, materials and
architectural features; provides a permanent, positive addition to the commercial district, constructed of
high quality, long lasting material.
For Permissible use 10.210-Multi-Storied Self Storage Facility
1. No individual storage space shall be larger than 300 square feet.
2. Storing hazardous, flammable, or toxic materials is prohibited. (Must follow the International Fire
Code Regulations)
3. Storage shall be limited to personal property of households and small businesses.
4. No space may be used for residential occupancy, business sales or operation, storage of
commercial or industrial inventory or raw materials, and no space may allow workspace or
operation of machinery.
5. The facility shall consist of a single building that is a minimum of two stories in height.
6. A minimum of 25 percent of the front facade shall consist of approved glazing. .
7. No outdoor storage is allowed.
8. Up to 20 percent of ground floor area may be used for administrative offices and related
product sales.
9. Multi-Storied Self-Storage Facilities must provide 24-hour security or camera surveillance.
For Permissible use 10.220- Self Storage Facility
1. No individual storage space shall be larger than 300 square feet.
2. Storing hazardous, flammable, or toxic materials is prohibited. (Must follow the International Fire
Code Regulations)
3. Storage shall be limited to personal property of households and small businesses.
4. No space may be used for residential occupancy, business sales or operation, storage of
commercial or industrial inventory or raw materials, and no space may allow workspace or
operation of machinery.
5. No outdoor storage is allowed, in Light Industrial Zone.
6. Up to 20 percent of ground floor area may be used for administrative offices and related
product sales.
7. Self-Storage Facilities must provide 24-hour security or camera surveillance.
For Permissible use 10.230-Warehouse Storage Facility
1. Follow the General Objective of this Chapter 20.44.085
2. Follow COA Design Guidelines
3. No outdoor storage is allowed in Light Industrial Zone.
4
2. Table of Parking Requirement – Table 20.72-1
5
Use Parking Requirement
10.210 1 space per 50 storage units, plus 1 space per 500 square feet of
gross floor area devoted to sales or display.
10.220 1 space per 50 storage units, plus 1 space per 500 square feet of
gross floor area devoted to sales or display.
10.230 1 space for every 4 employees on maximum shift but not less than
1 space per 10,000 square feet of area devoted to storage. 1
space per 500 square feet of gross floor area devoted to an office.
10.240 1 space for every 4 employees on maximum shift but not less than
1 space per 10,000 square feet of area devoted to storage,
whether inside or outside. 1 space per 500 square feet of gross
floor area devoted to an office.
Footnote 28- No outdoor storage allowed.
3
Use Descriptions SR RLMD RMD RHD OTR NC OTBD
1
OTBD
2
OTBD
3 GC HC BP LI GI AF MS P/SP
10.000 STORAGE & PARKING
10.100 Off‐site automobile
parking garages or parking
lots
ZS ZS ZS ZS ZS ZS ZS ZSC
10.200 Storage of goods not
related to sale or use of those
goods on the same lot where
they are stored
10.210 Multi‐Story Self‐
Storage Facility. ZS28 ZS28 ZS
10.220 Self‐Storage Facility ZS28
ZS
10.230 Warehouse Storage
Facility ZS28 ZS
10.240 Storage partially or
fully outside completely
enclosed structure
ZS
10.300 Parking of vehicles or
storage of equipment outside
enclosed structures where: (I)
vehicles or equipment are
owned and used by the
person making use of lot, and
(II) parking or storage is
more than a minor and
incidental part of the overall
use made of the lot
ZS ZSC
10.400 Parking or storage of
aircraft, either inside or outsid
completely enclosed structures
Z