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HomeMy WebLinkAbout10-23-17 Council Workshop 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.    CALL TO ORDER  Mayor Barb Tolbert    PLEDGE OF ALLEGIANCE    ROLL CALL  Mayor Barb Tolbert – Kristin     APPROVAL OF THE AGENDA  Mayor Pro Tem Debora Nelson    INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS    WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN  1. Review Proposed 2017/2018 Budget Modifications        ATTACHMENT A      Staff Presentation:  Kristin Garcia      Council Liaison:  Mayor Pro Tem Debora Nelson    2. 2018 Proposed Regular Property Tax and EMS Levies       ATTACHMENT B        Staff Presentation:  Kristin Garcia      Council Liaison:  Mayor Pro Tem Debora Nelson     3. Ordinance Adopting Changes to Arlington Municipal Code (AMC)   ATTACHMENT C               Chapter 20.40‐1 and Chapter 20.08       Staff Presentation:  Marc Hayes       Council Liaison:  Mike Hopson/Jan Schuette    4. Resolution to Surplus Vehicles             ATTACHMENT D      Staff Presentation:  Kurt Patterson      Council Liaison:  Mayor Pro Tem Debora Nelson    5. Authority to Accept Grant from Department of Ecology Stormwater    ATTACHMENT E      Staff Presentation:  Kris Wallace      Council Liaison:  Mayor Pro Tem Debora Nelson    6. Authority to Accept Grant from Community Economic Revitalization    ATTACHMENT F      Board (CERB)       Staff Presentation:  Jim Kelly      Council Liaison:  Mayor Pro Tem Debora Nelson    Arlington City Council Workshop                                                       Monday, October 23, 2017 at 7:00 pm          City Council Chambers – 110 E 3rd Street 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. 7. Discussion Regarding 2018 Lodging Tax Tourism Priorities        ATTACHMENT G      Staff Presentation:  Kristin Garcia      Council Liaison:  Mayor Pro Tem Debora Nelson    8. September 2017 Financial Report             ATTACHMENT H      Staff Presentation:  Kristin Garcia         9. Miscellaneous Council Items    COUNCILMEMBER REPORTS    EXECUTIVE SESSION    RECONVENE    PUBLIC COMMENT  For members of the public who wish to speak to the Council. Please limit your remarks to three minutes.    ADJOURNMENT  Mayor Barb Tolbert       City of Arlington Council Agenda Bill Item: WS #1 Attachment A COUNCIL MEETING DATE: October 23, 2017 SUBJECT: 2017 – 2018 Budget Amendments and Modifications ATTACHMENTS: 2017 – 2018 Budget Amendments/Modifications Executive Summary 2017 Ordinance Amending the 2017 Budget 2017 Ordinance Modifying the 2018 Budget 2017 Budget Amendments; General Fund and Other Funds 2018 Budget Modifications; General Fund and Other Funds DEPARTMENT OF ORIGIN Finance; Kristin Garcia – Finance Director 360‐403‐3431 EXPENDITURES REQUESTED: 2017 ‐ $1,807,155 2018 ‐ $12,582,449 BUDGET CATEGORY: Various BUDGETED AMOUNT: 2017 ‐ $52,417,227 2018 ‐ $46,708,052 LEGAL REVIEW: DESCRIPTION: Please see executive summary for proposed budget amendments and modifications. A public hearing will be held on November 6, 2017 on the proposed budget amendments and modifications and on the general property tax and EMS tax levy. The budget amendments, modifications and tax levies will be brought forward for council approval on November 20. HISTORY: A budget retreat was held on October 7, 2017 to discuss the proposed 2017 budget amendments and 2018 budget modifications. ALTERNATIVES: RECOMMENDED MOTION: Workshop; discussion only. 1    2017 – 2018 Budget Amendment/Modification Executive Summary  A budget retreat was held on October 7, 2017 to discuss the proposed 2017 budget amendments  and 2018 budget modifications.  There are 3 items that council will need to approve to complete the  budget process this year, they are; amend the 2017 budget, modify the 2018 budget and set the  general property tax levy and EMS levy.  The council requested two changes to the proposed amendments/modifications;    1)  include $5,000 spending authority in both 2017 and 2018 in the social services fund   2) add spending authority in 2018 for a recruitment incentive for hiring of lateral police officers  The proposed amendments for 2017 total $1,807,155 and are to adjust for unexpected revenues  and cost increases.  The primary funding sources to pay for the proposed amendments are from  increases in operating revenue, grants, accumulated reserves, and donations.   Here is a summary of  the proposed amendments;   Leave buy out for known and anticipated retirements or other employment separation   Comp time payout provision in police union contract intended to reduce the city’s leave  liability and potentially reduce overtime   Credit card fees, jail costs, overtime, memberships, land rent and transfers to Cemetery Fund  for cash flow   Realignment of capital budgets to move budget to appropriate year of project spending   Current and projected interfund loans to EMS Fund and repayment of those loans   Increase transfers from operations to capital reserve fund for future project spending  The proposed modifications for 2018 total $12,582,449 and are to adjust for “now known” facts on  revenues and costs.  The primary funding sources to pay for the proposed modifications are from  accumulated capital reserves and grants. The modifications include $322,000 in discretionary  spending in the general fund for 2 police officers, a code enforcement position, an embedded social  worker position and an increase in training budgets (including funding for the tuition  reimbursement program).  The majority of the modifications are related to capital budget carryover  for the Arlington Valley Road project and new capital spending for the BNSF railroad crossing  project, 204th roundabout and fog/crack sealing on runway 16/34.  The remaining proposed  modifications include;   Bringing salaries to market   Anticipated increases in medical premiums and retirement contributions   Credit card fees, leave buyout, jail costs, WCIA liability insurance and memberships   Realignment of existing capital budgets to move budget to appropriate year of spending  2          1    ORDINANCE NO. 2017—XXX   AN ORDINANCE AMENDING THE 2017 BUDGET OF THE CITY OF ARLINGTON BY PROVIDING SUPPLEMENT THERETO; PROVIDING TRANSFER AND ADJUSTMENT AUTHORITY AND DECLARING AN EMERGENCY   WHEREAS, staff has identified the need to make certain revisions to the 2017 Biennial Budget that were not foreseen when Ordinance No. 2016-020 was adopted on November 21, 2016, and WHEREAS, this ordinance was introduced with proper notice and citizens given the opportunity to comment, and WHEREAS, because this will require increasing the appropriation level in one or more funds, an amendment is needed, NOW THEREFORE,   BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON WASHINGTON AS FOLLOWS; Section 1. Pursuant to RCW 35A.33.090, an emergency is declared to exist and the 2017 Budget is hereby amended to provide for adjustments to expenditures, and by providing authority for any necessary transfers of money within or between funds as indicated in the “Amendment” column on the attached documents titled “Budget Amendments – 2017 Budget, General Fund and Budget Amendments – 2017 Budget, Other Funds”. Section 2. That the attached is a summary of the amended budget for the year 2017 for the City of Arlington and that copies of the detailed amended budget are available to any interested taxpayer at the Finance Department, City Hall, Arlington, Washington. Section 3. This ordinance shall be in full force and effect after its passage, and publication according to law. Passed by the City Council and APPROVED by the Mayor this 20th day of November, 2017. CITY OF ARLINGTON     _______________________________                                                Barbara Tolbert, Mayor ATTEST:   __________________________________ Kristin Banfield, City Clerk     APPROVED AS TO FORM: ____________________________________ Steven J. Peiffle, City Attorney     1    ORDINANCE NO. 2017—XXX   AN ORDINANCE MODIFYING THE 2018 BUDGET OF THE CITY OF ARLINGTON BY PROVIDING SUPPLEMENT THERETO; PROVIDING TRANSFER AND ADJUSTMENT AUTHORITY AND DECLARING AN EMERGENCY   WHEREAS, staff has identified the need to make certain revisions to the 2018 Biennial Budget that were not foreseen when Ordinance No. 2016-020 was adopted on November 21, 2016, and WHEREAS, this ordinance was introduced with proper notice and citizens given the opportunity to comment, and WHEREAS, because this will require increasing the appropriation level in one or more funds, an amendment is needed, NOW THEREFORE,   BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON WASHINGTON AS FOLLOWS; Section 1. Pursuant to RCW 35A.33.090, an emergency is declared to exist and the 2018 Budget is hereby modified to provide for adjustments to expenditures, and by providing authority for any necessary transfers of money within or between funds as indicated in the “Modification” column on the attached documents titled “Budget Modifications– 2018 Budget, General Fund and Budget Modifications – 2018 Budget, Other Funds”. Section 2. That the attached is a summary of the modified budget for the year 2018 for the City of Arlington and that copies of the detailed modified budget are available to any interested taxpayer at the Finance Department, City Hall, Arlington, Washington. Section 3. This ordinance shall be in full force and effect after its passage, and publication according to law. Passed by the City Council and APPROVED by the Mayor this 20th day of November, 2017. 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: WS #2 Attachment B COUNCIL MEETING DATE: October 23, 2017 SUBJECT: 2018 Proposed Regular Property Tax Levy and EMS Levy ATTACHMENTS: Resolution to Increase the 2018 Regular Property Tax Levy Resolution to Increase the 2018 EMS Tax Levy DEPARTMENT OF ORIGIN Finance; Kristin Garcia – Finance Director 360‐403‐3431 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The budget reflects an increase of 1% plus new construction for both the regular property tax levy and the EMS levy. This represents a budget increase of $61,242 in the regular property tax levy and an increase of $9,836 in EMS levy. Both levies will need to be set and resolutions remitted to Snohomish County by November 30, 2017. A public hearing on the proposed levies will be held on November 6, 2017. The resolutions will be brought forward to council for approval on November 20, 2017. HISTORY: A budget retreat was held on October 7, 2017 to discuss the proposed 2018 regular property tax and EMS levies. ALTERNATIVES: RECOMMENDED MOTION: Workshop; discussion only. RESOLUTION NO. 2017 - XX A RESOLUTION OF THE CITY OF ARLINGTON TO INCREASE THE 2018 REGULAR PROPERTY TAX LEVY WHEREAS, the City Council of the City of Arlington has met and considered its biennial budget for the years 2017-2018; and WHEREAS, the City’s Regular Property Tax actual levy amount from the previous year (2017) was $4,047,304.10; and WHEREAS, the population of the City of Arlington is more than 10,000, and now therefore, BE IT RESOLVED by the City Council of the City of Arlington that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2018 tax year. The dollar amount of the increase over the actual levy amount from the previous year shall be $40,473.04 which is a percentage increase of 1% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, any annexations that have occurred and refunds made. PASSED and APPROVED by the Mayor and City Council of the City of Arlington, at a regular meeting held on the 20th day of November, 2017. _____________________________ Barbara Tolbert, Mayor ATTEST: ___________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________ Steve Peiffle, City Attorney RESOLUTION NO. 2017-XXX A RESOLUTION OF THE CITY OF ARLINGTON TO INCREASE THE 2018 EMS TAX LEVY WHEREAS, the City Council of the City of Arlington has met and considered its biennial budget for the years 2017 – 2018; and WHEREAS, the City’s EMS actual tax levy amount from the previous year (2017) was $958,365.79; and WHEREAS, the population of the City of Arlington is more than 10,000, and now therefore, BE IT RESOLVED by the City Council of the City of Arlington that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2018 tax year. The dollar amount of the increase over the actual levy amount from the previous year shall be $9,583.66 which is a percentage increase of 1% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, any annexations that have occurred and refunds made. PASSED and APPROVED by the Mayor and City Council of the City of Arlington, at a regular meeting held on the 20th day of November, 2017. _____________________________ Barbara Tolbert, Mayor ATTEST: __________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________ Steve Peiffle, City Attorney City of Arlington Council Agenda Bill Item: WS #3 Attachment C COUNCIL MEETING DATE: October 23, 2017 SUBJECT: Changes to AMC Chapter 20.40‐1(table of Permissible Uses) and AMC Chapter 20.08 (Definitions) ATTACHMENTS: Table of Permissible Uses, Ordinance, Findings of Fact DEPARTMENT OF ORIGIN Community & Economic Development; Marc Hayes – 360‐403‐3457 EXPENDITURES REQUESTED: ‐0‐ BUDGET CATEGORY: ‐0‐ BUDGETED AMOUNT: ‐0‐ LEGAL REVIEW: DESCRIPTION: City of Arlington staff is requesting approval to update AMC Chapter 20.40‐1 (Table of Permissible Uses) and AMC Chapter 20.08 (Definitions) in order to remove the following items: 1.111 Single Family Site Built & Modular Structures, 1.112 Class “A” Mobile Home, 1.113 Class “B” Mobile Home from Residential High Density, 10.210 Multi‐Story Self‐Storage Facility, 10.220 Self‐Storage Facility, 10.240 Storage partially or fully outside completely enclosed structures. The Permissible Use Table will add the following permissible uses: 2.112 and 2.240 Distribution Center and 10.210 Storage, Shipping, or Moving Container to both Light Industrial (LI) and General Industrial (GI). This amendment will require an update to AMC Chapter 20.08 – Definitions. Removing these definitions: Multi‐Story Self‐Storage Facility, Self‐Storage Facility and adding these definitions: Distribution Center, and Storage, Shipping, or Moving Container. HISTORY: The purpose for amending the Permissible Use Table is to make sure the current uses are relevant to areas of the City where the individual uses are allowed. Staff found that there were items such as storage units and types of single family residential that were no longer viable or applicable given their current zoning. ALTERNATIVES: Approve or remand back to staff for clarification RECOMMENDED MOTION: Workshop, discussion only. At the October 30, 2017, Council Meeting the proposed motion will read “I move to approve the proposed changes amending AMC Chapter 20.41‐1(Table of Permissible Uses) and Chapter 20.08 (Definitions)”. Staff Report & Recommendation AMC Title 20.40-1 and 20.08 LUCA Update Page 1 of 1 Marc Hayes, Director 18204 59th Avenue NE 360-403-3551 LAND USE CODE AMENDMENT STAFF REPORT & RECOMMENDATION To: Planning Commission From: Amy Rusko, Associate Planner Date: September 26, 2017 Regarding: AMC 20.40-1 and AMC 20.08 Update I. PROJECT DESCRIPTION AND REQUEST City of Arlington staff is requesting approval to update AMC Chapter 20.40-1 (Table of Permissible Uses) and AMC Chapter 20.08 (Definitions) in order to remove the following items: 1.111 Single Family Site Built & Modular Structures, 1.112 Class “A” Mobile Home, 1.113 Class “B” Mobile Home from Residential High Density, 10.210 Multi-Story Self-Storage Facility, 10.220 Self-Storage Facility, 10.240 Storage partially or fully outside completely enclosed structures. The Permissible Use Table will add the following permissible uses: 2.112 and 2.240 Distribution Center and 10.210 Storage, Shipping, or Moving Container to both Light Industrial (LI) and General Industrial (GI). This amendment will require an update to AMC Chapter 20.08 – Definitions. Removing these definitions: Multi-Story Self-Storage Facility, Self-Storage Facility and adding these definitions: Distribution Center, and Storage, Shipping, or Moving Container. II. BACKGROUND The purpose for amending the Permissible Use Table is to make sure the current uses are relevant to areas of the City where the individual uses are allowed. Staff found that there were items such as storage units and types of single family residential that no longer made sense in the areas they were allowed. III. FINDINGS The following findings are made based on the project description and the guidelines of approval. 1. The City should promote development that provides for sustainable employment opportunities, economic stability and utilization of available land at its greatest potential. IV. STAFF RECOMMENDATION Staff requests that the Planning Commission recommend the approval of the proposed changes amending AMC 20.40-1 and AMC 20.08 through a letter of findings and facts for City Council approval. V. EXHIBITS 1. AMC Chapter 20.40-1 2. AMC Chapter 20.08 3. Draft Ordinance Community & Economic Development PLANNING DIVISION City of Arlington 20.40 -1 February 2016 November 2017 Chapter 20.40 - PERMISSIBLE USES Sections: 20.40.010 - Table of permissible uses. Table 20.40-1, the Table of Permissible Uses sets forth the permissible uses within the respective zoning classifications in the city, subject to other applicable provisions in this title. It should be read in close conjunction with the definitions o f terms set forth in Section 20.08.010 (Definitions of Basic Terms) and the other interpretative provisio ns set forth in this article. (Ord. 1388 § 3, 2006; Ord. 1363 § 3, 2005; Ord. 1309 § 5(part), 2003, Ord. No. 2015-021) (Ord. No. 2013-010, § 3, 8-5-2013; Ord. No. 2014-002, § 3, 2-3-2014, Ord. No.2015-021) 20.40.020 - Use of the designations Z, S, C in table of permissible uses. (a) Subject to Section 20.40.030 (Community Development Director Jurisdiction Over Uses Otherwise Permissible With a Zoning Permit), when used in connection with a particular use in the Table of Permissible Uses (Section 20.40.010 ), the letter “P” means that the use is permissible wit h a valid City business license. The letters “ZV” mean that the use is permissible with a Zoning Verification approval . The letters ACUP mean that the use is permissible with an Administrative Conditional Use Permit. The letter "Z" means that the use is permissible in the indicated zone with a zoning permit issued by the community development director. The letter "S" means a special use permit must be obtained from the community development director or hearing examiner, and the letter "C" means a conditional use permit must be obtained from the hearing examiner. (b) When used in connection with residential uses (use classification 1.000), the designation "ZSC" means that such developments of less than twenty dwelling units must be pursuant to a zoning permit, developments of twenty or more but less than fifty dwelling units need a special use permit, and developments of fifty or more dwelling units require a conditional use permit. (c) When used in connection with nonresidential uses, the designation "ZS" or "ZC" means that such developments require a zoning permit if the total area to be developed is less than four acres in size, and a special or conditional use permit, respectively, if the total area is four acres or larger in area. The area to be developed shall be measured using a rectangular perimeter enclosing the full extent of the on-site development, including any development that may be necessary to meet the requirements of this title. If develo pment occurs in succession over time, then a special or conditional use permit shall be required at the point when the entire developed or developing area surpasses four acres. (d) Use of the designation ZSC for combination uses is explained in Section 20.40.080 (Combination Uses). (Ord. 1309 § 5(part), 2003, Ord. No. 2015-021) 20.40.030 - Community development director jurisdiction over uses otherwise permissible with a zoning permit. Notwithstanding any other provisions of this chapter, whenever the Table of Permissible Uses (interpreted in the light of Section 20.40.020 (Use of the Designations Z, S, C in Table of Permissible Uses) and the other provisions of this chapter) provides that a use in a nonresidential zone or a nonconforming use in a residen tial zone is permissible with a zoning permit, a special use permit shall nevertheless be required if the community development director finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In making this determination, the community development director shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification t o another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses t hat are permissible in the zoning district in question. (Ord. 1309 § 5(part), 2003, Ord. No. 2015-021) 20.40.040 - Permissible uses and specific exclusions. City of Arlington 20.40 -2 February 2016 November 2017 (a) The presumption established by this title is that all legitimate uses of land are addressed within the Table of Permissible Uses, and are either allowed or not allowed thereby. But because the list of permissible uses set forth in Section 20.40.010 (Table of Permissible Uses) cannot be all-inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses. (b) Notwithstanding Subsection (a), all distinct uses that are not listed in Section 20.40.010 (Table of Permissible Uses), even given the liberal interpretation mandated by Subsection (a), are prohibited. Nor shall Section 20.40.010 (Table of Permissible Uses) be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts. Similarly, all uses listed but left blank under the zone compatibility columns are prohibited. (c) Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts: (1) Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the city's fire prevention code. (2) Stockyards, slaughterhouses, rendering plants. (3) Use of a travel trailer, motor home, or other recreational vehicle as a permanent residence. (Temporary residence is permitted under certain conditions pursuant to Section 20.44.044, Recreational Vehicles as Temporary Dwelling Units). (4) Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted. This prohibition does not apply to temporary public services, such as bookmobiles, blood donation centers, public service information, etc. (Situations that do not comply with this subsection on the effective date of this title are required to conform within thirty days.) (5) The following activities, including any similar activities, are prohibited as home occupations in all zones: marijuana production, marijuana processing, and marijuana retail. (Ord. 1309 § 5(part), 2003) (Ord. No. 2014-002, § 4, 2-3-2014, Ord. No. 2015-021) 20.40.050 - Accessory uses. (a) The Table of Permissible Uses (Section 20.40.010) classifies different principal uses according to their different impacts. Whenever an activity (which may or m ay not be separately listed as a principal use in this table) is conducted in conjunction with another principal use and the former use (i) constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or (ii) is com monly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. (b) For purposes of interpreting Subsection (a): (1) A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use, (2) To be "commonly associated" with a principal use it is not necessary for an acc essory use to be connected with such principal use more times than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness. (c) Without lim iting the generality of Subsections (a) and (b), the following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses: (1) Offices or studios within an enclosed building and used by an occupant of a residence located on the same lot (or lots where the principal use occupies more than one lot) as such building to carry on administrative or artistic activities of a commercial nature, so long as such activities do not fall within the definition of a home occupation. (2) Hobbies or recreational activities of a noncommercial nature. (3) The renting out of one or two rooms within a single-family residence (which one or two rooms do not themselves constitute a separate dwelling unit) other than on a daily or weekly basis to not more than two persons who are not part of the family that resides in the single-family dwelling. City of Arlington 20.40 -3 February 2016 November 2017 (4) Yard sales or garage sales, so long as such sales are not conducted on the same lot (or lots where th e principal use occupies more than one lot) for more than three days (whether consecutive or not) during any ninety -day period. (d) Without limiting the generality of Subsections (a) and (b), the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts. (1) Abandoned vehicles as regulated by AMC Chapter 9.92 (Abandoned Vehicles). (Ord. 1309 § 5(part), 2003, Ord. No. 2015-021) 20.40.060 - Permissible uses not requiring land use permits. Notwithstanding any other provisions of this title, no zoning, special use, or conditional use permit is necessary for the following uses: (1) Electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, toget her with supporting poles or structures, located within a public right-of-way. (2) Neighborhood, but not regional, utility facilities located within a public right-of-way with the permission of the owner (state or city) of the right-of-way. (Ord. 1309 § 5(part), 2003, Ord. No. 2015-021) 20.40.070 - Change in use. (a) A substantial change in use of property occurs whenever a new use or activity conducted on a lot creates a more intensive impact to the site in question or to the infrastructure of the city than the previous use, as determined by the community development director and/or his or her designee. (b) A mere change in the status of property from occupied to unoccupied or vice versa does not constitute a substantial change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than one hundred eighty consecutive days or has been abandoned. (c) A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a substantial change in use. (Ord. 1411 § 32, 2007; Ord. 1309 § 5(part), 2003, Ord. No. 2015-021) 20.40.080 - Combination uses. (a) When a combination use comprises two or more principal uses that require different types of permits (zoning, special use, or conditional use), then the permit authorizing the combination use shall be: (1) A conditional use permit if any of the principal uses combined requires a conditional use permit. (2) A special use permit if any of the principal uses combined requires a special use permit but none requires a conditional use permit. (3) A zoning permit in all other cases. This is indicated in the Table of Permissible Uses by the designation ZSC in each of the columns adjacent to the 29.000 classification. (Ord. No. 1312, 11-17-2003; Ord. 1309 § 5(part), 2003, Ord. No. 2015-021) 20.40.090 - More specific use controls. Whenever a development could fall within more than one use classification in the Table of Permissible Uses (Section 20.40.010), the classification that most closely and most specifically describes the development controls. Table 20.40-1: Table of Permissible Uses City of Arlington 20.40 -4 February 2016 November 2017 1 1 17 City of Arlington 20.40 -5 February 2016 November 2017 17 2 2,12 2 17 City of Arlington 20.40 -6 February 2016 November 2017 14, 17, 18 7 7 7 7 City of Arlington 20.40 -7 February 2016 November 2017 7 7 7 7 City of Arlington 20.40 -8 February 2016 November 2017 1 8 18 ZS ZS 18 ZS ZS Z11 City of Arlington 20.40 -9 February 2016 November 2017 11 17 ZS 3 City of Arlington 20.40 -10 February 2016 November 2017 18 1 5 1 2 11 City of Arlington 20.40 -11 February 2016 November 2017 11 18 City of Arlington 20.40 -12 February 2016 November 2017 11 11 City of Arlington 20.40 -13 February 2016 November 2017 18 10 16 18 1 8 1 8 11 17 18 1 8 10 17 P P P P City of Arlington 20.40 -14 February 2016 November 2017 10 18 1 8 1 8 11 10 17 1 8 18 1 8 1 8 1 8 City of Arlington 20.40 -15 February 2016 November 2017 17 17 17, 18 City of Arlington 20.40 -16 February 2016 November 2017 1 8 18 18 18 1 8 1 8 1 0 17 18 18 18 18 1 8 1 8 1 0 ZC ZC 17, 18 City of Arlington 20.40 -17 February 2016 November 2017 17, 18 10 17, 18 17, 18 13, 18 10 18 1 8 11 City of Arlington 20.40 -18 February 2016 November 2017 City of Arlington 20.40 -19 February 2016 November 2017 18 City of Arlington 20.40 -20 February 2016 November 2017 2 4 25 25 23 23 2 6 24 11 11 11 11 11 11 City of Arlington 20.40 -21 February 2016 November 2017 1 0 28 28 ZS 28 ZS ZS 28 1 0 City of Arlington 20.40 -22 February 2016 November 2017 11 1 9 City of Arlington 20.40 -23 February 2016 November 2017 18 11 1 0 18 11 1 0 18 11 1 0 11 1 0 18 City of Arlington 20.40 -24 February 2016 November 2017 6 1 0 6 1 0 1 0 11 10 6 1 0 6 1 0 6 1 0 City of Arlington 20.40 -25 February 2016 November 2017 6 11 1 0 11 1 0 4 10 10 11 10 11 10 18, 27 City of Arlington 20.40 -26 February 2016 November 2017 11 10 1 1 10 8 8 8 8 8 City of Arlington 20.40 -27 February 2016 November 2017 8 (Seasonal) Farmer’s 17 17 ZS ZS ZS ZS 10 10 18 1 8 1 8 18 City of Arlington 20.40 -28 February 2016 November 2017 17 17 10 10 10 City of Arlington 20.40 -29 February 2016 November 2017 1 0 20 2 9 10 10 City of Arlington 20.40 -30 February 2016 November 2017 Footnotes to the Table of Permissible Uses These footnotes are intended to be a helpful reminder that specific uses may be subject to supplemental regulations. The lack of a footnote does not mean that a particular use is not subject to applicable supplemental use regulations. If a particular use does not have a footnote, there still may be applicable supplemental use regulations. If a proposed use is clearly intended to comply with specific supplemental use regulations, then it is subject to them. The community development director will make the determination of whether specific supplemental use regulations are applicable to a particular project. Please see Chapter 20.44 for a co mplete list of the supplemental use regulations. 1Subject to Section 20.44.060 (Minimum Parcel Sizes for Class "A," "B," or "C" Mobile Homes). 2Subject to Section 20.48.010 (Minimum Lot Size Requirements). 3Subject to Section 20.44.080 (Mobile Sales and Delivery). 6Subject to Section 20.44.010 (Solid Waste, Quarrying, Mining, and Similar Uses). 7Subject to Section 20.44.070 (Homes Emphasizing Special Services, Treatment, or Supervision). 8Subject to Section 20.44.034 (Wireless Communications Facilities) 9Subject to Section 20.44.110 (Permits for Land Clearing) 10Use allowed in the Public/Semi-Public district when it is conducted by a public/semi-public agency for the benefit of the general public. 11Such uses allowed only if in compliance with the intent of the zone as established in Section 20.36.034 (Aviation Flightline District Established). 12Such uses allowed only if in compliance with the intent of the zone as established in Section 20.36.036 (Medical Services District Established). City of Arlington 20.40 -31 February 2016 November 2017 13Subject to Section 20.44.096 (Penal and Correctional Facilities). 14Subject to Section 20.44.016 (Mixed Use Developments). 15Subject to Section 20.44.084 (Stand Alone Office Uses in the General Industrial Zone). 16Subject to Section 20.44.062 (Trade or Vocational Schools in the OTB-1). 17Subject to Section 20.38.070 (Restrictions on Certain Use Classifications on Arlington Airport Property). 18Subject to Section 20.38.080 (Performance Standards and Miscellaneous Restrictions). 19Subject to Section 20.44.066 (Storage Surfaces for Scrap Materials Salvage Yards, Junkyards, Automobile Graveyards and Automobile Recycling Facilities). 20Subject to Section 20.44.032 (Master Planned Neighborhood Developments). .22Only sales of beverages and sales of foods prepared off site and not principally in a kitchen on the premises. 23Battery charging stations only, limited in use only to the tenants or customers of the development located on - site. 24Level 1 and Level 2 restricted electric charging stations only. Level 3 public ele ctric charging stations allowed in public parks. 25Level 1 and Level 2 restricted electric charging stations only. 26Accessory to primary use only, not to exceed twenty percent of primary use. 27Subject to the requirements of AMC Chapter 20.38 (Airport Protection District) 28No outside storage allowed (Ord. 1454 § 10, 2008; Ord. 1450 § 1, 2008; Ord. 1449 § 1, 2008; Ord. 1441 § 2, 2007; Ord. 1438 § 9, 2007; Ord. 1411 § 33, 2007; Ord. 1393 § 5, 2006; Ord. 1392 § 7, 2006; Ord. 1309 § 5(part), 2003, Ord. No. 2015-021, Ord. No. 2016-003). (Ord. No. 2010-001, § 4(Exh. A), 1-8-2010; Ord. No. 2011-002, 2-7-2011; Ord. No. 2011-026, § 3, 10-3-2011; Ord. No. 2012-012, § 1, 7-2-2012; Ord. No. 2013-010, § 3, 8-5-2013; Ord. No. 2014-002, § 3, 2-3-2014; Ord. No. 2014-015, § 3, 10-6-2014, Ord. No. 2015-021, Ord. No. 2016-003) November 2017 Page 1 20.08.010 - Definitions of basic terms. Unless otherwise specifically provided, as when a particular chapter contains its own definition section, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this title. "Abandonment" means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. "Abutting" means having a common border with, or being separated from such common border by an alley or easement. "Access" means a means of vehicular, pedestrian, or other ingress and egress to a lot or parcel. "Access easement" means an easement dedicated primarily for ingress/egress to one or more lots, although utility lines may also be placed within the easement, and within which the parking of vehicles is prohibited. "Access tract" means a privately owned tract of land whose sole function is to provide access to abutting properties and over which an access easement has been dedicated. A single-family residential access tract or easement serves or is designed to serve not more than four dwelling units and is expected to or does handle up to 40 average trips per day. A non-single-family residential access tract or easement is a private road internal to a single non - single-family residential development intended to provide access to the public or r ear-lot property owners. Such "private roads" can only be used where, in the opinion of the public works director, there is no potential or need for connection of public streets from one side of a property to another. The permit-issuing authority must approve their use. "Accessory antenna device" means antennae that are less than twelve inches in height or width, excluding the support structure. Examples include, but are not limited to, test mobile antennae or global positioning system (GPS) antennae. "Accessory building." See Building, accessory. "Accessory use." (See Section 20.40.050, Accessory Uses) "Addition (to an existing building)" means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common wall other than a firewall. Any walled and roofed addition that is connected by a firewall or is separated by independent perimeter walls is considered to be new construction. "Adjacent" means that which lies near or close to, not widely separated nor nec essarily touching. "Adjacent property owner" means any property owner of record, according to the records of the county assessor, whose property adjoins or abuts property proposed for division or any portion thereof, or whose property is within three hundred feet of the property proposed for division. "Adjoining" means that which is joined or united and actually touching. "Adult entertainment." (a) "Adult entertainment establishments" means adult motion picture theaters, adult drive -in theaters, adult bookstores, adult cabarets, adult video stores, adult retail stores, adult massage parlors, adult sauna parlors, or adult bathhouses, which are defined as follows: (1) "Adult bath house" means a commercial bathhouse, which excludes any person by virtue of age from all or any portion of the premises; (2) "Adult bookstore" means a retail establishment in which: November 2017 Page 2 (A) Ten percent or more of the "stock-in-trade" consists of books, magazines, posters, pictures, periodicals or other printed materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and (B) Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold. (3) "Adult cabaret" means a commercial establishment that presents go-go dancers, strippers, male or female impersonators, or similar types of entertainment and which excludes any person by virtue of age from all or any portion of the premises. (4) "Adult massage parlor" means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age from all or any portion of the premises in which such services is provided. (5) "Adult motion picture theater" means an establishment, place (indoor or outdoor), building, enclosure, or portion thereof, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. (6) "Adult retail store" means retail establishment in which: (A) Ten percent of more of the "stock-in-trade" consists of books, magazines, posters, pictures, periodicals or other printed materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" o r "specified anatomical areas"; and (B) Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold. (7) "Adult sauna parlor" means a commercial sauna establishment that excludes any person by virtue of age from all or any portion of the premises. (8) "Adult video store" means a retail establishment in which: (A) Ten percent of more of the "stock-in-trade" consists of books, magazines, posters, pictures, periodicals or other printed materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and (B) Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold. (b) "Specified anatomical areas" means: (1) Less than completely and/or opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; (2) Human male genitals in a discernibly turgid state even if completely or opaquely covered. (c) "Specified sexual activities" means: (1) Acts of human masturbation, sexual intercourse, or sodomy; or (2) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or (3) Human genitals in a state of sexual stimulation or arousal. (d) "Stock-in-trade" means: (1) The retail dollar value of all products, equipment, books, magazines posters, pictur es, periodicals, prerecorded video tapes, discs, or similar material readily available for purchase, November 2017 Page 3 rental, viewing, or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or (2) The number of titles of all products, equipment, books, magazines, porters, pictures, periodi cals, other printed materials, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing, or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons. "Adult family home" means a regular family abode in which a person or persons provides personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. "Agriculture land" means land used for commercial production (as shown by financial record) of horticultural, viticultural, floricultural, dairy, apiary, or animal products, or of vegetables, Christmas trees, berries, grain, hay, straw, turf, seed, or livestock, and that has long-term (six years or longer) commercial significance for agricultural production. "Agriculture" means the tilling of soil, the raising of crops, horticulture, viticulture, small livestock farming, pasturing, grazing, poultry, dairying and/or animal husbandry, including all uses customarily incidental thereto except small animal husbandry. "Agency with jurisdiction" means an agency with authority to approve, veto, or finance all or part of a SEPA-nonexempt proposal (or part of a proposal). The term does not include an agency authorized to adopt rules or standards of general applicabilit y that could apply to a proposal, when no license or approval is required from the agency for the specific proposal. The term also does not include a local, state, or federal agency involved in approving a grant or loan, that serves only as a conduit betwe en the primary administering agency and the recipient of the grant or loan. Federal agencies with jurisdiction are those from which a license or funding is sought or required. "Airport" means any area of land or water designed and set aside for the landing and take-off of aircraft, including all necessary facilities for the housing and maintenance of aircraft. "Alterations" means a change or rearrangement of the structural parts of existing facilities, or an enlargement by extending the site or increasing the height or depth, or moving from one location to another. In buildings for business, commercial, industrial or similar uses, the installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration. "Alley" means a public or private way permanently reserved as a secondary means of access to abutting property. "AMC" means the Arlington Municipal Code. "Antenna" means any system of poles, panels, rods, reflecting discs or similar devices use d for the transmission or reception of radio frequency signals. (1) Omni-directional antenna (also known as a "whip" antenna) transmits and receives radio frequency signals in a three hundred sixty degree radial pattern. For the purpose of this document, an omni-directional antenna is up to fifteen feet in height and up to four inches in diameter. (2) Directional antenna (also known as a "panel" antenna) transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty degrees. (3) Parabolic antenna (also known as a dish antenna) is a bowl-shaped device for the reception and/or transmission radio frequency communications signals in a specific directional pattern. "Applicant" means a person, partnership, corporation, or other legal entity who applies for any approval under this Title and who is an owner of the subject property or the authorized agent of the owner. The applicant for a project permit is deemed to be a participant in any comment period, open record hearing, or closed record appeal. "Appropriate" means that which is compatible with a facility's natural, cultural, or recreational resources, recognizing the purpose of the established area. November 2017 Page 4 "Aquaculture" means the cultivation of aquatic plants and/or animals for human use or consumption. Aquaculture may include hatcheries, marine crop production, and other similar uses that occur in either fresh or salt water. "Aquifer" means a groundwater bearing geologic formation or formations that contains sufficient amounts of saturated material to yield water. "Aquifer recharge area" means a body of permeable materials that collects precipitation or surface water and transmits it to the aquifer. "Arterial street." See Street, arterial. "Awning" means any movable roof -like structure cantilevered, or otherwise entirely supported from a building, so constructed and erected as to permit its being readily and easily detached, moved, or rolled or folded back to a position flat against the building or a cantilevered projection thereof. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also known as the one hundred-year flood. "Best management practice (BMP)." (1) When associated with stormwater management means physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water. (2) When associated with groundwater protection means a written plan outlining accepted practices, such as liquid containment, transfer practices, and emergency procedures whose purpose is to prevent contamination from contaminated land uses; for instance, monitoring and secondary containment for underground storage tanks. (3) When associated with environmentally critical areas, BMPs are the best available conservation practices or systems of practices and management measures that: (A) Control soil loss and protect water quality from degradation caused by nutrients, animal waste, toxins, and sediment; and (B) Minimize adverse impacts to surface water and groundwater flow, circulation pattern s, and to the chemical, physical, and biological characteristics of critical areas. "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, wh ich meets or exceed any standards, codes, and regulations set forth in Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. "Battery electric vehicle (BEV)" means any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle's batteries, and produces zero emissions or pollution when stationary or operating. "Battery exchange stations" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540. "Billboard" means an off-premises sign owned by a person, corporation, or other entity that engages in the business of selling the advertising space on that sign. "Binding site plan" means a drawing to a scale specified in this title which: (a) Iden tifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified herein; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established in this title; and (c) contains provisions making any development be in conformity with the site plan. "Block" means a group of lots, tracts, or parcels within well-defined and fixed boundaries. November 2017 Page 5 "Boarding house" means a residential use consisting of at least one dwelling unit together with more than two rooms, but not more than four, that are rented or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units, primarily evidenced by not having separate kitchen facilities. A rooming house or boarding house is distinguished from a tourist home in that the former is designed to be occupied by longer -term residents (at least month-to-month tenants) as opposed to overnight or weekly guests. "Bog" means a wetland with limited drainage and generally characterized by extensive peat deposits and acidic waters. Vegetation can include, but is not limited to, sedges, sphagnum moss, eriogonums, shrubs, and trees. "Bond" means a written certificate guaranteeing to pay up to a specified amount of money if specified work is not performed; or any similar mechanism whereby the city has recourse to an identified fund from which to secure performance of specified work. "Boundary line adjustment" means a division made for the purpose of alteration by adjusting boundary lines between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division. "Buffer (to an environmentally critical area)" means land that surrounds and protects a critical area from adverse impacts to its functions and values or which provide a margin of safety through protection of slope stability, attenuation of surface water flows, and landslide hazards reasonably necessary to minimize risk to the public from loss of life or well-being or property damage resulting from natural disasters; or an area which is an integral part of a stream or wetland ecosystem and which provides shading, input of organic debris and coarse sediments, room for variation in stream or wetland edge, habitat for wildlife and protection from harmful intrusion necessary to protect the public from losses suffered when the functions and values of aquatic resources are degraded. "Buffer (to reduce impacts between uses)" means an area, often landscaped, intended to separate and partially obstruct the view of two adjacent land uses or properties from one another, or intended to reduce the impact of noise levels generated on one property from the surrounding properties and intended to enhance the level of safety and promote the aesthetic qualities of the area. "Building" means a structure designed to be used as a place of occupancy, storage, or shelter. "Building, accessory" means a minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use. "Building, principal" means the primary building on a lot or a building that houses a principal use. "Building permit" means an official document or certification that is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. "Bulk" means the term used to describe the size of buildings or other structures, and their relationship to each other and to open areas and lot lines. "Cannabis" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. For the purposes of this definition, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted there from, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The term "cannabis" includes cannabis products and useable cannabis. "Cannabis collective garden" means a garden where "qualifying patients" as described in Sec. 403 of Engrossed Second Substitute Senate Bill 5073 and Chapter 181, Laws (of the State of Washington) of 2011 may engage in the production, processing, and/or delivery of cannabis for medical use. "Cannabis dispensary" means any facility or location where cannabis is grown, produced, manufactured or made available and/or distributed. November 2017 Page 6 "Canopy" means a roof-like structure made of any material that projects from the wall of a building and overhangs a sidewalk or walkway. "Capital facility plan" means the most recently adopted capital facilities plan, as now in existence or as hereinafter amended. "Carrying capacity" means the maximum number of units that can be accommodated by a facility without reducing the efficiency of that facility. Carrying capacity is used to meas ure the ability of a facility to accommodate more units. For example, the carrying capacity of a roadway is the maximum number of vehicles that can pass over a given section of a lane in one direction during a given time period. For recreation areas, the carrying capacity is the number of persons that can use the elements (play equipment, basketball courts, benches, etc.) at any given point in time. "Certify" means whenever this title requires that some agency certify the existence of some fact or circumstance to the city, the city may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the city may accept certification by telephone from some agency when the circumstances warrant it, or the city may require that the certification be in the form of a letter or other document. "Charging levels" means the standardized indicators of electrical force, or voltage, at which an elec tric vehicle's battery is recharged. The terms 1, 2, and 3 are the most common EV charging levels, and include the following specifications: (1) Level 1 is considered slow charging. (2) Level 2 is considered medium charging. (3) Level 3 is considered fast or rapid charging. Level 1 is present in homes and businesses and typically operates on a fifteen- or twenty-amp breaker on a one hundred twenty-volt alternating current (AC) circuit and standard outlet. Level 2 is expected to become the standard for home and public charging and typically operates on a forty-amp to one hundred-amp breaker on a two hundred eight or two hundred forty-volt AC circuit. Level 3 is primarily for commercial and public applications (e.g., taxi fleets and charging along freeways) and typically operates on a sixty-amp or higher dedicated breaker on a four hundred eighty- volt or higher three-phase circuit with special grounding equipment. Note that the term "Level 3" is recommended to identify the increased power need in a numerical fashion (i.e., "3"), but the Level 3 charging level is also sometimes referred to as "Fast" charging and "Rapid" charging (see definition of rapid charging station below). "Child care home, special needs" means a home for orphaned, abandoned, dependent, abused, or neglected children, who as a group meet the definition for a family. "Child care institution" means an institutional facility housing more than nine orphaned, abandoned, dependent, abused, or neglected children. "Circulation area" means that portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area. "City" means the city of Arlington. "Clearing" means the destruction and removal of vegetation by manual, mechanical, or chemical methods. "Collector arterial street." See Street, collector arterial. "Combination use" means a use consisting of a combination on one lot of two or mo re principal uses separately listed in the Table of Permissible Uses, Section 20.40.010 (Table of Permissible Uses). (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. See Section 20.40.050 (Accessory Uses). In addition, when two or November 2017 Page 7 more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a combination use.) "Communication facility, wireless, attached" means a wireless communication facility that is affixed to an existing structure and is not considered a component of the structure to which it is attached. "Community development director" means the director of the department of community development. "Compatible" means tor the purposes of this title, a project may be found to be compatible with the area in which it is located in terms of design and use when it meets the following criteria: (1) Compatibility of design—Where a project is subject to the city's development design guidelines or design regulations within this title it is presumed to be compatible with the neighborhood in terms of design when it is found to be in conformance with those guidelines or regulations, even if it does not resemble existing development, as it is the intent of the city council that neighborhoods should eventually develop or redevelop according to those design specifications . Where a project is not subject to those design guidelines or regulations, it may be found to be compatible with the neighborhood in terms of design when it generally conforms to the architectural aspects (i.e., those aspects addressed in the Development Design Guidelines) of the existing development. (2) Compatibility of use—A project may be found to be compatible with the existing uses of a neighborhood if it causes no significant impacts on surrounding uses or, if it could cause significant impacts, that those impacts have been mitigated through project design or by conditioning the permit to restrict or limit certain aspects of the use so as to minimize those impacts. "Comprehensive plan" means the city's adopted Growth Management Act Comprehensive Pl an, including the land use plan, as now in existence or as hereinafter amended. "Conditional use permit" means a permit issued by the hearing examiner that authorizes the recipient to make use of property in accordance with the requirements of this title as well as any additional requirements imposed by the council. "Condominium" means a form of ownership of property where the purchaser acquires title to a part of a building, space, and/or a portion of land, and an undivided interest in the common areas a nd facilities. This is distinguished from a cooperative, where the purchaser usually acquires stock that represents his interest in the property. Where the building so acquired consists of bedrooms with individual baths or combined bedrooms and living room s with individual baths and/or has separate entrances for each unit, each unit shall be considered a separate dwelling unit for the purposes of this Code. "Consistency" means for the purpose of reviewing a project per ESHB 1724, the term 'consistency' shall include all terms used in Chapter IV of that bill and chapter 36.70A RCW to refer to performance in accordance with Chapter IV of that bill and chapter 36.70A RCW, including but not limited to compliance, conformity, and consistency. "Contiguous" means lands are contiguous if they actually adjoin each other and share a common boundary. "Convenience store" means a one-story, retail store containing less than three thousand square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). It is designed to attract and depends upon a large volume of stop-and-go traffic. Illustrative examples of convenience stores are those operated by the "Arco AM/PM" and "7/11" chains. "Council" means the city council of the city of Arlington. "County auditor" means as defined in Chapter 36.22 RCW or the office or person assigned such duties under a county charter. November 2017 Page 8 "County road." See Street, county road. "County treasurer" means as defined in Chapter 36.29 RCW or the office or person assigned such duties under a county charter. "Critical Area Protection Easement (CAPE)." See Native Growth Protection Easement (NGPE). "Critical areas" means aquifer recharging areas, fish and wildlife habitats, frequently flooded areas, geologically hazardous areas, wetlands, and streams, as defined in this chapter. "Critical habitat" means habitat necessary for the survival of endangered, threatened, sensitive, candidate, or monitor species as listed by the federal government or the state of Washington. "Cul-de-sac." See Street, cul-de-sac. "Day care center, commercial" means any child care arrangement that provides day care on a regular basis for more than twelve children of whom at least one is unrelated to the provider. "Day care, in-home" means any child care arrangement that provides day care on a regular basis for less than twelve children of whom at least one is unrelated to the provider. "Decision" means written notification to an applicant that his or her permit application has been approved or denied. "Dedication" means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a quitclaim, deed, or a final pla t or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by council action or the approval of such plat for filing by the appropriate governmental unit. "Design storm" means a prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical storm of interest or concern for the purposes of analyzing existing drainage, designing new drainage facilities or assessing other impacts of a proposed project on the flow of surface water. (A hyetograph is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs.) "Developable (e.g., land, acres)" means land on which development can occur per the regulations of this and other titles of the Arlington Municipal Code. Specifically, lands that are considered environmentally critical areas per Chapter 20.88 (Environmentally Critical Areas) are not considered developable. "Developer" means a person who is responsible for any undertaking that requires a permit. "Development" means any construction, development, earth movement, clearing, or other site disturbance, which requires a permit, approval or authorization from the city. "Diameter at breast height (dbh)" means the diameter of a tree at four and one -half feet above the ground. "Dimensional nonconformity" means a nonconforming situation that occurs when the height, size, floor space, lot coverage, or other dimensional requirements of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located. “Distribution center” means a warehouse or other specialized building, often with refrigeration or air condition, which is stocked with products (goods) to be redistributed to retailers, to wholesalers, or directly to consumers. The distribution center is used to receive, store temp orarily, and redistribute goods, based on received customer orders. "Driveway" means that portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area. "Duplex." See Residence, duplex. November 2017 Page 9 "Dwelling unit" means an enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as a permanent residence by one or more people. "Easement" means land that has specific air, surface, or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property. "Effective date of this chapter" means whenever this title refers to the effective date of t his chapter, the reference shall be deemed to include the effective date of the chapter as originally adopted, or the effective date of an amendment to it if the amendment creates a nonconforming situation. "Effective date of this title" means whenever this title refers to the effective date of this title, the reference shall be deemed to include the effective date of any amendments to this title if the amendment, rather than this title as originally adopted, creates a nonconforming situation. "Electric scooters and motorcycles" means any two or three-wheel vehicle that operates exclusively on electrical energy from an off -board source that is stored in the vehicle's batteries and produces zero emissions or pollution when stationary or operating. "Electric vehicle" means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. "Electric vehicle" includes: (1) a battery electric vehicle [BEV]; (2) a plug-in hybrid electric vehicle [PHEV]; (3) a neighborhood electric vehicle; and (4) medium -speed electric vehicle. "Electric vehicle charging station" means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use. "Electric vehicle charging station—Public" means an electric vehicle charging station that is (1) publicly owned and publicly available (e.g., Park and Ride parking, public library parking lot) or (2) pr ivately owned and publicly available (e.g., shopping center parking, non-reserved parking in multi-family parking lots). "Electric vehicle charging station—Restricted" means an electric vehicle charging station that is (1) privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the general public). "Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. "Electric vehicle parking space" means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. "Electric vehicle waiting space" means an off-street parking space where an electric vehicle, plug-in hybrid electric vehicle, electric scooters, and motorcycles wait to use a public electric vehicle charging station. "Environmentally critical areas (ECAs)" includes critical areas or natural resource lands. "Expenditure" means a sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to m ake future expenditures, as well as any other substantial changes in position. "Facade" means the front of a building, particularly that part of a building facing a street or courtyard. "Family." (1) Individuals consisting of two or more persons related by genetics, adoption, or marriage, or a group of five or fewer persons who are not related by genetics, adoption, or marriage and none of whom are wards of the court unless such wards are related by genetics, adoption, or marriage to all of the members of such group living in a dwelling unit. November 2017 Page 10 (2) The term "family" shall include: (A) State licensed adult family homes required to be recognized as residential use pursuant to RCW 70.128.175; (B) State licensed foster family homes and group care facilities a s defined in RCW 74.15.180, subject to Subsection (3) below; (C) Group homes for the disabled required to be accommodated as residential uses pursuant to the Fair Housing Act amendments as the same exists or is hereafter amended. (3) The term "family" shall exclude individuals residing in halfway houses, crisis residential centers as defined in RCW 74.15.020(3)(g), group homes licensed for juvenile offenders, or other facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to a court order under the supervision of paid staff and personnel. "Feasible" in the context of low impact development (LID) shall be determined by evaluation against: (1) Design criteria, limitations, and infeasibility criteria identified for each LID facility in the Washington Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW); and (2) Competing needs criteria listed in Chapter 5 of Volume V of the SWMMWW. "Fen" means wetlands that have the following characteristics: Peat soils sixteen inches or more in depth (except over bedrock); and vegetation such as certain sedges, hardstem bulrush and cattails; fens may have an overstory of spruce and may be associated with open water. "Final plat" means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in RCW 58.17 and in this title. "Floodplain" means any land area susceptible to be inundated by water from the base flood. As used in this title, the term generally refers to that area designated as subject to flooding from the base flood (one hundred-year flood) on the most recently adopted "Flood Insurance Rate Map" prepared by the Federal Emergency Management Agency, a copy of which is on file in the planning department. "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. As used in this title, the term refers to that area designated as a floodway on the most recently adopted "Flood Insurance Rate Map" prepared by the U.S. Federal Emer gency Management Agency, a copy of which is on file in the planning department. "Floor area, gross" means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage. "Floor area, ground" means the square footage area of a building within its largest outside dimensions, exclusive of open porches, breezeways, terraces, patios, swimming pools, parking areas, driveways, garages, exterior stairways, secondary stairways, and drive -through teller lanes or walk-up windows of financial institutions only. Ground floor area is the total building area used in determining the percentage of lot coverage. "Floor area, net" means the area considered habitable space, not including accessory unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toilet rooms, mechanical areas, or other similar features. "Floor area ratio (F.A.R.)" means the horizontal area of all of the floors of any building or buildings on a lot, divided by the area of such lot, or in the case of planned unit developments, by the net lot area. Where off-street parking is provided in the principal building or in a building on a lot across a street or alley from the principal building, the area of the lot upon which such building providing off -street parking is provided may be included in determining the permitted floor area of the principal building. Space provided within a building for off-street parking shall not be counted in determining the floor area of such building. November 2017 Page 11 "Floor area, usable" means any floor area within the outside wall of a building exclusive of areas in cellars, basements, unfinished attics, garages, open porches, and accessory buildings. "Freestanding sign." See Sign, freestanding. "Frontage street." See Street, frontage. "Gambling establishments" means any establishment that operates or conducts any games played with cards, roulette wheels, dice, craps, slot machines, mechanical, electro -mechanical or electronic amusement devices or machines for money, property, checks, credit, or any representative of value including, without limiting the generality of the foregoing, baccarat, faro, Monte, poker, keno, black jack, bingo, fan-tan, twenty-one, seven-and-a-half, big injun, Klondike, chuck-a-luck, wheel of fortune, chenin de fer, pai gow, beat the banker, and panguingui and similar games of change for the return of money, cash, or prizes, or anything that could be redeemed for money, cash, or prizes. This definition does not apply to games of chance operated by charitable organizations licensed under state law nor to state licensed video lottery terminals, or to those activities permitted under AMC 3.32, Gambling Tax. "G.I.S." means geographic information system. "GMA" means the Growth Management Act, Chapter 17, Laws of the State of Washington of 1990, 1 st Ex. Sess., as now in existence or as hereafter amended. "G.P.S" means global positioning system. "Grade" means the established grade of the street or sidewalk as prescribed by the department of public works. Where no such grade has been established, the grade shall be the average computed by a licensed land surveyor at the sidewalk at the property line. Where no sidewalk exists, the grade shall be established in the same manner on the street adjacent to the property line. "Gradient terrace" means an earth embankment or a ridge-and-channel constructed with suitable spacing and an acceptable grade to reduce erosion damage by intercepting surface runoff and conduc ting it to a stable outlet at a stable non-erosive velocity. "Gross floor area." See Floor area, gross. "Gross leasable area (GLA)." See Leasable area, gross. "Ground floor area." See Floor area, ground. "Groundwater" means the portion of water contained in interconnected pores or fractures in a saturated zone or stratum located beneath the surface of the earth or below a surface water body. "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a habitable floor. "Halfway house" means a home for a group of people meeting the definition for a family who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct, and all of whom are living together as a single family unit. "Handicapped or infirm home" means a residence within a single dwelling unit for a group of people meeting the definition for a family who are physically or mentally handicapped or infirm, all of who are living together as a single family unit. Persons residing in such homes, including the aged and disabled, principally need residential care rather than medical treatment. "Hazardous tree" means any tree that poses an imminent danger to persons or property. Existence of the hazardous condition must be provided in writing by a state certified arborist. "Hearing examiner" means a person appointed by the city on a case-by-case basis to conduct public hearings, make decisions, and to prepare a record and findings of fact and conclusions on those permit applications outlined in this Title. "Hearing officer" means the person, or chair of the board, before which a hearing is being held. This can be the community development director, the chair of the planning commission, the hearing examiner, or city council. November 2017 Page 12 "High-volume traffic generation." See Traffic generation, high volume. "Home occupation" means a commercial activity that: (i) is conducted by a person on the same lot (in a residential district) where such person resides, and (ii) is not so insubstantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use (see Section 20.40.050 (Accessory Uses), but that can be conducted without any significantly adverse impact on the surrounding neighborhood. Without limiting the generality of the foregoing, a use may not be regarded as having an insignificantly adverse impact on the surrounding neighborhood if: (i) goods, stock in trade, or other commodities are displayed, (ii) any on-premises retail sales occur, (iii) more than one person not a resident on the premises is employed in connection with the purported home occupation, (iv) it creates objectionable noise, fumes, odor, dust or electrical interference, (v) the use would typically generate significantly more traffic than is typically associated with a residential neighborhood , or (vi) more than twenty-five percent of the total gross floor area of residential buildings plus other buildings housing the purported home occupation, or more than five hundred square feet of gross floor area (whichever is less), is used for home occupation purposes. The following is a non-exhaustive list of examples of enterprises that may be home occupations if they meet the foregoing definitional criteria: (i) the office or studio of a physician, dentist, artist, musician, lawyer, architect, engineer, teacher, or similar professional, (ii) workshops, greenhouses, or kilns, (iii) dressmaking or hairdressing studios. The following is a non-exhaustive list of examples of enterprises that may not be home occupations: (i) veterinarians, (ii) clinics, (iii) auto repair, (iv) auto sales, or (v) real estate offices, or (vi) any use that would cause similar impacts. "Homeowners' association" means a private, nonprofit corporation of homeowners of a fixed area constituted for the purpose of owning, operating, and maintaining various common properties. "Immediate vicinity" means with regard to the built or manmade environment, this refers to all development that is within five hundred linear feet of any proposed development, measured in a straight line from the property line that is closest to any existing development. "Impact fee" means a payment of money imposed by the city upon development activity as a condition of issuance of a permit to pay for public facilities needed to serve new growth and development , and to mitigate the impacts of the development activity on the capital facilities of the city, but does not include any permit or application fee. "Impact fee fund" means the growth management fund of the city created pursuant to AMC Section 3.64.010 (Growth Management Fund Created). "Impervious surface" means as defined in AMC 13.28, Stormwater Management. "Improvement" means any change in a property or structure's physical attributes, or any part of such change. "Incompatible use" means a use that is incapable of existing in harmony with the natural environment or with other uses situated in its immediate vicinity (see Harmony). "Intermediate care home" means a facility maintained for the purpose of providing accommodations for a group of people meeting the definition for a family needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm. "Intermediate care institution" means an institutional facility maintained for the purpose of providing accommodations for more than nine persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provid ed in institutions for the handicapped or infirm. November 2017 Page 13 "Internally illuminated signs" means signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source. Without limiting the generality of the foregoing, signs that consist of or contain tubes that (i) are filled with neon or some other gas that glows when an electric current passes through it and (ii) are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message, shall also be considered internally illuminated signs. "Junk" means any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition. "Junkyard" means any area, lot, land, parcel, building, or structure, or part thereof, used f or the storage, collection, processing, purchase, sale, salvage, or disposal of junk. "Kennel" means a commercial operation that: (i) provides food and shelter and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or (ii) engages in the breeding of animals for sale. "Land clearing" means the cutting, logging, or removal of enough vegetation so that the overall nature of a site's vegetation is altered, except for what would otherwise be considered gardening, landscaping, or yard maintenance on a developed lot or portion of a lot where not all of the lot is developed. For example, selectively logging a few mature trees from many trees would not be considered clearing, whi le logging all mature trees (even if immature ones are left) so that habitat value or shading is altered, shall be considered clearing. Another example of clearing would be to grub or remove all groundcover (blackberries, etc.) over the area limits specified in Section 20.44.100 (Permits for Grading and Filling), Section 20.44.110 (Permits for Land Clearing), and Section 20.44.120 (Restrictions and Requirements), while partial grubbing of this area may not be. "Lattice tower." See Wireless communications facility, lattice tower. "Leasable area, gross (GLA)" means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet and measured from the center line of joint partitions and from outside wall faces. GLA is that area on which the tenants pay rent; it is the area producing income to the landlord. GLA includes all areas less common areas. (See Common Area.) "LID facilities" or "low impact development facilities" are distributed stormwater management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to: bioretenti on, rain gardens, permeable materials, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re-use. "Loading and unloading area" means that portion of the vehicle accommodation area used t o satisfy the requirements of Section 20.72.100 (Loading and Unloading Areas). "Local access street." See Street, local access. "Local collector street." See Street, local collector. "Lot" means a fractional part of divided lands having fixed boundaries , being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. If a public body or any authority with the power of eminent domain condemns, purchases, or otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained or the road so created is such as effectively to prevent the use of this parcel as one lot, then the land on either side of this strip shall constitute a separate lot. November 2017 Page 14 Subject to Section 20.32.020 Nonconforming Lots), the permit -issuing authority and the owner of two or more contiguous lots may agree to regard the lots as one lot if necessa ry or convenient to comply with any of the requirements of this code. "Lot area" means the total area circumscribed by the boundaries of a lot, except that: (i) when the legal instrument creating a lot shows the boundary of the lot extending into a public street right -of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if the right-of- way line cannot be determined, a line running parallel to and thirty feet from the center of the traveled portion of the street. "Lot coverage" means that percentage of a lot which woul d be covered by a structure or structures, excluding allowed projecting eaves. Paved areas, such as driveways, patios, and walkways at or below grade level shall not be calculated. Decks exempted by the building code are also not calculated. Lot coverage shall not exceed maximum allowance per Chapter 20.48, Table 20-48.1 Density and Dimensional Standards. If lot coverage exceeds maximum allowance, development may need additional drainage improvements as required by city engineer. "Low impact development (LID)" is a stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distri buted stormwater management practices that are integrated into a project design. "Low-volume traffic generation." See Traffic generation, low volume. "Macro facility." See Wireless communications facility, macro facility. "Major trail." See Trail, major. "Marijuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include; (1) The mature stalks of the plant; (2) Fiber produced from the mature stalks of the plant; (3) Oil or cake made from the seeds of the plant; (4) Any other compound, manufacture, salt, derivative, m ixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake; or (5) The sterilized seed of the plant which is incapable of germination. "Marijuana-infused products" means products that contain marijuana or marij uana extracts and are intended for human use. The term "marijuana-infused products" does not include useable marijuana. "Marijuana, useable" means dried marijuana flowers. The term "useable marijuana" does not include marijuana-infused products. "Marijuana production" means a facility licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. "Marijuana processing" means a facility licensed by the state liquor control board to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesales to marijuana retailers". "Marijuana retail" means a facility licensed by the state liquor control board to sell useable marijuana and marijuana-infused products in a retail outlet. "Medium-speed electric vehicle" means a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than twenty-five miles per hour but not more than thirty-five miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 C.F.R. Sec. 571.500. November 2017 Page 15 "Micro facility." See Wireless communications facility, micro facility. "Mini facility." See Wireless communications facility, mini facility. "Mining" means the development or extraction of a mineral from its natural occurr ences on affected land. "Minor trail." See Trail, minor. "Mitigation" means an action or combination of actions that avoids, minimizes, or compensates for adverse impacts to critical areas or sensitive resources. Mitigation is considered in the following order of preference: (1) Avoiding the impact altogether by not taking a certain action or parts of an action; (2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking aff irmative steps to avoid or reduce impacts; (3) Rectifying the impacts by repairing, rehabilitating, or restoring the affected environment; (4) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; (5) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; (6) Monitoring the impact and the compensation project and taking appropriate corrective measures. "Mobile or manufactured home" means a dwelling unit that: (i) is not constructed in accordance with the standards set forth in the Uniform Building Code applicable to site-built homes, and (ii) is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis, and (iii) exceeds forty feet in length and eight feet in width. "Mobile home, Class A" means a mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria: (1) The home has a length not exceeding four times its width; (2) The pitch of the home's roof has a minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction; (3) The exterior siding consists of wood, hardboard, or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard res idential construction; (4) A continuous, permanent masonry foundation, un-pierced except for required ventilation and access, is installed under the home; and (5) The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy. "Mobile home, Class B" means a mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a Class A mobile home. "Mobile home, class C" means any mobile home that does not meet the definitional criteria of a Class A or Class B mobile home. "Mobile home park" means a residential use in which more than one mobile or manufactured home is located on a single lot. November 2017 Page 16 "Modular home" means a dwelling unit constructed in accordance with the standards set forth in the Uniform Building Code applicable to site-built homes and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two sections transported t o the site in a manner similar to a mobile home (except that the modular home meets requirements of the Uniform Building Code applicable to site-built homes), or a series of panels or room sections transported on a truck and erected or joined together on the site. "Mobile sales and delivery" means sales and delivery of goods or services from a mobile structure, either motorized or not. Mobile sales and delivery are not intended for uses set up in one location on a semi-permanent basis, but rather for uses that frequently move from one place to another. "Monopole I." See Wireless communications facility, monopole I. "Monopole II." See Wireless communications facility, monopole II. “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. "Native Growth Protection Easement (NGPE)" means an easement granted to the city for the protection of native vegetation within a critical area or its associated buffer. "Net floor area." See Floor area, net. "Neighborhood electric vehicle" means a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than twenty miles per hour and not more than twenty- five miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500. "Nonconforming lot" means a lot existing at the effective date of this title (and not created for the purposes of evading the restrictions of this title) that does not meet the minimum area requirement of the district in which the lot is located. "Nonconforming project" means any structure, development, or undertaking that is incomplete at the effective date of this title and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned. "Nonconforming sign." See Sign, nonconforming. "Nonconforming situation" means a situation that occurs when, on the effective date of this title, any existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other pos sibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this title, or because land or buildings are used for purposes made unlawful by this title. Nonconforming signs shall not be regarded as nonconforming situations for purposes of Chapter 20.32 (Nonconforming Situations) but shall be governed by the provisions of Section 20.68.150 (Nonconforming Signs) and Section 20.68.160 (Amortization of Nonconforming Signs). "Nonconforming use" means a nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that co nstitutes the use made of the property. (For example, all the activity associated with operating a retail-clothing store in a residentially zoned area constitutes a nonconforming use.) November 2017 Page 17 "Non-electric vehicle" means any vehicle not defined as an electric ve hicle as defined above under 'electric vehicle'. "Nuisance" means the use of property or course of conduct that interferes with the legal rights of others which causes damage, annoyance, inconvenience, or tends to injure the health, safety, or morals of t he city's residents. "Nursing care home" means a facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than nine persons. "Nursing care institution" means an institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than nine persons. "Occupied" means containing any person or persons for any period exceeding two hours in any twenty- four hour period. "Occupied space" means an area enclosed or covered providing a ceiling height of seven feet six inches or more, intended for normal use by people on an occasional or more frequent basis. Occupied space may include basements, cellars, penthouses, and interior balconies or mezzanines if the space is intended for use or habitation. "Off-premises sign." See Sign, off-premises. "On-premises sign." See Sign, on-premises. "Open drainage facility" means an above ground facility, such as a pond or bioretention cell, that temporarily stores stormwater runoff. "Ordinary high water mark" means that mark that will be found by examining the bed and ban ks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by the city or the department of ecology: provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark shall be the line of mean high water. "Owner" means all persons, partnerships, corporations, and other legal entities that have an ownership interest (including purchasers and sellers under a real estate contract if the contract is reco rded) in the subject property. "Parking area aisles" means a portion of the vehicle accommodation area consisting of lanes providing access to parking spaces. "Parking space" means a portion of the vehicle accommodation area set aside for the parking of one vehicle. "Pedestrian-way" means a tract or easement whose function is to provide public, pedestrian access traversing property outside of a street right-of-way. In some instances, such tracts or easements may be combined with utility tracts or easements. "Permit-issuing authority" means wherever this code refers to the "permit-issuing authority" it refers to that person, board, office, or institution having jurisdiction over the permit in question, as specified in Chapters 20.12 (Administrative Mechanisms), 20.16 (Permits and Final Plat Approval), 20.20 (Appeals, Variances, Interpretations), and 20.24 (Hearing and Pre -Hearing Procedures For Appeals and Applications). "Person" means an individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit. "Planning jurisdiction" means the area within the city limits as well as any area beyond the city limits within which the city is authorized to plan for and regulate development, as set forth in Section 20.04.030 (Jurisdiction). November 2017 Page 18 "Planning official" means the director of the department of community development or his/her designee. "Plant canopy" means the square footage dedicated to live plant production, such as maintaining mother plants, propagating plants from seed to plant tissue, clones, vegetative for flowering area. Plant canopy does not include areas such as space used for the storage of fertilizers, pesticides, or other products, quarantine, office space, etc. "Plat" means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications. "Plat, final" means the final drawing of the major subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this title. "Plat, preliminary, or plat, preliminary short" means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, dedications, restrictive covenants, and other elements of a subdivision consistent with the requirements of this title. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision. "Plug-in hybrid electric vehicle (PHEV)" means an electric vehicle that (1) contains an internal combustion engine, and also allows power to be delivered to the drive wheels by an electric motor; (2) is able to recharge its battery by connecting to the grid or other off-board electrical source; and (3) has the ability to travel short distances (typically ten miles or more) powered all, or substantially all, by electricity. "Porch, front" means for the purposes of Section 20.48.040(f) (Building Setback Requirements) a front porch is a covered platform at an entrance to a dwelling, having a separate roof, that is not heated or cooled, and that is attached to the outside of a building. "Private alley" means a private access or street, at least sixteen feet of pavement, that provides access to residential parcels or units, and that provides principal access to garages or code -required parking areas. Alleys provide parking and service access, but are not intended for general traffic circulati on. "Public alley" means a public way permanently reserved as a secondary means of access to abutting property. "Public place of adult entertainment" means any exhibition or dance constituting "adult entertainment," as defined in this section, which is f or the use or benefit of a member or members of the adult public, or advertised for the use or benefit of a member or members of the adult public, held conducted, operated or maintained for a profit, direct or indirect. "Public water supply system" means any water supply system furnishing potable water to two or more dwelling units or businesses or any combination thereof. "Quarrying." See Mining. "Rapid charging station" means an industrial grade electrical outlet that allow for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. "Receive-only earth station" means an antenna and attendant processing equipment for reception of electronic signals from satellites. "Repair or maintenance activities" means an action to restore the character, size, or scope of a project only to the previously authorized condition. "Residence, duplex" means a two-family residential use in which the dwelling units share a common wall (including without limitation the wall of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance. "Residence, multi-family" means a residential use consisting of a building containing three or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch). November 2017 Page 19 "Residence, multi-family apartments" means a multi-family residential use other than a multi-family conversion or multi-family townhouse. "Residence, multi-family conversion" means a multi-family residence containing not more than four dwelling units and results from the conversion of a single building containing at least two thousand square feet of gross floor area that was in existence on the effective date of this provision and that was ori ginally designed, constructed and occupied as a single-family residence. "Residence, multi-family townhouses" means a multi-family resident use in which each dwelling unit shares a common wall (including without limitation the wall of an attached garage o r porch) with at least one other dwelling unit and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance. "Residence, primary with accessory dwelling unit" means a residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that is under the same ownership as, and subordinate to the single-family dwelling unit, and that is intended for use as a complete and independent living facility, and that comprises not more than twenty-five percent of the gross floor area of the building nor more than a total of eight hundred square feet. "Residence, single-family attached, one dwelling unit per lot" means a residential use consisting of a single building containing two dwelling units which share a common wall (including without limitation the wall of an attached garage or porch), but located on two separate lots containing no other dwelling units in such a manner that a lot line bisects the building a long the common wall and that each dwelling unit is completely on a separate lot. "Residence, single-family detached, more than one dwelling per lot" means a residential use consisting of two or more single-family detached dwelling units on a single lot. "Residence, single-family detached, one dwelling unit per lot" means a residential use consisting of a single detached building containing one dwelling unit and located on a lot containing no other dwelling units. "Residence, two-family" means a residential use consisting of a building containing two dwelling units. If two dwelling units share a common wall, even the wall of an attached garage or porch, the dwelling units shall be considered to be located in one building. "Residence, two-family apartment" means a two-family residential use other than a duplex, two-family conversion, or primary residence with accessory dwelling unit. "Residence, two-family conversion" means a two-family residence resulting from the conversion of a single building containing at least two thousand square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single -family residence. "Restoration" means action performed to re-establish historic or pre-existing critical area functions and values in areas impacted by human activity. Restoration may include improving some functions and values beyond the historic conditions with commensurate declines in others. "Right-of-way" means land dedicated primarily to the movement of vehicles and/or pedestrians and providing for primary access to adjacent parcels. Secondarily, the land provides space for utility lines and appurtenances and similar components. "Rooming house." (See Boarding house.) "School district" means either the Arlington School District or the Lakewood School District, or both. “Self-Storage Facility” – a development of one or more enclosed structures providing individual 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, commercial, business, or industrial operations. “Self-Storage Facility” shall be considered synonymous with mini-storage. "Servient lot" means any lot which has the burden of providing an access easement for use by other lots. November 2017 Page 20 "Shoreline master program" means the city's land supplemental use plan and regulations for shorelines adopted pursuant to RCW 90.58. "Short subdivision." See Subdivision, short. "Short plat." See Plat, preliminary. "Sign" means any device that (i) is sufficiently visible to persons not located on the lot where such device is located to accomplish either of the objectives set forth in subdivision (ii) of this defi nition; and (ii) is designed to attract the attention of such persons or to communicate information to them. "Signs, blade" means small signs oriented perpendicular to the facade, typically located above or adjacent to the entrance and visible to pedestrian circulation on adjacent sidewalks. Blade signs project directly from the building's facade. "Signs, canopy" means small signs oriented perpendicular or parallel to the facade, typically located above or adjacent to the entrance and visible to pedestrian circulation on adjacent sidewalks. Canopy signs are suspended from a fixed overhead shelter attached to the building's facade. "Sign, changeable text" means permanent sign fixtures on or within which text may be periodically changed (e.g., for short-term sales or specials). While the fixture must be permitted, the text may change without a permit as long as it fits within the dimensional parameters of the fixture. "Sign, freestanding" means a sign that is attached to, erected on, or supported by some st ructure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. A sign that stands without supporting elements, such as a "sandwich board sign," is also a freestanding sign. "Signs, marquee" means signs painted on or attached to a marquee. "Sign, nonconforming" means a sign that, on the effective date of this title, does not conform to one or more of the regulations set forth in this title, particularly Chapter 20.68, Signs. "Sign, off-premises" means a sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists o r is conducted, sold, offered, maintained, or provided at a location other than the premises on which the sign is located. A sign that draws attention to a cause or advocates or proclaims a political, religious, or other noncommercial message shall also be an off-premise sign unless such sign is excluded from regulation under Section 20.68.120 (Miscellaneous Restrictions and Prohibitions). "Sign, on-premises" means a sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided on the premises where the sign is located. "Sign permit" means a permit issued by the building official or community development director that authorizes the recipient to erect, move, enlarge, or substantially alter a sign. "Sign, temporary" means a sign that (i) is used in connection with a circu mstance, situation, or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or (ii) is intended to remain on the location where it is erected or placed for a period of not more than fifteen days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary. "Significant tree(s)." See Tree(s), significant. "Special events" means circuses, fairs, carnivals, festivals, or other types of special events that (i) run for longer than one day but not longer than two weeks, (ii) are intended to or likely to attract substantial crowds, and (iii) are unlike the customary or usual activitie s generally associated with the property where the special event is to be located. "Special needs child care home." See Child care home, special needs. November 2017 Page 21 "Special use permit" means a permit issued by the community development director or the hearing examiner that authorizes the recipient to make use of property in accordance with the requirements of this title as well as any additional requirements imposed by the decision -making authority. "Standard record of survey" means a record of survey form approved by the city of Arlington and in accordance with RCW. 58.09. "State Highway." See Street, State Highway. “Storage, Shipping, or Moving Container” means a reusable container that was originally constructed or was originally manufactured to be used for transport, moving and storage. These units are typically constructed or assembled of, but not limited to canvas, corrugated and weathered steel, or aluminum, and come in varying lengths and heights. They are transported by container ships, trucks, or trains. T his definition is not intended to include garbage and/or recycling containers. "Street" means a public street or a street with respect to which an offer of dedication has been made. "Street, arterial" means a major street in the city's street system that serves as an avenue for the circulation of traffic into, out of, or around the city and carries high volumes of traffic. "Street, arterial (four-lane)" means a four-lane (two driving lanes in both directions) configuration of an arterial. "Street, arterial (five-lane)" means a five-lane (two driving lanes in both directions, plus a center turn lane/median) configuration of an arterial. "Street, collector arterial" means a street whose principal function is to carry traffic between minor, local, and subcollector streets and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than one hundred dwelling units and is designed to be used or is used to carry more than on e thousand average trips per day. "Street, county road" means a street under the jurisdiction of Snohomish County. "Street, cul-de-sac" means a street that terminates in a vehicular turnaround. "Street, frontage" means a street that is parallel to and a djacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial stree t is not impeded by direct driveway access from a large number of abutting properties. Such a street may be classified as a local access, local collector, or collector arterial. "Street, local access" means a street whose sole function is to provide acces s to abutting properties. It serves or is designed to serve not more than twenty-five dwelling units and is expected to or does handle between forty and two hundred fifty average trips per day. "Street, local collector" means a street whose principal func tion is to provide access to abutting properties but is also designed to be used or is used to connect minor and local streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is designed to serve at least twenty-six but not more than one hundred dwelling units and is expected to or does handle between two hundred fifty and one thousand trips per day. "Street, state highway" means a street under the jurisdiction of Washington State Departme nt of Transportation. "Structure" means anything constructed or erected. "Subdivision" means the division or re-division of land into lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership; but the following s hall not be included within this definition nor be subject to the regulations of this title applicable strictly to subdivisions: (i) the public acquisition by purchase or dedication of strips of land for widening or opening streets. "Subdivision, major" means the division or re-division of land into ten or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. November 2017 Page 22 "Subdivision, short" means the division or re-division of land into nine or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. "Surface water" means water on the earth's surface exposed to the atmosphere. "Temporary emergency, construction, or repair residence" means a residence (which may be a mobile home) that is: (i) located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster, or (ii) located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed, or (iii) located on a nonresidential construction site and occupied by persons having construction o r security responsibilities over such construction site. "Temporary sign." See Sign, temporary. "Tourist home" means a single-family structure in which rooms are rented by the day or week. "Tower" means any structure whose principal function is to support an antenna. "Tract. A lot." The term tract is used interchangeably with the term lot, particularly in the context of subdivisions, where one "tract" is subdivided into several "lots." "Traffic generation, high volume" means all uses in the 2.000 classification (as listed in 20.40.010, Table of Permissible Uses) other than low-volume traffic generation uses. "Traffic generation, low volume" means uses such as furniture stores, carpet st ores, major appliance stores, etc. that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, and that therefore generate less customer traffic per square foot of floor space than stores selling smaller items. "Trail, major" means a paved multi-use access traversing property outside of a street right-of-way (e.g., Centennial Trail). "Trail, minor" means a non-paved pedestrian access traversing property outside of a street right -of- way. "Transportation plan" means the transportation plan element of the city's comprehensive plan, including the city's current six-year transportation improvement plan. "Travel trailer" means a structure that (i) is intended to be transported over th e streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle) and (ii) is designed for temporary use as sleeping quarters but that does not satisfy one or more of the definitional criteria of a mobile home. "Tree(s), significant" means any deciduous tree eight inches or greater in diameter (twenty-five inches in circumference or greater), and any evergreen tree twelve inches or greater in diameter (thirty -seven inches in circumstance or greater), measured one foot above the root crown. "Trees(s), significant stands of" means any stand of healthy trees, not particularly of a large size, that has a high likelihood of withstanding wind-throw even after adjacent trees are removed, and serves or could serve as biological habitat, a recreational or aesthetic amenity, or screening as required by this title. "Urban growth area" means that portion of the city's planning jurisdiction that lies outside the corporate limits of the city and within the urban growth boundar y. "Use" means the activity or function that actually takes place or is intended to take place on a lot. "Use, principal" means a use listed in the table of permissible uses. "Utility easement" means an easement dedicated to utility providers for the pu rpose of allowing utility facilities and access to them. "Utility facilities" means any above-ground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) ow ned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose by RCW 80.04.015 and used in connection with the production, generation, transmission, delivery, November 2017 Page 23 collection, or storage of water, sewage, electricity, gas, oil, or electronic signals. Excepted from this definition are utility lines and supporting structures listed in Subsection 20.60.450(e) Underground Utilities). "Utility facilities, community or regional" means all utility facilities other than neighborhood facilities. "Utility facilities, neighborhood" means utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located. "Variance" means a grant of permission by the appropriate authority that authorizes the recipient to do that which, according to the strict letter of this title, he could not otherwise legally do. "Vegetated LID facilities" include bioretention, rain gardens, dispersion, vegetated roofs, and natural treatment areas. "Vehicular access easement or tract." See Street, private access tract. "Vehicle accommodation area" m eans that portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas. “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.” "Wholesale sales" means on-premises sales of goods primarily to customers engaged in the business of reselling the goods. "Wireless communications facility, micro facility" means an wireless communication facility which consists of antennas equal to or less than four feet in height (except omni directional antennas which may be up to six feet in height) and with an area of not more than five hundred eighty (580) square inches in the aggregate (e.g. one foot diameter parabola or 2' × 1.5' panel) as viewed from any one point. "Wireless communications facility, mini facility" means an wireless communication facility which consists of antennas equal to or less than ten feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area not more than fifty square feet in the aggregate as viewed from any one point. "Wireless communications facility, macro facility" means a wireless communication facility which consists of antennas equal to or less than 15 feet in height or a parabo lic antenna up to one meter (39.37 inches) in diameter and with an area not more than one hundred square feet in the aggregate as viewed from any one point. "Wireless communications facility, monopole I" means a wireless communication facility that consis ts of a support structure, the height of which shall not exceed sixty feet. "Wireless communications facility, monopole II" means a wireless communication facility that consists of a wireless communications support structure, up to a maximum of one hundred fifty feet in height erected to support wireless communication antennas and connecting appurtenances. "Wireless communications facility, lattice tower" means a wireless communication support structure that consists of metal crossed strips or bars to support antennas and related equipment. "Wooded area" means an area of contiguous wooded vegetation where trees are at a density of at least one six-inch or greater caliper tree per three hundred twenty-five square feet of land and where the branches and leaves form a contiguous canopy. "Zoning permit" means a permit issued by the city that authorizes the recipient to make use of property in accordance with the requirements of this title. November 2017 Page 24 "Zoning verification" means an administrative approval granted by the city that authorizes the recipient to make use of property in accordance with the requirements of this title. (Ord. 1454 §§ 1, 2, 2008; Ord. 1438 § 1, 2007; Ord. 1411 § 13, 2007; Ord. 1365 §§ 1, 13, 14, 2005; Ord. 1351 § 2, 2004; Ord. 1312 § 1, 2003; Ord. 1309 § 5(part), 2003) (Ord. No. 2011-002, 2-7-2011; Ord. No. 2011-026, §§ 1, 2, 10-3-2011; Ord. No. 2013-010, § 2, 8-5-2013; Ord. No. 2014-002, § 2, 2-3-2014; Ord. No. 2014-015, § 2, 10-6-2014; Ord. No. 2015- 021, § 1, 10-5-2015; Ord. No. 2015-025, § 1, 10-19-2015) Findings of Fact Arlington City Planning Commission PLN#172 – AMC Chapter 20.64 Update (LUCA) Page 1 of 2 July x, PLN201200 Bruce Angell, Chair 238 N. Olympic Avenue 360-403-3551 Regarding: Land-Use Code Amendment (LUCA) to AMC Chapter 20.40-1 (Permissible Use Table) and Chapter 20.08 (Basic Definitions and Interpretations). PLN#380. Summary: The Planning Commission held a Public Hearing on October 17, 2017 and transmits the following findings and recommendation to the City Council: Findings: 1. PLN #380 contains eight revisions to Chapter 20.40-1 (Permissible Use Table); six deletions and two additions, along with four revisions to chapter 20.08 (Basic Definitions and Interpretations); two deletions and two additions as follows: a. Permissible Use Table 1. Remove 1.111 (Single family site built and modular structures) from the RHD zone; 2. Remove 1.112 (Class “A” mobile home) from the RHD zone; 3. Remove 1.113 (Class “B” mobile home) from the RHD zone; 4. Remove 10.210 (Multi-story Self Storage) in its entirety; 5. Remove 10.220 (Self-Storage Facility) in its entirety; 6. Remove 10.240) Storage partially or fully outside completely enclosed structure) in its entirety; 7. Add a Section 2.112 and a Section 2.240 (Distribution Center) to both Light Industrial and General Industrial Zones and, 8. Add a Section 10.210 (Storage, shipping, or moving container) to both Light Industrial and General Industrial Zones. b. Basic Definitions and Interpretations 1. Remove Multi-Story Self Storage; 2. Remove Self Storage Facility; 3. Add Distribution Center; 4. Add Storage, Shipping, or Moving Container. Community & Economic Development PLANNING COMMISSION Findings of Fact Arlington City Planning Commission PLN#172 – AMC Chapter 20.64 Update (LUCA) Page 2 of 2 2. The recommended changes to Arlington’s Residential High- Density Zone reflect a previously identified need for well- planned population absorption by efficient use of residential properties. 3. The recommended changes to the Light and General Industrial zones promotes sustainable development that provides employment opportunities and maximizes productivity of available land. Conclusion and Recommendation: Based on the foregoing findings and testimony received at the hearing, the Planning Commission herby recommends on a 4 to 1 vote that the City Council approve the proposed changes to AMC Chapter 20.40-1 Table of Permissible Uses, and to Chapter 20.08 (Basic Definitions and Interpretations). Respectfully submitted through the Department of Community and Economic Development to the City Council This Nineteenth day of October, 2017 by ____________________________________ Bruce Angell Arlington City Planning Commission Chair City of Arlington Council Agenda Bill Item: WS #4 Attachment D COUNCIL MEETING DATE: October 23, 2017 SUBJECT: Resolution Declaring Property as Surplus ATTACHMENTS: Resolution and Exhibit A DEPARTMENT OF ORIGIN Finance; Kurt Patterson – 360‐403‐3454 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: The City currently has several vehicles that are beyond their useful life and need to be declared as surplus in order to be properly auctioned off. HISTORY: The City has found that the most expedient way to deal with surplus vehicles and equipment is to utilize the services of an on‐line auction site. ALTERNATIVES: None RECOMMENDED MOTION: Workshop; discussion only.    RESOLUTION NO. 2017‐xxx    A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN  PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE    WHEREAS, the City has purchased the equipment listed on the attached Exhibit  “A”; and  WHEREAS, the equipment identified on Exhibit “A” is surplus to the needs of   The City; and  NOW, THEREFORE, the City of Arlington, acting by and through its City   Council, does hereby resolve as follows:     1. The equipment/property described on the attached Exhibit “A” is declared         Surplus to the needs of the City.    2.  Staff is instructed to trade in all items for the best available price, sell all       items for the best price or properly dispose of items that it is unable to       sell.  Staff is further authorized to dispose of the property via an                        intergovernmental transfer pursuant to RCW 39.33.010.    Passed by the City Council of the City of Arlington at a regular meeting on this  _____day of_____________, 2017.                 _____________________________               Barbara Tolbert               Mayor    ATTEST:    _________________________  Kristin Banfield, City Clerk        APPROVED AS TO FORM:    __________________________  Steven J. Peiffle, City Attorney    EXHIBIT A        ITEM                       SERIAL NUMBER      CRV*    1991 Ford Econo                1FDKE30M6MHB12531      L‐73      2002 Jeep Liberty                1J8GL48K95W609149      L‐48     1996 International Ladder Truck                           1HTSHADT4TH328090      W‐35    1993 Ford Ranger Pickup              1FTDR15X5PPB04696       P‐26     2000 Chevrolet Pickup               1GCEC114V1YE298078      Medic 46** 2004 International Cab and Chassis            1HTMRAAM65H152181        *Critical Response Vehicle    **Former ambulance, patient care box removed                 City of Arlington Council Agenda Bill Item: WS #5 Attachment E COUNCIL MEETING DATE: October 23, 2017 SUBJECT: Grant Agreement from the Department of Ecology for Stormwater Phase II Permittees ATTACHMENTS: Grant Agreement WQSWCAP‐1719‐ArliPW‐00044 DEPARTMENT OF ORIGIN Public Works; Kris Wallace – 360‐403‐3538 EXPENDITURES REQUESTED: N/A – no match required BUDGET CATEGORY: Stormwater Operating Fund BUDGETED AMOUNT: $25,000 is budgeted for expense in 2018 $25,000 will be budgeted for expense in 2019 LEGAL REVIEW: DESCRIPTION: A Grant Agreement between the Washington State Department of Ecology and the City of Arlington for $50,000 to fund Stormwater NPDES Phase II activities. HISTORY: The Department of Ecology is awarding the City of Arlington $50,000 for the 2017‐2019 biennium through its Municipal Stormwater Capacity Grants Program (Program). The purpose of the Program is to provide grants to municipalities for work and projects associated directly with the implementation of Phase II National Pollutant Discharge Elimination System (NPDES) stormwater permits. There is no city match required for these grants, $25,000 has been budgeted for 2018 expenses and $25,000 will be budgeted in 2019 when the time comes. ALTERNATIVES: Remand to staff for further investigation Do not accept the grant. RECOMMENDED MOTION: Workshop; discussion only. At the November 6, 2017 council meeting the motion will be: “I move to accept the 2017‐2019 Municipal Stormwater Capacity Grant in the amount of $50,000 and authorize the mayor to sign the grant agreement, pending final review by the City Attorney.” Agreement No. WQSWCAP-1719-ArliPW-00044 WATER QUALITY STORMWATER CAPACITY 1719 AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF ARLINGTON This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as “ECOLOGY,” and City of Arlington, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. 2017-2019 Biennial Stormwater Capacity Grants GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: This project will assist Phase I and II Permittees in implementation or management of municipal stormwater programs. Project Long Description: N/A Overall Goal: This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state water bodies. $50,000.00 $50,000.00 $50,000.00 $0.00 07/01/2017 03/31/2019 Capacity Grant Page 2 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington RECIPIENT INFORMATION Organization Name: Federal Tax ID: DUNS Number: Mailing Address: Physical Address: Contacts Organization Email: Organization Fax: City of Arlington 91-6001401 165590043 154 W Cox Arlington, WA 98223 154 W Cox Arlington, Washington 98223 James Kelly Public Works Director 154 W Cox Arlington, Washington 98223 Email: jkelly@arlingtonwa.gov Phone: (360) 403-3538 Authorized Signatory Kris Wallace Public Works Executive Assistant & Staff Accountant 154 W Cox Arlington, Washington 98223 Email: kwallace@arlingtonwa.gov Phone: (360) 403-3538 Billing Contact Project Manager Authorized Signatory Barbara Tolbert Mayor 238 N Olympic Ave Arlington, Washington 98223 Email: btolbert@arlingtonwa.gov Phone: (360) 403-3442 kwallace@arlingtonwa.gov (360) 435-7944 Version 10/30/2015 Page 3 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington Contacts Project Manager Financial Manager Kyle Graunke PO Box 47600 Olympia, Washington 98504-7600 Email: kygr461@ecy.wa.gov Phone: (360) 407-6452 Kyle Graunke PO Box 47600 Olympia, Washington 98504-7600 Email: kygr461@ecy.wa.gov Phone: (360) 407-6452 ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Water Quality 300 Desmond Drive SE Lacey, WA 98503 Version 10/30/2015 Page 4 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Department of Ecology Water Quality City of Arlington Heather R. Bartlett Mayor Barbara Tolbert By:By: Template Approved to Form by Attorney General's Office Program Manager Version 10/30/2015 Page 5 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington Public Works Director Date James Kelly Version 10/30/2015 Page 6 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington SCOPE OF WORK Task Number:1 Task Cost: $5,000.00 Task Title:Project Administration/Management Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; an EAGL (Ecology Administration of Grants and Loans) recipient closeout report; and a two-page final outcome summary report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement, contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be made available to ECOLOGY upon request.. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up-to- date staff contact information in the EAGL RECIPIENT contact form. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant and loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, RECIPIENT closeout report, and two-page outcome summary report. * Properly maintained project documentation Recipient Task Coordinator: Kris Wallace Deliverables Project Administration/Management Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges, or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report (EAGL Form) 1.3 Two-page Outcome Summary Report Version 10/30/2015 Page 7 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington SCOPE OF WORK Task Number:2 Task Cost: $45,000.00 Task Title:Permit Implementation Task Description: Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit, the RECIPIENT will ensure funds are used to attain compliance where applicable. RECIPIENT may conduct work related to implementation of additional activities required by the municipal stormwater NPDES permits. The following is a list of elements RECIPIENT’s project may include. 1) Public education and outreach activities, including stewardship activities. 2) Public involvement and participation activities. 3) Illicit discharge detection and elimination (IDDE) program activities, including: a) Mapping or geographic information systems of municipal separate storm sewer systems (MS4s). b) Staff training. c) Activities to identify and remove illicit stormwater discharges. d) Field screening procedures. e) Complaint hotline database or tracking system improvements. 4) Activities to support programs to control runoff from new development, redevelopment, and construction sites, including: a) Development of an ordinance and associated technical manual or update of applicable codes. b) Inspections before, during, and upon completion of construction, or for post-construction long-term maintenance. c) Training for plan review and/or inspection staff. d) Participation in applicable watershed planning effort. 5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as: a) Inspecting and/or maintaining the MS4 infrastructure. b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or facilities. 6) Annual reporting activities. 7) Establishing and refining stormwater utilities, including stable rate structures. 8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the DEPARMENT approves prior to awarding funding for monitoring. Monitoring, including: a) Development of applicable QAPPs. b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit requirements. 9) Structural stormwater controls program activities (Phase I permit requirement) 10) Source control for existing development (Phase I permit requirement), including: a) Inventory and inspection program. b) Technical assistance and enforcement. c) Staff training. Version 10/30/2015 Page 8 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington 11) Equipment purchases that result directly in improved compliance with permit requirements. Allowed costs for equipment purchases must be specific to implementing a permit requirement (such as a vactor truck) rather than general use (such as a general use pick-up truck). Qualified equipment purchases include but are not limited to: a) Illicit discharge testing equipment and materials. b) Vactor truck or sweeper truck or MS4 maintenance activities. c) Electronic devices dedicated to mapping of MS4 facilities and attributes. d) Software dedicated to tracking permit implementation activities. As a deliverable, documentation of all tasks completed is required. Documentation includes but is not limited to: maps, field reports, dates and number of inspections conducted, dates of trainings held and participant lists, number of illicit discharges investigated and removed, summaries of planning, stormwater utility or procedural updates, annual reports, copies of approved QAPPs, summaries of structural or source control activities, summaries of how equipment purchases have increased or improved permit compliance. Task Goal Statement: This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes, streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits. Task Expected Outcome: RECIPIENTS will implement measures required by Phase I and II NPDES permits. Recipient Task Coordinator: James Kelly Deliverables Permit Implementation Number Description Due Date 2.1 Documentation of tasks completed Version 10/30/2015 Page 9 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington BUDGET Funding Distribution EG180088 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Title: State Stormwater Capacity 100% Type: Funding Source %: Description: Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? Approved State Indirect Rate: 25% 0% No No Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: FY1719 Capacity Grants 07/01/2017 03/31/2019 Grant FY1719 Capacity Grants Task Total Grant and Loan Administration 5,000.00 Permit Implementation 45,000.00 50,000.00$ Version 10/30/2015 Page 10 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington Funding Distribution Summary Recipient / Ecology Share $$$%50,000.00 50,000.000.000.00FY1719 Capacity Grants Total 0.00 50,000.00 50,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal Version 10/30/2015 Page 11 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington remedies, including suspension and debarment. 8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. ·Receives more than $25,000 in federal funds under this award. ·Receives more than 80 percent of its annual gross revenues from federal funds. ·Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Version 10/30/2015 Page 12 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology 1.ADMINISTRATIVE REQUIREMENTS a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition." https://fortress.wa.gov/ecy/publications/SummaryPages/1401002.html b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2.AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3.ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement. RECIPIENT shall: a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: •For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. •For projects with any federal involvement, if required, comply with the National Historic Preservation Act. •Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: •Keep the IDP at the project site. •Make the IDP readily available to anyone working at the project site. •Discuss the IDP with staff and contractors working at the project site. •Implement the IDP when cultural resources or human remains are found at the project site. c)If any archeological or historic resources are found while conducting work under this Agreement: •Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d)If any human remains are found while conducting work under this Agreement: •Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and then the ECOLOGY Program. Version 10/30/2015 Page 13 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington e)Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 4.ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5.COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 6.COMPENSATION a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e)ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g)RECIPIENT will receive payment through Washington State Department of Enterprise Services’ Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@watech.wa.gov. h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j)RECIPIENT should submit final requests for compensation within thirty (30) days after the expiration date of this Agreement. Failure to comply may result in delayed reimbursement. 7.COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b)RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. Version 10/30/2015 Page 14 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 8.CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 9.CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion. 10.DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a)RECIPIENT notifies the funding program of an appeal request. b)Appeal request must be in writing and state the disputed issue(s). c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d)ECOLOGY reviews the RECIPIENT’s appeal. e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11.ENVIRONMENTAL DATA STANDARDS a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for each project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required the RECIPIENT shall: •Use ECOLOGY’s QAPP Template provided by the ECOLOGY Program. Version 10/30/2015 Page 15 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington •Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). •Submit the QAPP to ECOLOGY for review and approval before the start of the work. b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The data must be successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 12.GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13.INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14.INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15.KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 16.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d)Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. Version 10/30/2015 Page 16 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington 17.ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18.PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b)RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline. c)If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 19.PROGRESS REPORTING a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b)RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c)RECIPIENT shall use ECOLOGY’s provided progress report format. d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e)RECIPIENT shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format. 20.PROPERTY RIGHTS a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. Version 10/30/2015 Page 17 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g)Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 21.RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a)Be kept in a manner which provides an audit trail for all expenditures. b)Be kept in a common file to facilitate audits and inspections. c)Clearly indicate total receipts and expenditures related to this Agreement. d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. Version 10/30/2015 Page 18 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington 22.RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23.SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 24.STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 25.SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26.SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post-consumer recycled paper. For more suggestions visit ECOLOGY’s web page: Green Purchasing, http://www.ecy.wa.gov/programs/swfa/epp. 27.TERMINATION a)For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date Version 10/30/2015 Page 19 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b)For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c)By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d)In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 28.THIRD PARTY BENEFICIARY Version 10/30/2015 Page 20 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-ArliPW-00044 2017-2019 Biennial Stormwater Capacity Grants City of Arlington RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29.WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. GENERAL TERMS AND CONDITIONS LAST UPDATED 05/11/2017 Version 10/30/2015 City of Arlington Council Agenda Bill Item: WS #6 Attachment F COUNCIL MEETING DATE: October 23, 2017 SUBJECT: CERB Grant – Arlington MIC Initial Offer of Financial Aid ATTACHMENTS: Initial Offer of Financial Aid Form DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director – 360‐403‐3505 EXPENDITURES REQUESTED: $16,667.00 Match BUDGET CATEGORY: General Fund BUDGETED AMOUNT: $16,667.00 is budgeted for expense in 2018 LEGAL REVIEW: DESCRIPTION: The Community and Economic Revitalization Board (CERB) requires the organization receiving grant funding to accept the initial offer of funding and sign the initial offer form prior to executing a final contract. HISTORY: The City of Arlington has applied for and been offered a $50,000 grant through the Community and Economic Revitalization Board (CERB) for preparation of a Master Development Plan for the Arlington portion of the Arlington‐Marysville Manufacturing Industrial Center (AMMIC). If the City is wants to accept the grant offer and move forward with this planning effort, the CERB is requesting the City sign the Initial Offer of Financial Aid form and return it to the CERB office by November 6, 2017. ALTERNATIVES: Remand to staff for further investigation Do not accept the grant. RECOMMENDED MOTION: Workshop; discussion only. At the November 6, 2017 council meeting the motion will be: “I move to accept the CERB Grant for the Arlington‐Marysville MIC in the amount of $50,000 and authorize the mayor to sign the Initial Offer of Financial Aid Form, pending final review by the City Attorney.” City of Arlington Council Agenda Bill Item: WS #7 Attachment G COUNCIL MEETING DATE: October 23, 2017 SUBJECT: Discussion regarding 2018 Lodging Tax Tourism Priorities ATTACHMENTS: 2018 Lodging Tax Application 2018 Lodging Tax Grant Application Summary DEPARTMENT OF ORIGIN Finance; Kristin Garcia – Finance Director 360‐403‐3431 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The lodging tax advisory committee would like to have a discussion with council to identify priorities for the 2018 lodging tax program. The committee would like to discuss and understand the priority for current distributions including;  Items of priority from the list of tourism goals established by council – should any one item receive more weight than the others  Should an event move toward sustainability and place less reliance on the lodging tax program  How should events be rated that do not draw visitors from 50+ miles away  How should events be rated that are high dollar requests but low attendance  Discussion on proportional share distribution (i.e. highest score receives 100% of their request, no award for scores less than X, each applicant receives some amount of funding) The committee would also like to discuss the council’s vision for tomorrow;  Building reserves for a larger project that will promote tourism and economic development in the long term (i.e. events center)  Would the council be open to a future facilitated meeting to do long term visioning for the lodging tax program The total amount of the requests are $187,395 and there is $170,000 budgeted to award. HISTORY: On August 23, 2017, a training session was held for prospective applicants. Application due date was October 6, 2017. City of Arlington Council Agenda Bill Item: WS #7 Attachment G ALTERNATIVES: RECOMMENDED MOTION: Workshop; discussion only. 1 2018 TOURISM / ECONOMIC DEVELOPMENT APPLICATION FOR LODGING TAX FUNDING SUBMITTAL DEADLINE: - October 6, 2017, 5:00 p.m. PLEASE SEND (1) COPIES TO: CITY OF ARLINGTON 238 N. OLYMPIC ARLINGTON, WA 98223 ATTN: Kristin Garcia, FINANCE DIRECTOR 2 APPLICATION AVAILABILITY AND DEADLINE The City of Arlington is accepting applications from public and non-profit agencies for projects that promote economic development and tourism in the City. Applications are available on the City’s Website at www.arlingtonwa.gov or by contacting the Finance Department at 360-403-3421. Applications can be picked up at 238 N. Olympic Avenue Arlington, WA 98223. Completed applications are due by 5:00 p.m. on October 6, 2017. Applications must be submitted to the Finance Office Attn: Kristin Garcia, Finance Director at 238 N. Olympic Avenue Arlington, WA 98223. Please submit one copy of your application. Please do not double side your application and please do not us e any other paper size that 8 ½ x 11. Application covers are discouraged. Faxed applications will not be accepted. To be eligible for consideration, your complete proposal must be received by the deadline, (incomplete grant applications will not be reviewed and will not be eligible for funding). Please submit a separate application for each event or project requested for funding. APPLICATION REVIEW SCHEDULE Each proposal submitted will be considered by the Lodging Tax Advisory Committee (LTAC) for recommendation to the City Council for final decision. The committee shall have the authority to negotiate concerning the content of any applicant’s proposal. The review and award schedule is tentatively as follows; – – LTAC COMMITTEE STRUCTURE RCW 67.28.1817 outlines the requirements of the lodging tax committee and states that membership must include at least two members who are representatives of businesses required to collect the tax and at least two members who are persons involved in activities authorized to be funded by the tax. The committee shall include a voting member who is an elected official of the city. LODGING TAX – WHAT CAN IT FUND? Authorized uses of lodging tax can be found within RCW 67.28.1816 at http://app.leg.wa.gov/RCW. Lodging taxes can be used for;  Tourism marketing,  Marketing and operations of special events and festivals,  Operations of tourism-related facilities owned by non-profit organizations.  Operations and capital expenditures of tourism related facilities owned by municipalities. 3 APPLICATION PACKAGE REQUIREMENTS GENERAL REQUIREMENTS All Applicants:  Two letters of recommendation; each letter should explain the writer’s relationship to the project and/or sponsor, the writer’s qualifications for commenting on the project, and the writer’s opinion of the benefits of the proposed project.  At least one of the letters of endorsement must be from an establishment offering overnight accommodations in the City of Arlington; failure to abide by this requirement shall result in disqualification of your application even if it meets all other criteria.  A minimum33% match (of total project costs) is required to be eligible to receive funding. Non-Profits:  Copy of state certificate of non-profit incorporation and/or Federal 501(c) (3) letter  Copy of Articles of Incorporation  Copy of current mission and goals statement  Copies of financial statements for the two most recent years: This should include beginning cash balances, a listing of annual actual revenues, a listing of annual actual expenditures, and the resulting ending fund cash balances. (Beginning cash balance plus revenues minus expenditures equals the ending cash balance.)  Copy of meeting minutes from the Board of Directors authorizing the submission of this application for Hotel-Motel Funds. Public Agencies:  Copy of meeting minutes showing official approval of project and authorization for this application. Cooperative Projects:  Description of reasons for and benefits of cooperative approach  List of all co-sponsors by title and type (a co-sponsor is an organization providing monetary or other in- kind support to the project. In-kind support may include but not limited to; marketing, providing the venue, printing, distribution and/or volunteer hours)  Description of individual project responsibilities of co-sponsors  Letters from co-sponsors endorsing projects, citing responsibilities and agreeing to participate Successful applicants will be required to enter into a contract with the City to provide reimbursement. Reimbursement by the City will be due after performance under the contract is complete. 4 :__________________________________________________________ Federal Tax Number:_______________________ UBI Number:___________________________ :_____________________________________________________________________ person who wrote or has the most knowledge about this application : ________________________________________________________________ Mailing Address:_________________________________________________________ City:______________________, State:_________, Zip:__________________________ Phone: ( )_______________, Email Address:________________________________ Signature:_____________________________________________________________________ (person with legal authority to sign contract with the City). Name:_________________________________________________________________ Mailing Address:_________________________________________________________ City:______________________, State:_________, Zip:__________________________ Phone: ( )_______________, Email Address:________________________________ Signature:_____________________________________________________________________ Sponsor is(please check one): Non-Profit Public Agency Other, please explain ___________________________ : Organization Name:____________________________, Phone Number( )_________________ Contact Person Email Address:___________________, Phone Number ( )_________________ Amount Requested: $___________________, (Cannot exceed 66% of total grant) Match: $___________________ (Minimum 33% match required Total Project Budget: $___________________ 5 PROJECT BUDGET Please detail the budget for your project. Remember that though the City will pay no personnel costs (wages, benefits, etc.), such costs are eligible as a portion of your matching portion. The City can pay a share of such costs as postage, design and layout of printed materials, printing, and communications.  Please specify whether your various match items will be either cash (C) or in-kind (I/K). If you have both provide dollar amount for each type of match. Project Title: ______________________________________________________ Activity Type (Select one) Event/ Festival ● Marketing ● Facility Start Date: ____________________ End Date: ____________________ One Time Event  Yes  No If no, please describe the sustainability of future funding for this event; ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Item City (not more than 66% of Grant) Match Minimum 33% required C=Cash I=In-Kind Total line item cost. 1. $ $ C I $ 2. $ $ C I $ 3. $ $ C I $ 4. $ $ C I $ 5. $ $ C I $ 6. $ $ C I $ Totals: $ $ $ Please include a description and/or documentation to support in kind contributions. 6 PREDICTED ATTENDANCE & OVERNIGHT STAYS Predicted Attendance: _______(year)  Capacity available for venue: __________________________  Attendance that will travel 50+ Miles: ________________________________  Attendance, Out of state, or Out of Country: ___________________________  Attendance, local – travel less than 50 miles:___________________________  Estimated number of overnight stays from this event:____________________ Past Attendance – From the same or similar past event:_______(year)  Capacity available for venue: __________________________  Attendance that did travel 50+ Miles: ________________________________  Attendance, Out of state, or Out of Country: ___________________________  Attendance, local – travel less than 50 miles:___________________________  Estimated number of overnight stays from this event:____________________ Please explain (type or write legibly) any significant variations between predicted attendance and past attendance, if applicable. ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ 7 SELECTION OF TOURSIM GOALS Successful applicants must also demonstrate that the activity contributes toward the following tourism goals. Please select the tourism goals applicable to your event or project. Mark as many as apply. In the project description section , include a brief narrative describing how your activity accomplishes one or more of these goals;  Increase hotel occupancy in the City of Arlington by creating overnight stays.  Increase overnight stays during the off season.  Provide visitor attractions and/or promote the area’s existing attractions.  Demonstrate city-wide economic benefit.  Advertising special events, festivals, meetings or retreats that encourage visitor attendance.  Establish, maintain or enhance visitor friendly infrastructure – restrooms, signage, information centers, and facilities.  Use existing facilities for events that promote visitor attendance.  Developing key community assets such as parks and trails.  Creating or continuing partnerships with existing organizations that promote events and visitors.  Innovative new activities that promote tourism.  Encourages repeat visits.  Free community events  Family friendly events. 8 PROJECT DESCRIPTION Include a brief narrative describing how your activity accomplishes one or more of the goals selected from the last page. ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ 9 PROJECT TIME LINE Please use the chart below to break out your project into its major items, showing when each will be accomplished. MONTH TASK ITEM JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER Please use the space below to provide any necessary background on elements of your project time line. ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ 10 SELECTION AND AWARD PROCESS Funding of the program and specific awards are dependent on recommendations of the City’s Lodging Tax Advisory Committee (LTAC). The LTAC will receive all applications and recommend a list of qualified projects and funding levels that will be forwarded to the City Council for final determination. Funds will be awarded on a scoring criteria, and applicants will be notified following City Council decision. REQUEST FOR REIMBURSEMENT Funding is provided on a reimbursement basis only. Request for reimbursement, along with supporting documentation, must be mailed or dropped off at; Attn: Finance Department 238 N. Olympic Avenue Arlington WA 98223. Projects must be completed by December 31, 2018 and final requests for reimbursement must be received by January 15th, 2019. REPORTING REQUIREMENTS Successful applicants will be required to submit an annual report of lodging tax expenditures for festivals, special events and tourism related facilities owned by local jurisdictions or non-profit organizations describing the actual number of people traveling for business or pleasure on a trip. The annual report is attached for your convenience. The annual report must be submitted to the finance department on or before the applicant’s last request for reimbursement, no final reimbursements will be made without completed annual report. A copy of the report is provided on page 13 and 14. 11 APPLICANT CHECKLIST Must be included with Application: _____ Signed application. _____ Two letters of recommendation, at least one letter of endorsement from an establishment offering overnight accommodations in the City of Arlington. _____ Non-profits, copy of state certificate of non-profit incorporation and/or Federal 501(c) letter. _____ Copy of Articles of Incorporation. _____ Copy of current mission and goals statement. _____ Copies of financial statements for the two most recent years: This should include beginning cash balances, a listing of annual actual revenues, a listing of annual actual expenditures, and the resulting ending fund cash balances. (Beginning cash balance plus revenues minus expenditures equals the ending cash balance.) _____ Copy of meeting minutes from the Board of Directors authorizing the submission of this application for Hotel-Motel Funds (does not apply to public agencies). Fill in Sections: _____ Page 4, Application - General Information _____ Page 5, Project Budget _____ Page 6, Predicted Attendance & Overnight Stays for each event _____ Page 7, Selection of Tourism Goals _____ Page 8, Project Description (provide brief narrative). _____ Page 9, Project Time Line, with necessary background on elements of your project time line. Cooperative Projects: _____ Description of reasons for and benefits of cooperative approach. _____ List of all co-sponsors by title and type. _____ Description of individual project responsibilities of co-sponsors _____ Letters from co-sponsors endorsing projects, citing responsibilities and agreeing to participate. Public Agencies Only: _____ Copy of meeting minutes showing official approval of project and authorization for this application. 12 GRANT APPLICATION RATING FORM Criteria Points Possible Application Question Points Awarded Co-Sponsors 15 pts. Yes = 15 No = 0 Page 4, Application Attracts tourists from at least 50 miles away 20pts. Yes 20 No = 0 Page 6, Predicted Attendance Attributable Lodging Stays 20 pts. 0 = 0 1 – 25 = 5 26 – 75 = 10 76 – 150 = 15 More than 150 = 20 Page 6, Predicted Attendance Supports City Tourism Goals 30 pts. Yes 30 No = 0 Page 7, Project Description Length of Impact 15 pts. Date specific = 5 Seasonal = 10 (2 or more days) Year Round = 15 Page 9, Project Timeline Total points = 100. Funding will be awarded proportionally based on the number of points (i.e. applications with a higher score will receive a higher proportionate share of the total grant funding available to be awarded). 13 Lodging Tax Annual Expenditure Report Organization: Activity Name: *Activity Type (Select one) Event/ Festival ● Marketing ● Facility Start Date End Date Funds Requested $ Funds Awarded $ Total Activity Cost $ * If more than one event is included in grant, please fill out one report for each event. Attendance Information: Overall Attendance Enter the total number of people predicted to attend this activity, the actual number of people who attended this event activity, and select the method used to determine the attendance. Predicted: Actual (Estimated) *Method Please Explain **Please Select Method determine: Direct or Indirect Count; Representative or Informal Survey; Structured Estimate; Other or N/A Attendance, 50+ Miles Predicted: Actual (Estimated) **Method Please Explain **Please Select Method determine: Direct or Indirect Count; Representative or Informal Survey; Structured Estimate; Other or N/A Attendance, out of State, Out of Country Predicted: Actual (Estimated) **Method Please Explain **Please Select Method determine: Direct or Indirect Count; Representative or Informal Survey; Structured Estimate; Other or N/A 14 Continued: Attendance, Paid for Overnight Lodging Predicted: Actual (Estimated) **Method Please Explain Attendance, Did Not Pay for Overnight Lodging: Enter the number of predicted to attend this activity without paying for overnight lodging, the actual number of people who attended this activity without paying for overnight lodging, and select the method used to determine the attendance. Predicted: Actual (Estimated) **Method Please Explain **Please Select Method determine: Direct or Indirect Count; Representative or Informal Survey; Structured Estimate; Other or N/A Paid Lodging nights Total projected and estimated actual number of paid lodging nights. One Lodging night = one or more persons occupying one room for one night. Predicted: Actual (Estimated) **Method Please Explain **Please Select Method determine: Direct or Indirect Count; Representative or Informal Survey; Structured Estimate; Other or N/A Notes Please enter any additional information about this use of lodging tax funds. 1    Lodging Tax Grant Application Summary     Here is a summary of the lodging tax grant applications that have been received.    APPLICANT PROJECT AMOUNT REQUESTED        Arlington Arts Council Art at Legion Park $3,000  Arlington Arts Council Blues Concert $11,900  Arlington Fly‐In Arlington Fly‐In $26,000  Arlington‐Smokey Point Chamber 4th of July Parade $5,000  Arlington‐Smokey Point Chamber Cascade Loop $7,430  Arlington‐Smokey Point Chamber Centennial Sk8 Fest $6,100  Arlington‐Smokey Point Chamber Quilt Trail $3,000  Arlington‐Smokey Point Chamber Visitor’s Information Center $19,800  City of Arlington – Parks Eagle Festival $5,200  City of Arlington – Parks Event Kiosk $1,500  City of Arlington – Parks Legion Park Stage $12,400  City of Arlington – Parks Sign Permit $590  City of Arlington – Parks Summer Outdoor  Entertainment  $7,900  DABA Brochure $5,500  DABA Hometown Holidays $5,000  DABA Show and Shine $6,500  DABA Street Fair $3,500  DABA Viking Fest $7,750  Stilliguamish Valley Pioneers Sillaguamish Valley Pioneers  Association  $4,225  Stillaguamish Valley Genealogical  Society  Stillaguamish Valley  Genealogical Society  $42,600  Vision for a Cure Brewfest $2,500    City of Arlington Council Agenda Bill Item: WS #8 Attachment H COUNCIL MEETING DATE: October 23, 2017 SUBJECT: September 2017 Financial Report ATTACHMENTS: Financial Reports – Narrative General Fund Operating Statement Revenue Charts Other Fund Operating Statements DEPARTMENT OF ORIGIN Finance; Kristin Garcia – Finance Director 360‐403‐3431 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Attached is the September 2017 financial report. HISTORY: ALTERNATIVES: RECOMMENDED MOTION: Workshop; discussion only. 1    2017 September Financial Report – Kristin Garcia, Finance Director  GENERAL FUND   The general fund’s ending fund balance as of September 30, 2017 was $2,599,828.  Sales tax revenues through September 30, 2017 were $3,173,412.  In reviewing sales tax collections  from existing business from January – September 2016 compared to January – September 2017, tax  collections are down for existing businesses, primarily in the communications industry.  If you  compare tax collections from new businesses over this same period, their growth resulted in a net  increase of tax revenue to the city, of $225,788 or 8% growth over last year.  The new business  growth is primarily in the retail and construction industry.  We received the September distribution for marijuana excise tax which is significantly lower than  the State estimates that were provided when we built the 2017 ‐ 2018 budget last fall.  This is due to  legislative changes that reduced the cap on distributions from $15 million to $6 million. This means  that we’ll fall short of our budget projections for 2017.  The State intends to review revenue  collections in February 2018 and could potentially increase the cap and adjust distributions for next  year.  We did not decrease this revenue line item in the 2018 budget pending potential adjustment  from the State and we decreased other revenue line items which were more significant to overall  revenue.  September was another big month for building permit revenue with $80,474 collected.  Year to date  collections are $464,846, our biggest year in at least the last 7 years!  OTHER FUNDS  Growth Management Fund – the growth we’re continuing to experience is not only reflected in the  city’s building permit revenues but is also reflected in park and traffic mitigation fees.  Fees  collected in September were $284,190 bringing the year to date collections to over $1.1 million!   We’re also seeing in the water/sewer capital improvement funds, that water/sewer connection fees  also exceed budget.  Airport Reserve Fund – In 2016, the City signed a $400,000 promissory note with 59th Holdings for  the purchase of a building located on airport property.  In September 2017, the note was paid in  full! The note payoff was $382,059 which was deposited in the Airport’s reserve fund.          2    OTHER ITEMS  Audit Update – The auditors have completed fieldwork and are preparing the audit report.  There is  one item related to procurement that is still pending review to determine reporting level.  There are  no issues with the financial statements and all prior year recommendations have been addressed.   No other significant items were identified during the audit.  There is an exit conference scheduled  for November 6, 2017 at 9 am in the executive conference room at City Hall.  Investments –  The city’s total investment portfolio as of September 30, 2017 is $34.7 million, up by  $6.5 million since last September.  The general fund represents about 12% of the current cash and  investment portfolio.  The increase in the portfolio is due to a variety of sources including, sales tax  revenues, building permit fees, mitigation fees, water/sewer connection fees, proceeds from a loan  payoff and enterprise funds revenues exceeding expenses.      Passports   2017 September October November December  Applications  Processed  20          Social Services Fund  2017 July August September October November December  Donations  Received  $500 $129 $500        September donation from Top Shelf Co.      28.2 34.7 9/2016 9/2017 Cash and Investment Balances In Millions