HomeMy WebLinkAbout05-10-10 Council Workshop
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Revised agenda
CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN
1. (10 min) Gateway Signs – Sarah Arney & Marguerite Goff
2. (15 min) Hotel Motel tax committee recommendations ATTACHMENT A
3. (5 min) Brown & Caldwell Contract for Water Treatment Plant Study ATTACHMENT B
4. (30 min) 67th Ph3 Trail Alignment ATTACHMENT C
5. (10 min)Smokey Point Overlay Contract and Bid Docs ATTACHMENT D
6. (15 min) Transportation Benefit District ATTACHMENT E
7. (5 min) Purchase and Sale Agreement for the purchase of the property ATTACHMENT F
located at the proposed 173rd and Smokey Point Blvd intersection
8. (5 Minutes)- KIA Task Order Proposal for Water/Sewer Rate Structure Study ATTACHMENT G
9. (5 min) Sewer Rate Ordinance ATTACHMENT H
10. (5min) AMC Title 13 ATTACHMENT I
11. (5 min) AMC Title 12 ATTACHMENT J
12. (10 min) 2010 Legislative Update ATTACHMENT K
EXECUTIVE SESSION
1. To review collective bargaining negotiations, grievances, or discussions regarding the
interpretation or application of a labor agreement [RCW 42.30.140(4)]
RECONVENE
ADJOURNMENT
To download all attachments, click here
Arlington City Council Workshop
May 10, 2010 – 7 PM
City Council Chambers ~ 110 E. Third
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT A
COUNCIL MEETING DATE:
May 10, 2010 city council meeting
SUBJECT:
Additional Hotel Motel Tax Distributions for
2010
DEPARTMENT OF ORIGIN:
Executive/Finance
CONTACT: Allen Johnson, 403-3443
Jim Chase, 403-3422
ATTACHMENTS:
1. Spreadsheet listing new applications and funding recommendations
(copies of the applications were distributed separately)
EXPENDITURES REQUESTED: $ 5,900
BUDGET CATEGORY: Lodging Tax Fund
LEGAL REVIEW: City Attorney will review the proposed
contracts before they are signed
DESCRIPTION:
At the Council meeting dated March 10, 2010, City Council authorized $97,200 of Hotel-Motel
taxes to be reimbursed to various entities in 2010 for tourism promotion.
At that meeting, one particular business was discussed that did not receive a recommendation
of funding.
The discussion was sent back to the Hotel-Motel Committee to re-evaluate the application.
It was determined by the committee, after it became aware that one portion of funding for the
City’s Legion Park Restroom project was to be delayed until 2011 (totaling $23,000), and that
instead of re-evaluating one application, to re-advertise for new applications. Two applications
were received.
The Committee is recommending awarding a total of $5,900. Total applications for 2010 will
now total $80,100.
HISTORY: State law authorizes cities and counties to impose hotel-motel taxes. Revenues
generated from the tax are to be used for tourism promotion and tourism-related facilities. The
City began collecting a 2% hotel-motel tax in 2005. Cities with population over 5000 are
required to establish a Lodging Tax Advisory Committee prior to imposing the tax. Arlington’s
Lodging Tax Committee was appointed on September 20, 2004. The committee is charged with
making recommendations to the full council for allocation of funds collected. $ 29,000 was
funded in 2006, $ 61,354 in 2007, $110,558 in 2008 and $127,150 in 2009. This is the fifth year of
funding.
ALTERNATIVES:
1. Table for additional review
2. Do nothing
RECOMMENDED ACTION: The City Council is requested to approve the funding
applications as recommended by the Hotel Motel Tax Committee.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT B
COUNCIL WORKSHOP DATE:
May 10, 2010
SUBJECT: Brown & Caldwell Consultants
Water Treatment Plant Expansion Feasibility
Study
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Contract between City of Arlington and Brown & Caldwell Consultants
EXPENDITURES REQUESTED: $48,000.00
BUDGET CATEGORY: WWTP Project (Fund 408)
LEGAL REVIEW: Pending review by City Attorney
DESCRIPTION: Professional Services Agreement between the City of Arlington and Brown a&
Caldwell for Scope of Services, fee schedule for preparation of a Water Treatment Plant Expansion
Project Report.
HISTORY: The City of Arlington owns and operates a water treatment plant (WTP) that supplies the
City with potable water from a well field adjacent to the Stillaguamish River consistent with applicable
regulatory requirements. The WTP was constructed in 2000 and has a 1,700 gpm nominal peak treatment
capacity. The City of Arlington has water rights that exceed the WTP capacity and is ready to proceed
with plans to perform a study on how to produce more water by either increasing efficiency and/or
upgrading the plant.
The City of Arlington issued a Request for Proposal (RFP) for professional engineering services to
complete a Water Treatment Plant Expansion Project Report to three firms; Kennedy-Jenks, Murray-
Smith Associates (MSA), and Brown & Caldwell. After evaluation of the proposals by a three member
City review team (Ric Saavedra, Don Smith and Jim Kelly), it was recommended that the City enter into
negotiations with Brown & Caldwell. The City worked with Brown & Caldwell to draft the attached
Scope of Services, fee schedule, and Professional Services Agreement that will meet the needs of this
project.
ALTERNATIVES:
- Reject the proposal and enter into negotiations with one of the other firms
- Remand to staff for further evaluation
RECOMMENDED ACTION:
Discussion only – no action is being requested at this time.
PROFESSIONAL SERVICES
AGREEMENT 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into in duplicate this ____ day of
______________, 2010, by and between the CITY OF ARLINGTON, a Washington municipal
corporation, hereinafter referred to as the "CITY" and Brown and Caldwell, Inc., a California
corporation, hereinafter referred to as the "SERVICE PROVIDER."
RECITALS:
WHEREAS, the CITY desires to have certain services and/or tasks performed as set forth
below requiring specialized skills and other supportive capabilities; and
WHEREAS, sufficient CITY resources are not available to provide such services; and
WHEREAS, the SERVICE PROVIDER represents that the SERVICE PROVIDER is
qualified and possesses sufficient skills and the necessary capabilities, including technical and
professional expertise, where required, to perform the services and/or tasks set forth in this
Agreement.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performance contained herein, the parties hereto agree as follows:
1. Scope of Services
.
The SERVICE PROVIDER shall perform such services and accomplish such tasks, including the
furnishing of all materials and equipment necessary for full performance thereof, as are identified
and designated as SERVICE PROVIDER responsibilities throughout this Agreement and as
detailed in Exhibit "A" attached hereto and incorporated herein for a Water Supply and
Treatment Facilities project (the "Project").
2. Term
.
The Project shall begin on ________________, 2010, and shall be completed no later than
December 31, 2010 unless sooner terminated according to the provisions herein.
3. Compensation And Method of Payment
.
3.1 Payments for services provided hereunder shall be made following the
performance of such services and in accordance with Exhibit A, unless otherwise
permitted by law and approved in writing by the CITY.
3.2 No payment shall be made for any service rendered by the SERVICE PROVIDER
except for services identified and set forth in this Agreement.
PROFESSIONAL SERVICES
AGREEMENT 2
3.3 The CITY shall pay the SERVICE PROVIDER for work performed under this
Agreement as follows: SERVICE PROVIDER shall submit monthly invoices
detailing work performed and expenses for which reimbursement is sought.
CITY shall approve all invoices before payment is issued. Payment shall occur
within thirty (30) days of receipt and approval of an invoice.
4. Reports And Inspections
.
4.1 The SERVICE PROVIDER at such times and in such forms as the CITY may
require, shall furnish to the CITY such statements, records, reports, data, and
information as the CITY may request pertaining to matters covered by this
Agreement.
4.2 The SERVICE PROVIDER shall at any time during normal business hours and as
often as the CITY or State Auditor may deem necessary, make available for
examination all of its records and data with respect to all matters covered, directly
or indirectly, by this Agreement and shall permit the CITY or its designated
authorized representative to audit and inspect other data relating to all matters
covered by this Agreement. The CITY shall receive a copy of all audit reports
made by the agency or firm as to the SERVICE PROVIDER'S activities. The
CITY may, at its discretion, conduct an audit at its expense, using its own or
outside auditors, of the SERVICE PROVIDER'S activities which relate, directly
or indirectly, to this Agreement.
5. Independent Contractor Relationship
.
5.1 The parties intend that an independent SERVICE PROVIDER/CITY relationship
will be created by this Agreement. The CITY is interested primarily in the results
to be achieved; subject to paragraphs herein, the implementation of services will
lie solely with the discretion of the SERVICE PROVIDER. No agent, employee,
servant or representative of the SERVICE PROVIDER shall be deemed to be an
employee, agent, servant or representative of the CITY for any purpose, and the
employees of the SERVICE PROVIDER are not entitled to any of the benefits the
CITY provides for its employees. The SERVICE PROVIDER will be solely and
entirely responsible for its acts and for the acts of its agents, employees, servants,
subcontractors or representatives during the performance of this Agreement.
5.2 In the performance of the services herein contemplated the SERVICE
PROVIDER is an independent contractor with the authority to control and direct
the performance of the details of the work, however, the results of the work
contemplated herein must meet the approval of the CITY and shall be subject to
PROFESSIONAL SERVICES
AGREEMENT 3
the CITY'S general rights of inspection and review to secure the satisfactory
completion thereof.
6.
Service Provider Employees/agents
The CITY may at its sole discretion require the SERVICE PROVIDER to remove any employee,
agent or servant from employment on this Project. The SERVICE PROVIDER may however
employ that (those) individual(s) on other non-CITY related projects.
7. Hold Harmless/Indemnification
.
7.1 Consultant shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, to the extent arising out of the negligent
acts, errors or omissions of the Consultant in performance of this Agreement,
except for injuries and damages caused by the negligence of the City.
7.2 No liability shall attach to the CITY by reason of entering into this Agreement
except as expressly provided herein.
8. Insurance
.
The SERVICE PROVIDER shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the SERVICE PROVIDER, its
agents, representatives, or employees.
8.1 Minimum Scope of Insurance. SERVICE PROVIDER shall obtain insurance of
the types described below:
a. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
b. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an additional insured under the
SERVICE PROVIDER's Commercial General Liability insurance policy
with respect to the work performed for the City.
c. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
d. Professional Liability insurance appropriate to the SERVICE
PROFESSIONAL SERVICES
AGREEMENT 4
PROVIDER's profession.
8.2 Minimum Amounts of Insurance. SERVICE PROVIDER shall maintain the
following insurance limits:
a. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per accident.
b. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
c. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
8.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, and Commercial
General Liability insurance:
a. The SERVICE PROVIDER's insurance coverage shall be primary
insurance as respects the City. Any insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the SERVICE
PROVIDER's insurance and shall not contribute with it.
b. The SERVICE PROVIDER's insurance shall be endorsed to state
that coverage shall not be cancelled by either party, except after thirty (30)
days prior written notice by regular mail has been given to the City.
8.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A:VII.
8.5 Verification of Coverage. SERVICE PROVIDER shall furnish the City with
original certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the SERVICE PROVIDER before commencement of
the work.
9. Treatment of Assets
.
Title to all property furnished by the CITY shall remain in the name of the CITY and the CITY
shall become the owner of the work product and other documents, if any, prepared by the
SERVICE PROVIDER pursuant to this Agreement after payment to SERVICE PROVIDER.
10. Compliance with Laws
.
10.1 The SERVICE PROVIDER, in the performance of this Agreement, shall comply
with all applicable federal, state or local laws and ordinances, including
regulations for licensing, certification and operation of facilities, programs and
PROFESSIONAL SERVICES
AGREEMENT 5
accreditation, and licensing of individuals, and any other standards or criteria as
described in this Agreement to assure quality of services in accordance with
generally accepted engineering principles.
10.2 The SERVICE PROVIDER specifically agrees to pay any applicable business and
occupation (B & 0) taxes which may be due on account of this Agreement.
11. Nondiscrimination
.
11.1 The CITY is an equal opportunity employer.
11.2 Nondiscrimination in Employment. In the performance of this Agreement, the
SERVICE PROVIDER will not discriminate against any employee or applicant
for employment on the grounds of race, creed, color, national origin, sex, marital
status, age or the presence of any sensory, mental or physical handicap; provided
that the prohibition against discrimination in employment because of handicap
shall not apply if the particular disability prevents the proper performance of the
particular worker involved. The SERVICE PROVIDER shall ensure that
applicants are employed, and that employees are treated during employment
without discrimination because of their race, creed, color, national origin, sex,
marital status, age or the presence of any sensory, mental or physical handicap.
Such action shall include, but not be limited to: employment, upgrading, demotion
or transfers, recruitment or recruitment advertising, layoff or termination, rates of
pay or other forms of compensation, and programs for training including
apprenticeships. The SERVICE PROVIDER shall take such action with respect to
this Agreement as may be required to ensure full compliance with local, state and
federal laws prohibiting discrimination in employment.
11.3 Nondiscrimination in Services. The SERVICE PROVIDER will not discriminate
against any recipient of any services or benefits provided for in this Agreement on
the grounds of race, creed, color, national origin, sex, marital status, age or the
presence of any sensory, mental or physical handicap.
11.4 If any assignment and/or subcontracting has been authorized by the CITY, said
assignment or subcontract shall include appropriate safeguards against
discrimination. The SERVICE PROVIDER shall take such action as may be
required to ensure full compliance with the provisions in the immediately
preceding paragraphs herein.
12. Assignment/subcontracting
.
12.1 The SERVICE PROVIDER shall not assign its performance under this
Agreement or any portion of this Agreement without the written consent of the
PROFESSIONAL SERVICES
AGREEMENT 6
CITY, and it is further agreed that said consent must be sought in writing by the
SERVICE PROVIDER not less than thirty (30) days prior to the date of any
proposed assignment. The CITY reserves the right to reject without cause any
such assignment.
12.2 Any work or services assigned hereunder shall be subject to each provision of this
Agreement and proper bidding procedures where applicable as set forth in local,
state and/or federal statutes, ordinances and guidelines.
12.3 Any technical/professional service subcontract not listed in this Agreement, must
have express advance approval by the CITY.
13. Changes
.
Either party may request changes to the scope of services and performance to be provided
hereunder, however, no change or addition to this Agreement shall be valid or binding upon
either party unless such change or addition be in writing and signed by both parties. Such
amendments shall be attached to and made part of this Agreement.
14. Maintenance and Inspection of Records
.
14.1 The SERVICE PROVIDER shall maintain books, records and documents, which
sufficiently and properly reflect all direct and indirect costs related to the
performance of this Agreement and shall maintain such accounting procedures
and practices as may be necessary to assure proper accounting of all funds paid
pursuant to this Agreement. These records shall be subject at all reasonable times
to inspection, review, or audit, by the CITY, its authorized representative, the
State Auditor, or other governmental officials authorized by law to monitor this
Agreement.
14.2 The SERVICE PROVIDER shall retain all books, records, documents and other
material relevant to this agreement, for six (6) years after its expiration. The
SERVICE PROVIDER agrees that the CITY or its designee shall have full access
and right to examine any of said materials at all reasonable times during said
period.
15. Other Provisions
.
If changes in state law necessitate that services hereunder be expanded, the parties shall negotiate
an appropriate amendment. If after thirty (30) days of negotiation, agreement can not be reached,
this Agreement may be terminated by the City no sooner than sixty (60) days thereafter.
PROFESSIONAL SERVICES
AGREEMENT 7
16. Termination
.
16.1 Termination for Convenience. The CITY may terminate this Agreement, in whole
or in part, at any time, by at least ten (10) days written notice to the SERVICE
PROVIDER.
16.2 Termination for Cause. If the SERVICE PROVIDER fails to perform in the
manner called for in this Agreement, or if the SERVICE PROVIDER fails to
comply with any other provisions of the Agreement and fails to correct such
noncompliance within ten (10) days written notice thereof, the CITY may
terminate this Agreement for cause. Termination shall be effected by serving a
notice of termination on the SERVICE PROVIDER setting forth the manner in
which the SERVICE PROVIDER is in default. The SERVICE PROVIDER will
only be paid for services performed in accordance with the manner of
performance set forth in this Agreement.
17. Notice
.
Notice provided for in this Agreement shall be sent by certified mail to the addresses designated
for the parties on the last page of this Agreement.
18. Attorneys Fees and Costs
.
If any legal proceeding is brought for the enforcement of this Agreement, or because of a
dispute, breach, default, or misrepresentation in connection with any of the provisions of this
Agreement, the prevailing party shall be entitled to recover from the other party, in addition to
any other relief to which such party may be entitled, reasonable attorney's fees and other costs
incurred in that action or proceeding.
19. Jurisdiction and Venue
.
19.1 This Agreement has been and shall be construed as having been made and
delivered within the State of Washington, and it is agreed by each party hereto
that this Agreement shall be governed by laws of the State of Washington, both as
to interpretation and performance.
19.2 Any action of law, suit in equity, or judicial proceeding for the enforcement of
this Agreement or any provisions thereof, shall be instituted and maintained only
in any of the courts of competent jurisdiction in Snohomish County, Washington.
20. Severability
.
20.1 If, for any reason, any part, term or provision of this Agreement is held by a court
PROFESSIONAL SERVICES
AGREEMENT 8
of the United States to be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
20.2 If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith
shall be deemed inoperative and null and void insofar as it may be in conflict
therewith, and shall be deemed modified to conform to such statutory provisions.
21. Entire Agreement
.
The parties agree that this Agreement is the complete expression of the terms hereto and any oral
representations or understandings not incorporated herein are excluded. Further, any
modification of this Agreement shall be in writing and signed by both parties. Failure to comply
with any of the provisions stated herein shall constitute material breach of contract and cause for
termination Both parties recognize time is of the essence in the performance of the provisions of
this Agreement. It is also agreed by the parties that the forgiveness of the nonperformance of any
provision of this Agreement does not constitute a waiver of the provisions of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
the day and year first hereinabove written.
CITY: SERVICE PROVIDER:
CITY OF ARLINGTON BROWN & CALDWELL
Margaret Larson, Mayor Stephen B. Anderson, Vice president
Attest:
Kristin Banfield, City Clerk
.
City of Arlington Page 1 of 5
Water Supply and Treatment Facilities Scope of Services
EXHIBIT A
CITY OF ARLINGTON
WATER SUPPLY AND TREATMENT FACILITIES
SCOPE OF SERVICES
The purpose of the Water Supply and Treatment Facilities project (Project) is to assist the City of Arlington
(City) in pursuing appropriate upgrades and expansions to its potable water supply and treatment facilities
consistent with current City planning efforts and information. The City’s August 2004 Comprehensive Water
System Plan (WSP) summarizes information regarding the City’s potable water utility including projected
increases in water demand as a result of growth and development in areas served by the City water system.
Consistent with Washington State Department of Health (WSDOH) requirements, the City is currently in the
process of updating its WSP for 2010. Given anticipated increases in water system demands and supply
capacity needs as summarized in the City’s WSP documents, the City wishes to plan appropriately and
implement expanded water supply and treatment capacity projects for the future.
The Brown and Caldwell (BC) Scope of Services for the project is divided into the following phases:
Phase 1: Water Supply Alternatives Feasibility Report
Phase 2: Water Supply Facilities Project Report
Phase 3: Water Supply Facilities Design
Phase 4: Water Supply Facilities Construction Management.
Only Phase 1 is specifically authorized and detailed under this Scope of Services. Potential subsequent Phases
2, 3, and 4 may be further scoped and authorized in the future at the discretion of the City and subject to the
outcomes of Phase 1 and other previous phases of this project. To the extent possible, work products for
each phase will be prepared such that they can be easily incorporated into the anticipated work products for
anticipated subsequent project phases. For example, Phase 1 work products will be structured such that they
could be easily incorporated into anticipated subsequent Phase 2 efforts and work products.
The scope and budget for project phases and tasks are expressly developed for the completion of the
products summarized herein and assume a level of effort consistent with project budget estimates. Project
scope and budget assumes appropriate support and input from City staff and that available information
necessary for the completion of this effort will be provided for each task or as otherwise appropriate and
necessary for the work. Additional professional services required beyond this scope or that result in levels of
effort in excess of the labor hours allocated in associated budget estimates will be subject to an understanding
that contractual adjustments may be required including corresponding increases or decreases in project
budgets as determined jointly with the City.
PHASE 1: WATER SUPPLY ALTERNATIVES FEASIBILITY REPORT
Objective: Assist the City with identifying, assessing, documenting, and planning potential water supply and
treatment improvements to expand water supply capacity.
Approach: The approach for the Phase 1 work is divided into the following tasks as individually detailed in
subsequent sections:
Task 1: Assess water supply needs, constraints, and existing capabilities
Task 2: Identify and evaluate water supply and treatment improvement alternatives and prepare
feasibility report
Task 3: Project management
Task 4: Quality assurance/quality control.
City responsibilities: The City’s responsibilities are individually detailed subsequently for each Phase 1 task.
Products: Products are individually detailed subsequently for each Phase 1 task.
City of Arlington Page 2 of 5
Water Supply and Treatment Facilities Scope of Services
Task 1: Assess Water Supply Needs, Constraints, and Existing Capabilities
Objective: Collect and review currently available data regarding City water supply and treatment needs,
limitations, and capabilities to include the Haller Wellfield and Water Treatment Plant (WTP), Airport Well,
other potential groundwater resources, Snohomish County PUD water system intertie connection, and other
potential water system intertie connections with adjacent water purveyors.
Approach: Collect and review background data and information available from the City. Complete a 1-day
onsite interview and review of current water supply and treatment operations with City water operations staff.
Participate with City staff in a project overview discussion with staff from the Washington State Department
of Health Office of Drinking Water. Prepare report sections detailing findings including the following:
Anticipated current and future City water supply needs, water demands, and timing consistent with
information and data presented in existing City planning and water system planning documents.
Existing water supply and treatment capabilities, needs, performance, and limitations of major water
supply and treatment unit processes (e.g., Haller Wellfield raw water supply and pumping, WTP
upflow contact clarifiers, WTP gravity media filters, WTP chlorine contact clearwell, WTP finished
water pumping, Airport Well supply, and Snohomish County PUD water system intertie supply).
Phase 1 effort will not include assessment of non-process-related and secondary system aspects of
the WTP (e.g., structural condition, electrical and controls equipment, chemical feed systems,
building mechanical support systems, etc.).
Historical raw and finished water quality and treatment performance.
Existing and anticipated water quality regulatory requirements and impacts.
Potential other water quality issues and drivers.
Existing and anticipated water rights. Phase 1 effort relating to water rights will be limited to
documenting known information and data from other documents and City staff.
Other potential water supply sources including potential additional groundwater and system intertie
supplies.
Existing and anticipated water supply and production costs.
City responsibilities: Provide background data, documents, and City planning, engineering, and water
operations staff availability to include the following:
Water system planning documents including 2004 WSP and WSP update drafts currently in progress
Water treatment and supply documents including previous background reports, design/as-
built/record drawings and specifications, and site and facilities mapping information
Water quality data for water supply and treatment facilities detailing a 5- to 10-year record of raw
water quality, finished water quality, and treatment performance relative to drinking water quality
regulations
Water rights documentation and information
Water supply and resource evaluation documents and information, including potential
hydrogeological information regarding potential groundwater resources and information regarding
additional potential water system intertie connections with adjacent purveyors
Water supply and production cost information.
Where information provided by the City is from documents that have not yet been completed, approved, or
adopted in final form, such information shall be provided to a level of completion and acceptance by City
staff such that associated information can be considered reliable for Phase 1 project use.
Products: Report sections detailing findings as summarized in task approach, including one initial draft
document and one final draft document.
City of Arlington Page 3 of 5
Water Supply and Treatment Facilities Scope of Services
Task 2: Identify and Evaluate Water Supply and Treatment Improvement Alternatives and Prepare
Feasibility Report
Objective: Assist the City in assessing and planning water supply and treatment improvement alternatives.
Approach: Employ a business case evaluation (BCE) process to assist the City in identifying, evaluating, and
planning the incremental water supply and treatment improvement alternatives that best meet the City’s
anticipated priorities and needs. Possible alternatives to be explored and evaluated include the following:
Optimization of existing Haller Wellfield and WTP infrastructure, equipment, and processes to
increase water production capacity and efficiency
Additional or expanded groundwater supply to include the existing Airport Well and other potential
groundwater resources
Additional or expanded water system intertie supplies to include the existing Snohomish County
PUD supply and other potential intertie supply connections
Additional or expanded Haller Wellfield and WTP facilities to develop increased supply from the
Stillaguamish River, including possible expansion of existing gravity media filtration processes and/or
implementation of potential membrane filtration technologies.
The BCE will employ a six-step collaborative process and include two half-day workshops with City staff.
The process will comprise the following six steps:
Step 1: Form an expert team including relevant City engineering, planning, and water operations staff
Step 2: Define problem and service level needs drawing on Task 1 information (Workshop 1)
Step 3: Identify alternative solutions, identify and prioritize alternative evaluation criteria, and screen
identified alternatives for fatal flaws (Workshop 1)
Step 4: Compile comparative information among alternatives including relative costs, benefits, and
risks and drawing on Task 1 information (Workshop 2)
Step 5: Undertake alternative comparison and life-cycle cost analyses (Workshop 2), participate with
City staff in an alternatives overview discussion with staff from the Washington State Department of
Health Office of Drinking Water
Step 6: Identify, document, and plan for optimal solutions (Workshop 2), including preliminary
assessment and summary of potential project funding mechanisms.
City responsibilities: Provide background data, documents, and City planning, engineering, and water
operations staff availability as needed and relevant to Task 2 objectives and approach. Where information
provided by the City is from documents that have not yet been completed, approved, or adopted in final
form, such information shall be provided to a level of completion and acceptance by City staff such that
associated information can be considered reliable for Phase 1 project use.
Products: Agendas, staff participation, and summaries for each workshop, and report sections detailing BCE
process, analyses, findings, and conclusions, including one initial draft document and one final draft
document.
Task 3: Project Management
Objective: Provide management, direction, coordination, and control of all work associated with the Phase 1
Scope of Services, contract schedule, budget, subconsultants, technical quality, and monthly progress reports
and invoices.
Approach: This task includes the following activities:
Prepare project management and detailed work plan including detailed work task scope descriptions;
application of document, design, drafting, and software standards; staff assignments; estimates;
budgets; cost control procedures; schedules; schedule milestones; and project file management.
Communication and coordination with City staff as necessary for project execution.
City of Arlington Page 4 of 5
Water Supply and Treatment Facilities Scope of Services
When subconsultants are used, provide subconsultant management to include coordination and
review of subconsultant scopes of services, contracting, and any necessary amendments;
subconsultant timecard and invoice processing; subconsultant contract management; and review and
oversight of subconsultant work products.
Respond to client comments and supervise appropriate revisions and adjustments to work products
consistent with established scope and budget limits.
Prepare monthly invoices, including summary reporting, backup materials, and status reports.
Provide communications and/or memoranda identifying project information and data requirements.
City responsibilities: Collect, prepare, update, revise, and provide in electronic format all necessary and
available planning and background data relevant to and necessary for completion of the project. Assign
appropriate reviewers for project work products and compile and provide a single consolidated, coordinated,
legible, and internally consistent copy of written review comments to BC for all draft documents and work
products.
Products: Sustained project management activities for an 8-month project duration, and communication and
coordination with City project management staff, including meetings, presentations, and noted
documentation, subconsultant agreements, documentation required for processing subconsultant pay
requests, responses to City comments, and updated project scheduling as necessary.
Task 4: Quality Assurance/Quality Control
Objective and approach: Provide peer and senior review for technical and qualitative aspects of the project
and related work products.
City responsibilities: Assign appropriate City staff reviewers for project work products and compile and
provide a single consolidated, coordinated, legible, and internally consistent copy of written review comments
to BC for all draft documents and work products.
Products: Technical tasks and deliverables for the project will be subject to peer or senior review to help
ensure the validity of methods and results. Qualitative deliverables for the project will also be subject to
senior review.
PHASE 2: WATER SUPPLY FACILITIES PROJECT REPORT
(Note: Phase 2 is not specifically authorized or scoped under this Scope of Services.)
Anticipated objective: Based on the analyses and findings of the Phase 1 Scope of Services, assist the City
with completion of a Project Report consistent with WSDOH requirements under Chapter 246-290-110 of
the Washington Administrative Code.
Approach, responsibilities, and products: Not specifically known or identified pending completion of the
Phase 1 Scope of Services. A potential future scope of services may be developed later at the discretion of the
City.
PHASE 3: WATER SUPPLY FACILITIES DESIGN
(Note: Phase 3 is not specifically authorized or scoped under this Scope of Services.)
Anticipated objective: Based on products produced under Phase 1 and 2 Scopes of Services, assist the City
with completion of Construction Documents (i.e., drawings and specifications) consistent with WSDOH
requirements under Chapter 246-290-120 of the Washington Administrative Code.
Approach, responsibilities, and products: Not specifically known or identified pending completion of the
Phase 2 Scope of Services. A potential future scope of services may be developed later at the discretion of the
City.
City of Arlington Page 5 of 5
Water Supply and Treatment Facilities Scope of Services
PHASE 4: WATER SUPPLY FACILITIES CONSTRUCTION MANAGEMENT
(Note: Phase 3 is not specifically authorized or scoped under this Scope of Services.)
Anticipated objective: Assist the City with Construction Management services for water supply facility
improvements that may be implemented.
Approach, responsibilities, and products: Not specifically known or identified pending completion of
potential Phase 3 Scope of Services. A potential future scope of services may be developed later at the
discretion of the City.
EXHIBIT B
CITY OF ARLINGTON
WATER SUPPLY AND TREATMENT FACILITIES
BUDGET ESTIMATE
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001 Alternatives Feasibility Report 40 16 36 4 8 28 40 112 12 8 8 312 41,648 1,872 280 4,200 6,352 48,000
001 Needs and Capabilities Assessment 16 0 16 2 2 4 16 50 0 4 0 110 14,364 660 120 2,100 2,880 17,244
002 Alternatives Evaluation 16 0 16 2 2 24 16 60 12 4 0 152 20,874 912 160 2,100 3,172 24,046
003 Project Management 4 16 0 0 0 0 8 0 0 0 8 36 3,976 216 0 0 216 4,192
004 QA/QC 4 0 4 0 4 0 0 2 0 0 0 14 2,434 84 0 0 84 2,518
Leave Blank and Protected
002 Project Report 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Leave Blank and Protected
003 Design 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Leave Blank and Protected
004 Construction Management 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Leave Blank and Protected
GRAND TOTAL 40 16 36 4 8 28 40 112 12 8 8 312 41,648 1,872 280 4,200 6,352 48,000
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City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT C
COUNCIL WORKSHOP:
May 10, 2010
SUBJECT: 67th Avenue, Phase 3 Rehabilitation
Trail Selection
DEPARTMENT OF ORIGIN:
Public Works- Engineering
ATTACHMENTS:
None.
EXPENDITURES REQUESTED: $0
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION: Council is being asked to review the four trail alignments for the 67th Ave –
Phase 3 project and select a preferred alternative to include with the 30% deign.
HISTORY: The City of Arlington has completed Phases 1 & 2 of the 67th Ave project, this work
consisted of reconstructing 67th Ave and installing the Centennial Trail from SR531 (172nd Pl
NE) to 204th St NE. Phase III will complete the reconstruction of 67th Ave and installation of the
Centennial Trail from 204th Street NE to West Avenue. With PSRC grant monies, the City
contracted with HDR to develop several alternatives for completing the Centennial Trail and
widening the roadway. Two alternative trail alignments were presented to the public at an
open house on September 17, 2009. The open house generated so much public input that two
additional alternative trail alignments were developed. At the second open house, March 3,
2010, all four alternative trail alignments were presented to the public. The Council is being
asked to review the four trail alignments for the 67th Ave – Phase 3 project and select a preferred
alternative to include with the 30% deign.
ALTERNATIVES:
Remand to staff for further consideration.
RECOMMENDED ACTION:
No action is being requested at this time.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT D
COUNCIL MEETING DATE:
May 10, 2010 Workshop
SUBJECT: Smokey Point Overlay Contract
and Bid Documents
DEPARTMENT OF ORIGIN:
Public Works
ATTACHMENTS:
• Contract between the Stillaguamish Tribe of Indians and the City of Arlington for the City
to install an asphalt overlay on Smokey Point Overlay – Attachment
• Overlay Bid Documents - Handout at workshop
EXPENDITURES REQUESTED: Estimate $125,000
BUDGET CATEGORY: Transportation Improvement Fund (310)
LEGAL REVIEW: Pending review by City Attorney
DESCRIPTION: There are two Smokey Point Blvd Overlay items attached to this agenda bill for
discussion purposes only:
• A contract between the Stillaguamish Tribe, acting as owner, and the City, acting as
contractor, defining scope of work, terms, and conditions necessary for Stillaguamish to fund
and the City to install an asphalt overlay on Smokey Point Blvd between 175th St. and 184th St.
• Project bid documents consisting of invitation to bid, bid form, contract, specifications, and
drawings.
HISTORY: In 2009 the Stillaguamish Tribe received a $145,000 federal grant from the American
Reinvestment and Recover Act (ARRA) for the maintenance and upgrades to Arlington roads
that are listed on the Indian Reservation Road (IRR) inventory. The Stillaguamish and the City
have jointly determined that Smokey Point Blvd. between 175th St. and 184th St. as the IRR road in
greatest need of repair. The ARRA funding is provided to the Stillaguamish through the Federal
Highways Administration (FHWA), and the Stillaguamish must contract with the City in order for the City
to perform the work. The City prepared Project bid documents and is ready to bid the project. Estimate
as follows:
$ 145,000 Construction Costs (ARRA funding)
$ 125,000 Construction Costs (COA funding)
$ 5,000 WSDOT Materials Testing .
$ 265,000 Estimated Construction Cost
ALTERNATIVES:
- Remand to staff for further evaluation
RECOMMENDED ACTION:
Discussion only – no action is being requested at this time.
AGREEMENT
THIS AGREEMENT, is made and entered into in duplicate this ____ day of April, 2010,
by and between the Stillaguamish Tribe of Indians, hereinafter referred to as the
“STILLAGUAMISH" and the City of Arlington, a Washington municipal corporation,
hereinafter referred to as the "CITY and/or SERVICE PROVIDER".
RECITALS:
WHEREAS, the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5,
(ARRA) has made funds available to the Indian Reservation Road (IRR) Program to be
administered in accordance with US Code Chapter 2 of Title 23;
WHEREAS, the STILLAGUAMISH have listed many roads within the Arlington city
limits as being included in the IRR program, including Smokey Point Boulevard;
WHEREAS, the list of eligible activities this funding can be used for is the same as those
activities eligible under the IRR Program and included in 25 CFR 170;
WHEREAS, the STILLAGUAMISH desires to perform maintenance activities on an IRR
listed road within Arlington city limits; and
WHEREAS, the CITY is qualified and possesses sufficient skills and the necessary
capabilities, including technical and professional expertise, where required, to perform the
services and/or tasks set forth in this Agreement.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performance contained herein, the parties hereto agree as follows:
1. Scope of Services
.
The CITY shall perform such services and accomplish such tasks, including the
furnishing of all contractors, materials and equipment necessary for full performance thereof, as
are identified and designated as CITY responsibilities throughout this Agreement and as detailed
in Exhibit "A" attached hereto and incorporated herein (the "Project").
2. Term
.
The Project shall begin no sooner that April 30, 2010, and shall be completed no later
than September 30, 2010, unless sooner terminated according to the provisions herein.
3. Compensation And Method of Payment
.
3.1 Payments for services provided hereunder shall be made following the
performance of such services.
3.2 No payment shall be made for any service rendered by the CITY except for
services identified and set forth in this Agreement.
3.3 Total payments shall not exceed $150,000.00 (one hundred fifty thousand dollars)
per the following assigned work tasks:
Construction Management $ 15,000
Construction $ 135,000
3.4 The STILLAGUAMISH shall pay the CITY for work performed under this
Agreement as follows: CITY shall submit monthly invoices detailing work
performed and expenses for which reimbursement is sought, along with all
applicable ARRA reporting information submitted on appropriate forms.
STILLAGUAMISH shall approve all invoices before payment is issued. Payment
shall occur within thirty (30) days of receipt and approval of an invoice.
STILLAGUAMISH may withhold $5,000 from the final invoice pursuant to
Paragraph 5.2 herein until final inspection and approval has been completed,
with payment of said amount within 30 days thereafter.
4. Reports And Inspections
.
4.1 The CITY at such times and in such forms as the STILLAGUAMISH and/or the
IRR ARRA program may require, shall furnish to the STILLAGUAMISH such
statements, records, reports, data, and information as the STILLAGUAMISH or
the IRR ARRA program may request pertaining to matters covered by this
Agreement.
4.2 The CITY shall make available for examination all of its records and data with
respect to all matters covered, directly or indirectly by this Agreement and shall
permit the STILLAGUAMISH or its designated authorized representative to audit
and inspect other data relating to all matters covered by this Agreement. The
STILLAGUAMISH shall receive a copy of all audit reports made by the agency
or firm as to the SERVICE PROVIDER'S activities. The STILLAGUAMISH
may, at its discretion, conduct an audit at its expense, using its own or outside
auditors of the CITY’s activities which relate, directly or indirectly, to this
Agreement.
4.3 CITY, as a recipient of Recovery Act funds through the STILLAGUAMISH, will
comply with the Recovery Act’s extensive reporting requirements, including
quarterly financial and programmatic reporting due within 10 calendar days after
the end of each calendar quarter.
4.4 CITY will provide STILLAGUAMISH all reports, documentation, or other
information, as may be required by the IRR ARRA program to meet reporting
obligations under the Recovery Act.
4.5 Recipient Reports- Not later than 10 days after the end of each calendar quarter,
each recipient that received recovery funds from a Federal agency shall submit a
report to that agency that contains:
(a) The total amount of recovery funds received from that agency;
(b) The amount of recovery funds received that were expended or obligated to
projects or activities; and
(c) A detailed list of all projects or activities for which recovery funds were
expended or obligated, including:
i. The name of the project or activity;
ii. A description of the project or activity;
iii. An evaluation of the completion status of the project or
activity;
iv. An estimate of the number of jobs created and the number
of jobs retained by the project or activity; and
v. For infrastructure investments made by State and local
governments, the purpose, total cost, and rationale of the
agency for funding the infrastructure investment with funds
made available under the Recovery Act, and name of the
person to contact at the agency if there are concerns with
the infrastructure investment.
(d) Detailed information on any subcontracts or subgrants awarded by the
recipient to include the data elements required to comply with the Federal
Funding Accountability and Transparency Act of 2006 (Public Law 109-
282), allowing aggregate reporting on awards below $25,000 or to
individuals, as prescribed by the Director of the Office of Management
and Budget.
5. Independent Contractor Relationship
.
5.1 The parties intend that a mutual working relationship will be created by this
Agreement. The STILLAGUAMISH is interested primarily in the results to be
achieved; subject to paragraphs herein, the implementation of services will lie
solely with the discretion of the CITY. The CITY will be solely and entirely
responsible for its acts and for the acts of its agents, employees, servants,
subcontractors or representatives during the performance of this Agreement. The
responsibility for any claim or suit of any nature by any third party related in any
way to the project is solely that of the City.
5.2 In the performance of the services herein contemplated the SERVICE
PROVIDER is an independent contractor with the authority to control and direct
the performance of the details of the work, however, the results of the work
contemplated herein must meet the approval of the STILLAGUAMISH and shall
be subject to the STILLAGUAMISH’s general rights of inspection and review to
secure the satisfactory completion thereof.
6. Insurance
.
6.1 The CITY is self- insured through the Washington Cities Insurance
Authority (WCIA) for comprehensive general liability coverage and will maintain
the insurance current through the term of this Agreement.
6.2 The CITY shall have all subcontractors procure and maintain for the duration of
the Agreement, insurance against claims for injuries to persons or damage to
property which may arise from or in connection with the performance of the
work hereunder by the CITY’s subcontractors, agents, representatives, or
employees.
6.3 Minimum Scope of Insurance. The CITY shall have all subcontractors obtain
insurance of the types described below:
a. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
b. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an insured under the SERVICE
PROVIDER's Commercial General Liability insurance policy with respect
to the work performed for the City.
c. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
d. Professional Liability insurance appropriate to the SERVICE
PROVIDER's profession.
6.4 Minimum Amounts of Insurance. The CITY shall have all subcontractors
maintain the following insurance limits:
a. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
b. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $2,000,000 general aggregate.
c. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
6.5 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional
Liability and Commercial General Liability insurance:
a. The CITY subcontractor’s insurance coverage shall be primary insurance
as respects the CITY and STILLAGUAMISH. Any insurance, self-
insurance, or insurance pool coverage maintained by the City shall be
excess of the SERVICE PROVIDER's insurance and shall not contribute
with it.
b. The CITY subcontractor’s insurance shall be endorsed to state that
coverage shall not be cancelled by either party, except after thirty (30)
days prior written notice by certified mail, return receipt requested, has
been given to the CITY.
6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A:VII.
7. Treatment of Assets
.
Title to all property furnished to the CITY shall remain in the name of the CITY and the
CITY shall become the owner of the work product and other documents, if any, pursuant to this
Agreement.
8. Compliance with Laws
.
The CITY, in the performance of this Agreement, shall comply with all applicable
federal, state or local laws and ordinances, including regulations for licensing, certification and
operation of facilities, programs and accreditation, and licensing of individuals, and any other
standards or criteria as described in this Agreement to assure quality of services.
9. Nondiscrimination
.
9.1 The CITY is an equal opportunity employer.
9.2 Nondiscrimination in Employment. In the performance of this Agreement, the
CITY and its subcontractors will not discriminate against any employee or
applicant for employment on the grounds of race, creed, color, national origin,
sex, marital status, age or the presence of any sensory, mental or physical
handicap; provided that the prohibition against discrimination in employment
because of handicap shall not apply if the particular disability prevents the proper
performance of the particular worker involved.
9.3 The CITY and its subcontractors shall ensure that applicants are employed, and
that employees are treated during employment without discrimination because of
their race, creed, color, national origin, sex, marital status, age or the presence of
any sensory, mental or physical handicap. Such action shall include, but not be
limited to: employment, upgrading, demotion or transfers, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and programs for training including apprenticeships.
9.4 The CITY and its subcontractors shall take such action with respect to this
Agreement as may be required to ensure full compliance with local, state and
federal laws prohibiting discrimination in employment.
9.5 Nondiscrimination in Services. The CITY and its subcontractors will not
discriminate against any recipient of any services or benefits provided for in this
Agreement on the grounds of race, creed, color, national origin, sex, marital
status, age or the presence of any sensory, mental or physical handicap.
9.6 If any assignment and/or subcontracting has been authorized by the CITY, said
assignment or subcontract shall include appropriate safeguards against
discrimination. The CITY and its subcontractors shall take such action as may be
required to ensure full compliance with the provisions in the immediately
preceding paragraphs herein.
10. Assignment/Subcontracting
.
10.1 Any work or services assigned hereunder shall be subject to each provision of this
Agreement and proper bidding procedures where applicable as set forth in local,
state and/or federal statutes, ordinances and guidelines.
11. Changes
.
Either party may request changes to the scope of services and performance to be provided
hereunder, however, no change or addition to this Agreement shall be valid or binding upon
either party unless such change or addition be in writing and signed by both parties. Such
amendments shall be attached to and made part of this Agreement.
12. Maintenance and Inspection of Records
.
12.1 The CITY shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Agreement and shall maintain such accounting procedures and practices as may
be necessary to assure proper accounting of all funds paid pursuant to this
Agreement. These records shall be subject at all reasonable times to inspection,
review, or audit, by the STILLAGUAMISH, its authorized representative, the
State Auditor, or other governmental officials authorized by law to monitor this
Agreement.
12.2 The CITY shall retain all books, records, documents and other material relevant to
this Agreement, for three years after its expiration. The CITY agrees that the
STILLAGUAMISH or its designee shall have full access and right to examine
any of said materials at all reasonable times during said period.
13. Other Provisions
.
13.1 If changes in state law necessitate that services hereunder be expanded, the parties
shall negotiate an appropriate amendment. If after thirty (30) days of negotiation,
agreement cannot be reached, this Agreement may be terminated by the CITY no
sooner than sixty (60) days thereafter.
13.2 Wage Rate Requirements under Section 1606 of the American Recovery and
Reinvestment Act of 2009 – Davis-Bacon Act. All laborers and mechanics
employed on projects funded directly by or assisted in whole or in part by and
through the Federal Government pursuant to the Recovery Act, shall be paid
wages at rates not less than those prevailing on projects of a character similar in
the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code (Davis-Bacon Act).
The work performed shall also be subject to the State’s prevailing wage laws,
Chapter 39.12 RCW.
13.3 Protection of Whistleblowers – An employee, or subcontractor of any non-Federal
employer receiving covered funds under the Recovery Act may not be discharged,
demoted, or otherwise discriminated against as a reprisal for disclosing, including
a disclosure made in the ordinary course of an employee’s duties, to the
Accountability and Transparency Board, an inspector general, the Comptroller
General, a member of Congress, a State or Federal regulatory or law enforcement
agency, a person with supervisory authority over the employee (or other person
working for the employer who has the authority to investigate, discover or
terminate misconduct,) a court or grant jury, the head of a Federal agency, or their
representatives information that the employee believes is evidence of:
a. Gross mismanagement of an agency contract or grant relating to covered
funds;
b. Gross waste of covered funds;
c. Substantial and specific danger to public health or safety related to the
implementation or use of covered funds;
d. Abuse of authority related to the implementation or use of covered funds;
or
e. Violation of law, rule, or regulation related to an agency contract
(including the competition for or negotiation of a contract) or grant,
awarded or issued relating to covered funds.
14. Termination
.
14.1 Termination for Convenience. The CITY or the STILLAGUAMISH may
terminate this Agreement, in whole or in part, at any time, by at least five (5) days
written notice to the other party.
15. Notice
.
Notice provided for in this Agreement shall be sent by certified mail to the addresses
designated for the parties on the last page of this Agreement.
16. Attorneys Fees and Costs
.
If any legal proceeding is brought for the enforcement of this Agreement, or because of a
dispute, breach, default, or misrepresentation in connection with any of the provisions of this
Agreement, the prevailing party shall be entitled to recover from the other party, in addition to
any other relief to which such party may be entitled, reasonable attorneys' fees and other costs
incurred in that action or proceeding.
17. Jurisdiction and Venue
.
17.1 This Agreement has been and shall be construed as having been made and
delivered within the State of Washington, and it is agreed by each party hereto
that this Agreement shall be governed by laws of the State of Washington, both as
to interpretation and performance.
17.2 Any action of law, suit in equity, or judicial proceeding for the enforcement of
this Agreement or any provisions thereof, shall be instituted and maintained only
in any of the courts in Snohomish County, Washington.
18. Severability
.
18.1 If, for any reason, any part, term or provision of this Agreement is held by a court
of the United States to be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
18.2 If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith
shall be deemed inoperative and null and void insofar as it may be in conflict
therewith, and shall be deemed modified to conform to such statutory provisions.
18.3 Waiver of Default
. Waiver of any default shall not be deemed to be a waiver of
any subsequent default. Waiver or breach of any provision of the Agreement
shall not be deemed to be a waiver of any other or subsequent breach and shall not
be construed to be a modification of the terms of the Agreement.
19. Indemnification
.
To the fullest extent permitted by the law, the CITY expressly agrees to and shall
indemnify, defend and hold harmless the STILLAGUAMISH and its agencies, officials, agents
and employees from and against all claims, actions, costs, damages, or expenses of any nature
arising out of or incident to the CITY's or any contractor's performance or failure to perform the
Agreement. The CITY's obligation to indemnify, defend and hold harmless also includes any
claim by CITY's agents, employees, representatives or any contractor or its employees. The
CITY's obligation to defend includes payment of any costs or attorneys' fees.
CITY's obligation shall not include such claims that may be caused by the sole
negligence of STILLAGUAMISH, its officials, agents, and employees. If the claims or damages
are caused by or result from the concurrent negligence of (a) STILLAGUAMISH, its agents or
employees and (b) the CITY, its contractors, agents, or employees, this indemnity provision shall
be valid and enforceable only to the extent of the negligence of the CITY or its contractors,
agents, or employees.
20. Entire Agreement
.
The parties agree that this Agreement is the complete expression of the terms hereto and
any oral representations or understandings not incorporated herein are excluded. Further, any
modification of this Agreement shall be in writing and signed by both parties. Failure to comply
with any of the provisions stated herein shall constitute material breach of contract and cause for
termination Both parties recognize time is of the essence in the performance of the provisions of
this Agreement. It is also agreed by the parties that the forgiveness of the nonperformance of any
provision of this Agreement does not constitute a waiver of the provisions of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
the day and year first hereinabove written.
CITY OF ARLINGTON STILLAGUAMISH TRIBE OF INDIANS
____________________________ _________________________________________
Margaret Larson, Mayor Patrice Kempf, Vice Chairwoman
Attest:
____________________________________
Kristin Banfield, City Clerk
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT E
COUNCIL WORKSHOP DATE:
May 10, 2010
SUBJECT: Discussion of Transportation
Benefit District
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
No attachments – handout at meeting
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION: Snohomish County Council has been considering developing a Transportation Benefit
District (TBD) and has solicited interest from cities throughout the county inquiring if they would
support and join in the formation of a countywide TBD. Organization and management of the
countywide TBD, as well as distribution of funds, would be covered by an interlocal agreement.
HISTORY: A TBD is a quasi-municipal corporation and independent taxing district created for the sole
purpose of acquiring, constructing, improving, providing, and funding transportation improvements
within the defined district. Cities, towns and counties may establish TBDs to fund capital improvements
and operation of city streets, county roads and state highways, high capacity transportation systems,
public transportation, and other transportation programs of regional or statewide significance including
transportation demand management.
Statutory authority for TBDs has existed for 20 years. However, until 2007, to establish a TBD required
a vote of the people; in 2007 the law was amended to allow a City or County to form a TDB by
ordinance following the procedures set forth in Chapter 36.73; however, before a county can form a
TBD, it must first attempt to for a TBD with its cities.
The main reason many municipalities have formed TBDs is to keep pace with the rising costs of
maintaining transportation infrastructure. Funds generated by a TBD can be used for maintenance and
improvements to city streets, investments in high capacity transportation, public transportation,
transportation demand management and other transportation projects identified in a regional
transportation planning organization plan.
Please see handout for additional information.
ALTERNATIVES:
- Bring back for additional discussion at May 24, 2010 Council Workshop
RECOMMENDED ACTION:
Discussion only – no action is being requested at this time.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT E
COUNCIL WORKSHOP DATE:
May 10, 2010
SUBJECT: Discussion of Transportation
Benefit District
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
No attachments – handout at meeting
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION: Snohomish County Council has been considering developing a Transportation Benefit
District (TBD) and has solicited interest from cities throughout the county inquiring if they would
support and join in the formation of a countywide TBD. Organization and management of the
countywide TBD, as well as distribution of funds, would be covered by an interlocal agreement.
HISTORY: A TBD is a quasi-municipal corporation and independent taxing district created for the sole
purpose of acquiring, constructing, improving, providing, and funding transportation improvements
within the defined district. Cities, towns and counties may establish TBDs to fund capital improvements
and operation of city streets, county roads and state highways, high capacity transportation systems,
public transportation, and other transportation programs of regional or statewide significance including
transportation demand management.
Statutory authority for TBDs has existed for 20 years. However, until 2007, to establish a TBD required
a vote of the people; in 2007 the law was amended to allow a City or County to form a TDB by
ordinance following the procedures set forth in Chapter 36.73; however, before a county can form a
TBD, it must first attempt to for a TBD with its cities.
The main reason many municipalities have formed TBDs is to keep pace with the rising costs of
maintaining transportation infrastructure. Funds generated by a TBD can be used for maintenance and
improvements to city streets, investments in high capacity transportation, public transportation,
transportation demand management and other transportation projects identified in a regional
transportation planning organization plan.
Please see handout for additional information.
ALTERNATIVES:
- Bring back for additional discussion at May 24, 2010 Council Workshop
RECOMMENDED ACTION:
Discussion only – no action is being requested at this time.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT F
COUNCIL MEETING DATE:
May 10, 2010
SUBJECT: Purchase and Sale Agreement
for the purchase of the property located at
the proposed 173rd and Smokey Point Blvd
intersection
DEPARTMENT OF ORIGIN:
Public Works
ATTACHMENTS: To be distributed at the Workshop
EXPENDITURES REQUESTED: $440,000.00
BUDGET CATEGORY: Transportation Improvement Fund (310)
LEGAL REVIEW: Pending final review by City Attorney
DESCRIPTION: The City has been in negotiations with the owners of a property located at the
proposed 173rd and Smokey Point Blvd intersection and is ready to submit a Purchase and Sale
Agreement to the property owners.
HISTORY: The City has long planned for the development of a roadway immediately north and
parallel to 172nd; this proposed road would be 173 Street. He purpose of the road is to develop
infrastructure that will support commercial development in Smokey Point and to lay the
groundwork for a secondary transportation grid to serve the area.
The City conducted a property appraisal and shared this with the current property owner;
Yasuko Conner. The appraisal listed the property as having a value of $450,000.00.
ALTERNATIVES:
• No Action at this time
RECOMMENDED MOTION:
No Action is being recommended at this time.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT G
COUNCIL WORKSHOP DATE:
May 10, 2010
SUBJECT:
Task Order 7 with KIA to perform a Utility
Rates Structure Study
DEPARTMENT OF ORIGIN:
Public Works – Utility Admin
ATTACHMENTS:
None, handout at workshop
EXPENDITURES REQUESTED: Estimate - $18,680.00
BUDGET CATEGORY: Sewer CIP (406) & Water CIP (405)
LEGAL REVIEW: Pending review by City Attorney
DESCRIPTION: Task Order #7 to Katy Isaksen & Associates (KIA) to analyze current water and
sewer utility rate structure and recommend new structure based on usage.
HISTORY: During the recent public hearings for the Sewer Rate Increase many citizens
expressed concern that the rate structure is not based on utility (water & sewer) usage. These
comments led Council to request that the City reevaluate its current utility rate structure and see
if: (1) a rate structure based on usage could be developed and (2) what would the recommended
rate structure be. The City contacted its utility financial consultant and requested a proposal to
perform such a study.
ALTERNATIVES:
Remand to staff for further evaluation
RECOMMENDED ACTION:
Discussion only – no action is being requested at this time.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT H
COUNCIL MEETING DATE:
May 10, 2010
SUBJECT:
Draft Ordinance Revising AMC Chapter 13.12
– Water, Sewer & Stormwater Rates
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Ordinance Revising AMC Chapter 13.12 – Water, Sewer & Stormwater Rates
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is ongoing
DESCRIPTION:
The proposed changes to the Sewer rates previously reviewed with Council have now been
placed in ordinance form for Council’s review. Also included in this chapter is the recalculation
of the water and stormwater rates with the applicable taxes included, per council direction.
HISTORY:
The City Council has been reviewing the Sewer rates since January and has held 3 public
hearings on the proposed rate structure.
ALTERNATIVES:
RECOMMENDED MOTION:
No action at this time.
ORDINANCE NO.
2010-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING AND
ARLINGTON MUNICIPAL CODE CHAPTER 13.12 RELATING TO WATER AND SEWER
RATES
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 12, relating to streets and sidewalks;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Chapter 13.12 is repealed in its entirety.
Section 2. A new Chapter 13.12 is hereby added to the Arlington Municipal Code, as
follows:
Chapter 13.12
WATER AND SEWER RATES
13.12.010 Classifications, rates, charges and rules for water service.
13.12.020 Classifications defined.
13.12.030 Basic rate defined.
13.12.040 Water rates and charges.
13.12.050 Water rate credits.
13.12.060 Average estimated charges.
13.12.070 Bimonthly billing option.
13.12.100 Classifications, rates, charges and rules for sewer service.
13.12.110 Residential classifications.
13.12.120 Residential and other sewer rates and charges.
13.12.130 Commercial classification and sewer rates and charges.
13.12.140 Industrial user classification and charges.
13.12.150 Low income senior citizens' rates.
13.12.160 Payments and deposits.
13.12.170 Partial collection of rates.
13.12.180 Billing of charges.
13.12.190 Utility and lien search and special water meter reading
request.
13.12.200 Due date for charges.
13.12.210 Connection charges--Surcharge for customers outside the
city limits.
13.12.220 Failure to Receive Mail.
13.12.230 Water connection and meter charges.
13.12.240 Sewer connection charges.
13.12.250 Sewer connection charges--Industrial.
13.12.260 Appeals.
13.12.500 Classifications, rates, charges and rules for stormwater
service.
13.12.510 Classification of property.
13.12.520 Real property in an undeveloped condition.
13.12.530 Property exempt from service charges.
13.12.540 Initial service charge rates.
13.12.550 Credit potential for private, on-site control facilities on non
single-family properties and school facilities.
13.12.010
The classifications, rates and charges for water service and the rules governing such
service are fixed as follows in Sections 13.12.020 through 13.12.070.
Classifications, rates, charges and rules for water service.
13.12.020 Classifications defined
(a) Residential Unit. A residential dwelling unit, whether a separate structure or a part of
a duplex, triplex or apartment, including trailer or mobile home park units. Each
residential unit shall be charged a minimum of one basic charge, as defined in Section
13.12.040, based on meter size, plus a rate based on consumption. In the case of
multiple-family residential units, the basic charge shall be the sum of the basic charge
for the first unit based on actual meter size, plus one basic charge for each additional
residential unit, for the minimum meter size (5/8 by 3/4 inch).
.
(b) Commercial Units or Industrial Units. A commercial unit or industrial unit consists of
any public or private premises not defined as a residential unit, and as hereinafter
defined:
(1) Premises occupied by only one business or activity or tenant shall be deemed a
separate commercial unit. Each such commercial unit or industrial unit shall be
charged one basic charge, as hereinafter defined, for the meter size, plus a rate
based on consumption.
(2) In case of multiple-occupancy commercial or industrial facilities, the basic charge
for the first unit based on actual meter size, plus one basic charge for each
additional commercial or industrial billing unit, as defined in AMC 13.04.050(e),
for the minimum meter size (5/8 by 3/4 inch).
13.12.030
(a) The basic rate shall be the minimum monthly charge schedule based on meter size
and the monthly rate schedule based on consumption (or the sprinkling rate schedule
based on consumption, if applicable), set forth in Section 13.12.040.
Basic rate defined.
(b) In cases where there is more than one basic rate charged on water served by one
meter, the charges and allocations thereof shall be as follows:
(1) One minimum monthly charge, and fraction thereof, shall be charged for each
basic rate, and fraction thereof, allowable;
(2) With respect to consumption, the amount of water allowed under the minimum
rate and the amount of water allowed under the scheduled rates in excess thereof
shall be multiplied by the number, including fractions, of basic rates charged on
said meter;
(3) With respect to meters on which more than one basic rate is charged and where
the services are greater than three-fourths inch, the basic rate shall be computed
with respect to higher minimum applicable to the larger service pipe unless
otherwise specified in the classifications defined under Section 13.12.020.
13.12.040
State and city utility taxes are included in the following rates and charges for water
service. The water charges shall include a base charge by meter size, and a consumption
rate, as set forth below.
Water rates and charges.
Beginning on January 15, 2011, the rates set forth for the year 2010 shall be increased
annually by the October reported percentage increase of the Consumer Price Index (CPI)
for the Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure
commonly used by the city should it change; provided, however, that notwithstanding
any reduction in the CPI, rates shall not decrease.
(a) Minimum monthly charge schedule based upon meter size:
TABLE INSET:
Base Rate By Meter Size 2010
5/8"-- 3/4" $ 32.02
1" $ 44.78
1.5" $ 57.55
2" $ 92.70
3" $ 352.09
4" $ 448.26
6" $ 672.28
8" $ 928.52
(b) Monthly rate schedule charged per one hundred cubic feet based upon consumption:
TABLE INSET:
Plus Consumption Rate per 100 cubic feet 2010
First 300 cubic feet (cf) Included in base rate
Next 700 cubic feet $ 2.93
Over 1,000 cubic feet $ 3.09
Over 3,000 cubic feet $ 3.09
(c) Fair and equitable minimum rates for water consumers having meters larger than four
inches shall be fixed by the city council and written agreements shall be entered with
the users setting forth said rates. The city council may enter into contracts with water
users deviating from such rates where special circumstances dictate; provided that,
such rates shall not be discriminatory.
(d) Temporary Water Service - Temporary water service for construction purposes,
circuses, carnivals or for any other purpose temporary in nature that will not require a
permanent service installation must be obtained through a Fire Hydrant Use Permit as
stipulated in AMC 13.04.100(e). Charges for temporary use of water shall be as
follows:
Temporary Water Services Charges
Security Deposit $750.00
Monthly Equipment Rental Fee (3/4” meter) $50.00
Usage Rate
First 300 cubic feet (cf) Included in base rate
Next 700 cubic feet $ 2.93
Over 1,000 cubic feet $ 3.09
Over 3,000 cubic feet $ 3.09
(1) The Security Deposit shall be refunded to the customer after the equipment has
been returned and inspected for any damages; customer shall be solely
responsible for all damages. Customers shall be billed on a monthly basis for
monthly equipment rental charges and usage fees from the date of temporary
service installation.
(2) The usage rates set forth for temporary water service shall be increased annually
by the October reported percentage increase of the Consumer Price Index (CPI)
for the Seattle-Tacoma-Bremerton area for All Urban Consumers, or other
measure commonly used by the city should it change; provided, however, that
notwithstanding any reduction in the CPI, rates shall not decrease.
(e) Charges for water from the city's mains for construction purposes, circuses, carnivals
or for any other purpose temporary in nature that will not require a permanent service
installation, shall be determined by the Public Works Director and/or the city council,
by special arrangement. Charges for temporary use of water may be based upon
comparable use or service as established hereinabove plus a fixed charge for the cost
of installing and removing such service.
13.12.050 Water rate credits
In the event of elevated charges to a customer resulting from a water leak or other non-
intentional and non-negligent act, the customer may petition the city for a credit to be
applied to the account to be determined by standard procedures set by the authority of the
utility, pursuant to AMC 13.04.080. The credit shall be applied no more than one time
per consecutive month per customer account.
.
13.12.060 Average estimated charges
When a meter has ceased to register since the preceding reading, due to mechanical
breakdown or when it is impossible to read a meter that is buried in debris, or for any
other reason is unreadable, or when it is necessary during any month to remove such
meter either temporarily or permanently for unforeseen reasons, or if any other condition
exists which would not permit a full monthly measurement of the water used in any
premises during the month, the water department is authorized to average the bills of
such user for previous available months and to charge such average bill monthly during
the continued presence of any of the conditions listed above.
.
13.12.070 Bimonthly billing option
In the event the city council determines it advisable to read any or all water meters
bimonthly, the water department is authorized to estimate bills for such water service on
the basis of previous consumption, for the month for which the meter has not been read,
and to correct the charge to actual consumption on the following bill.
.
13.12.100 Classifications, rates, charges and rules for sewer service
The rates and charges for sanitary sewerage disposal service for each user or class of user
are fixed as follows in Sections 13.12.110 through 13.12.140.
.
13.12.110
(a) Biological Oxygen Demand (BOD) means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures in five
days at twenty degrees Centigrade, expressed in parts per million by weight.
Definitions of Terms used
(b) Commercial Classification– utility service to a business that is not classified as
Residential Service under Section 13.12.120 or classified as an industrial service
under Section 13.12.150.
(c) Connection Fees – a fee paid to the appropriate utility as a condition of being allowed
to connect to the utility system.
(d) Industrial Classification—utility service to a business that is not a commercial service
under AMC 13.12.140.
(e) Inside City Limits – the area within the Arlington city limits as now or hereafter
configured;
(f) Outside City Limits – the area outside the Arlington city limits as now or hereafter
configured;
(g) Residential Classification – a service to a single-family residence, duplex, triplex,
apartment, trailer or mobile home park, or other residential property.
(h) Total Suspended Solid (TSS) – means the amount of solids in sewage that can be
trapped by a filter.
13.12.120 Residential classifications
The residential classification shall include single-family residences, duplexes, triplexes,
apartments, trailer and mobile home parks and other residential properties. Each
residential unit shall be charged one base rate.
.
13.12.130
State and city utility taxes are included in the following rates and charges for sewer
service. The effective dates for the following four-year plan will be based on the city's
billing cycle for use beginning on June 1, 2010, and January 15th of each year thereafter:
Residential and other sewer rates and charges.
TABLE INSET:
Sewer Charges
(Monthly) 2010 2011 2012 2013
Base rate per residential unit $ 57.45 $ 62.80 $ 68.15 $ 73.50
Beginning on January 15, 2014, the rates set forth for the year 2013 shall be increased
annually by the October reported percentage increase of the Consumer Price Index (CPI)
for the Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure
commonly used by the city should it change; provided, however, that notwithstanding
any reduction in the CPI, rates shall not decrease.
13.12.140
(a) All sanitary sewerage users consisting of any public or private premises not classified
under Section 13.12.110 or classified as an industrial user under Section 13.12.121,
shall be classified as commercial and charged upon the basis of water consumption.
State and city utility taxes are included in the following rates and charges for sewer
service. The effective dates for the following four-year plan will be based on the city's
billing cycle for use beginning on June 1, 2010 and January 15th of each year
thereafter. Each user shall pay a minimum monthly charge of one base rate plus a
volume rate for all consumption over three hundred cubic feet per month.
Commercial classification and sewer rates and charges.
TABLE INSET:
Sewer
Charges
(Monthly)
2010 2011 2012 2013
Base rate
(includes
300 cubic
feet per
month)
$57.45 $62.80 $ 68.15 $73.50
Volume
rate (per
100 cubic
feet per
month)
$ 5.95
$ 6.50
$ 7.05
$ 7.60
(b) Beginning on January 15, 2014, and on January 15th
(c) The Finance Director may elect to bill the user for the user’s sanitary sewerage
charges during each calendar year upon a fixed monthly basis determined on or about
April 1st each year by computing the average monthly water consumption for the
period from November 15th of the preceding year to March 15th of the following
year and charging rates based upon such average monthly water consumption. Where
there is no history of the November 15th to March 15th period, the charges shall be
based upon actual consumption until such a history exists.
each year thereafter the rates set
forth for the year 2013 shall be increased annually by the October reported percentage
increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area
for All Urban Consumers, or other measure commonly used by the city should it
change, provided, however, that notwithstanding any reduction in the CPI, rates shall
not decrease.
(d) Where the use of water is such that a portion of all water used is lost by evaporation,
irrigation, sprinkling or other causes, upon proof to the city of such fact and of the
amount of water so lost, any such user may have the charges changed to reflect such
water loss.
(e) If more than one such user is located in any one building or upon any one lot, each
month each such user shall separately pay their proper rate for sewage disposal
service.
(f) The above rates are established for general sewer service conditions. Where special
conditions affect the sewage load or where a service from a single building or lot
discharges the combined waste from two or more businesses or users on a single
water meter, the proration of the rate shall be set by the city, taking into account the
sewage services provided or to be provided, but in no event shall the charge for each
such user be less than the minimum charges set forth in Sections 13.12.100 through
13.12.150 of this chapter.
13.12.150 Industrial user classification and charges
The rates and charges for industrial users, as defined in Sections 13.08.240, 13.08.250,
and 13.36 of this code, shall be as follows:
.
(a) All user charges shall be based upon equitable unit charges established for flow BOD
(biochemical oxygen demand) loading and TSS (total suspended solids) loading,
based upon the average BOD, TSS and other parameter(s) concentrations (as
established by the Public Works Director) monitored for the industrial user and the
flow recorded in the monitoring manhole or water use.
(b) A minimum monthly charge will be established by the city to cover the basic sewer
costs and monitoring of the industrial user's wastewater discharge, and in the event
the monthly sewer bill does not exceed this amount the industrial user shall agree to
pay the estimated minimum monthly charge. This charge shall be reviewed from time
to time and adjusted to ensure the charge is covering the monitoring services and
sewer costs provided and must be reviewed every two years. Initially, the monthly
charges shall be based on the following, unless otherwise established in the
negotiated discharge permit:
(1) For an industrial user with waste strength less than two hundred fifty mg/l,
measured as five-day BOD and TSS, and other parameters within limits
established in Sections 13.08.240, 13.08.250, 13.36 of this title, and whose
discharge does not require regular monitoring other than flow, the minimum
monthly charge is as set forth below:
TABLE INSET:
Sewer Charges
(Monthly)
2010
2011
2012
2013
waste strength <250 mg/l $352.00
$384.00
$417.00
$449.00
(2) For an industrial user with waste strength in excess of two hundred fifty mg/l for
two months or more per year, the minimum monthly charge is as set forth below:
TABLE INSET:
Sewer Charges
(Monthly)
2010
2011
2012
2013
waste strength >250 mg/l
$1,406.00
$1,536.00 $1,666.00 $1,797.00
(3) Beginning January 15, 2014, and each January 15th thereafter, the charges set
forth in subsections (a) (1) and (a) (2) of this section, shall be increased annually,
by the October reported percentage increase of the Consumer Price Index (CPI)
for the Seattle-Tacoma-Bremerton area for All Urban Consumers, or other
measure commonly used by the city should it change; provided, however, that
notwithstanding any reduction in the CPI, rates shall not decrease.
(c) Until such time as a sewer user charge analysis can be conducted to establish
equitable charges under a negotiated discharge permit between the city and the
industrial user, the following shall be used as the basis for industrial user charges:
(1) Flow based charge per cubic foot of wastewater discharged;
(2) BOD charge per pound of BOD discharged;
(3) TSS charge per pound of TSS discharged;
TABLE INSET:
Sewer Charges (Monthly)
2010
2011
2012
2013
Flow-based charge (per cubic
foot) $0.01681 $0.01837 $0.01993 $0.02150
BOD charge (per pound BOD)
$0.529 $0.578 $0.627 $0.675
TSS charge (per pound TSS) $0.354 $0.386 $0.419 $0.452
(4) Beginning January 15, 2014, and each January 15th thereafter, the charges set
forth in subsections (c) of this section, shall be increased annually, by the October
reported percentage increase of the Consumer Price Index (CPI) for the Seattle-
Tacoma-Bremerton area for All Urban Consumers, or other measure commonly
used by the city should it change; provided, however, that notwithstanding any
reduction in the CPI, rates shall not decrease.
(d) Flow shall be based upon one hundred percent of the water consumption or rate of
flow of wastewater discharge into the sewer (measured in an industrial user installed
flow measurement and recording equipment installed in control manhole, pursuant to
Chapter 13.36 of the Arlington Municipal Code). Strength of wastewater discharged
shall be established based upon twenty-four-hour composite samples made by the city
at the control manhole and tested by the city's wastewater treatment plant laboratory
or state certified testing laboratory. All testing shall be in accordance with the latest
edition of "Standard Methods for Examination of Water and Wastewater," APHA,
AWWA and WPCF. BOD and TSS, pounds per day, shall be calculated based upon
concentration of composite samples and established flow rates.
(e) Appeal.
(1) If any user believes that a portion of the user’s metered flow, larger than ten
percent, is not discharged into the sewer system (when flow measurement is not
provided in the control manhole), the user should make written application to the
Public Works Director for review of the user's flow of wastewater. If the Public
Works Director agrees that charges for the user should be adjusted, they shall so
notify the city council, which may approve such change, or direct a
recomputation of the user's sewer rates.
(2) If the Public Works Director does not agree to the adjustment of user charges,
the user may further appeal to the city council, which may direct further study or
take other appropriate action.
13.12.160
(a) For qualifying senior citizens as defined in this section, the base residential rates and
consumption and volume charges set out in Sections 13.12.040 and 13.12.120 shall be
Low income senior citizens' rates.
reduced by forty percent; provided, however, that the CPI increases referred to in
Sections 13.12.040 and 13.12.120 shall not be so reduced.
(b) For purposes of this section, the term "qualifying senior citizens" shall mean those
ratepayers who are sixty-one years of age or older, whose household income is
twenty-eight thousand dollars or less. For purposes of verifying income, ratepayers
seeking to qualify under this section shall provide annual proof of age and income as
may be required by the city upon forms retained by the Finance Director for that
purpose.
13.12.170 Payments and deposits
The water and sewer rates and charges set forth in Sections 13.12.010 through 13.12.160
and the stormwater rates and charges set forth in Sections 13.12.500 through 13.12.550
are and shall be considered rates and charges for the combined utility systems.
.
13.12.180 Partial collection of rates
In the event of partial payment of the total amount of such rates and charges, such
payment shall be applied prorata to amounts due under Sections 13.12.010 through
13.12.160 and in Sections 13.12.500 through 13.12.550. All remedies available under this
chapter, including termination of water and sewer utility service, shall be available to the
city for the collection of any balance due that has become delinquent.
.
13.12.190 Billing of charges
All charges authorized under this chapter shall be billed to the owner of the premises
being served, provided that upon written authorization by such owner charges may be
billed to the tenant. The owner has complete responsibility for payment of charges even if
the tenant is receiving the bill. A fully executed rental agreement between the owner and
the tenant is deemed as acceptable authorization.
.
13.12.200
The city of Arlington provides utility and lien searches and special meter readings for the
closing totals for real estate transactions occurring in Arlington. The cost of providing a
utility and lien search and special meter readings shall be paid in advance by those
making the request.
Utility and lien search and special water meter reading requests.
(a) For each request for service received by the city of Arlington the following listed
fee(s) shall be charged and imposed:
TABLE INSET:
Services Fees
1. Utility and lien search request $30.00
2. Special water meter reading request $50.00
(b) For the purpose of this chapter "Special Water Meter Reading" shall be defined as a
reading of a customer's water meter occurring on any day other than the day the city
has established as the property's regular scheduled water meter reading.
(c) Every request received by the city of Arlington, whether by mail, fax or electronically
will be either charged the above fee for an estimated closing amount or the above fee
for a special meter reading and an actual closing amount. The fees will be added to
the closing amount given to the escrow company.
13.12.210
The monthly utility bill for water, sewer, and stormwater service shall be paid
immediately upon billing and will be considered delinquent if not paid in full 20 days
from the billing date in which the service was originally charged. A penalty of five
percent for each thirty days or fraction thereof shall be assessed against all delinquencies.
Due date for charges.
13.12.220 Failure to Receive Mail
Failure to receive mail shall not be recognized as a valid excuse for failure to pay water
bills when due. Change in ownership of property and change in mailing address must be
provided to the Finance Department. All bills shall be sent to the customer's billing
address provided the City.
.
13.12.230
In addition to the foregoing rates and charges, the city shall charge at the time of
connection for each residential unit or equivalent residential unit connected to the water
or sewer system the charges set forth in Sections 13.12.220 and 13.12.230; provided,
however, that for customers to be served outside of the city limits of the city of Arlington,
the connection charges set forth in Sections 13.12.240(a), 13.12.250, and 13.12.260 shall
be increased by fifty percent. Additional regulations regarding utility connections outside
city limits are contained in AMC Chapter 13.20.
Connection charges--Surcharge for customers outside city limits.
13.12.240
(a) Connection Charge. A connection charge is a charge for a share of the city’s potable
water system that a service connection must pay as a condition of being allowed to
connect to the city’s potable water system. The proportionate share is based on the
anticipated water impact the service will have on the city’s potable water system and
is measured as an Equivalent Residential Unit (ERU) to which the water connection
serves as determined by Table 1 in Section 13.12.230 of this chapter. One ERU is
defined as 300 gallons of water per day.
Water connection and meter charges.
For property served within the city limits, a charge shall be made as shown in the
below table for the first, or base, ERU. Each water service connection shall, at a
minimum, be charged for one ERU. The connection charge(s) for each additional
ERU, as rounded up or down to the next full ERU, is included in the table below
TABLE INSET:
Meter Size Water Connection Charge
⅝ or ¾ inch $4,300.00
1 inch $10,750.00
1- 1/2 inch 21,500.00
2 inch 34,400.00
3 inch 64,500.00
4 inch 107,500.00
6 inch 215,000.00
Over 6 inches Amount over $215,000.00 to be
determined by council
Fee for each ERU in addition to the first or base
ERU (regardless of meter size) $4,300.00
(b) Meter Installation Charge. In addition to the connection charges specified in
subsection 13.12.240(a) of this section, the city shall charge for each building or
service connected to the water system within the city, a meter installation charge, as
set forth in the below table:
TABLE INSET:
Meter Size Installation Charge
⅝ or ¾ inch $720.00
1 inch $1,080.00
1- 1/2 inch $1,580.00
2 inch $2,230.00
3 inch $4,250.00
4 inch $6,770.00
6 inch Cost established at the time of installation
Over 6 inches To be determined by city council
(c) Performance of Work. The city may perform all or part of the installation of the
service at the sole cost of the person receiving the water service. In such case, the
applicant shall deposit with the Finance Director the estimated amount of the cost of
installation prior to the work being done.
(d) Time of Payment of Charges--Excess and Deficiencies. All charges imposed under
this section, including connection charges, meter fees, material, labor and overhead
costs, shall be paid in advance. If any advance payment based on an estimate is
excessive, the city shall refund the excess on completion; and if the estimated amount
paid is insufficient, the city shall bill such excess to the person owing the same and
such excess shall be forthwith paid to the city.
(e) Additional Charges. An additional charge will be made in all cases for repair of such
street paving, curbs and gutters, and sidewalks as may be damaged by the installation
of the water service, based upon actual cost to the city of materials, equipment, labor
and overhead. Upon application, the city will estimate the amount of the additional
charge, and the applicant shall deposit with the Finance Director the estimated
amount prior to the work being done.
13.12.250 Sewer connection charges
Except as otherwise provided herein, the city shall charge a sewer connection charge for
each residential unit or equivalent residential unit as calculated in Table 1 of this section.
The connection charge shall be in the amount of eight thousand four hundred dollars
($8,400) per equivalent residential unit. These fees shall be paid for each building or
service to be connected to the sewage system, whether it connects directly to the sewer
line or is combined with two or more services and connected to the sewer line at a single
point. Such connection and other charges are as set forth in Table 1 of this section.
.
(a) Beginning on January 15, 2011, the connection fee set forth for the year 2010 shall be
increased annually by the percentage increase of the October Consumer Price Index
(CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other
measure commonly used by the city should it change.
(b) Connection charges for industrial users as defined in Section 13.08.050 shall be
computed as set forth in Section 13.12.260.
(c) Side Sewer Installation – All side sewers shall be installed in accordance with Section
13.08.210.
(d) In all cases there shall also be paid a side sewer permit and inspection fee in the
amount of one hundred eighty dollars for the first residential unit or equivalent
residential unit connected to the service and thirty-six dollars for each additional
residential unit or equivalent residential unit as determined by the unit definition for
sewer connection charges.
(e) Field inspection fees for inspection requested other than side sewer permits shall be
charged at the rate of seventy-five dollars per hour with one-hour minimum charge.
(f) All charges imposed under this chapter shall be paid in advance. If any advance
payment based on an estimate is insufficient, then the city shall bill such excess to the
person owing the same.
(g) Table 1 establishes Equivalent Residential Unit (ERU) rates for typical facilities
based on standardized water use data. Table 1 is the basis for determining the ERU
count for all water and sewer services and shall be reapplied with any change in
operation or use. One ERU is defined as 300 gallons of water or sewage per day.
Table 1
TABLE INSET:
Typical Facilities Measurement Basis
Estimated
ERU Rate
Restaurants -- inside seating 1,000 sf (gross) 3.0
Drive-thru " 5.0
Deli/coffee shop " 1.0
Dry retail (hardware, clothing, et al) " 0.2
Wet retail (grocery, florist, et al) " 0.4
General office " 0.3
Medical/dental " 0.5
Hair salon " 0.5
Laundry Each machine 0.7
Car wash -- automatic each 20.0
Hand each bay 2.0
Auto service -- gas plaza each pump 0.1
Repair shop 1,000 sf (gross) 0.5
Mini-mart " 0.5
School -- elementary 100 students and
staff 1.0
Junior high / Middle school 100 students and
staff 1.2
High School 100 students and
staff 1.5
Hotel or motel room 0.5
Warehouse or manufacturing (no process water or
wastewater) 1,000 sf 0.1
Church " 0.5
Multifamily Each dwelling unit 0.67
Industrial See note 1 See note h
All other uses See note 2 See note i
Speculative buildings See note 3 See note j
(h) Industrial. Industrial applications require submittal of a written description of the
industrial process, with a floor plan of the plumbing system, that defines expected
production levels and water consumption. Equivalent residential unit determination
will be computed from the forecasted average daily consumption (not discounted for
weekends or holidays).
(i) All Other Uses. Equivalent residential unit determination will be made on a case-by-
case basis based on like uses, whenever information is available.
(j) Speculative Buildings. Equivalent residential unit determination will be computed for
a use typical to the allowed zoning, such as dry commercial, general office or
warehouse.
13.12.260 Sewer connection charges--Industrial
For those users which are defined as industrial users under AMC Chapter 13.36, the
public works director or his or her designee shall establish a connection fee based on the
formula set forth in subsection (b) of this section. To the extent possible, the public works
director or designee shall utilize historical data in establishing the connection fee.
.
(a) For the purposes of this section, the following terms shall have the following
meanings:
(1) "Equivalent residential unit of BOD" means twelve and one-half pounds of
biochemical oxygen demand per month.
(2) "Equivalent residential unit of flow" means one thousand cubic feet per month of
flow.
(3) "Equivalent residential unit of TSS" means twelve and one-half pounds of total
suspended solids per month.
(b) The connection fee for connections made under this section shall be calculated to
include a flow rate per equivalent residential unit, plus a BOD rate per equivalent
residential unit, plus a TSS rate per equivalent residential unit as shown:
TABLE INSET:
Industrial Sewer Connection Fees
(Flow + BOD + TSS per ERU)
FLOW $5,060.00
BOD $3,035.00
TSS $2,025.00
(c) At any time within twelve months of the imposition of the connection fee, the public
works director, or his/her designee may review the connection fee imposed under
subsection (b) of this section. In the event the equivalent residential units as defined
in subsection (a) of this section were estimated incorrectly, the city may impose an
additional connection fee to take into account higher equivalent residential units.
13.12.270
Any property owner of an approved final plat, subdivision, multiple residential dwelling,
or commercial, nonresidential, or industrial property may administratively appeal the
sewer or water connection charges established herein to the City’s Hearing Examiner,
which shall review the reasonableness of the connection fee proposed to be charged,
taking into account other mitigation which may have been made to impacts on the city
water and sewer systems.
Appeals.
13.12.500
The classifications, rates and charges for stormwater service and the rules governing such
service are fixed as follows in Sections 13.12.510 through 13.12.550, and shown in Table
2.
Classifications, rates, charges and rules for stormwater service.
Table 2. Property Classification and ESUs for Stormwater Rate Assessment
Stormwater Property Classification Number of ESUs
Exempt N/A
Undeveloped 0
Residential, SFR 1
Residential, Duplex 2, 1 per dwelling unit
Residential, Triplex 3, 1 per dwelling unit
Residential, Homeowners’ Assoc & Common Areas Impervious area / 6000 sf
Residential, Multi-family (apartments, condominiums,
mobile home parks)
Impervious area / 6000 sf
School Impervious area / 6000 sf
Commercial, Institutional, Other Impervious area / 6000 sf
Irrigation 0
Industrial Impervious area / 6000 sf
13.12.510
The utility shall estimate or measure the impervious area of each parcel of developed real
property within the boundaries of the utility to determine the number of equivalent
service units (ESUs), as defined in section 13.28.050(m), that are contained therein; six
thousand square feet of impervious area shall equal one ESU. See Table 2.
Classification of property.
(a) All single-family residences, duplexes and triplexes are deemed to contain one ESU
per dwelling unit.
(b) For all other developed real properties, including multifamily, condominiums and
mobile home parks, the utility shall determine the number of ESUs contained thereon
by dividing the number of square feet of impervious area on each property by six
thousand; the total thus obtained will be rounded to the nearest whole number
representing the ESUs contained on such property.
(c) Each developed parcel of property shall be deemed to contain a minimum of one
ESU. Credits shall not reduce this minimum.
13.12.520 Real property in an undeveloped condition
Stormwater service charges shall be determined by the amount of impervious area
contained on each parcel of real property. Those properties remaining in an undeveloped
condition are deemed not to make use of the services of the utility or of the facilities of
the system beyond that used by such property in the natural state. Therefore, no service
charge shall be imposed upon that real property.
.
13.12.530
The following special categories of property are exempt from service charges:
Property exempt from service charges.
(a) City street rights-of-way;
(b) State of Washington highway rights-of-way and Snohomish County road rights-of-
way so long as the state of Washington and Snohomish County shall agree to
maintain, construct and improve all drainage facilities contained within such rights-
of-way as required by the utility in conformance with all utility standards for
maintenance, construction and improvement hereafter established by the utility and so
far as such maintenance, construction and improvements shall be achieved at no cost
to the utility or to the city.
13.12.540 Initial service charge rates
In accordance with the rate structure established herein, there is hereby levied upon all
developed real property within the boundaries of the utility, the following service
charges:
.
(a) For all single-family residences, the monthly service charge shall be three dollars and
forty-five cents ($3.45) per month.
(b) For all other developed property including multifamily, condominiums and mobile
home parks within the boundaries of the utility, except as specified under Section
13.28.130, the monthly service charge shall be three dollars and forty-five cents
($3.45) per month multiplied by the number of equivalent service units determined by
the utility to be contained in such parcel.
(c) For all single-family property owners qualifying for the senior low-income utility
discount established in Section 13.12.160, the discount shall apply to stormwater
service charges.
13.12.550 Credit potential for private, on-site control facilities on non single-family
properties and school facilities
(a) The utility may grant a credit for private, on-site control facilities that benefit the
overall stormwater system. Details pertaining to eligibility and applying for a credit
are detailed in the Stormwater Credit Manual as defined in section 13.28.050(ff). The
eligibility of the credit shall be reviewed on an annual basis to ensure proper
maintenance of said private facilities. The administrator of the utility shall determine
the forms, requirements and process for determining eligibility.
.
(b) The utility shall grant public schools additional credit upon receipt of an acceptable
curriculum showing how the district provides education regarding stormwater issues.
Each site owned and operated by the district in support of education shall be eligible
for this credit in addition to any site-specific credits also available for individual sites.
The administrator of the utility shall determine the forms, requirements and process
for determining eligibility.
Section 3. Severability
. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 4. Effective Date
. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 2010.
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT I
COUNCIL MEETING DATE:
May 10, 2010
SUBJECT:
Draft Ordinance Revising Title 13
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Ordinance Revising Title 13 – Water & Sewer
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is ongoing
DESCRIPTION:
The proposed changes previously reviewed with Council have now been placed in ordinance
form for Council’s review. AMC Title 13 discusses a variety of regulations involving water,
sewer and stormwater.
HISTORY:
The City Council is reviewing the Arlington Municipal Code to update it for eventual
publication to the City’s website.
ALTERNATIVES:
RECOMMENDED MOTION:
No action at this time.
ORDINANCE NO.
2010-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING AND
REPEALING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 13
RELATING TO WATER AND SEWER REGULATIONS
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 12, relating to water and sewer regulations;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Chapter 13.04 is repealed in its entirety.
Section 2. A new Chapter 13.04 is hereby added to the Arlington Municipal Code, as
follows:
Chapter 13.04
WATER REGULATIONS
13.04.010 Title.
13.04.020 Water department established.
13.04.030 Purpose.
13.04.040 Territorial application.
13.04.050 Intent.
13.04.060 Definitions.
13.04.070 Applicability
13.04.080 Authority of the utility.
13.04.090 Intent to serve.
13.04.100 Service interruptions.
13.04.110 Comprehensive Water system plan.
13.04.120 Emergency plan.
13.04.130 Water shortage contingency plan.
13.04.140 Connections or modifications to the water system.
13.04.150 System ownership.
13.04.160 Permits and Approvals.
13.04.170 Demolition and removal of structures
13.04.180 Engineering and design requirements.
13.04.190 Fire Services
13.04.200 Installation responsibility.
13.04.210 Latecomer agreements.
13.04.220 Water easement requirements.
13.04.230 Construction requirements.
13.04.240 Construction and warranty inspections and tests.
13.04.250 Water quality programs.
13.04.260 Wellhead protection
13.04.270 Cross-connection abatement and control.
13.04.280 Water conservation practices
13.04.290 Maintenance of water system.
13.04.300 Existing system inspections.
13.04.310 Interconnection with adjacent water systems.
13.04.320 Regulations of other agencies.
13.04.330 Fees for permits/approvals – Specific services.
13.04.340 Connection charges.
13.04.350 Water rates.
13.04.360 Violations – Penalties.
13.04.010
This chapter shall be known as the water utility code and shall be referred to herein as the
“code.”
Title.
13.04.020
A department of the combined water and sewer department of the city, which shall be
known as the utility department, is established. The officers and other employees shall
consist of such personnel as deemed necessary for the efficient administration of the
department.
Water department established.
13.04.030
The purpose of this code is to:
Purpose.
(a) Provide for the planning, security, design, construction, use, maintenance, repair and
inspection of public and private water systems and to protect the life, health and
property of the general public.
(b) Establish programs and regulations consistent with federal and state regulations
which assure the quality of the water in such systems as well as provide for the
efficient and conservative use of such water.
(c) Provide for the enforcement of the provisions of this code.
13.04.040 Territorial application
This code shall be in effect throughout the utility service area, as defined in AMC
13.04.050.
.
13.04.050 Intent
It is the specific intent of this code to:
.
(a) Enact an exercise of the police power of the City of Arlington to protect and preserve
the public health, safety and welfare; its provisions shall be liberally construed to
accomplish this purpose.
(b) Provide for and to promote the health, safety and welfare of the general public and
not to create or otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefitted.
(c) Place the obligation of compliance upon the owner/operator. Nothing contained in
this code is intended to be or shall be construed to create or form the basis for liability
on the part of the City of Arlington, its utility, officers, employees or agents for any
injury or damage resulting from the failure of the owner or operator of any private
system to comply with the provisions of this code, or by reason or in consequence of
any act or omission in connection with the implementation or enforcement of this
code by the City of Arlington, its utility, officers, employees or agents.
13.04.060
The following words and phrases, when used in this code, shall have the following
meanings:
Definitions.
(a) “AMC” means Arlington Municipal Code.
(b) “As-built” means a final drawing of the actual installation of structures, materials
and equipment that meets the requirements specified in the most recent edition of
the “City of Arlington Engineering Design and Construction Standards and
Specifications”.
(c) “Backflow” means the flow of contaminated water or other liquids, gases or
substances into the potable water supply.
(d) “Backflow prevention assembly” means an assembly which prohibits the
backflow of water into the potable water supply.
(e) “Billing Unit” means, in the case of multiple occupancy commercial or industrial
facilities, each unit shall be defined as an occupancy or business capable of
standing alone. A unit that has restroom facilities, a separate entrance and that is
able to operate regardless of whether other businesses or units are open for
business. For example, a florist within a supermarket would not be a billing unit; a
florist in a multiple occupancy strip mall with its own entrance would be a
separate unit for billing purposes.
(f) “City” means the City of Arlington, Washington unless otherwise specified.
(g) Comprehensive Water System Plan” means the latest version of the City of
Arlington Comprehensive Water System Plan as adopted by the City Council.
(h) “Connection charges” means charges imposed as a condition of providing utility
service so that each connecting property bears its equitable share of the costs of
the public water system and the utility’s share the cost of any regional water
supply system and of the costs of facilities that benefit the property. Connection
charges may include latecomer charges and installation charges.
(i) “Cross-connection” means any actual or potential physical connection between
the public water system or the consumer’s water system and any source of non-
potable liquid, solid or gas that could contaminate the potable water supply by
backflow.
(j) “Cross-connection control” means a backflow prevention assembly, air gap or
other control designed to prevent backflow from a cross-connection.
(k) “Director” means the director of the Arlington Public Works Department, or
his/her designated representative.
(l) “Emergency” means any natural or human caused event or set of circumstances
which disrupts or threatens to disrupt or endanger the operation, structural
integrity or safety of the public water system; constitutes an immediate health
hazard to the potability of the utility’s water supply or endangers the health and
safety of the public; or otherwise requires immediate action by the utility.
(m) “Engineering Standards” means the most recently adopted edition of the City of
Arlington Design and Construction Standards and Specifications manual which
includes minimum requirements for the design and construction of water, storm
and surface water drainage and sanitary sewer facilities.
(n) ”ERU” means equivalent residential unit. One ERU equals 250 gallons per day,
the estimated average consumption for one residential unit. The ERU is used for
connection fee calculations and is based on the number of residential units the
project will represent in terms of impact to the utility.
(o) “Inactive Service” means any water service that has not been in use for 5 years or
more. Reactivation of a water service that has been inactive for 5 years or more
shall only be reactivated upon payment of all fees for a new connection in effect
at the date of reactivation. No service credit will be allowed for services
discontinued for 5 years or more.
(p) “Fire hydrant assembly” means a fire hydrant and the piping and valve to connect
it to a water main.
(q) “Fire sprinkler system” means a privately owned and maintained system used for
fire extinguishment only, including piping and appurtenances inside and outside a
building but excluding fire hydrant assemblies.
(r) “Irrigation systems” means any means of applying water to landscaped areas.
(s) “Low-volume irrigation systems” means automatic irrigation systems, such as
drip systems, micro-spray bubblers and soaker hoses that apply water directly to
the root zone(s) of landscape plants only, in contrast to irrigation systems, such as
those with overhead or broadcast nozzles that apply water to all surfaces within
the landscape.
(t) “Potable water system” means any part of the public water system or of a private
water system that carries potable water.
(u) “Private water system” means any part of the water system that is not part of the
public water system.
(v) “Property owner” means any individual, company, partnership, joint venture,
corporation, association, society or group that owns or has a contractual interest in
the subject property or has been authorized by the owner to act on his/her behalf.
(w) “PRV” means pressure reducing valve. A PRV is a valve installed on the water
service to reduce system pressure to the customer. The PRV is installed, owned,
operated and maintained by the customer.
(x) “Public water system” means all pipes, pump stations, reservoirs, sources of
supply, meters, valves and appurtenances that are owned by the utility for the
delivery of potable water. The public water system does not include those
facilities located on the customer side of meters, or the customer side of backflow
prevention assemblies on non-metered fire services.
(y) “Service connection.” See “water service.”
(z) “Service Credit” means when an active service is temporarily (5 years or less)
discontinued for purposes of replacement of existing customer uses, either as
replacement of existing structures or redevelopment the new service may be given
credit for the existing service on the request for service application. The ERU’s
originally paid for on the existing use may be credited against the connection fees
determined by the utility for the new use.
(aa) “Regional water supply system” means any existing or planned water
supply facilities or other assets which are owned by a regional water supply
agency and which are utilized to provide water supply to the utility.
(bb) “Unsafe condition” means any condition on any premises, or in any
private water system thereon, that is a hazard to public health or safety, that does
or may impair or impede the operation or functioning of any portion of the public
water system, or that may cause damage thereto.
(cc) “Utility” means the water utility component of the Utilities Division of the
City of Arlington Public Works Department.
(dd) “Utility service area” means that service area defined in the North
Snohomish County Coordinated Water System Plan (CWSP).
(ee) “Water emergency” means that period of time during which water is not
available or its availability is limited due to shortages in supply, interruptions in
the water transmission or distribution systems, contamination of water supplies, or
other conditions where use restrictions or prohibitions are necessary in order to
efficiently and effectively safeguard the safety and health of the general public
and to provide water for essential public uses.
(ff) “Water facility” means any facility for the source of supply, pumping, treatment,
conveyance or storage of water and related appurtenances, whether part of the
public water system or a private water system that is connected to or intended to
be connected to the public water system.
(gg) “Water main” means a water pipe that is part of the public water system
used for the transmission and distribution of potable water, excluding service
connections, fire hydrant assemblies and fire sprinkler systems.
(hh) “Water service” (also called a service, water service connection or service
connection) means the pipe and appurtenances used to provide potable water to an
individual building or irrigation system, including the water service line (the pipe
extending from the water main to the meter), meter, meter box, and miscellaneous
fittings.
(ii) “Water system” means the entire public water system within the utility service
area.
(jj) “Water system plan” means the most current version of water system
comprehensive plan for the utility as approved by the DOH and adopted by
Council.
13.04.070 Applicability of the utility
Any of the actions or applications for the following permits shall require submittal for
approval by the utility of site plans, design drawings, and operation and maintenance
plans. Submittals for the following shall be consistent with the provisions of this code
and shall comply with the adopted Water System Plan and the Engineering Standards.
(a) Any modification to the existing water system.
(b) Any additions, expansions or extensions of the existing water system.
(c) New development.
(d) Redevelopment that requires alterations to the water system.
(e) Subdivision and short subdivisions
(f) Commercial, industrial or multi-family site plan approval.
13.04.080
The utility, by and through its director, shall have the authority to:
Authority of the utility.
(a) Develop, adopt and carry out procedures as needed to implement this code and to
carry out other responsibilities of the utility, including, but not limited to, procedures
pertaining to the billing and collection of water consumption charges, water service
charges and all other fees and charges imposed pursuant to this code, and procedures
for periodic adjustment of fees and charges imposed pursuant to this code and rate
structure as defined in AMC 13.12.
(b) Prepare and update, as needed, City of Arlington Engineering Standards to establish
minimum requirements for the design and construction of water facilities and
requirements for protecting existing facilities during construction. The Engineering
Standards shall be consistent with this code and adopted city policies.
(c) Administer and enforce this code and all procedures relating to the planning,
acquisition, security, design, construction, inspection, maintenance, management,
operation and alteration of the public water system, including capital improvements,
and relating to the design, construction and inspection of private water systems.
(d) Enter into any contracts pursuant to Chapter 35.91 RCW, the Municipal Water and
Sewer Facilities Act, including contracts which provide for the reimbursement of
owners constructing facilities (latecomer agreements) and agreements with private
property owners for the extension of the public water system (utility extension
agreements).
(e) Advise the city council, city administrator and other city departments and
commissions on matters relating to the utility.
(f) Initiate and manage programs to further the water quality requirements and objectives
of the utility including inspection of public and private property to identify and
eliminate potential sources of contamination of the public water system and the
sources of supply including inspection of backflow prevention assemblies installed to
separate or isolate premises from the public water system.
(g) Develop and implement programs and restrictions related to water use, including the
comprehensive water conservation program, landscape water budgeting requirements,
irrigation system design and performance requirements, and a water shortage
contingency plan to be implemented during water shortages caused by weather or by
system failure.
(h) Prepare and recommend the water system plan referenced in AMC 13.04.070 and
revisions thereto, for adoption by the city council and implementation by the utility.
(i) Carry out other responsibilities as required by this code or other city codes,
ordinances or regulations consistent with the Arlington Comprehensive Plan.
(j) Shut off water to any utility customer who is violating any provision of this code to
the extent permitted by law.
(k) Perform or direct the performance of financial review and analysis of the utility’s
revenues, expenses, indebtedness, rates and accounting and recommend budgets, rates
and financial policy for adoption by the city council.
13.04.090 Intent to serve
The utility intends to provide water service to all customers within the utility service area,
subject to the requirements of this code, other provisions of the Arlington Municipal code
and applicable state law, and such reasonable conditions which may be attached to the
provision of service.
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13.04.100 Service interruptions
The utility does not guarantee that water will be continuously available within the utility
service area. Water may be temporarily unavailable due to a system failure, emergency,
construction or maintenance or other unforeseen circumstance.
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13.04.110 Comprehensive Water System Plan
A water system plan, also referred to as the City’s Water Comprehensive Plan, shall be
developed by the utility for review and adoption by the city council as required by state
law. The utility shall recommend supplemental or updated plans for adoption by the city
council as needed.
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13.04.120 Emergency plan
The utility will prepare and update an emergency plan, as required by WAC 246-290-
415, as part of the City’s Emergency Operation Plan, for review and adoption by the city
council.
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13.04.130 Water shortage contingency plan
The utility shall develop, maintain and implement as necessary, a water shortage
contingency plan to respond to anticipated or actual water supply shortages resulting
from weather conditions, regional water system failure and/or local public water system
failure. The director is authorized to implement the water shortage contingency plan at
such times as the city’s water supply is threatened by or experiencing a water supply
shortage. Within the framework of the Water Shortage Contingency Plan, the director
may impose restrictions or limitations on the use of water by type of use, customer class
or geographic area depending upon the nature and extent of the water supply shortage. A
rate surcharge may be imposed pursuant to AMC 13.04.270.
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13.04.140
Connections or modifications to the public water system including, but not limited to,
extension of water mains, new service, meter size, location and grade changes,
abandonment or removal of any structure connected to the public water system, and
temporary connections to a fire hydrant, shall be allowed only if:
Connections or modifications to the water system.
(a) Approval has been received from the utility (see AMC 13.04.160); and
(b) All applicable requirements of this code and utility procedures have been met; and
(c) All applicable Engineering Standards have been met and approved by the utility; and
(d) The property owner has paid all applicable fees and charges; and
(e) The water is delivered from the utility to the user via a metered service owned by the
utility, except for fire sprinkler systems over two inches in diameter and except for
authorized temporary use of fire hydrants; and
(f) Any private wells serving the property are disconnected from the potable water
supply, decommissioned per Engineering Standards, and existing water rights
transferred to the utility; and
(g) Any existing non-reusable water services are abandoned; and
(h) The property is within the utility service area or within an area served by the utility
through agreement with another jurisdiction.
13.04.150
Utility Ownership of Water Facilities.
System ownership.
(a) The utility owns all water facilities in public right-of-way and in easements dedicated
to and accepted by the utility, up to and including the meter, except to the extent that
private ownership is otherwise indicated as a matter of record. Such facilities
typically include:
(1) Meters and all facilities connecting meters with water mains;
(2) Pipe and fittings from the back side of the meter to the point of connection to the
private system at the right of way, property line or easement line.
(3) Water mains;
(4) Fire hydrant assemblies;
(5) Reservoirs, pumping stations, inlet meters, pressure reducing valve stations and
other appurtenances intended to serve the general public;
(6) The valve separating the public water system from a private fire sprinkler system.
(7) PRV’s are required for all services. The installation, operation, maintenance and
ownership of the PRV is the responsibility of the owner of the property being
served.
(8) Separate shut off valves are required for all services. The installation, operation,
maintenance and ownership of the shut off valve is the responsibility of the owner
of the property being served.
(b) The utility may acquire existing private water facilities, provided that:
(1) Ownership of the facility by the utility would provide a public benefit; and
(2) Necessary and appropriate property rights are offered by the property owner at no
cost to the utility; and
(3) The facility meets current Engineering Standards, as determined by the utility, or
is brought up to current Engineering Standards by the owner; and
(4) The utility has adequate resources to maintain the facility; and
(5) The facility is transferred to the utility by bill of sale at no cost to the utility.
(c) It is unlawful for any person, except Water Department personnel or Fire Department
personnel, to tamper with any portion of the City owned water system, including the
operation of valves, fire hydrants, meters, appurtenances, vandalism and theft of
water.
13.04.160
(a) General. The utility shall administratively determine submittal requirements for all
utility permits and approvals.
Permits and Approvals.
(b) Application for Water Service. An application for water service is required to initiate
a new or upgraded connection to the public water system.
(c) Water System Extension Agreement.
(1) The property owner and the utility shall enter into a water system extension
agreement whenever any of the water facilities that must be installed to serve the
property for the proposed use are two (2) inch and larger. The water system
extension agreement shall provide for the property owner to build, at no cost to
the utility, all the water facilities needed to serve the property. These facilities
may include meters and water services of any size, fire hydrant assemblies, fire
sprinkler systems, water main extensions and/or other system components. The
minimum facility size shall be in accordance with the Engineering Standards of
the City of Arlington.
(2) The utility shall approve constructed facilities as complete once the facilities have
been built according to the approved plans and specifications, as confirmed by
utility inspectors; as-built drawings have been completed as specified in the
Engineering Standards; and all applicable fees and charges have been paid.
(3) The property owner shall be required to provide surety devices, in a form
approved by the City: for water system extensions in city right-of-way; for
connections to the water main during construction and for a warranty period in
accordance with the City of Arlington Engineering Standards.
(4) When a water system extension agreement is required to serve a proposed
commercial or multifamily building, the utility will not sign off on the building
permit until the system extension agreement has been approved and accepted by
the utility. When a water system extension agreement is required to relocate a
water main from under a proposed building, the utility shall not sign off on the
building permit until the system extension has been completed and has been
accepted by the utility, unless the building permit is conditioned to require
relocation prior to site construction.
(d) Approval for Single Fire Hydrant Installation. The utility may allow relocation or
upgrade of a single fire hydrant through an administrative process rather than through
a water system extension agreement, provided that proof of insurance and a surety
device acceptable to the utility are furnished to the utility and all review and
inspection fees are paid. A warranty period shall be required in accordance with the
City of Arlington Engineering Standards.
(e) Fire Hydrant Use Permit. A fire hydrant use permit is required to use water provided
through fire hydrants. There is a deposit required, a monthly rental fee and a use fee
based on the actual consumption. A fire hydrant use permit will be issued only if the
applicant demonstrates need and agrees in writing to the following conditions:
(1) Water may be drawn from the fire hydrant only through hydrant meters or
adapters owned by the utility.
(2) Truck or tank backflow assemblies for tank lot sales are subject to utility
approval. The customer must pass a utility cross-connection inspection prior to
permit issuance.
(3) Persons issued fire hydrant use permits must:
(a) Return utility-owned equipment in good condition by the date specified and
compensate the utility for any loss or damage.
(b) For tank lot sales, the customer must utilize utility owned metering equipment
and report the meter readings as specified by the utility.
(4) Tank trucks may only draw water from fire hydrants designated by the utility for
this purpose.
(5) The utility may suspend fire hydrant use permits during water emergencies or if
the customer violates any of the conditions listed under this subsection (e).
(6) No water shall be used other than through a utility authorized metering device,
any theft of water shall be a misdemeanor
(f) Contractors. Contractors shall be licensed in accordance with Washington State
requirements and shall be registered with the City of Arlington.
(g) Other Permits. It is the property owner’s responsibility to identify and obtain all
permits/approvals required for any proposed work, such as, but not limited to, any
approvals required by the Washington State Department of Fish and Wildlife, the
Washington State Department of Ecology and the Army Corp of Engineers.
13.04.170
(a) Utility services to existing structures must be protected during the demolition or
removal of such structures. See 13.04.060 for inactive service definition and
13.04.050 for service credit definition for redevelopment.
Demolition or removal of structures.
(b) Existing wells must be decommissioned per the City of Arlington Engineering
Standards.
13.04.180
(a) General.
Engineering and design requirements.
(1) The property owner is responsible for water system design.
(2) The water system designer must be a civil engineer licensed in the State of
Washington and qualified by both experience and educational background in the
design of water facilities.
(3) Engineering and design shall conform to the City of Arlington Design and
Construction Standards and Specifications manual.
(b) Water Facility Requirements.
(1) Whenever property is developed or redeveloped in any way such that water
demand or use is altered, new water facilities are required whenever necessary to:
(a) Meet fire flow and other fire protection requirements, including the
number and location of fire hydrants and fire sprinkler components, as
determined by the fire marshal’s office of the jurisdiction in which the
project is located.
(b) Meet domestic and irrigation flow requirements. See the Engineering
Standards.
(c) Meet pressure requirements. See the Engineering Standards.
(d) Replace or relocate existing facilities as required or authorized by the
utility.
(2) Whenever property is developed or redeveloped, water mains shall be extended
through and to the extremes of the property being developed as required by the
utility when needed for the orderly extension or efficient gridding of the public
water system.
(c) Water Service Design.
(1) Water services shall be sized and designed in accordance with the Engineering
Standards.
(2) Each premise shall have appropriately sized and designed separate water service
or services. All services shall be metered. Premises containing no more than three
multiple residential dwelling units, commercial or industrial businesses shall have
a separate metered water service for each individual dwelling unit and/or
commercial or industrial unit, except where situations and/or special conditions
exist that make an individual service for each unit impossible or unfeasible at the
discretion of the Director of Public Works. The Director of Public Works shall
determine when such situations or conditions prohibit individual services.
(3) Condominiums must have individual metered water services to each
condominium unit.
(4) No water service or water main shall be located under or within 5’ of any
building.
(d) Cross-Connection Control. All connections to the public water system shall comply
with the backflow prevention requirements of AMC 13.04.280.
13.04.190 Fire Services
(a) Fire protection services are installed solely for the purpose of providing water to
public fire hydrants, automatic fire sprinkler systems, on-site fire hydrants or
standpipes.
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(b) It is unlawful for any person, except Water Department personnel or Fire Department
personnel, to open, operate, close, turn on, turn off, interfere with, or connect
anything to a public fire hydrant or fire hydrant valve.
(c) All privately owned fire protection services shall include a flow-detection device of a
type approved by the utility. No domestic water supply connections are allowed on a
fire protection service.
(d) The water department shall not be liable or responsible for any losses by fire for
reason of any lack of supply of water or water pressure at the time of fire alarms or at
any other time. Water is supplied for domestic and sprinkling purposes, not for fire
protection to any consumer, and all contracts for water are made subject to this rule.
13.04.200
(a) Utility Installation.
Installation responsibility.
(1) The utility may install water services two inches and smaller in diameter, where
services are not provided through a water system extension agreement pursuant to
AMC 13.04.160, provided the owner agrees to pay all costs, fees and charges
pursuant to AMC 13.04.140.
(b) Property Owner Installation. The property owner shall install all water facilities
required by this code and/or necessary to serve the property.
(c) Costs. The property owner shall be responsible for all installation costs regardless of
whether the work is done by the utility or by the owner, provided that:
(1) If the utility requires a property owner to upsize a water facility for reasons other
than fire protection purposes or to adequately serve the owner’s property, the
utility will compensate the property owner for the difference in cost between the
normally sized water facility and the oversized water facility, based on the lowest
of three bids from reputable licensed contractors furnished by the property owner.
Upsizing means the difference between the City of Arlington minimum design
standards and the city’s desired facility size.
(2) An owner who constructs a water system extension that directly benefits a
property in addition to the owner’s may request a latecomer agreement in order to
be reimbursed from benefiting properties that connect to the extension during the
agreement’s duration. See AMC 13.04.210 regarding latecomer agreements.
(3) If the city chooses to install water facilities to facilitate development, coordinate
with other city projects, or for other utility purposes, it may recover its costs,
including interest, through a connection charge.
13.04.210 Latecomer agreements.
See AMC 13.24 Utility Reimbursement Agreements.
13.04.220 Water easement requirements.
(a) An easement is required whenever a public water facility will be built on private
property and whenever a private water facility will be built on property owned by a
different private party. Evidence of the easement between the applicant and property
owner shall be provided to the City.
(b) Requirements. All of the following requirements shall be met before the city will
accept and approve any easement:
(1) Clear title in the grantor shall be demonstrated; and
(2) The easement shall be consistent with the utility clearance standards and setback
standards and with other utilities or easements. The utility may require the
easement to exclude other utilities and uses if necessary to protect the public
water system and shall contain provisions for long term maintenance; and
(3) The easement shall provide access to the facility for repair and maintenance.
When deemed necessary by the utility, the easement shall contain provisions for
long-term maintenance; and
(4) The easement must prohibit all structures within the easement area except those
which can readily be removed by the structure’s owner at the owner’s expense
when access to the water facility is required by the utility. If such structures are in
the easement, an agreement with the utility to remove the structure on request
shall be recorded; and
(5) The easement shall prohibit all vegetation and landscaping that may inflict
damage on the utility, or that will impede the Utility from performing necessary
maintenance, repair, or replacement work on the utility located within the
easement. The Utility may request the land owners upon where the easement
resides to remove select vegetation and landscape. If the land owners upon where
the easement resides fail to comply with the request to remove vegetation and
landscape, the Utility may remove the landscaping with City employees or a
licensed contractor at the owner’s expense.
(6) The easement dimensions and other requirements shall be consistent with the
Engineering Standards. The easement must be recorded prior to final approval of
the project.
(c) Costs. The property owner shall pay all costs of providing or obtaining and recording
the easement.
(d) Relinquishment of Easement. An easement granted to the utility may be relinquished
only if the utility determines it is no longer needed and the city council authorizes the
relinquishment.
13.04.230 Construction requirements
(a) General. When constructing or modifying water facilities, compliance is required
with this code, the City of Arlington Engineering Standards, the approved permit,
plans and specifications, the terms of any water system extension agreement, the
recommendations of the manufacturer of the materials or equipment used and any
applicable local, state or federal requirements.
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(b) Safety Requirements. Utility staff will perform inspections only if shoring and other
site conditions conforms to WISHA safety standards and other safety requirements, as
applicable.
(c) Failure to Complete Work or Meet Requirements.
(1) The utility may complete water facility construction begun by a property
owner or contractor, or take steps to restore the site (such as backfilling
trenches and restoring the public right of way) if the work does not meet the
requirements of this code, the Engineering Standards and other applicable
utility requirements; the contractor or person doing the work fails to rectify
the problem following notification by the utility; and the work, in the opinion
of the utility, constitutes a hazard to public safety, health or the public water
system.
(2) Utility costs incurred pursuant to subsection (c)(1) of this section shall be
calculated pursuant to AMC 11.01.080 and charged to the owner or
contractor in charge of such work. The permittee shall pay the utility
immediately after written notification is delivered to the responsible parties or
posted at the location of the work. Such costs shall constitute a civil debt
owing to the utility jointly and severally by such persons who have been given
notice as herein provided. The debt shall be collectable in the same manner as
any other civil debt owing the utility.
(3) If, in the opinion of the director, the work being performed is not in
accordance with these codes or Engineering Standards and the permittee is
unwilling to change or correct the deficiencies, the director may issue a stop
work order until the deficiencies are corrected.
(d) As-Built. An as-built plan of the property’s water system shall be completed
according to the requirements in the Engineering Standards and filed with the Public
Works Department prior to the City’s acceptance of the improvements or final
approval by the utility inspectors.
13.04.240 Construction and warranty inspections and tests
(a) Construction/Installation Inspection.
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(1) All projects permitted or approved by the utility under a water system extension
agreement or other permit are subject to utility inspection to ensure compliance
with the code and permit/approval conditions. As a condition of permit issuance
or extension agreement, the applicant shall consent to inspection and testing.
(2) Newly installed water facilities shall be inspected, tested, and documentation
completed according to the Engineering Standards and procedures.
(3) Newly installed or relocated backflow prevention assemblies shall be inspected,
tested, and certified pursuant to the requirements of AMC 13.04.190.
(4) The quality, taste and odor of water drawn from new water mains shall be the
same as the quality, taste and odor of water in the existing facility classed as
acceptable for use by the utility. Should the water not be acceptable in quality,
taste or odor, required steps as approved by the utility shall be taken to attain
acceptable water quality standards.
(b) Warranty Inspections and Tests. Facilities and equipment accepted by the utility
under specific warranties may be re-inspected at the utility’s discretion and, if
necessary, retested prior to the expiration of the warranty period, whether for
performance or maintenance bonds, as per the Engineering Standards.
13.04.250
(a) General Requirements. The utility shall initiate and carry out any water quality
testing, monitoring, maintenance, corrective activities or other activities necessary to
ensure that the city’s public drinking water meets or exceeds drinking water standards
and other requirements of Chapter 246 WAC, the Washington State Health
Department’s Rules that Govern Group A Public Water Systems, the Federal Safe
Drinking Water Act and any other applicable federal, state or local requirement for
public drinking water, as now or hereafter amended.
Water quality programs.
(b) Implementation of Water Quality Programs. To maintain water quality in the most
effective and efficient manner, the utility may initiate, implement and carry out any
required or necessary water quality testing, monitoring, maintenance, or corrective
activities or programs, whether locally, jointly with the Snohomish PUD water utility,
jointly with other state recognized water purveyors, or jointly with other federal, state
or local agencies having jurisdiction within the city’s water service area.
13.04.260
The utility shall have a wellhead protection program conforming to the requirements of
WAC 246-290-135 so as to protect the general public health and prevent contamination
of groundwater resources used by the city as a source of supply. Other specific
requirements of the wellhead protection program are outlined in AMC Title 20. The
Wellhead and Watershed Protection Program are in the currently adopted in the City Of
Arlington Comprehensive Water System Plan.
Wellhead Protection
13.04.270
(a) General.
Cross-connection abatement and control.
(1) The utility shall initiate and carry out a cross-connection abatement and control
program in conformance with state law by establishing and maintaining minimum
requirements for the installation, inspection, testing, certification and maintenance
of backflow prevention assemblies. The program shall meet the minimum
requirements of WAC 246-290-490 and the latest edition of the Uniform
Plumbing Code adopted by the city.
(2) The utility hereby adopts by reference the Standards and Requirements of WAC
246-290-490, as now or hereafter amended.
(b) Approved Backflow Prevention Assemblies. Only those backflow prevention
assemblies identified in the most recent list of Approved Backflow Prevention
Assemblies, published by the University of Southern California (USC), shall be
approved for installation.
(c) New or Upgraded Cross-Connection Control Requirements.
(1) In situations where there is an existing water service or use and the water supply
is protected from cross-connection by a nonconforming backflow prevention
assembly (i.e., an assembly that does not meet the current Standards and
Requirements of WAC 246-290-490 or this code), the existing nonconforming
backflow prevention assembly shall, at the owner’s risk, be allowed to remain in
service only if:
(a) At the time the backflow prevention assembly was installed the assembly was
a state-approved backflow prevention assembly; and
(b) At the time the backflow prevention assembly was installed its installation
was approved by the City as appropriate for the degree of hazard; and
(c) The backflow prevention assembly does not meet the criteria for upgrading as
required in subsection (c)(2) of this section.
(2) All existing nonconforming backflow prevention assemblies shall be replaced and
upgraded to current standards at such time as any of the following conditions
exist:
(a) The assembly fails to operate properly;
(b) The assembly fails required annual testing and certification;
(c) The assembly requires continual and excessive repair or maintenance;
(d) The degree of hazard at the premises increases from that which existed at the
time the assembly was installed; or
(e) The water service, fire sprinkler system or plumbing are, or have been,
modified.
(3) When the utility discovers previously unknown and/or unprotected cross-
connections, the utility shall notify the property owner of the cross-connection,
the degree of hazard, and the cross-connection abatement and control measures
required. The property owner shall make provision to implement all required
abatement and control measures within the time frame specified by the utility
subject to the enforcement provisions of AMC Chapter 11.01 or state law.
(d) Inspection, Testing and Certification Requirements.
(1) All newly installed or relocated backflow prevention assemblies shall be
inspected and tested by the utility.
(2) All backflow prevention assemblies shall be inspected, tested and certified
annually by the utility or a private backflow prevention assembly tester certified
by the Washington State Department of Health.
(e) Costs and Fees. The property owner shall be responsible for paying all costs and fees
associated with the installation, inspection, testing, certification, repair, replacement
or upgrade of backflow prevention assemblies..
13.04.280 Water conservation practices
(a) Purpose. The conservation and efficient use of water is a public purpose of highest
priority to the City of Arlington. It will result in extended use of current water
supplies, reduction in public costs for the construction of enlarged water and sewer
facilities, enhancement of public health, safety and welfare, and preservation of
natural resources.
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(b) Waste of Water Prohibited.
(1) The waste of water supplied by the utility is prohibited at all times. In addition to
the restrictions specified in subsection 2 below, waste of water includes all
applications of water which do not result in a beneficial use of the city’s public
water supply.
(2) The following nonessential uses of water are prohibited on all properties
connected to the city’s water system, whether inside or outside of the city limits:
(a) Washing sidewalks, walkways, driveways, parking lots, patios and other
exterior paved areas by direct hosing.
(b) Escape of water through breaks or leaks within the customer’s plumbing or
private distribution system for any period of time beyond which such break or
leak should reasonably have been discovered and corrected. It shall be
presumed that a period of 48 hours after the customer discovers a leak or
break, or receives notice from the city of such leak or break, whichever occurs
first, is a reasonable time within which to correct the same.
(c) Noncommercial washing of privately owned motor vehicles, trailers and
boats, except from a bucket or a hose equipped with a shut-off nozzle used for
quick rinses.
(d) Lawn sprinkling and irrigation which allows water to run off or overspray the
lawn area. Every customer is deemed to have knowledge of and control over
his lawn sprinkling and irrigation at all times.
(e) Sprinkling and irrigation of lawns, groundcover or shrubbery between the
hours of 10:00 a.m. and 4:00 p.m., or on any day not authorized by the
rotation schedule announced on an annual basis by the City.
(c) Conservation Plan Required.
(1) A water conservation plan is included in the currently adopted City of Arlington
Comprehensive Water System Plan.
(2) The water conservation plan may be revised as needed as part of the
comprehensive planning process referenced in AMC 13.04.110.
(3) Enforcement. If the city determines that any customer is violating any provision
of this chapter it shall notify said customer, in writing, that the violation must be
corrected or abated within a specified period of time, the length of which shall be
reasonably related to the circumstances of the particular violation. Failure to
comply shall constitute a civil violation as set forth in AMC 13.04.360.
13.04.290
The utility has responsibility for maintenance of the public water system unless otherwise
provided by agreement, local ordinance or state law. Owners of private water systems are
solely responsible for maintenance and operation of such private systems.
Maintenance of water system.
13.04.300 Existing system inspections.
The utility may enter private property at all reasonable times to conduct inspections, tests
or to carry out other duties imposed by the code, provided the utility shall first obtain
consent from the property owner or person responsible for the premises upon presentation
of proper credentials to that person. If entry is refused or cannot be obtained, the director
shall have recourse to every remedy provided by law to secure entry.
13.04.310
The utility may provide water service to adjacent public or private water systems when
needed in case of failure of physical system components such as pump failure or a
reservoir out of service or similar temporary circumstance, where facilities exist for such
interconnection. In such case, the utility shall bill for and be paid for the water used
pursuant to the established rate structure. All requirements of this code regarding water
quality shall be met. The utility shall not serve as a backup supply source to neighboring
water systems in case of well failure or other supply disruption unless the neighboring
system compensates the utility under separate contractual agreement as a backup supply
source, or unless the neighboring water system becomes a permanent utility customer,
and makes payment of all appropriate fees and charges.
Interconnection with adjacent water systems.
13.04.320 Regulations of other agencies
(a) General. The responsibility for determining the existence and application of local,
state and federal laws and regulations pertaining to water facilities and water use
remains solely with the affected property owner.
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(b) Regulations of Snohomish County and Other Cities and Towns. Utility customers
outside the City of Arlington are subject to City of Arlington requirements related to
water utilities unless more stringent requirements of the local jurisdiction in which
such customers are located are applicable, in which case the more stringent regulation
shall apply.
13.04.330
(a) General.
Fees for permits-approvals–specific services.
(1) The director shall develop for city council review and adoption a schedule of fees
and charges for all permits and other specific services provided by the utility,
including:
(a) Water system extension agreements;
(b) Water service and meter installation, modifications or repairs;
(c) Fire hydrant use permits;
(d) Backflow prevention assembly inspections and tests;
(e) Disconnections of unauthorized connections;
(f) Turn-on and turn-off services;
(g) Inspections;
(h) Abandonment of existing non-reusable water services;
(i) Temporary lawn watering permits during water shortages;
(j) Miscellaneous maps, plans, drawings, copies and documents provided by
the utility.
(2) The fees referenced in this section are in addition to applicable rates for water
service and connection charges. See Chapter 13.12 for current utility rates and
charges.
(b) Fee Amount. The fee amount for each permit, approval or specific service shall cover
all the utility costs associated with that permit, approval or service, including all of
the following that apply:
(1) Labor, including any and all time spent on engineering, plan review, installation,
properly abandoning any existing facilities, site restoration, inspection, testing,
certification, as-builts of the project and legal review. Inspections and other work
requested beyond normal working hours are charged based on the utility’s
overtime pay practices.
(2) Fees for materials or equipment issued by the utility, such as water services and
meters.
(3) Refundable deposits for utility-owned equipment such as fire hydrant wrenches
and adapters.
(4) Expenses including, but not limited to, supplies (not including office supplies),
materials, equipment and tool rental, applicable state and federal taxes and any
fees for permits the utility must obtain.
(5) Water use, in the case of fire hydrant use permits, or estimated water use in the
case of unauthorized connections.
(6) Overhead, at a rate to be established by the utility pursuant to written procedures.
13.04.340
(a) General.
Connection charges.
(1) The utility shall collect connection charges in order that each connecting property
shall bear its equitable share of the cost of the public water system and the
utility’s share of the cost of any regional water supply system providing water
supply to the utility.
(2) Connection charges shall be as put forth in AMC 13.12.
(3) Connection charges shall be paid:
(a) Before a property is allowed to connect to the public water system.
(b) At the time of redevelopment of the property, if connection charges apply that
have not yet been paid such as charges for new facilities that directly benefit
the property. Any change in use that increases the demand on the water
system will be assessed connection fees based on that change in use. See
Chapter 13.12 for current rates and charges.
(b) Administrative Procedures; Adjustment of Charges. The director is authorized to
adopt administrative procedures for the purpose of administering the provisions of
this section, and to adjust the charges established by subsection (a) of this section
from time to time to reflect the actual cost of the facilities for which the charges are
made.
(c) Changes in use may require additional connection fees to cover increased impacts to
the water utility.
13.04.350
(a) General. The city council shall establish rates for water service and consumption
which are in addition to connection charges and fees for specific services. The city
may establish classifications of customers or service, using any method or methods
authorized by law. See Chapter 13.12 for current rates and charges.
Water rates.
(b) Rate Basis. Water rates shall be based on revenue requirements necessary to cover all
costs of the utility, as authorized by the city council by the adoption of the annual
budget and subsequent amendments and shall be guided by adopted financial policies
and bond covenants.
(c) Rate Adjustments. Rates shall be evaluated periodically as part of the review and
adoption of the annual budget. Rate adjustments shall be recommended as needed to
meet revenue requirements. The recommendation shall consider equity, adequacy,
costs and other factors allowed by law.
(d) Billing and Collection. The utility shall develop and implement procedures and
systems pertaining to the billing and collection of water service charges and fees in
accordance with state law.
(e) Rate Relief. The city council may establish water rate relief measures for specific
customer classes as authorized by state law.
(f) Rate Surcharge. Upon the city’s declaration of a water shortage emergency pursuant
to the city’s adopted water shortage contingency plan, the utility may impose a rate
surcharge of 10 percent, without further city council action.
13.04.360
(a) Civil Violation. Any violation of any of the provisions of this code constitutes a civil
violation as provided for in the AMC Chapter 11, for which a monetary penalty may
be assessed and abatement may be required as provided therein. The city shall seek
compliance through the civil violations code if compliance is not achieved through
this code.
Violations – Penalties.
(b) Destruction of Notice. It shall be unlawful for any person to remove, mutilate,
destroy, or conceal any notice issued and posted by the director pursuant to this code.
Section 3. Arlington Municipal Code Chapter 13.08 is repealed in its entirety.
Section 4. A new Chapter 13.08 is hereby added to the Arlington Municipal Code, as
follows:
Chapter 13.08
SEWER REGULATIONS
13.08.010 Title.
13.08.020 Sewer department established.
13.08.030 Purpose.
13.08.040 Territorial application.
13.08.050 Intent.
13.08.060 Definitions.
13.08.070 Applicability of the utility
13.08.080 Authority of the utility.
13.08.090 Intent to serve.
13.08.100 Service interruptions.
13.08.110 Comprehensive Sewer System Plan.
13.08.120 Emergency plan.
13.08.130 Connections or modifications to the sewer system.
13.08.140 System ownership.
13.08.150 Permits – Approvals.
13.08.160 Demolition or removal of structures. .
13.08.170 Engineering and design requirements.
13.08.180 Installation responsibility.
13.08.190 Latecomer agreements.
13.08.200 Sewer easement requirements.
13.08.210 Construction requirements.
13.08.220 Construction and warranty inspections and tests.
13.08.230 Maintenance of sewer system.
13.08.240 Industrial waste discharge monitoring, abatement
and pretreatment.
13.08.250 Unauthorized and prohibited discharges.
13.08.260 Existing system inspections.
13.08.270 Regulations of other agencies.
13.08.280 Fees for permits/approvals/specific services.
13.08.290 Connection charges.
13.08.300 Sewer rates.
13.08.310 Violations – Penalties.
13.08.010
This chapter shall be known as the sewer utility code and shall be referred to herein as the
“code.”
Title.
13.08.020
A department of the combined water and sewer department of the city, which shall be
known as the utility department, is established. The officers and other employees shall
consist of such personnel as deemed necessary for the efficient administration of the
department.
Sewer department established.
13.08.030
The purpose of this code is to:
Purpose.
(a) Provide for the planning, security, design, construction, use, maintenance, repair and
inspection of public and private sanitary sewer systems and to protect the life, health
and property of the general public;
(b) Establish programs and regulations consistent with federal and state regulations;
(c) To provide for the appropriate use of such systems; and to provide for the
enforcement of the provisions of this code.
13.08.040
This code shall be in effect throughout the utility service area, as defined in the adopted
Sewer Comprehensive Plan.
Territorial application.
13.08.050 Intent
It is the specific intent of this code to:
.
(a) Enact an exercise of the police power of the City of Arlington to protect and
preserve the public health, safety and welfare; its provisions shall be liberally
construed to accomplish this purpose.
(b) Provide for and to promote the health, safety and welfare of the general public and
not to create or otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefitted.
(c) Place the obligation of compliance upon the owner/operator. Nothing contained in
this code is intended to be or shall be construed to create or form the basis for
liability on the part of the City of Arlington, its utility, officers, employees or agents
for any injury or damage resulting from the failure of the owner or operator of any
private system to comply with the provisions of this code, or by reason or in
consequence of any act or omission in connection with the implementation or
enforcement of this code by the City of Arlington, its utility, officers, employees or
agents.
13.08.060
The following words and phrases, when used in this code, shall have the following
meanings:
Definitions.
(a) “AMC” means Arlington Municipal Code.
(b) “As-built” means a final drawing of the actual installation of the structures, materials
and equipment that meets the requirements specified in the most recent edition of the
“City of Arlington Engineering Design and Construction Standards and
Specifications”.
(c) “Billing Unit” means, in the case of multiple occupancy commercial or industrial
facilities, each unit shall be defined as an occupancy or business capable of standing
alone. A unit that has restroom facilities, a separate entrance and that is able to
operate regardless of whether other businesses or units are open for business. For
example, a florist within a supermarket would not be a separate billing unit; a florist
in a multiple occupancy strip mall with its own entrance would be a separate unit for
billing purposes.
(d) “Connection charges” means charges imposed as a condition of providing utility
service so that each connecting property bears its equitable share the costs of the
public sewer system and of the costs of facilities that benefit the property. Connection
charges include latecomer charges and installation charges.
(e) “Director” means the director of the Arlington Public Works department, or his/her
designated representative.
(f) “Emergency” means any natural or human-caused event or set of circumstances
which disrupts or threatens to disrupt or endanger the operation, structural integrity,
or safety of the public sewer system; endangers the health and safety of the public; or
otherwise requires immediate action by the utility.
(g) “Engineering standards” means the most recently adopted edition of the City of
Arlington Design and Construction Standards and Specifications manual which
includes minimum requirements for the design and construction of water, storm and
surface water drainage and sanitary sewer facilities.
(h) “ERU” means equivalent residential unit. One ERU equals 250 gallons per day, the
estimated average consumption for one residential unit. The ERU is used for
connection fee calculations and is based on the number of residential units a project
will represent in terms of impact to the utility.
(i) “FOG” means fats, oils and grease.
(j) “Inactive Service” means any sanitary sewer service that has been inactive for 5 years
or more. Reactivation of a sanitary sewer service that has been inactive for 5 years or
more requires payment of all connection fees applicable at the date of reactivation as
if it were a new connection.
(k) “Industrial waste” means any liquid, solid or gaseous substance or combination
thereof, resulting from any process of industry, manufacturing, commercial food
processing, business, trade or research, including development, recovering or
processing of natural resources.
(l) “Licensed side sewer contractor” means any person, partnership, corporation or
association duly qualified and competent to do work incident to the construction or
repair of side sewers under permits issued under this code and who shall have been
duly licensed by the utility.
(m) “Non-polar fats” means fats, oils or grease of animal or vegetable origin.
(n) “Polar fats” means fats, oils or grease of mineral origin.
(o) “Pretreatment device” means any approved device, structure, system or method used
and maintained for the purpose of bringing a waste stream within acceptable limits
and standards of quality prior to its discharge to the public sewer system.
(p) “Private sewer system” means any part of the sewer system that is not part of the
public sewer system as defined in the code.
(q) “Property owner” means any individual, company, partnership, joint venture,
corporation, association, society or group that owns or has a contractual interest in the
subject property or has been authorized by the owner to act on his/her behalf.
(r) “Public sewer system” means the sanitary sewer system owned and operated by the
utility.
(s) “Residential structure” means a single-family, duplex structure or triplex. Four units
or more is multi- family residential.
(t) “Served” means all lots within the City are deemed to be served by City owned sewer
lines. (AMC 20.60.020)
(u) “Service Credit” means when an active service is temporarily discontinued for
purposes of replacement of existing customer used, either by the replacement of
existing structures or redevelopment, the new service may be given credit for the
existing service on the request for service application. The ERU’s on the existing use
may be credited against the connection fees determined by the Utility for the new use.
(v) “Sewage” means waste discharged from the sanitary facilities of buildings and
includes industrial wastes.
(w) “Sewer facility” means any facility for the conveyance or storage of sewage, whether
part of the public sewer system or a private sewer system that is connected to or
intended to be connected to the public sewer system.
(x) “Sewer main” means a pipe designed or used to transport sewage, excluding side
sewers.
(y) “Sewer pretreatment” means the treatment of industrial waste before discharge to the
public sewer system.
(z) “Sewer service” means providing for the disposal of sewage from a structure into the
public sewer system.
(aa) “Sewer system plan” means the sewer system comprehensive plan for the utility, as
adopted by the city council, as now or hereafter amended.
(bb) “Side sewer” means a conduit extending from the public sewer main to the
connection with a building’s plumbing system.
(cc) ”Side Sewer Permit” means a permit issued by the utility for the construction,
extension, repair, replacement or connection of any side sewer.
(dd) “Side sewer stub” means that portion of the side sewer in the right-of-way or
easement dedicated to the utility.
(ee) “Structure” means any building that contains facilities for the disposal of sewage.
(ff) “Unsafe condition” means any condition on any premises, or in any private sewer
system thereon, that is a hazard to public health or safety, that does or may impair or
impede the operation or functioning of any portion of the public sewer system or that
may cause damage thereto.
(gg) “Utility” means the sewer utility component of the utilities Division of the city of
Arlington Public Works Department.
13.08.070
Any of the actions or applications for the following permits shall require submittal for
approval by the utility of site plans, design drawings, and operation and maintenance
plans. Submittals for the following shall be consistent with the provisions of this code
and shall comply with the adopted Sewer System Plan and the Engineering Standards.
Applicability of the utility
(a) Any modification to the existing water system.
(b) Any additions, expansions or extensions of the existing water system.
(c) New development.
(d) Redevelopment that requires alterations to the water system.
(e) Subdivision and short subdivisions
(f) Commercial, industrial or multi-family site plan approval.
13.08.080
The utility, by and through its director, shall have the authority to:
Authority of the utility.
(a) Develop, adopt and carry out procedures as needed to implement this code and to
carry out other responsibilities of the utility, including, but not limited to, procedures
pertaining to the billing and collection of sewer service charges and all other fees and
charges imposed pursuant to this code and procedures for periodic adjustment of fees
and charges imposed pursuant to this code.
(b) Prepare and update as needed, Engineering Standards to establish minimum
requirements for the design and construction of sewer facilities and requirements for
protecting existing facilities during construction. The Engineering Standards shall be
consistent with this code and adopted city policies.
(c) Administer and enforce this code and all procedures relating to the planning,
acquisition, design, construction, inspection, maintenance, management, operation
and alteration of the public sewer system, including capital improvements, and
relating to the design, construction and inspection of private sewer systems.
(d) Enter into contracts pursuant to Chapter 35.91 RCW, the Municipal Water and Sewer
Facilities Act, including contracts that provide for the reimbursement of owners
constructing facilities (latecomer agreements) and agreements with private property
owners for the extension of the sewer system (utility extension agreements).
(e) Advise the city council, city administrator and other city departments and
commissions on matters relating to the utility.
(f) Prepare and recommend the sewer system plan referenced in AMC 13.08.070 for
adoption by the city council and implementation by the utility.
(g) Perform or direct the performance of financial review and analysis of the utility’s
revenues, expenses, indebtedness, rates and accounting and recommend budgets, rates
and financial policy for adoption by the city council.
(h) Develop and implement programs related to sewer use, including an industrial waste
management program for protection of the public sewer system and a septic system
management program.
(i) Carry out other responsibilities as required by this code or other city codes,
ordinances or regulations consistent with the Arlington comprehensive plan.
(j) Shut off water to any utility customer who is violating any provision of this code to
the extent permitted by law.
13.08.090
The utility intends to provide sewer service to all customers within the utility service
area, subject to the requirements of this code, other provisions of the Arlington Municipal
Code and applicable state law, and such reasonable conditions which may be attached to
the provision of service. The sewer service area shall be the corporate City Limits of the
City of Arlington. The City may also contract to provide sewer service outside the utility
service area, subject to applicable law.
Intent to serve.
13.08.100 Service interruptions
The utility does not guarantee that sewer service will be continuously available within the
utility service area. Sewer service may be temporarily unavailable due to a system failure,
emergency, construction or maintenance or other unforeseen circumstances.
.
13.08.110 Comprehensive Sewer System Plan.
A sewer system plan, also referred to as the city’s sewer comprehensive plan shall be
developed by the utility for review and adoption by the city council. The utility shall
recommend supplemented or updated plans for adoption by the city council as needed.
13.08.120
The utility will prepare and update an emergency plan, as required by state law, as part of
the city’s emergency operation plan, for review and adoption by the city council.
Emergency plan.
13.08.130
(a) Connection to the Sewer System Required.
Connections or modifications to the sewer system.
(1) All structures which contain facilities for the disposal of sewage shall connect to
the public sewer system unless a variance is granted pursuant to subsection (b) of
this section. When sanitary sewer service is not available and is required, the
utility shall require the property owner to install a sewer main extension.
(2) Connections or modifications to the sewer system, including, but not limited to,
the installation or repair of sewer mains or side sewers, and abandonment or
removal of any structure connected to the public sewer system shall occur only if:
(a) Approval has been received from the utility; and
(b) All applicable requirements of this code and utility procedures have been met;
and
(c) All applicable engineering standards have been met or alternative standards
have been approved by the utility as substantially equal; and
(d) The property owner has paid all applicable fees and charges; and
(e) Any existing on-site sewage disposal facilities are disconnected in accordance
with health department requirements; and
(f) The property is within the utility service area.
(3) Existing properties must connect to the public sanitary sewer system within 180
days of the sewer becoming available.
(b) Variance from the Sewer Connection Requirement. See AMC 20.60.120
(1) Any property owner may apply for a variance from the sewer connection
requirement to allow for an on-site septic disposal system.
(2) The director shall consider a variance only if all of the following decision criteria
are met:
(a) The property is more than 500 feet, via dedicated easements and/or right-of-
way from the existing public sewer system; and
(b) The proposed septic system will not have an adverse environmental effect on
potable water wells, ground water, streams or other surface bodies of water
and is not located in the Arlington Municipal Aquifer Recharge Area; and
(c) The proposed septic system is in compliance with all applicable federal, state
and local health and environmental regulations: and
(d) The proposed use is on a single lot of 5 acres or more.
(e) The City and Snohomish County approves the system.
(3) Any variance issued by the director shall be subject to the following conditions:
(a) The applicant must obtain Snohomish Health District approval of the septic
tank system and must obtain any other permits which may be required by law
for such system; and
(b) The applicant shall record an agreement, in a form approved by the city and
referred to herein as “Agreement to Connect,” with the Snohomish County
Auditor. Such agreement shall require payment of all connection charges at
the time of actual connection to the system. The agreement shall be a covenant
which runs with the land and is binding on the owners and successors in
interest of the property. The agreement shall specify that the structure be
connected to the public sewer system as the system is available and that the
property owner will not protest the formation of any future LID or ULID for
extension of a sewer system that would serve the property. The sewer system
shall be deemed available for purposes of this requirement whenever the
structure is able to be connected to the system by an extension of 500 feet or
less.
(4) The applicant may appeal a decision of the director denying a variance application
pursuant to AMC 20.20.010.
13.08.140
(a) Utility Ownership of Sewer Facilities.
System ownership.
(1) The utility owns all sewer facilities in public right-of-way and in easements
dedicated to and accepted by the utility, except to the extent that private
ownership is otherwise indicated as a matter of record. Such facilities typically
include:
(a) mains
(b) pump stations
(c) side sewer stubs.
(2) The utility may acquire existing private sewer facilities, provided:
(a) Ownership of the facility by the utility would provide a public benefit; and
(b) Necessary and appropriate property rights are offered by the property owner at
no cost to the utility; and
(c) The facility meets current engineering standards, as determined by the utility,
or is brought up to current engineering standards by the owner; and
(d) The utility has adequate resources to maintain the facility; and
(e) The facility is transferred to the utility by bill of sale at no cost to the utility.
(3) It is unlawful for any person, except Sewer Department personnel or the utility’s
authorized contractors to tamper with any portion of the city owned sewer system.
13.08.150
(a) General. The utility shall administratively determine submittal requirements for all
utility permits and approvals.
Permits – Approvals.
(b) Side Sewer Permit.
(1) A side sewer permit is required to construct a side sewer and/or to make any
additions, repairs or connections to an existing side sewer.
(2) A side sewer permit application must be made by the property owner or his/her
licensed sewer contractor.
(3) Side sewer permits for commercial projects, including multifamily structures,
may be issued as part of the sewer system extension agreement, if one is required,
pursuant to subsection (c)(1) of this section. The side sewer can be installed as
part of the sewer system extension agreement and shall be put in use only after
acceptance by the utility of the system extension.
(4) Side sewer permits for lots in subdivisions and short plats will be issued only after
sewer main extensions have been accepted by the city.
(5) Side sewer permits shall expire twelve (12) months from date of issuance except
as otherwise specified in the Engineering Standards.
(6) If site conditions, or existing conditions, do not allow for the installation of a side
sewer per Engineering Standards, a variance may be granted, in writing, and
documented on the side sewer permit, in the discretion of the utility.
(c) Sewer System Extension Agreement.
(1) The property owner and the utility shall enter into a sewer system extension
agreement whenever an extension to an existing sewer main is required pursuant
to AMC 13.08.130.
(2) The utility shall approve constructed facilities as complete once the facilities have
been built according to the approved plans and specifications, as confirmed by
utility inspectors; as-built drawings have been completed as specified in the
engineering standards and all applicable fees and charges have been paid. Bills of
sale, dedications and easements must be recorded prior to final approval and
acceptance.
(3) The property owner shall be required to provide surety devices, in a form
approved by the city, for sewer system extensions in city right-of-way, for
connections to the sewer main during construction and for a warranty period in
accordance the City of Arlington Engineering Standards.
(4) When a sewer system extension agreement is required to serve a proposed
commercial or multifamily building, the utility shall not sign off on the building
permit until the system extension agreement has been approved and accepted by
the utility. When a sewer system extension agreement is required to relocate a
sewer main from under a proposed building, the utility shall not sign off on the
building permit until the system extension has been completed and accepted by
the utility, unless the building permit is conditioned to require relocation prior to
site construction.
(d) Agreement to Connect. When a variance to allow a septic system is granted, an
“Agreement to Connect” must be recorded pursuant to AMC 13.08.130.
(e) Contractors shall be licensed in accordance with Washington State requirements and
shall be registered with the City of Arlington tax office.
(f) Other Permits. It is the property owner’s responsibility to identify and obtain all
permits/approvals required for any proposed work, such as, but not limited to, any
approvals required by the Washington State Department of Fish and Wildlife, the
Washington State Department of Ecology and the Army Corp of Engineers.
13.08.160
(a) Utility services to existing structures must be protected during the demolition or
removal of such structures. See 13.04.050 for inactive services and service credit for
redevelopment.
Demolition or removal of structures.
(b) As a condition of Sewer Service, existing septic systems must be decommissioned per
the City of Arlington Engineering Standards.
13.08.170
(a) General.
Engineering and design requirements.
(1) The property owner is responsible for sewer system design.
(2) The sewer system designer must be a civil engineer licensed in the state of
Washington and qualified by both experience and educational background in the
design of sewer facilities.
(3) Engineering and design shall conform to the City of Arlington Engineering
Standards.
(b) Sewer Facility Requirements.
(1) Whenever property is developed or redeveloped in any way such that sewage
discharge is changed in content or volume, new sewer facilities are required
whenever necessary to:
(a) Meet hydraulic capacity requirements pursuant to the Engineering Standards;
or
(b) Replace existing facilities that need to be relocated; or
(c) Meet industrial waste pretreatment requirements pursuant to AMC 13.40; or
(d) Replace existing systems that do not meet the current Engineering Standards.
(2) Whenever property is developed or redeveloped, sewer mains shall be extended
through and to the extremes of the property being developed, as required by the
utility, when needed for the orderly extension of the public sewer system.
(c) Side Sewer Design.
(1) Side sewers shall be designed as required in the Engineering Standards.
(2) Where physical conditions render compliance with utility side sewer requirements
impracticable, the utility may require compliance insofar as is reasonably
possible; provided, that the property owner execute and deliver to the utility an
instrument, in a form furnished by the utility, agreeing to hold harmless and
indemnify the utility and the City of Arlington for any damage or injury resulting
from such installation. The utility may require that such instrument be recorded
against the property with the Snohomish County office of records and elections.
(3) Each single family residence (SFR) shall be connected to a single side sewer
connection.
(4) Multi-family housing units comprising four dwelling units or less shall have, at a
minimum, a single side sewer connection for each dwelling unit.
(5) Multi-family housing units comprising five dwelling units or more may have a
single side sewer service connection appropriately designed by a professional
engineer, per City of Arlington Engineering Standards, that meets flow
requirements and pipeline capacity.
(6) Condominiums must have individual sewer services to each unit.
(7) No side sewer or sewer main shall be located under or within 5’ of any building or
permanent structure.
(8) Whenever a side sewer cross private property, the applicant must obtain an
easement from the property owner.
(d) Pump Stations and Lifts.
(1) Pump stations shall be permitted only for service to those properties which the
director determines cannot reasonably be served by conventional gravity sewers.
(2) In any structure in which the plumbing is too low to permit gravity flow to the
designated connection point, the sewage shall be lifted by artificial means. When
only the lower floor of a structure is too low for gravity flow, the sewage from the
upper floors must flow by gravity.
13.08.180 Installation responsibility
(a) Property Owner Installation. The property owner shall be responsible for the
installation of all sewer facilities required by this code. Installation shall be through a
sewer system extension agreement or side sewer permit. See AMC 13.08.160.
.
(b) Costs. The property owner shall be responsible for all installation costs regardless of
whether the work is done by the utility or by the owner, provided that:
(1) If the utility requires a property owner to oversize a sewer facility for reasons
other than to adequately serve the owner’s property, the utility will compensate
the property owner for the difference in cost between the normally sized sewer
facility and the oversized sewer facility, based on the lowest of three bids from
reputable licensed contractors furnished by the property owner. Over-sizing shall
be any size increase in pipes, pumping facilities and related appurtenances beyond
the established minimum sizes. Sewer main minimum size is 8”, force main
minimum size is 6” and pump station minimum size shall be 250 GPM. Upsizing
compensation may only occur above these minimum sizes.
(2) A property owner who constructs a sewer system extension that directly benefits
property in addition to the owner’s property may request a latecomer agreement in
order to be reimbursed by benefiting properties that connect to the extension
during the agreement’s duration. See AMC Chapter 13.24 regarding latecomer
agreements.
(3) The city may choose to install sewer facilities to facilitate development,
coordinate with other city projects or for other utility purposes and may recover
its costs, including interest, through a connection charge.
13.08.190
See Arlington Municipal Code 13.24.
Latecomer agreements.
13.08.200
(a) An easement is required whenever:
Sewer easement requirements.
(1) A public sewer facility will be built on private property; or
(2) A private sewer facility will be built on property owned by a different private
party. Evidence of the easement between the applicant and property owner shall
be provided to the City.
(b) Requirements. All of the following requirements shall be met before the city will
accept and approve any easement:
(1) Clear title in the grantor shall be demonstrated; and
(2) The easement shall be consistent with utility clearance standards and setback
standards and with other utilities or easements. The utility may require the
easement to exclude other utilities and uses if necessary to protect the public
sewer system; and
(3) The easement shall provide access to the facility for repair and maintenance.
When deemed necessary by the utility, the easement shall contain provisions for
long-term maintenance. Easements for side sewers serving more than one
property must specify responsibility for costs of maintenance, repair and access;
and
(4) The easement shall prohibit all structures except those which can readily be
removed by the structure’s owner at the owner’s expense when access to the
sewer facility is required by the utility. If such structures are in the easement, an
agreement with the utility to remove the structure on request shall be recorded;
and
(5) The easement shall prohibit all vegetation and landscaping that may cause
damage to the utility, or that will impede the Utility from performing necessary
maintenance, repair, or replacement work on the utility located within the
easement. The Utility may request the land owners uponwhose property the
easement crosses to remove select vegetation and landscape. If the land owners
upon those property the easement crosses fail to comply with the request to
remove vegetation and landscape, the Utility may remove the landscaping with
City employees or a licensed contractor at the owner’s expense.
(6) The easement dimensions and other requirements shall be in accordance with the
Engineering Standards. The easement must be recorded prior to final approval of
the project.
(c) Costs. The property owner shall pay all costs of providing or obtaining and recording
the easement.
(d) Relinquishment of Easement. An easement granted to the utility may be relinquished
only if the utility determines it is no longer needed and the city council authorizes the
relinquishment.
13.08.210
(a) General. When constructing or modifying sewer facilities, compliance is required
with this code, the City of Arlington Engineering Design and Construction Standards
and Specifications, the approved permit, plans and specifications, the terms of any
sewer system extension agreement, the recommendations of the manufacturer of the
materials or equipment used and any applicable local, state or federal requirements.
Construction requirements.
(b) Safety Requirements. Utility staff will perform inspections only if shoring and other
site conditions conforms to WISHA safety standards and other safety requirements, as
applicable.
(c) Failure to Complete Work or Meet Requirements.
(1) The utility may complete sewer facility construction begun by a property owner
or contractor, or take steps to restore the site (such as backfilling trenches and
restoring the public right of way) if the work does not meet the requirements of
this code, the Engineering Standards and other applicable utility requirements;
the contractor or person doing the work fails to rectify the problem following
notification by the utility; and the work, in the opinion of the utility, constitutes a
hazard to public safety, health or the public sewer system.
(2) Utility costs incurred pursuant to the preceding AMC 13.08.170 (c)(1) shall be
accrued and charged to the owner or contractor in charge of such work. The
permittee shall pay the utility immediately after written notification is delivered to
the responsible parties or posted at the location of the work. Such costs shall
constitute a civil debt owing to the utility jointly and severally by such persons
who have been given notice as herein provided. The debt shall be collectable in
the same manner as any other civil debt owing the utility.
(3) If, in the opinion of the director, the work being performed is not in accordance
with these codes or engineering standards and the permittee is unwilling to change
or correct the deficiencies, the director may issue a stop work order until the
deficiencies are corrected.
(d) Additional Side Sewer Construction Requirements.
(1) Side sewers may be constructed only by the following:
(a) Contractor bonded and licensed in the State of Washington.
(b) Property owners working on their own property.
(2) The side sewer permit shall be readily available at the job site at all times. No
inspections will be completed if the permit is not available.
(3) Connection shall be made to the tee or side sewer stub designated at the time the
side sewer permit is issued unless written permission to do otherwise is obtained
from the utility. If the designated stub cannot be found, the utility will designate
the location that a tee or stub is to be located. The property owner shall install the
tee or stub per City of Arlington Engineering Standards at the property owner’s
expense. The utility shall not be responsible for costs incurred by the
owner/contractor when looking for the stub.
(e) As-Built. An as-built plan of the property’s sewer system shall be completed
according to the requirements in the Engineering Standards and filed with the Public
Works Department prior to the City’s acceptance of the improvements, final approval
by the utility inspectors or issuance of a certificate of occupancy.
13.08.220
(a) Construction/Installation Inspection.
Construction and warranty inspections and tests.
(1) All projects involving construction of new sewer facilities or connections or
modifications to an existing sewer system, are subject to utility inspection to
ensure compliance with the code and permit/approval conditions. As a condition
of permit issuance, the applicant shall consent to inspection and testing.
(2) Newly installed sewer facilities shall be inspected, tested and documentation
completed according to the engineering standards and procedures.
(b) Warranty Inspections and Tests. Facilities and equipment accepted by the utility
under specific warranties may be re-inspected at the utility’s discretion and, if
necessary, retested prior to the expiration of the warranty period.
13.08.230 Maintenance of sewer system
(a) Responsibility. The utility has responsibility for maintenance of the public sewer
system unless otherwise provided by agreement, local ordinance or state law. Owners
of private sewer systems are solely responsible for maintenance and operation of such
private systems.
.
(b) Side Sewer Cleaning. All side sewer cleaning contractors and/or plumbers, side sewer
contractors and owners, prior to cleaning existing side sewers (as distinguished from
plumbing and septic tank facilities), shall notify the utility of such operations and
comply with utility requirements. Debris cleaned from a side sewer shall be removed
and shall not be caused to enter the sewer main. If debris causes a downstream
blockage, the owner or his agent shall be liable for any resulting damage.
13.08.240 Industrial waste discharge monitoring, abatement and pretreatment
(a) General. The industrial waste program is intended to prevent, control and correct the
discharge of substances, such as hazardous, dangerous, caustic or explosive materials,
polar and non-polar fats, oils and greases that could cause hazardous, dangerous or
explosive conditions within the public sewer system or could cause blockages,
operational failures or premature degradation of the public sewer system.
.
(b) Applicability of Other Regulations. All discharges to the public sewer system shall
comply with all applicable rules and regulations of any federal, state or local agency
having governmental or contractual jurisdiction within the utility service area.
(c) Pretreatment of Discharges. The utility shall require the pretreatment of discharges to
the public sewer system, except single-family residences, if necessary to prevent
and/or correct hazardous, dangerous, or explosive conditions or blockage, operational
failure or premature degradation of the public sewer system. Notwithstanding the
above, all restaurants and food-processing businesses shall install pretreatment
methods, such as exterior grease interceptors, oil-water separators, biological or
chemical treatment and other best available technology, to reduce or eliminate FOG
discharges. All pretreatment systems are subject to review and approval by the utility
in accordance with Arlington Municipal Code Chapter 13.40 – Pretreatment.
(d) Sampling and Inspection Manholes. Sampling (monitoring) manholes in the side sewer
connection(s) to the public sewer system may be required in all connections, except
single-family residential connections. Monitoring manholes enable the utility to
monitor and test the discharge for compliance with utility requirements or to allow
monitoring and testing in accordance with the rules and regulations of other federal,
state or local agency having governmental or contractual jurisdiction within the utility
service area.
13.08.250 Unauthorized and prohibited discharges
See Arlington Municipal Code Chapter 13.36 – Pretreatment.
.
13.08.260
The utility may enter private property at all reasonable times to conduct inspections, tests
or to carry out other duties imposed by the code, provided that the utility shall first obtain
consent from the property owner or person responsible for the premises upon presentation
of proper credentials to that person. If entry is refused or cannot be obtained, the director
shall have recourse to every remedy provided by law to secure entry.
Existing system inspections.
13.08.270
(a) General. The responsibility for determining the existence and application of local,
state and federal laws and regulations pertaining to sewer facilities and sewer use
remains solely with the affected property owner.
Regulations of other agencies.
(b) Regulations of Snohomish County and Other Cities and Towns. Utility customers
outside the City of Arlington are subject to City of Arlington requirements related to
sewer facilities unless more stringent requirements of the local jurisdiction in which
such customers are located are applicable, in which case the more stringent regulation
shall apply.
(c) Snohomish Health District. Utility customers shall comply with all applicable
requirements of the Snohomish Health District.
13.08.280
(a) General.
Fees for permits-approvals-specific services.
(1) The director shall develop for city council review and adoption a schedule of fees
and charges for all permits and other specific services provided by the utility,
including:
(a) Sewer system extension agreements;
(b) Disconnection charge for unauthorized connections;
(c) Side sewer contractor’s license;
(d) Side sewer permits;
(e) Side sewers and taps;
(f) Miscellaneous maps, plans, drawings, copies and documents provided by the
utility.
(2) The fees referenced in this section are in addition to applicable rates for sewer
service and connection charges. See chapter 13.12 for current utility rates and
charges.
(b) Fee Amount. The fee amount for each permit, approval or specific service shall cover
the actual utility costs associated with that permit, approval or service, including all
of the following that apply:
(1) Labor, including any and all time spent on engineering, plan review, installation,
properly abandoning any existing facilities, site restoration, inspection, testing,
certification, as-builting of the project and legal review. Inspections and other
work requested beyond normal working hours are charged based on the utility’s
overtime pay practices.
(2) Expenses including, but not limited to, construction supplies, materials,
equipment and tool rental, applicable state and federal taxes and any fees for
permits the utility must obtain.
(3) Overhead, at a rate to be established by the utility pursuant to written procedures.
13.08.290
(a) General.
Connection charges.
(1) The utility shall collect connection charges, ensuring that each connecting
property shall bear its equitable share of the cost of the public sewer system.
(2) Connection charges shall be as set forth in AMC 13.12.
(3) Connection charges shall be paid prior to a property connecting to the public
sewer system. Connection charges not previously paid, such as charges for new
facilities that directly benefit the property, shall be paid when the property
undergoes, either at one time or cumulatively through more than one project, a
substantial remodeling as defined in AMC 20.50.040 or more substantial
improvement or if an improvement or cumulative improvements significantly
impact downstream system capacity. Connection charges may be paid prior to or
when the building permit is issued.
(4) Changes in use may require additional connection fees to cover the impacts to the
sewer utility.
(b) Direct Facilities Charges.
(1) The utility shall assess and collect direct facilities charges from property owners
that directly benefit from utility-built or privately built sewer facilities, except
property owners who previously paid their fair share through an LID or ULID.
Facilities that may be covered in a direct facilities charge include, but are not
limited to, stubs built from the sewer main to the property line, pump stations and
mains.
(2) The direct facilities charge is the property owner’s equitable share of the
established costs of the facilities he/she benefits from. The equitable share shall
include interest charges applied from the date of construction acceptance of the
facility until the property connects, or for a period not to exceed 10 years,
whichever is less, at a rate commensurate with the rate of interest applicable at the
time of construction of the facility to which the property owner is seeking to
connect but not to exceed 12 percent per year; provided, that the aggregate
amount of interest shall not exceed the equitable share of the cost of the facility
allocated to such property owner.
(3) The facilities’ costs shall be allocated to benefitting property owners based on the
number of ERU’s (single-family equivalents). The director may, however, make
such allocation based on front footage or other reasonably based methodology if
the director determines that such alternate basis or methodology better assures
equitable sharing of cost by all properties benefitting from the facilities.
(c) Administrative Procedures; Adjustment of Charges. The director is authorized to
adopt administrative procedures for the purpose of administering the provisions of
this section, and to adjust the charges established by subsections (a) and (b) of this
section as needed to reflect the actual cost of the facilities for which the charges are
made.
(d) Any connection charges shall be included in the City’s Fee Resolution.
13.08.300
(a) General. The city council shall establish rates for sewer use and service which are in
addition to connection charges and fees for specific services. The city may establish
classifications of customers or service, using any method or methods authorized by
law.
Sewer rates.
(b) Rate Basis. Sewer rates shall be based on revenue requirements necessary to cover all
costs of the utility, as authorized by the city council by the adoption of the annual
budget and subsequent amendments and shall be guided by adopted financial policies
and bond covenants.
(c) Rate Adjustments. Rates shall be evaluated periodically as part of the review and
adoption of the annual budget. Rate adjustments shall be recommended as needed to
meet revenue requirements. Any recommended rate adjustment shall consider equity,
adequacy, cost and other factors allowed by law.
(d) Billing and Collection. The utility shall develop and implement procedures and
systems pertaining to the billing and collection of sewer service charges and fees in
accordance with state law.
(e) Rate Relief. The city council may establish sewer rate relief measures for specific
customer classes as authorized by state law.
13.08.310 Violations – Penalties
(a) Civil Violation. Any violation of any of the provisions of this code constitutes a civil
violation as provided for in the AMC Chapter 11, for which a monetary penalty may
be assessed and abatement may be required as provided therein. The city shall seek
compliance through the civil violations code if compliance is not achieved through
this code.
.
(b) Destruction of Notice. It shall be unlawful for any person to remove, mutilate,
destroy, or conceal any notice issued and posted by the director pursuant to this code.
Section 5. Arlington Municipal Code Section 13.16.010 is amended to read as
follows:
13.16.010
As used in this chapter, the following definitions apply:
Definitions.
(a) "City" means the city of Arlington, Washington.
(b) "Comprehensive solid waste management plan" or "comprehensive plan" means the
Snohomish County comprehensive solid waste management plan, including a
recycling element, as adopted by Snohomish County Motion and as amended from
time to time.
(c) "County" means Snohomish County, Washington.
(d) "Interlocal agreement" means the Interlocal Agreement Regarding Solid Waste
Management, Snohomish County Auditor’s File No. 200802130271, and
incorporated herein by this reference along with any amendments thereto.
(e) "Person" means an individual, firm, partnership, political subdivision, government
agency, municipality, industry, public or private corporation, or any other entity
whatsoever.
(f) "Solid Waste" means solid waste as defined by RCW 70.95.030(16) and WAC 173-
304-100(73) with the exception of wastes excluded by WAC 173-304-015.
(g) "Solid waste handling" means the management, storage, collection, transportation,
treatment, utilization, processing, and final disposal of solid wastes, including the
recovery and recycling of materials from solid wastes, the recovery of energy
resources from such wastes or the conversion of the energy in such wastes to more
useful forms or combinations thereof, and as such term may be modified by
amendments to RCW 70.95.030(17).
(h) "System" means all facilities for solid waste handling owned or operated, or
contracted for, by county, and all administrative activities related thereto.
Section 6. Arlington Municipal Code Section 13.16.030 is amended to read as
follows:
13.16.030
(a) It is unlawful for any person to dispose of any solid waste generated in the city and
subject to this chapter unless they comply with the provisions of RCW 70.95.240,
RCW 70.95.500, and RCW 70.95.610, which are hereby adopted by reference.
Unlawful disposal of solid waste.
(b) Any violation of the provisions of RCW 70.95.240 shall be a misdemeanor, and any
person found guilty thereof shall be punished by a fine not to exceed one thousand
dollars or imprisonment in jail not to exceed ninety days, or by both such fine and
imprisonment.
(c) Any violation of the provisions of RCW 70.95.610 shall be misdemeanor, punishable
by a fine not to exceed one thousand dollars.
(d) Any violation of the provisions of RCW 70.95.500 shall be punishable by a civil
penalty, which shall be no less than two hundred dollars, nor more than two thousand
dollars for each offense.
Section 7. Arlington Municipal Code Section 13.20.010 is amended to read as
follows:
13.20.010
(a) The city is authorized, pursuant to RCW 35.67.310 and 35.92.200, to provide
sanitary sewer and water service to property outside the city limits. The city's
provision of such service is not mandatory. In all circumstances in which the city
agrees to provide water or sanitary sewer service to property beyond its limits, the
applicants for such service must comply with all of the terms and conditions of this
chapter.
Service outside city limits authorized.
(b) After designation of the city's urban growth area boundary by the county as
contemplated by RCW 36.70A.110, the city is prohibited from annexing territory
beyond such boundary (RCW 35A.14.005). Therefore, except to municipal
corporations or quasi-municipal corporations, such as water, sanitary sewer or fire
districts, and then only under the circumstances described in subsection (c) of this
section, the city's extension of sanitary sewer service outside the city limits to
property not contained within the city's urban growth area is generally not
appropriate under state law.
(c) The Growth Management Act, Chapter 36.70A RCW, allows cities to provide water
and sanitary sewer services in rural areas in those limited circumstances shown to be
necessary to protect basic public health, safety and the environment, and when such
services are financially supportable at rural densities and do not permit urban
development. Applications for water and/or sanitary sewer service in rural areas or
areas outside the city's urban growth area may be granted by the city under these
circumstances under the procedures set forth in Section 13.20.070 (Extensions for
Public Health, Safety or Environmental Reasons).
(d) System expansion will not be permitted except in conjunction with and at the time of
providing individual service connections as permitted herein.
Section 8. Arlington Municipal Code Section 13.20.020 is amended to read as
follows:
13.20.020
Any person desiring to have their property connected with the city's water supply system
or with sanitary sewer service shall make application at the office of the city's planning
division on the appropriate form. Every such application shall be made by the owner of
the property to be supplied the service, or by his or her authorized agent. The applicant
must state fully the purposes for which the water and/or sanitary sewer service is
required. Applicants must agree to conform to the city's rules and regulations concerning
water and sanitary sewer service set forth in this title, as the same now exists or may be
amended in the future. The Director of Public Works or his or her designee is hereby
authorized to develop administrative guidelines, procedures and forms to implement this
process.
Service outside city limits--Application.
Section 9. Arlington Municipal Code Section 13.24.020 is amended to read as
follows:
13.24.020
As used in this chapter, the terms listed below shall be defined as follows:
Definitions.
(a) “City” means the City of Arlington, Washington unless otherwise specified.
(b) "Cost of construction" means those costs (excluding interest charges or other
financing costs) incurred for design, acquisition for rights-of-way and/or easements,
(c) "Engineer" means the city engineer or his or her designated representative.
(d) "Recoverable costs" means a fair pro rata share of the cost of construction of sewer or
water facilities that exceeds the requirements of city code or adopted city standards or
that provides excess capacity as determined by the engineer.
(e) "Reimbursement agreement" means a written contract between the city and one or
more parties providing both for construction of sewer or water facilities and for
reimbursement to the party or parties constructing the facilities for part of the costs of
the facilities by owners of property benefited by the improvements.
(f) "Sewer or water facilities" shall have the meaning specified in RCW 35.91.020 as it
now reads or as hereafter amended.
Section 10. Arlington Municipal Code Section 13.24.030 is amended to read as
follows:
13.24.030
Any owner of real estate who is required to construct or improve sewer or water facilities
as a result of any provision of city code or other local or state regulation as a prerequisite
to further development may make application to the engineer for the establishment by
contract of an assessment reimbursement area as provided by state law.
Authorization.
If authorized by ordinance or contract, the City may participate in financing the
development of water, sewer or storm facilities authorized by, and in accordance with
RCW 35.91.020. The City will have the same rights to reimbursement as owners of real
estate who make contributions as authorized under this section.
Section 11. Arlington Municipal Code Section 13.24.040 is amended to read as
follows:
13.24.040
To be eligible for a reimbursement agreement, the estimated recoverable cost of the
proposed water or sewer improvement must be not less than twenty-five thousand dollars.
The estimated costs of the improvement shall be determined by the engineer, based upon
a construction contract for the project, bids, engineering or architectural estimates or
other information deemed by the engineer to be a reliable basis for estimating costs. The
determination of the engineer shall be final. A separate contract shall be required for each
water, sewer or storm water element
Minimum project cost.
Section 12. Arlington Municipal Code Section 13.24.050 is amended to read as
follows:
13.24.050
Every application for the establishment of an assessment reimbursement area shall be
accompanied by the application fee specified in Section 13.24.120 of this code and shall
include the following items:
Application--Contents.
(a) Approved utility design drawings;
(b) Itemized estimate of construction costs prepared and signed by a Washington state
licensed civil engineer or in the form of a bid submitted by a qualified contractor (if
more than one bid has been obtained, all bids must be submitted to the city).
(c) A scaled vicinity drawing, stamped by a licensed engineer or licensed land surveyor
depicting the proposed improvements, the location, the proposed benefited area,
dimension and county assessor's numbers for each tax parcel, size of parcels, and
evaluations where necessary for determining benefits;
(d) A separate legal description for each tax parcel within the benefited area;
(e) A complete list of owners of record of property within the proposed assessment
reimbursement area certified as complete and accurate by the applicant and which
states names and mailing addresses for each such owner;
(f) Envelopes addressed to each of the record owners of property at the address shown on
the tax rolls of the county treasurer within the proposed reimbursement area
boundary. Proper postage for certified mail shall be affixed or provided;
(g) Copies of executed deeds and/or easements in which the applicant is the grantee for
all property necessary for the installation of such sewer or water facilities; and
(h) Such other information as the engineer determines is necessary to properly review the
application.
Section 13. Arlington Municipal Code Section 13.24.060 is amended to read as
follows:
13.24.060
(a) The engineer shall review all applications for the establishment of an assessment
reimbursement area and may recommend approval of the application only if the
following requirements are met:
Engineer's recommendation.
(1) The project satisfies the minimum cost requirement and complies with city
standards;
(2) The proposed improvements fall within the description of sewer or water facilities
as those terms are described in RCW Chapter 35.91; and
(3) The proposed improvements are not constructed or currently under construction.
(b) In the event all of the above criteria are not satisfied, the engineer may recommend
conditional approval as is deemed necessary in order for the application to conform to
such criteria, or shall recommend denial of the application. The engineer's
recommendations as to the reimbursement area, method for calculating the
reimbursement fee and other recommendations shall be forwarded to the city council.
(c) The city council shall have final authority to grant or deny a request for a recovery
contract under this chapter. In reviewing a request for reimbursement pursuant to this
chapter, the city council may, in its sole discretion, agree to a reimbursement
agreement, or deny the same.
Section 14. Arlington Municipal Code Section 13.24.100 is amended to read as
follows:
13.24.100
No reimbursement agreement shall provide for reimbursement for a period longer than
twenty years from the date of final acceptance of the improvements by the city.
Length of reimbursement provision.
Section 15. Arlington Municipal Code Chapter 13.28 is repealed in its entirety.
Section 16. A new Chapter 13.28 is hereby added to the Arlington Municipal Code, as
follows:
Chapter 13.28
STORMWATER UTILITY
13.28.010 Title.
13.28.020 Stormwater department established.
13.28.030 Purpose.
13.28.040 Territorial application.
13.28.050 Intent.
13.28.060 Definitions.
13.28.070 Applicability of the utility.
13.28.080 Authority of the utility.
13.28.090 Comprehensive stormwater plan.
13.28.100 Studies and basin plans.
13.28.110 Emergency plan.
13.28.120 Areas of special flood hazard.
13.28.130 Connections or modifications to the drainage
system.
13.28.115 Facility ownership.
13.28.140 Permits – Approvals.
13.28.150 Engineering and design requirements.
13.28.160 Exceptions.
13.28.170 Installation responsibility.
13.28.180 Latecomer agreements.
13.28.190 Drainage easement requirements.
13.28.200 Construction requirements.
13.28.210 Construction and warranty inspections and tests.
13.28.220 Maintenance of drainage facilities.
13.28.230 Discharge of polluting matter.
13.28.240 Private facility inspections.
13.28.250 Illicit Discharge Detection and Elimination Program
13.28.260 Fees for permits/specific services.
13.28.270 Storm and surface water rates.
13.28.280 Violations – Penalties.
13.28.010
This chapter shall be known as the stormwater utility code and shall be referred to herein
as the “code.”
Title.
13.28.020 Stormwater department established
There is hereby created and established, pursuant to RCW Chapters 35A.80 and 35.67, a
storm and surface water utility to be known as the "Arlington Stormwater Utility." All
references to the “utility" in this chapter refer to the Arlington Stormwater Utility. The
administrator of the utility shall be designated by the city administrator. Any revenues
collected by the utility shall be separately accounted for and be used to provide for
regulation, operations and maintenance, improvements, debt service, education, and
administration of the utility. The officers and other employees shall consist of such
personnel as deemed necessary for the efficient administration of the department.
.
13.28.030
The purpose of this code is to:
Purpose.
(a) Provide for the planning, security, design, construction, use, maintenance, repair and
inspection of the public and private storm and surface water systems, and to protect
the life, health, and property of the general public;
(b) Establish programs consistent with federal and state regulations which assure the
quality of the water in such systems;
(c) Minimize water quality and quantity impacts causing degradation and sedimentation
of creeks, streams, ponds, lakes, and other water bodies;
(d) Preserve and enhance the suitability of waters for contact recreation, fish and wildlife
habitat, and aesthetics;
(e) Maintain and protect valuable groundwater quality, locations, and flow patterns
including points of recharge and discharge;
(f) Minimize the chance of flooding;
(g) Ensure the safety of public roads and rights-of-way;
(h) Decrease drainage related damage to public and private property; and
(i) Provide for the enforcement of the provisions of this code.
13.28.040 Territorial application
(a) This code shall be in effect throughout the Utility Service Area as defined in AMC
13.28.060.
.
(b) Where the storm and surface water system crosses jurisdictional boundaries through
the physical interconnection of structures and conveyances, the utility shall
coordinate with neighboring jurisdictions to clarify roles and responsibilities in
stormwater management activities.
13.28.050
It is the specific intent of this code to:
Intent.
(a) Enact an exercise of the police power of the City of Arlington to protect and preserve
the public health, safety and welfare; its provisions shall be liberally construed to
accomplish this purpose.
(b) Provide for and to promote the health, safety and welfare of the general public and
not to create or otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefitted.
(c) Place the obligation of compliance upon the owner/operator. Nothing contained in
this code is intended to be or shall be construed to create or form the basis for liability
on the part of the city of Arlington, its utility, officers, employees or agents, for any
injury or damage resulting from the failure of the owner or operator of any private
system to comply with the provisions of the code, or by reason or in consequence of
any act or omission in connection with the implementation or enforcement of this
code by the city of Arlington, its utility, officers, employees or agents.
13.28.060 Definitions.
The following words and phrases, when used in this code, shall have the following
meanings:
(a) “AMC” means Arlington Municipal Code.
(b) “As-built” means a final approved drawing of the actual installation of structures,
materials and equipment that meets the requirements specified in the most recent
edition of the Engineering Standards.
(c) “Best Management Practice” (BMP) means those physical, structural and/or
managerial practices that, when used individually or in combination, prevent or
reduce structural damage, soil erosion, and water pollution. BMPs include, but are not
limited to, structural solutions covered by the terms “best available technology”
(BAT) and “all known available and reasonable methods of treatment” (AKART).
(d) “City” means the city of Arlington, Washington unless otherwise specified.
(e) “Comprehensive Stormwater Plan” means the latest version of the city of Arlington
Comprehensive Stormwater Plan as adopted by the city council.
(f) “Conveyance system” means that part of the drainage system that conveys storm and
surface water, including pipes, storage facilities, catch basins, ditches, swales, and
stream courses.
(g) “Detention facility” means an above or below ground facility, such as a pond or vault,
that temporarily stores stormwater runoff and subsequently releases it at a slower rate
than it is collected by the drainage facility.
(h) “Director” means the director of the Arlington Public Works Department, or
designated representative.
(i) “Drainage Connection Permit” means a permit which is required to connect to an
existing public drainage system, construct a new private drainage system, or modify
an existing private drainage system.
(j) “Drainage system”. See “storm and surface water system.”
(k) “Emergency” means any natural or human-caused event or set of circumstances that
disrupts or threatens to disrupt or endanger the operation, structural integrity or safety
of the drainage system; or endangers the health and safety of the public; or aquatic
inhabitants; or otherwise requires immediate action by the utility.
(l) “Engineering Standards” means the most recent edition of the City of Arlington
Public Works Design and Construction Standards and Specifications manual, which
include minimum requirements for the design and construction of storm and surface
water drainage facilities.
(m) “Equivalent Service Unit” (ESU) means the measure of impervious area to be used by
the utility in assessing service charges against a parcel of property. One ESU is equal
to six thousand square feet of impervious area.
(n) “Illicit Discharge” means any discharge to a municipal separate storm sewer that is
not composed entirely of stormwater, except discharges as allowed by this code.
(o) “Illicit Discharge Detection and Elimination (IDDE) program” means a program
designed to detect and eliminate illicit discharges through education, enforcement, or
other measures available to the utility under this code. The IDDE program is both
reactive and proactive. The program is reactive in addressing spills and other illicit
discharges to the stormwater drain systems that are found. The program is proactive
in preventing and eliminating illicit discharges through education, training and
enforcement
(p) “Impervious area” means the hard surface area which prevents or retards the entry of
water into the soil mantle and/or causes water to run off the surface in greater
quantities or at an increased rate of flow from that present under natural conditions
prior to development. Common impervious surfaces include, but are not limited to,
roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or
asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other
surfaces which similarly impede the natural infiltration of surface and stormwater
runoff. Open retention/detention facilities and vegetated wetlands shall not be
considered as impervious surfaces for the purposes of this section when the area of
open water was incorporated in to the design. An area or property may be deemed
impervious whether or not the same is occupied or inhabited.
(q) “Maintenance Standards” means City of Arlington Stormwater Utility Maintenance
Standards which includes minimum requirements for maintaining drainage facilities
so they function as intended and provide water quality protection and flood control,
maintenance standards are identified or referenced in the Engineering Standards.
Maintenance of stormwater management systems located in critical areas buffers will
be required to follow an approved plan approved by the Natural Resources Manager.
(r) “Maximum Extent Practicable or MEP” means the use of best management practices
that are technically and financially achievable, and are the technically sound and
financially responsible, non-numeric criteria (standard of compliance) applicable to
all municipal stormwater discharges through the implementation of “best
management practices.”
(s) “National Pollution Detection and Elimination System Phase II Municipal
Stormwater Permit” (NPDES II) means the permit first issued to the City by the
Washington Department of Ecology on February 16, 2007, and as may be
subsequently revised and reissued, and which contains federal and state conditions to
which the Utility must comply.
(t) “One Hundred (100) Year, Twenty Four (24) Hour Storm” means a storm with 24-
hour duration with a 0.01 probability of exceedance in any one year.
(u) “Operations and Maintenance Manual” means a document prepared by the owner
and/or operator of a private drainage system as part of the drainage connection permit
application or the stormwater credit application, approved by Utility reviewers, and
revised and included with the as-built submittal. The O&M Manual for a
property(ies) becomes the basis for evaluation during private drainage facility
inspections.
(v) “Pollution” means the contamination or other alteration of the physical, chemical, or
biological properties of any natural waters including change in temperature, taste,
color, turbidity, or odor of the waters, or the discharge of any liquid, gaseous, solid,
radioactive, or other substance into any such waters as will, or is likely to, create a
nuisance or render such waters harmful, detrimental, or injurious to the public health,
safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or
other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other
aquatic life, per RCW 90.48.20.
(w) “Procedure” means a procedure adopted by the utility, by and through the director, to
implement this code, or to carry out other responsibilities as may be required by this
code or other codes, ordinances, or resolutions of the City or other agencies.
(x) “Property owner” means any individual, company, partnership, joint venture,
corporation, association, society or group that owns or has a contractual interest in the
subject property or has been authorized by the owner to act on his/her behalf.
(y) “Private system or private drainage facility” means any element of a storm and
surface water system which is not a part of the public drainage system as defined in
this code.
(z) “Public storm and surface water system, or public drainage system” means those
elements of the storm and surface water system:
(1) Located on property owned by the City or in public right-of-way; or
(2) Located on property on which the City has an easement, license or other right of
use for utility purposes.
(aa) “Redevelopment” means, on a currently developed site, the creation or addition of
impervious surfaces; structural development including construction, installation, or
expansion of a building or other structure; and/or replacement of impervious surface
that is not part of a routine maintenance activity; and land or vegetation disturbing
activities associated with structural or impervious development.
(bb) “Runoff control BMPs” means best management practices that are intended to
control or manage the rate and/or quantity of stormwater runoff.
(cc) “Service charge” means the monthly fee levied by the utility upon all real property
within the boundary of the utility as authorized herein.
(dd) “Source control BMPs” means best management practices that are intended to
prevent pollutants from entering storm and surface water.
(ee) “Storm and surface water system,” (also referred to as the drainage system), means
the entire system within the City, both public and private, naturally existing and
manmade, for the drainage, conveyance, detention, treatment or storage of storm and
surface waters. However, facilities directly associated with buildings or structures
such as foundation drains, rockery/retaining wall drains, gutters and downspouts or
groundwater are not considered parts of the storm and surface water system.
(ff) “Stormwater Credit Manual” a manual detailing procedures and requirements for
receiving credit against the monthly stormwater utility bill through education, proper
installation and maintenance of on-site, private stormwater systems. It is the City's
intent to encourage sound technical design and maintenance practices that reduce the
negative impact of development on the drainage system through a simple but
effective credit system.
(gg) “Stormwater Management Program” (SWMP) is a set of actions and activities which
constitute a work plan for meeting the conditions of the City’s NPDES II Stormwater
Discharge Permit and reduce our overall impact on the natural environment.
(hh) “Stormwater Manual” means the 2005 Washington Department of Ecology
Stormwater Management Manual for Western Washington, as hereby adopted.
(ii) “Stormwater manual administrator” is the Public Works Director or their designee.
This person acts on the City’s behalf to interpret matters associated with the
Stormwater Manual and to grant adjustments that are consistent with Stormwater
Manual objectives.
(jj) “Stream” means any channels as defined in AMC 20.88.100. These include areas
where surface waters flow sufficiently to produce a defined channel, bed or swale
where flow may be perennial or intermittent. This definition is not meant to include
ditches constructed to convey: ephemeral stormwater flows; irrigation water; or other
entirely artificial watercourses, unless they are used to convey certain streams
naturally occurring prior to construction.
(kk) “Unsafe condition” means any condition on any premises which is a hazard to public
health or safety that does or may impair or impede the operation or functioning of any
portion of the public drainage system or which may cause damage thereto.
(ll) “Utility” means the stormwater utility, within the Utilities Division of the Public
Works Department of the City of Arlington.
(mm) “Utility Service Area” means that service area defined by the City of Arlington
city limits and as may be expanded through subsequent inter-local agreements,
annexations and special utility district assumptions.
13.28.70 Applicability of the Utility
Any of the following actions or applications for any of the following permits and/or
approvals will require submittal for approval by the utility: site plans, design drawings,
and operation and maintenance plans. Submittals for the following shall be consistent
.
with the provisions of this code, and shall comply with the Stormwater Manual and the
Engineering Standards:
(a) Any modification of an existing drainage system;
(b) Creation of new or additional impervious surfaces;
(c) New development;
(d) Redevelopment that creates or alters impervious surfaces;
(e) Land disturbing activities, including construction, clearing, grubbing, grading, filling,
excavation or dewatering;
(f) Subdivision approval;
(g) Short subdivision approval;
(h) Commercial, industrial or multi-family site plan approval;
(i) Planned unit development or planned residential development;
(j) Development within or adjacent to critical areas; and
(k) Substantial development permit required under RCW 90.58 (Shoreline Management
Act).
13.28.080 Authority of the Utility
The utility, by and through its director, or designee shall have the authority to:
.
(a) Develop, adopt and carry out procedures as needed to implement this code and to
carry out other responsibilities of the utility, including, but not limited to, procedures
pertaining to the billing and collection of monthly service charges and procedures for
periodic adjustment of fees and charges imposed pursuant to this code and rate
structure as defined in AMC 13.12.
(b) Prepare and update as needed Engineering Standards to establish minimum
requirements for the design and construction of drainage facilities and requirements
for protecting existing facilities during construction. The Engineering Standards shall
be consistent with this code and adopted city policies.
(c) Administer and enforce this code and all procedures relating to the planning,
acquisition, security, design, construction, inspection and maintenance of new storm
and surface water facilities and relating to the regulation of storm and surface water
system alterations.
(d) Enter into any contract pursuant to Chapter 35.91 RCW, the Municipal Water and
Sewer Facilities Act, including contracts which provide for the reimbursement of
owners constructing facilities (latecomer agreements) and agreements with private
property owners.
(e) Prepare, update, administer and enforce as needed, maintenance standards to establish
minimum requirements for the maintenance of drainage facilities so they function as
intended, protect water quality and provide flood control.
(f) Develop and implement a program that includes administration, inspection,
education, and enforcement of private drainage facilities to ensure continued
compliance of drainage facilities with this code.
(g) Advise the city council, city administrator and other city departments and
commissions on matters relating to the utility.
(h) Prepare, revise as needed, recommend and implement a Comprehensive Stormwater
Plan for adoption by the city council, and prepare basin plans and other studies that
are approved in the utility’s adopted budget.
(i) Develop a Stormwater Management Program, as required by state and/or federal
agencies.
(j) Develop an Illicit Discharge Detection and Elimination program, as required by state
and/or federal agencies.
(k) Establish and implement programs to protect and maintain water quality and to
manage stormwater runoff within the storm and surface water system in order to
maintain compliance to the maximum extent practicable with applicable water quality
standards established by state and/or federal agencies as now or hereafter adopted.
(l) Perform or direct the performance of financial review and analysis of the utility’s
revenues, expenses, indebtedness, rates and accounting and recommend budgets, rates
and financial policy for adoption by the city council.
(m) Carry out such other responsibilities as required by this code or other city codes,
ordinances or regulations consistent with the Arlington comprehensive plan.
(n) Terminate utility service, including water and sewer service, to any utility customer
who is violating any provision of this code, to the extent permitted by law.
(o) Conduct public education programs related to protection and enhancement of the
drainage system.
(p) Develop an Underground Injection Control program to manage stormwater
infiltration systems, as required by state and/or federal agencies.
13.28.090 Comprehensive Stormwater Plan
A Comprehensive stormwater plan shall be developed by the utility for review and
adoption by the city council. The utility shall recommend supplements or updated plans
for adoption by the city council as needed.
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13.28.100 Studies and basin plans
The utility may, from time to time, conduct studies and develop basin plans. Plan
recommendations which impact development or land use regulations shall be reviewed
and approved by the Arlington Community Development Director, or their designee,
prior to being forwarded to city council for adoption. Upon adoption, such plan
recommendations shall supersede the requirements of this code; provided that the basin-
specific requirements provide an equal or greater level of water quality and runoff control
protection.
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13.28.110 Emergency plan
The utility will prepare and update an emergency plan, as required by state law, as part of
the City’s emergency operation plan.
.
13.28.120
Connections or modifications to any public or private drainage system, including
abandonment or removal of any structures, shall be allowed only if:
Connections or modifications to the drainage system.
(a) All applicable requirements of this code have been met; and
(b) All applicable Engineering Standards have been met; and
(c) The property owner has paid all applicable fees and charges.
13.28.130 System ownership.
Utility ownership of stormwater facilities.
(a) The utility owns and maintains all elements of the stormwater drainage system in the
public right-of-way and in easements or tracts dedicated to and accepted by the
utility, except to the extent private ownership is otherwise indicated as a matter of
record.
(b) The utility may choose to accept ownership (or other property rights) and
maintenance responsibility for privately built drainage facilities when all of the
following conditions are met:
(1) Ownership of the facility by the utility would provide a public benefit; and
(2) Necessary and appropriate property rights (easement) are offered by the property
owner at no cost to the utility; and
(3) Transfer of the facility is consistent with the land use permit issued by the city of
Arlington, and
(4) The facility meets Engineering Standards, as determined by the utility, or is
brought up to Engineering Standards by the owner; and
(5) There is access for utility maintenance in accordance with criteria provided in the
Engineering Standards; and
(6) The utility has adequate resources to maintain the facility; and
(7) In the case of runoff control facilities, the facility serves a residential subdivision
or short plat, rather than a commercial property; and
(8) The facility is transferred to the utility by bill of sale at no cost to the city.
(c) It is unlawful for any person, except City of Arlington personnel or its authorized
contractors to alter any portion of the city owned stormwater system.
13.28.140 Permits – Approvals
Drainage Connection Permit.
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(a) A drainage connection permit is required to connect to or modify the public drainage
system or modify a private drainage system,
(b) The property owner shall apply for a drainage connection permit whenever new
development or redevelopment involves any of the following:
(1) Detention or other runoff control facilities; or
(2) Runoff treatment facilities, other than spill control structures; or
(3) Work on the public drainage system or within the right-of-way:
(4) Culverts for driveways that can be covered under another permit such as a grading
or right-of-way permit; or
(5) Work on private drainage systems that may or may not be covered under another
permit such as a building or grading permit.
(c) A drainage connection permit application must be made by the property owner or
their licensed and bonded contractor.
(d) Drainage connection permit issuance date will coincide with the Site/Civil Permit
approval date and shall expire 18 months from the date of issuance, or as otherwise
specified in the Engineering Standards.
(e) The utility will accept constructed facilities as complete once the facilities have been
constructed according to the approved plans and specifications, as confirmed by
utility inspectors and as-built drawings along with a final O&M manual have been
completed as specified in the Engineering Standards; and all applicable fees and
charges have been paid. Ownership of newly constructed stormwater drainage
systems within the public right-of-way or in easements conveyed to the city shall be
transferred to the city through a bill of sale.
(f) Contractors. Contractors shall be licensed in accordance with Washington State
requirements and shall be registered with the City of Arlington.
(g) The City Engineer, or their designee, shall administratively determine submittal
requirements for all permits pertaining to stormwater system design and construction.
(h) When an application for drainage connection, new drainage system, or drainage
modification is required, it shall be the property owner’s responsibility to design all
drainage facilities required to serve the property including, but not limited to,
conveyance systems, runoff treatment best management practices, detention facilities
and other system components, in accordance with Engineering Standards and the
requirements of this Code.
13.28.150 Engineering and design requirements
(a) Authorities. The stormwater engineering and design requirements of the city,
including but not limited to thresholds, definitions, minimum requirements,
adjustment and variance criteria, and exceptions to these requirements, shall be
governed by the 2005 Department of Ecology Stormwater Manual, the City of
Arlington Engineering Standards, and all provisions of this code, including permits
issued under 13.28.120, and including differences identified elsewhere in 13.28.130.
In the event of conflicts between the various provisions, the most restrictive provision
shall apply.
.
(b) Divergence from the Stormwater Manual. Design, construction, maintenance, and
other requirements to be applied on projects within the City may differ from the
Stormwater Manual, and may be modified from time to time in order to meet
regulatory requirements or to take advantage of improved technology or
advancements in Best Available Science. All such requirements which differ from
those of the Stormwater Manual shall be clearly identified within the Engineering
Standards or within permits issued by the City.
(c) Low Impact Development (LID). Nothing in this AMC 13.28 is intended to preclude
the use of non-structural preventative actions and source reduction approaches as
alternatives to the engineering and design requirements identified herein, and in the
Stormwater Manual and the Engineering Standards. These measures include LID
techniques which minimize the creation of impervious surfaces and the disturbance of
native soils and vegetation. The City’s LID code and procedures shall be specified in
AMC Title 20 – Land Use Code and in the City of Arlington Engineering Standards.
13.28.160
(a) Where physical circumstances or conditions affecting the property, and where the
strict application of these provisions would deprive the applicant of all reasonable
economic use of the parcel of land in question, every effort shall be made to find
alternatives to meet the intent of the requirements of AMC
Exceptions.
13.28.150.
(b) Exception Process. Exceptions to the requirements of AMC 13.28.150 may be
granted by the Public Works Director, or their designee, provided that the exception
address all of the following criteria:
(1) The exception provides equivalent environmental protection; is in the public
interest; and the objectives of safety, function, environmental protection and
facility maintenance are fully met; and
(2) The granting of the exception will not be detrimental to the public health and
welfare and will not be injurious to other properties in the vicinity and/or
downstream of the proposal and/or to the quality of waters of the state; and
(3) The exception provides the least possible deviation from the requirements of
AMC 13.28.150.
13.28.170
(a) Property Owner Installation. The property owner shall install all drainage facilities as
required by this code and in accordance with Engineering Standards.
Installation responsibility.
(b) Costs. All installation costs are the property owner’s responsibility, except where:
(1) If the utility requires a property owner to upsize a drainage facility, the utility will
compensate the property owner for the difference in material cost between the
normally sized facility and the upsized facility, based on the lowest of three bids
furnished by the property owner from reputable licensed contractors. Upsizing
means the difference between the City’s minimum design standards, as defined in
the Engineering Standards, and the required facility size.
(2) An owner who constructs a public drainage system extension that directly benefits
a property in addition to the owner’s may request a latecomer agreement in order
to be reimbursed from benefitting properties that connect to the extension during
the agreement’s duration. See AMC Chapter 13.24 regarding latecomer
agreements.
(3) The city may choose to install drainage facilities to facilitate development,
coordinate with other city projects, or for other utility purposes.
13.28.180
See AMC Chapter 13.24 Utility Reimbursement Agreements.
Latecomer agreements.
13.28.190
(a) An easement is required whenever public drainage facilities will be constructed on
private property or whenever private drainage facilities will be constructed on
property owned by a third party. Evidence of the easement between the applicant and
third party property owner shall be provided to the city.
Drainage easement requirements.
(b) Requirements. All of the following requirements shall be met before the city will
accept and approve any easement:
(1) Clear title in the grantor shall be demonstrated; and
(2) The proposed easement shall be compatible with utility clearance standards and
setback standards and with other utilities or easements; and
(3) The easement shall provide the city with access to the facility for repair and
maintenance; and
(4) The easement shall prohibit all structures within the easement except those which
can readily be removed by the structure’s owner at the owner’s expense when
access to the drainage facility is required by the utility. If such structures are
within the easement area, an agreement to remove the structures on request by the
utility, approved by the city, shall be recorded; and
(5) The easement shall prohibit all vegetation and landscaping that may inflict
damage on the utility, or that will impede the utility from performing necessary
maintenance, repair, or replacement work on the utility located within the
easement. The utility may request the land owners upon whose propertythe
easement crosses to remove select vegetation and landscape. If the land owners
upon whose property the easement crosses fail to comply with the request to
remove vegetation and landscaping, the utility may remove the landscaping with
City employees or a licensed contractor at the owner’s expense.
(6) The easement dimensions and other requirements shall conform to the
Engineering Standards. The easement must be recorded prior to final approval of
the project.
(7) New easements will not be granted through areas that already have a Critical Area
Protection Easement, or other areas already identified as vegetated buffers.
(c) Costs. The property owner shall pay all costs of providing or obtaining and recording
the easement.
(d) Relinquishment of Easement. An easement granted to the utility may be relinquished
only if the utility determines it is no longer needed and the city council authorizes the
relinquishment.
13.28.200
(a) General. When constructing or modifying drainage facilities, compliance is required
with this code, the Engineering Standards, the approved Site/Civil Permit, plans and
specifications, the terms of any drainage connection permit, the recommendations of
the manufacturer of the materials or equipment used, and any applicable local, state
or federal requirements.
Construction requirements.
(b) Safety Requirements. Utility staff will perform inspections only if shoring and other
site conditions conform to WISHA safety standards and other safety requirements, as
applicable.
(c) Failure to Complete Work or Meet Requirements.
(1) The utility may complete public drainage facility construction begun by a
property owner or contractor, or take steps to restore the site (such as backfilling
trenches and restoring the public right of way) if the work does not meet utility
requirements, the contractor or person doing the work fails to rectify the problem
following notification by the utility, and the work, in the opinion of the utility,
constitutes a hazard to public safety, health or the drainage system.
(2) Utility costs incurred pursuant to subsection (c)(1) of this section shall be
calculated pursuant to AMC 13.28.170 and charged to the owner or contractor in
charge of such work. The permittee shall pay the utility immediately after written
notification is delivered to the responsible parties or is posted at the location of
the work. Such costs shall constitute a civil debt owed to the utility jointly and
severally by such persons who have been given notice as herein provided. The
debt shall be collectable in the same manner as any other civil debt owing the
utility. In addition, if an assurance device was collected for the project, the City
may collect the debt from the assurance device.
(3) If in the opinion of the director, the work being performed is not in accordance
with these codes or the Engineering Standards and the permittee is unwilling to
change or correct the deficiencies, the director may issue a stop work order until
the deficiencies are corrected.
(d) Authorized Drainage Construction. Only the following persons are authorized to
install drainage facilities:
(1) Contractors licensed in accordance with AMC 13.28.120(f).
(2) Property owners working on their own property.
(e) Posting of Drainage Connection Permit. If a drainage connection permit is required
for the work, the permit shall be readily available at the job site to utility inspectors.
(f) Location of Connection. Connection to the drainage system shall be made at a point
approved by the utility.
(g) As-Built Drawings and O&M Manual. An as-built plan shall be completed according
to the requirements in the Engineering Standards and filed with the utility prior to the
city’s acceptance of the improvements or final approval by the utility inspectors. A
final O&M manual shall be submitted that reflects any changes to the drainage
system between permitting and final construction approval.
13.28.210 Construction and warranty inspections and tests.
(a) Construction/Installation Inspection. All projects involving construction of new
drainage facilities, or connection or modification to existing drainage facilities are
subject to utility inspection to ensure compliance with the code, Engineering
Standards, and permit/approval conditions. As a condition of permit issuance, the
applicant shall consent to inspection and testing.
(b) Warranty Inspections and Tests. Public facilities and equipment accepted by the
utility under specific warranties may be re-inspected at the utility’s discretion and, if
necessary, retested prior to the expiration of the warranty period.
13.28.220
(a) Maintenance Responsibility.
Maintenance of drainage facilities.
(1) The utility is responsible for maintaining, repairing, and replacing public drainage
facilities.
(2) Owners of private drainage facilities, including but not limited to detention
facilities, runoff treatment facilities and conveyance facilities, are responsible for
the operation, maintenance, repair, and replacement of those facilities.
(3) In new subdivisions and short plats, maintenance responsibility for private
drainage facilities shall be specified on the recorded subdivision or short plat.
(4) If a private drainage facility serves multiple lots and the responsibility for
maintenance has not been specified on the subdivision plat, short plat or other
legal document, maintenance responsibility shall rest with the homeowners
association, if one exists, or otherwise with the properties served by the facility, or
finally, with the owners of the property on which the facilities are located.
(b) Maintenance and Inspection Standards. Drainage facilities shall be maintained so that
they operate as intended. Stormwater maintenance standards shall be in accordance
with the Stormwater Manual, the Engineering Standards, and in accordance with the
operation and maintenance plan (O&M manual) approved for the drainage facility
operation and maintenance plan.
13.28.230
(a) Discharge of Polluting Matter Prohibited. No person shall discharge, either directly or
indirectly, any organic or inorganic matter into the storm and surface water system
that may cause or tend to cause water pollution, including, but not limited to, the
following:
Discharge of polluting matter.
(1) Petroleum products including but not limited to oil, gasoline, grease, fuel oil and
heating oil;
(2) Trash or debris;
(3) Pet wastes;
(4) Chemicals;
(5) Paints;
(6) Steam cleaning wastes;
(7) Washing of fresh concrete for cleaning and/or finishing purposes or to expose
aggregates;
(8) Wash water runoff from pavements and building exteriors;
(9) Laundry wastes;
(10) Soaps and detergents;
(11) Pesticides, herbicides, or fertilizers;
(12) Sanitary sewage;
(13) Heated water;
(14) Chlorinated water or chlorine;
(15) Degreasers and/or solvents;
(16) Bark and other fibrous material;
(17) Antifreeze or other automotive products;
(18) Lawn clippings, leaves, or branches;
(19) Non-native invasive plants or seeds
(20) Animal carcasses or aquarium pets;
(21) Sediment;
(22) Acids or alkalis;
(23) Recreational vehicle wastes;
(24) Dyes (without prior permission of the drainage utility);
(25) Construction materials;
(26) Food waste;
(27) Lawn watering and other irrigation runoff;
(28) Swimming pool discharges;
(29) Runoff from dust control efforts
(b) Swimming pool discharges shall be allowed where discharges are de-chlorinated to a
concentration of 0.1 ppm, pH-adjusted and re-oxygenated, if necessary, and
volumetrically and velocity controlled to prevent re-suspension of sediments in the
stormwater system.
(c) Pavement Washing Prohibited. In addition to the prohibitions of subsection (a) of this
section, washing of public or private streets and parking areas is not permitted unless
all of the following conditions are met:
(1) No other feasible alternative exists to remove the undesirable material; and
(2) Prior written approval is obtained from the director; and
(3) Facilities are provided to collect and treat the wash water runoff and affected
drainage facilities are cleaned.
(d) Discharge of Pollutants – Liability for Expenses Incurred by the Utility. Any person
responsible for pollutant discharge into the storm and surface water system who fails
to immediately collect, remove, contain, treat or disperse such pollutant materials at
the director’s request shall be responsible for the necessary expenses incurred by the
City in carrying out any pollutant abatement procedures, including the collection,
removal, containment, treatment or disposal of such materials.
(e) Source Control BMPs. To prevent discharge of polluting matter into the storm and
surface water system, source controls shall be applied in accordance with the
Maintenance Standards for public and private systems as per AMC 13.28.230(b).
13.28.240 Private facility inspections
(a) Inspection Program. As required by the NPDES II permit, the director is authorized to
develop and implement an inspection program for new and existing private drainage
facilities within the City.
.
(b) Right of Entry. An authorized representative of the City may enter private property at
all reasonable times to conduct inspections, tests or to carry out other duties imposed
by the code, provided the utility shall first attempt to notify the property owner or
person responsible for the premises. If entry is refused or cannot be obtained, the
director shall have recourse to every remedy provided by law to secure entry.
13.28.250 Illicit Discharge Detection and Elimination (IDDE) and Emergency Conditions
(a) IDDE Inspection Program. As required by the National Pollution Discharge
Elimination System, Phase 2 permit, the director is authorized to develop and
implement an IDDE program specifically designed to detect and eliminate illicit
discharges.
(b) Right of Entry. Upon detection or verifiable reporting of an illicit discharge, an
authorized representative of the utility may enter private property at all reasonable
times to conduct inspections, tests or to carry out other duties imposed by the code,
provided the utility shall first attempt to notify the property owner or person
responsible for the premises. If entry is refused or cannot be obtained, the director
shall have recourse to every remedy provided by law to secure entry.
(c) Emergency Conditions. Notwithstanding any other provisions of this code, whenever
it appears to the director, or an authorized representative of the utility, that conditions
regulated by this code exist and require immediate action to protect the public health,
safety, or public resources, the director is authorized, to the extent permitted by law,
to enter at all reasonable times in or upon any property, public or private, for the
purpose of inspecting and investigating such emergency conditions. The director may
without prior notice order the immediate discontinuance of any activity leading to the
emergency condition. Failure to comply with such order shall constitute a civil
violation pursuant to AMC 11.01.090.
13.28.260 Fees for permits/specific services.
(a) General.
(1) The director shall develop for city council review and adoption a schedule of fees
and charges for all permits and other specific services provided by the utility,
including:
(a) Drainage connection permits;
(b) Site investigations beyond typical operations and maintenance that may be
required by system blockages, water pollution, and other extenuating
circumstances;
(c) Disconnection charge for unauthorized connections;
(d) The fees referenced in this section are in addition to applicable stormwater
rates.
(b) Fee Schedule. The director shall adjust the schedule of fees and charges without
further city council action to the extent necessary to reflect actual changes in the
utility’s cost of providing the service.
13.28.270
(a) General. The city council shall establish service rates within AMC 13.12 for the
operation and maintenance of the drainage system, for related drainage services, and
for the operation of the Stormwater Utility. Shall establish classifications of
customers or service and rate structures, using any method or methods authorized by
law.
Storm and surface water rates.
(b) Rate Basis. Drainage rates shall be based on revenue requirements necessary to cover
all costs of the utility, as authorized by the city council, the adoption of the annual
budget and subsequent amendments and shall be guided by adopted financial policies
and bond covenants.
(c) Rate Adjustments. Rates shall be evaluated periodically as part of the review and
adoption of the annual budget. Rate adjustments shall be recommended by the
director as needed to meet revenue requirements of the utility. The recommendation
shall consider equity, adequacy, costs, NPDES requirements and other factors
allowed by law.
(d) Rate Relief. The city council may establish drainage rate relief measures, as
authorized by state law and as detailed in the Stormwater Credit Manual, for specific
customer classes where, through site design, regular system maintenance, education
and other approaches, the impacts of stormwater on the drainage system are reduced.
13.28.280
(a) Voluntary correction. In the event a property owner or contractor violates any of the
provisions of this code, the Stormwater Manual, or the Engineering Standards, City
staff shall work with the violator to voluntarily correct the situation and comply with
these conditions. Education and cooperative problem solving shall govern the city’s
response during this period,
Violations – Penalties.
(b) Civil Violation. Any violation of any of the provisions of this code constitutes a civil
violation as provided for in the AMC Chapter 11, for which a monetary penalty may
be assessed and abatement may be required as provided therein. The city shall seek
compliance through the civil violations code if compliance is not achieved through
this code.
(c) Destruction of Notice. It shall be unlawful for any person to remove, mutilate,
destroy, or conceal any notice issued and posted by the director pursuant to this code.
Section 17. Arlington Municipal Code Section 13.32.020 is amended to read as
follows:
13.32.020 Documents adopted by reference
The following documents are incorporated by reference as part of the city of Arlington
Cross-Connection Control Code:
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(a) Washington Administrative Code (WAC) Chapter 246-290 rules and regulations
pertaining to Group A Public Water Systems as defined therein;
(b) The current City of Arlington Public Works Design and Construction Standards and
Specifications (Engineering Standards);
(c) The most current edition of the Cross-Connection Control Manual, Accepted
Procedure and Practice, as published by American Water Works Association, Pacific
Northwest Section;
(d) The city of Arlington Plumbing Code, Chapter 16.36 of this code;
(e) University of Southern California’s Manual of Cross-Connection Control, “List of
Approved Backflow Assemblies”.
Section 18. Arlington Municipal Code Section 13.32.040 is amended to read as
follows:
13.32.040
This chapter applies to every premises, whether existing or under construction, located
within the water service area of the city of Arlington and seeking to connect, or already
connected, to the city of Arlington water system. The owners and occupants of all
premises served by the city's water distribution system shall comply with this chapter as a
condition to receiving water service, whether inside or outside of the city limits. It applies
to all systems installed before or after its enactment. Every owner and occupant of any
premises covered by this chapter is responsible for compliance with its terms and shall be
strictly liable for all damage incurred as a result of failure to comply with the express
terms and provisions contained herein.
Scope.
Section 19. Arlington Municipal Code Section 13.32.060 is amended to read as
follows:
13.32.060
(a) The city shall have the authority to enforce the cross-connection control requirements
specified by this chapter, WAC 246-290, and the implementation of a cross-
connection program that relies on premises isolation as defined in WAC 246-290-
010.
Administration and enforcement--Official authority.
(b) All new buildings or developments within the city of Arlington water service area,
both inside and outside the city limits, shall be required to follow the cross-
connection control requirements specified herein.
(c) The city shall be responsible for the administration of cross-connection control for in-
premises protection defined in WAC 246-290-010. The most current edition of the
city of Arlington Plumbing Code as adopted by ordinance shall be administered and
enforced by the city building official, or his/her designee for the purpose of cross-
connection control.
(d) Where provisions relative to cross-connection control are regulated by other
municipal or governmental agencies, the city of Arlington shall, when applicable or
necessary, enter into an interlocal cooperative agreement with such agencies for the
administration, inspection and enforcement of cross-connection controls pursuant to
this chapter.
Section 20. Arlington Municipal Code Section 13.32.080 is amended to read as
follows:
13.32.080
The installation or maintenance of a cross-connection which could endanger the city of
Arlington public water system is unlawful. Failure on the part of any service customer to
eliminate or control such cross-connection shall be sufficient cause for the termination of
the water service to the premises on which the cross-connection exists. The water service
shall not be resumed until the appropriate assembly is installed or the cross-connection is
removed. The City’s cross-connection control specialist shall inspect the premises before
the water service is reestablished.
Cross-connection prohibited.
Section 21. Arlington Municipal Code Section 13.32.090 is amended to read as
follows:
13.32.090 Backflow prevention assemblies.
To ensure proper operation and accessibility of all backflow prevention assemblies, the
following requirements shall apply:
(a) All assemblies installed shall be a model approved by the Department of Health and
shall appear on the most recent List of Approved Backflow Assemblies. All backflow
assemblies shall be installed per the Engineering Standards at a location and in a
manner approved by the cross-connection control specialist and at no expense to the
city. Testing, repair or replacement of defective backflow prevention assemblies shall
be the responsibility of the service customer. Initial installation, tests or repairs shall
be made in the presence of the cross-connection control specialist and performed by a
certified backflow assembly tester (BAT) possessing all required specialty licenses.
(b) All new commercial and industrial facilities, residential, developments, or any types
of uses, connecting to the city of Arlington public water system shall be required to
install backflow assembly commensurate to their degree of hazard for premise
isolation as assessed by the cross-connection control specialist at the service location.
When premise isolation is installed at an alternate location, it must be acceptable to
the purveyor. The purveyor shall ensure that there are no connections between the
point of delivery from the public water system and the approved backflow assembly.
Section 22. Severability
. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 23. Effective Date
. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 2010.
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT J
COUNCIL MEETING DATE:
May 10, 2010
SUBJECT:
Draft Ordinance Revising Title 12
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Ordinance Revising Title 12 – Streets & Sidewalks
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is ongoing
DESCRIPTION:
The proposed changes previously reviewed with Council have now been placed in ordinance
form for Council’s review. AMC Title 12 discusses a variety of regulations involving streets and
sidewalks, including how we address properties, how street vacations are conducted, and the
city’s truck route.
HISTORY:
The City Council is reviewing the Arlington Municipal Code to update it for eventual
publication to the City’s website.
ALTERNATIVES:
RECOMMENDED MOTION:
No action at this time.
Ordinance No. 2010-xxx 1
ORDINANCE NO.
2010-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING AND REPEALING CERTAIN SECTIONS OF
ARLINGTON MUNICIPAL CODE TITLE 12 RELATING TO
STREETS AND SIDEWALKS AND ADDING A NEW CHAPTER
12.48 RELATING TO SIDEWALK AND ROADSIDE MEMORIALS
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 12, relating to streets and sidewalks;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Section 12.12.010 is amended to read as
follows:
12.12.010 Duty of abutting owner to abate nuisance
(a) Trees, plants, shrubs, or vegetation, or parts thereof, which so overhang any sidewalk,
street, alley, or public right-of-way, or which are growing thereon in such manner as
to obstruct or impair the free and full use of the sidewalk, street, or alley by the public
or to obstruct vision of the improved portion of a public right-of-way or intersection
of streets or which damage, obstruct or endanger City owned utilities rightfully
located within a public right-of-way, or which have grown or died upon any property
and are a fire hazard or a menace to public health, safety or welfare are a public
nuisance. It is the duty of the owner of the property wherein or whereon any such
nuisance exists or of the property abutting the street wherein or whereon such
nuisance exists to abate the same by trimming, destroying or removing the same.
.
(b) On property at any corner formed by intersecting streets, it is unlawful to install, set
out or maintain, or allow the installation, setting out or maintenance of, any sign,
hedge, shrubbery, natural growth or other obstruction to the view higher than two feet
six inches above the level of the center of the adjacent intersection within that
triangular area between the property line and a diagonal line joining points on the
property lines twenty-five feet from the point of their intersection, or in the case of
rounded corners, the triangular area between the tangents to the curve and a diagonal
line joining points on said tangents twenty-five feet from the point of their
intersection. The tangents referred to are those at the beginning and at the end of the
curve at the corner.
Ordinance No. 2010-xxx 2
(c) Exceptions. The provisions in (a) shall not apply to permanent buildings; public
utility poles; trees trimmed (to trunk) to a line at least eight feet above the level of the
intersection; saplings or plant species of open growth habits and not planted in the
form of a hedge, which are so planted and trimmed as to leave at all seasons a clear
and unobstructed cross-view; supporting members of appurtenances to permanent
buildings existing on the date the ordinance codified in this chapter becomes
effective; official warning signs or signals; or to places where the contour of the
ground is such that there can be no cross-visibility at the intersection.
Section 2. Arlington Municipal Code Section 12.12.020 is amended to read as
follows:
12.12.020 Penalty for noncompliance
The failure or refusal to comply with the provisions of AMC 12.12.010 shall subject the
offender to a fine not exceeding $300.00.
.
Section 3. Arlington Municipal Code Section 12.12.030 is amended to read as
follows:
12.12.030 Enforcement
Members of the Public Works department shall enforce this chapter and, if any property
owners fail or refuse to abate any such nuisance, as defined by AMC 12.12.010, the
director, or his/her designee may, in addition or as an alternative to the penalties
prescribed by AMC 12.12.020, require such property owner to abate the nuisance by
removal, trimming or destruction at such owner’s cost and expense within a specified
time; and if the removal, trimming or destruction is not made by said owner within the
time specified, the city may abate the same as provided in AMC 12.12.050.
.
Section 4. Arlington Municipal Code Section 12.12.040 is amended to read as
follows:
12.12.040 Notice of Nuisance—Abatement
Upon determination that a condition exists within the prohibition of Sections 12.12.010
through 12.12.030, a Notice of Nuisance shall be placed on the front door of the
residence and mailed to the owner or occupier of the premises on which the condition
exists setting forth the nature of the condition, and the means of removing the same. Such
notice shall also set forth that if such removal or destruction is not accomplished within
five business days after the service or mailing of said notice the city may take action to
remedy the nuisance and that the costs thereof shall be borne by the owner of the property
and become a lien against the property.
.
Section 5. Arlington Municipal Code Section 12.12.050 is amended to read as
follows:
12.12.050 Abatement by city – Costs --Lien.
Ordinance No. 2010-xxx 3
If the nuisance is not abated by trimming, removal, or destruction by the property owner
within a the time fixed in the notice, the City may abate the nuisance and render a
statement covering the costs of such abatement, including all of the city’s expenses, and
mail the bill to the property owner. If the property owner fails or refuses to pay such bill,
or if the owner cannot be found, the City may cause a lien to be filed against said
property. Said lien shall be in such form and foreclosed in such manner as is specified in
RCW 35.21.310.
Section 6. A new section 12.12.060 is hereby added to Arlington Municipal Code
Chapter 12.12 to read as follows:
12.12.060 Destruction of trees, shrubs, plants prohibited
Except to abate a nuisance as defined herein, no person or entity shall damage, destroy or
mutilate any tree, shrub or plant in a public right-of-way or in any other public place, or
attach or place any rope or wire (other than one used to support a young or broken tree),
sign, poster, handbill or other thing to or on any tree growing in a public place, or cause
or permit any wire charged with electricity to come in contact with any such tree, or
allow any gaseous, liquid or solid substance which is harmful to such trees to come in
contact with their roots or leaves. Any person or entity shall be liable for damage
resulting from the violation of this ordinance.
.
Section 7. Arlington Municipal Code Section 12.16.010 is amended to read as
follows:
12.16.010 Definitions
The following words or phrases, whenever used in this chapter, shall have the meanings
ascribed to them in this section unless, where used, the context clearly indicates to the
contrary:
.
(a) "Alley" means a public or private way twenty feet or less in width not designated
or improved for general travel and used as a means of secondary access or to the
rear of residential, business or other property.
(b) "Avenue" means a public or private thoroughfare dedicated or improved for
general travel and as a means of primary access to the front of residential,
business or other property and, except for occasional curves, turns, or bends, runs
in a general north-south direction.
(c) “Block” is considered the distance between intersections except where a long
block faces a short block because of differences in platting of adjacent plats, or
where unplatted land faces platted land. In these circumstances, the long block or
unplatted land may be given more than one set of one hundred numbers in order
to follow the desired uniformity for the Old Town district as a whole.
(d) "Boulevard" means a public way dedicated or improved for general travel and as a
primary means of access to the front of property, either as a thoroughfare or cul-
de-sac, having such curves, turns, or bends so as not to fit into the regular street or
avenue pattern, or a divided or other ornamental way within or adjacent to a park,
scenic or landscaped area and not being a portion or extension of a named street
or avenue.
Ordinance No. 2010-xxx 4
(e) “Building Official” means the designated city official to perform the duties of the
“building official” as herein prescribed.
(f) “Court” means a public way dedicated or improved for general travel and as a
primary means of access to the front of residential, business or other property as a
cul-de-sac, which cannot be extended and is less than one grid block in length.
Courts are to be named or numbered and carry the numbers of the preceding street
or avenue (in the direction of the lowest house numbers).
(g) "Designating official" means the director of Community Development or his/her
designee.
(h) “Drive” means a public way dedicated or improved for general travel and as a
primary means of access to the front of property, as either a thoroughfare or cul-
de-sac as not to fit into the regular street or avenue pattern, and shall run
north/south in between the grid lines.
(i) “Lane” means private streets or streets in a private street subdivision.
(j) “Loop” means a public way dedicated or improved for general travel and as a
primary means of access to the front of residential, business or other property as
that is a small loop-type street or avenue, which carries the name of the street or
avenue pattern from which they originate.
(k) “Parkway” means a public way dedicated or improved for general travel and as a
primary means of access to the front of property, either as a thoroughfare or a
divided or other ornamental way within or adjacent to a park, scenic or
landscaped area and not being a portion or extension of a named street or avenue.
(l) "Place" means a public or private way other than an alley, boulevard, drive, or
way which does not fit into the fixed street and avenue pattern by virtue of
running at an acute angle to streets or avenues.
(m) "Street" means a public or private thoroughfare dedicated or improved for general
travel and as a means of primary access to the front of residential, business or
other property and, except for occasional curves, turns, or bends, runs in a
generally east-west direction.
(n) “Way” means a public way dedicated or improved for general travel and as a
primary means of access to the front of property, either as a thoroughfare or cul-
de-sac, having such curves, turns or bends as not to fit into the regular street or
avenue pattern, or a divided or other ornamental way within or adjacent to a park,
scenic or landscaped area and not being a portion or extension of a named street
or avenue.
Section 8. Arlington Municipal Code Section 12.16.040 is amended to read as
follows:
12.16.040 Maintenance of street naming and house numbering system
(a) Extensions of existing boulevards, drives and ways shall bear the name of the existing
boulevard, drive or way unless such extension is approximately straight and will fit
into the system for designation of a street or avenue, in which case the designating
official shall designate such extension as a street or avenue unless the city council, by
resolution, directs the extension to bear the name of the prior existing way.
.
Ordinance No. 2010-xxx 5
(b) New boulevards, drives or ways shall be named or designated by resolutions of the
city council after recommendation by interested persons, community groups, planning
commission or the designating official.
(c) All existing and named streets, avenues, places, boulevards, drives or ways shall
continue to bear the designation heretofore existing under the Snohomish County
numbering system unless changed by resolution or ordinance of the city council after
the council has determined that the prior designation does not conform to the official
street designating ordinance, that the public convenience and welfare will be served
by such change in designation, or that the change in designation will implement the
goals and policies of the city.
(d) The building official shall be responsible for the development and maintenance of
maps indicating street names and house numbers. The building official shall maintain
a file of existing street names and a catalog of potential street names and be
responsible for insuring that proposed street names are in conformance with this
chapter and do not duplicate existing street names.
(e) The building official shall, on all building permits for new residences, accessory
dwelling units, buildings, structures, or places of business, excepting sheds and
accessory buildings, assign an address number consistent with this chapter. On
building permits other than new construction, the building official shall ensure that
the address listed thereon is consistent with this chapter.
(f) Minor changes or corrections to numbers, may be made administratively by the
building official, following the written request from a residential or commercial
occupant. Minor changes may be initiated by staff when in the best interest of public
safety.
(g) Major changes such as renumbering or street name changes may be initiated by a
written request from a residential or commercial occupant, or by staff in the interest
of public safety and/or public benefits. In either case, the building official shall
convene a review committee, to include but not limited to, a representative of the
police department and the fire department. If the committee determines that a change
should be made, a proposed plan shall be prepared and the affected neighborhood or
commercial area be notified for comment. The committee shall review any comments
received and determine if the public safety interest is best served by the proposed
change. Such change determination shall be approved by the city council prior to any
such change being effected.
Section 9. Arlington Municipal Code Section 12.16.050 is repealed in its entirety.
Section 10. Arlington Municipal Code Section 12.16.060 is amended to read as
follows:
12.16.060 Assignment of numbers
(a) One Hundred Grid Block. The one hundred block for street naming and house
numbering shall be determined by consulting the official grid map. Grid maps indicating
the location of one hundred block grid lines shall be prepared on one inch equals four
hundred feet scale map and made available for use at a later date.
.
(b) Numbering Interval.
Ordinance No. 2010-xxx 6
(1) The assignment of a number to a specific property location shall be
determined by measuring distances from the one hundred block grid lines.
(2) Measurements shall be taken from the grid line to the main entrance of the
building or property for the purpose of assigning numbers.
(c) Number Assignment. The assignment of numbers shall be as follows:
(1) Old Town District.
(a) All houses, buildings and lots situated within the first block north of First
Street within the Old Town district shall, on all intersecting streets, avenues and
other public ways, be given numbers between 101 and 199 inclusive; within the
second block, numbers between 201 and 299 inclusive shall be used, and so on in
each succeeding block; and all numbers shall be indicated by adding the word
"North" to the name of the street, avenue or other public way.
(b) All houses, buildings and lots situated within the first block south of First
Street within the Old Town district shall, on all intersecting streets, avenues and
other public ways, be given numbers between 101 and 199 inclusive; within the
second block, numbers between 201 and 299 inclusive shall be used, and so on in
each succeeding block; and all numbers shall be indicated by adding the word
"South" to the name of the street, avenue or other public way.
(c) All houses, buildings and lots situated within the first block east of the
Burlington northern railroad right-of-way base line within the Old Town district
shall, on all intersecting streets, avenues and other public ways, be given numbers
between 101 and 199 inclusive; within the second block, numbers between 201
and 299 inclusive shall be used, and so on in each succeeding block; and all
numbers shall be indicated by adding the word "East" to the name of the street,
avenue or other public way.
(d) All houses, buildings and lots situated within the first block west of the
Burlington northern railroad right-of-way base line within the Old Town district
shall, on all intersecting streets, avenues and other public ways, be given numbers
between 101 and 199 inclusive; within the second block, numbers between 201
and 299 inclusive shall be used, and so on in each succeeding block; and all
numbers shall be indicated by adding the word "West" to the name of the street,
avenue or other public way.
(e) One number shall be assigned for each twenty-five feet of frontage or
fraction thereof except that adjustments may be made in order to follow the
desired uniformity for the Old Town district.
(f) Odd numbers shall be used on the north and east sides of the streets, avenues,
and all other public ways.
(g) Even numbers shall be used on the south and west sides of the streets,
avenues, and all other public ways.
(h) All houses, buildings or lots nearer the base line shall be assigned the smaller
numbers. In assigning numbers to houses and buildings between which one or
more lots lie unimproved, sufficient numbers shall be allowed for later assignment
to such vacant lots.
(2) City-wide District.
(a) All houses, buildings and lots situated within the city-wide district shall, on
all intersecting streets, avenues and other public ways, be given numbers between
Ordinance No. 2010-xxx 7
00 and 33 inclusive; within the second block, numbers between 00 and 33
inclusive shall be used, and so on in each succeeding block.
(b) Even numbers shall be assigned to south and west sides of streets; odd
numbers to the north and east sides of the streets. Determination of street
directions north-south, east-west can be decided by observing the overall length of
a street and noting its general direction. The even and odd numbers shall be
assigned consecutively and opposite one another wherever possible. Neither
numeric fractions nor alphabetical letters shall be assigned as part of the unique
address for stand-alone structures. Where a street is prevented from being
continuous by a natural barrier, the addressing will be broken off at the barrier
and continued again at the other side of the barrier consistent with the appropriate
one hundred grid block on the official grid map as described in subsection (a) of
this section.
(c) Short loops and cul-de-sacs shall be numbered consecutively from that point
where they originate and proceeding progressively around the loop or cul-de-sac.
(d) Multifamily developments will have one main assigned number address
taken from the street. Each building shall have a letter designation of A, B, C, D,
etc. Interior streets within multifamily developments will be named and such
names will be approved as defined in Section 12.16.040 of this chapter. If the
interior street is to remain private, then the name will be qualified by designating
that street as a lane as defined in Section 12.16.010(i) of this chapter. Each of the
multifamily buildings fronting that interior street will be numbered from said
street. Each unit within a multifamily building will also be identified (e.g., 3515
Private Lane NE Unit #101). Each unit numbering will be from left to right as
seen from facing the building. The first digit of each unit number will indicate on
which floor of the building each unit is located.
(e) In large commercial development projects with a single access from a main
street and a shared parking lot, each building will be individually numbered from
the main street. For those projects fronting on intersecting streets, each building
will be individually numbered from the intersecting street on which it fronts. Each
tenant suite within a commercial building will also be identified (e.g., 3515 Main
St. NE Suite #201). The suite numbering will be from left to right as seen from
facing the building. The first digit of each suite number will indicate on which
floor of the building each suite is located.
Section 11. Arlington Municipal Code Section 12.16.090 is amended to read as
follows:
12.16.090 Penalty
Failure to comply with the provisions of this chapter, or affixing to or displaying upon
any house or building any such numbers other than those assigned to it, is a misdemeanor
and shall be punished as provided in Section 1.04.010.
.
Section 12. Arlington Municipal Code Section 12.18.010 is amended to read as
follows:
Ordinance No. 2010-xxx 8
12.18.010 Commencement by property owners
The owners of any interest in real property abutting on any street or alley or any part
thereof who desire the vacation of such street or alley may petition the city council to
vacate said street or alley. The petition shall include a description of the property to be
vacated and the names, addresses, and property tax account number of the petitioners.
The petition shall be signed by the owners of at least two-thirds of the real property
abutting the street or alley or any part thereof to be vacated.
.
Section 13. Arlington Municipal Code Section 12.18.020 is amended to read as
follows:
12.18.020 Commencement by city council
The city council may commence a street vacation by adopting a resolution describing the
street or alley or any part thereof to be vacated.
.
Section 14. Arlington Municipal Code Section 12.18.030 is amended to read as
follows:
12.18.030 Street vacation-Fee
The petitioners shall pay the fee as specified in the fee resolution in effect at the time of
filing of the petition for a street vacation.
.
Section 15. Arlington Municipal Code Section 12.18.040 is amended to read as
follows:
12.18.040 Notice of Hearing
The city council shall by resolution schedule the proposed street vacation for a public
hearing before the city council, which shall take place not less than twenty (20) calendar
days or more than sixty (60) calendar days after the date of passage of the resolution.
.
The public hearing of the proposed street vacation shall be in the manner required by
RCW 35.79.020.
Notice of the public hearing shall be posted in a conspicuous place on that portion of the
street or alley sought to be vacated and copies of such notice shall be mailed at least
twenty (20) calendar days prior to the hearing date to each owner of property located
within 300 feet of the right-of-way proposed to be vacated, including the petitioners, at a
local address if a resident of the city, otherwise to the last address showing on the
Snohomish County Assessor’s records. Said notice shall contain a statement that a
petition has been filed to vacate the portion described in the notice together with a
statement of the time and place fixed for the hearing of the petition and inviting interested
persons to appear and be heard for or against the granting thereof or to submit written
comment prior to that date.
Section 16. Arlington Municipal Code Section 12.18.050 is amended to read as
follows:
Ordinance No. 2010-xxx 9
12.18.050 Street vacations-Hearing
.
At the time appointed for the hearing on the petition or resolution, or at such time as the
same may be adjourned to by the council, the matter shall be considered and persons
desiring to speak for or against the vacation thereof shall be heard. Following such
hearing, the council shall determine:
(a) Whether a change of use or vacation of the described portion will better serve the
public good; or
(b) Whether the street, alley or portion thereof is no longer required for public use; or
(c) Whether the use thereof as a public way is of such public benefit as not to justify
the cost of maintenance; or
(d) Whether the substitution of a new or different thoroughfare would be more useful
to the public; or
(e) Whether conditions may so change in the future as to provide a greater public use
or need than presently exists; or
(f) Whether objections to the proposed vacation are made by owners of private
property (exclusive of petitioners) abutting the same.
Section 17. Arlington Municipal Code Section 12.18.060 is amended to read as
follows:
12.18.060 Consideration by planning commission
The proposed street vacation shall be referred to the city planning commission for their
review and consideration. The planning commission shall report to the city council any
recommendations, findings or advice it may have regarding the proposed street vacation.
.
Section 18. Arlington Municipal Code Section 12.18.070 is amended to read as
follows:
12.18.070 Staff report
The city staff shall prepare a staff report concerning the proposed vacation. The staff
report shall contain the following information:
.
(a) Information on how and when the street sought to be vacated became a public street;
(b) Whether or not utilities exist in the street and whether such street may reasonably be
necessary in the future for utility purposes;
(c) Whether or not and in what respect the public may be benefitted or harmed by the
vacation;
(d) Whether or not the street has been opened or constructed, and what effect the
vacation may have on property served or which might be served in the future by the
vacated street;
(e) Information on the appraised value of the street, if such information is available;
(f) Any recommendations of city staff concerning the desirability of retaining an
easement or any interest in the property sought to be vacated for the purpose of the
construction, repair and maintenance of public utilities and services; and
(g) Any other information deemed by city staff to be appropriate for consideration by
the city council.
Ordinance No. 2010-xxx 10
Section 19. Arlington Municipal Code Section 12.18.080 is amended to read as
follows:
12.18.080 Compensation for street vacation
At the time of adopting the resolution for a public hearing, the city council may require
the petitioner to obtain, at petitioner's expense, an appraisal by an appraiser acceptable to
the city as a condition of proceeding with the street vacation. The city council may
condition the street vacation upon the payment of compensation by the petitioners within
a fixed period of. The city council may, when deemed appropriate, waive the right to
compensation. Any compensation which the council may require shall be consistent with
RCW 35.79.030.
.
Section 20. Arlington Municipal Code Section 12.20.010 is amended to read as
follows:
12.20.010 Definitions
Unless the context clearly indicates otherwise, the words used in this chapter shall have
the meanings given in this section.
.
(a) "Abutting property" includes all property having a frontage abutting any street or
other public place or right-of-way.
(b) “Maintenance” or “maintain” means the removal and disposal of debris, litter, and
vegetation which tends to impair the utilization of the right-of-way for public
purposes and the removal of ice and snow from sidewalks.
(c) “Planting strip” means that portion of the right-of-way between the outside of the
curb and the outside of the sidewalk.
(d) “Reconstruction” means the removal and disposal of broken, cracked, raised or
sunken portions of the sidewalk, or broken, cracked or dislodged portions of
retaining walls and rockeries lying within the right-of-way, and replacement of
the removed sections with materials to match the portion on either side of the
removed section in accordance with city standards. Any repair exceeding one
hundred fifty (150) square inches in area shall be classified as reconstruction.
(e) “Repair” means the removal and/or patching of small damaged portions of
sidewalks, retaining walls, or rockeries lying within the right-of-way, and planting
strips and transition strips with like materials not exceeding one hundred fifty
(150) square inches in area.
(f) "Sidewalk" means all pedestrian structures or forms of improvement for
pedestrians included in the space between the street margin, as defined by a curb
on the edge of the traveled road surface, and the line where the public right-of-
way meets the abutting property.
(g) "Street" includes boulevard, avenue, street, alley, drive, way, lane, square, or
place.
(h) “Transition strip” means that portion of the right-of-way between the outside of
the curb and the property line; or where no curb or sidewalk exists, that portion of
the right-of-way between the edge of the roadside ditch or the shoulder of the
Ordinance No. 2010-xxx 11
road, whichever is closer to the abutting property line, and the abutting property
line.
Section 21. Arlington Municipal Code Section 12.20.020 is amended to read as
follows:
12.20.020 Property owner's responsibility
It shall be the responsibility of the property owner abutting upon a public sidewalk to
maintain said sidewalk at all times in a safe condition, free of any and all obstructions or
defects, including but not limited to ice and snow, gravel, vegetation and any other
debris.
.
Section 22. Arlington Municipal Code Section 12.20.030 is amended to read as
follows:
12.20.030 Liability and expenses
Except as otherwise provided in this chapter or the common law, the burden and expense
of maintaining and repairing sidewalks along the side of any street or other public place
shall devolve upon and be borne by the property directly abutting thereon. In the case
where any injury or damage to any person shall be caused by the defective condition of
any sidewalk resulting from actions of the abutting property owner, the abutting property
where the injury or damage occurs, and the owner thereof, shall be liable to any person
for the injuries and damage to such person, and to the city for all damage, injuries, costs,
and disbursements which the city may be required to pay to the person injured or
damaged. The burden and expense of maintaining sidewalks insofar as utility meter
boxes, street signposts and any other structures placed in or on the sidewalks area by the
city in connection with city utilities and street signs or signals shall be upon the city.
.
Section 23. Arlington Municipal Code Section 12.20.040 is repealed in its entirety.
Section 24. Arlington Municipal Code Section 12.20.050 is repealed in its entirety.
Section 25. Arlington Municipal Code Section 12.20.060 is repealed in its entirety.
Section 26. Arlington Municipal Code Section 12.20.070 is repealed in its entirety.
Section 27. Arlington Municipal Code Section 12.20.080 is repealed in its entirety.
Section 28. Arlington Municipal Code Section 12.20.090 is repealed in its entirety.
Section 29. Arlington Municipal Code Section 12.20.100 is repealed in its entirety.
Section 30. Arlington Municipal Code Section 12.20.110 is repealed in its entirety.
Section 31. Arlington Municipal Code Section 12.24.010 is amended to read as
follows:
Ordinance No. 2010-xxx 12
12.24.010 Obstructions prohibited-- Exemptions
Except as is otherwise in this section or chapter permitted, all obstructions or structures,
of any kind or character, placed, maintained or erected upon the streets, sidewalks, curbs,
gutters or parking strips of the city are unlawful and are a public nuisance, and the Public
Works Director and the Chief of Police are authorized and directed to cause the same to
be removed; provided, however, that this section shall not apply to fire hydrants, coin-
operated newspaper vending boxes, public telephone booths, public benches, publicly
owned sidewalk trash containers, public transportation shelters for riders, ornamental
trees in parking strips, planters or planter boxes when part of any approved public
program of beautification, utility poles or natural gas service facilities placed under the
terms of franchises given by the city or which are permitted under state law, street and
traffic-control signs and posts therefor, all of which shall not be considered as such
obstructions or structures and shall not be subject to removal hereunder; provided,
further, that any person, firm or corporation using a sidewalk, curb, gutter or parking strip
for said purposes shall be liable for and shall indemnify and hold harmless the city and its
officers and employees, while acting as such, from any and all actions or causes of action,
claims, demands, liabilities, loss, damage or expense of whatsoever kind or nature,
including costs of defense of all legal actions thereunder, which may arise by reason or in
consequence of said use of public property.
.
Section 32. Arlington Municipal Code Section 12.24.020 is amended to read as
follows:
12.24.020 Removal of obstructions required
All of the obstructions or structures declared to be unlawful or nuisances by Section
12.24.010 shall be removed, and hereafter it is unlawful for any person, firm or
corporation to maintain, erect or place such obstructions or structures on the streets,
sidewalks, curbs, gutters or parking strips in the city.
.
Section 33. Arlington Municipal Code Section 12.24.030 is amended to read as
follows:
12.24.030 Unlawful to place certain items in rights-of-way without a permit
It is unlawful for any person, firm or corporation to have, to display, to permit to exist, or
to place any goods, wares or merchandise, including but not limited to landscape or
building materials, or articles or structures for holding the same, whether for purposes of
sale or otherwise, on or above any sidewalk, curb, gutter or parking strip within the city
unless a Special Event Permit to do so shall have first been issued as provided in Chapter
5.44 and unless said Special Event Permit is in full force and effect.
.
Section 34. Arlington Municipal Code Section 12.24.040 is repealed in its entirety.
Section 35. Arlington Municipal Code Section 12.24.060 is amended to read as
follows:
Ordinance No. 2010-xxx 13
12.24.060 Exemptions--Merchandise fairs
The provisions of this chapter shall not be construed so as to prohibit the holding of an
annual merchandise fair or periodic merchandise fairs upon the streets and sidewalks of
the city in connection with organized merchant promotional activity, provided that such
fairs shall be held only after issuance of a Special Event Permit secured as provided in
Chapter 5.44.
.
Section 36. Arlington Municipal Code Section 12.24.070 is amended to read as
follows:
12.24.070 Violation--Penalty
Any person, firm or corporation violating any of the provisions of or failing to comply
with any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any
person, firm or corporation convicted of a misdemeanor under this chapter shall be
punished by a fine not to exceed one hundred dollars.
.
Section 37. Arlington Municipal Code Section 12.32.020 is amended to read as
follows:
12.32.020 Definitions
As used in this chapter, the terms listed below shall be defined as follows:
.
(a) "Cost of construction" means those costs (excluding interest charges or other
financing costs) incurred for design, acquisition of right-of-way and/or easements,
construction, materials and installation required in order to create an improvement
that complies with city standards.
(b) "Engineer" means the City Engineer or his or her designee.
(c) "Recoverable costs" means a fair pro rata share of the cost of construction of
street projects that exceeds the requirements of city code or adopted city
standards.
(d) "Reimbursement agreement" means a written contract between the city and one or
more parties providing both for construction of street projects and for
reimbursement to the party or parties constructing the projects for part of the costs
of the projects by owners of property benefited by the improvements.
(e) "Street projects" shall have the meaning specified in RCW 35.72.020 as it now
reads, or as hereafter amended and includes the following activities that are
subject to reimbursement: design, grading, paving, installation of curbs, gutters,
storm drainage, sidewalks, street lighting, traffic controls, and other similar
improvements, as required by the City.
Section 38. Arlington Municipal Code Section 12.32.040 is amended to read as
follows:
12.32.040 Minimum project size
To be eligible for a reimbursement agreement, the estimated recoverable cost of the
proposed improvement must be not less than twenty-five thousand dollars. The estimated
recoverable costs of the improvement shall be determined by the engineer, based upon a
.
Ordinance No. 2010-xxx 14
construction contract for the project, bids, engineering or architectural estimates or other
information deemed by the engineer to be a reliable basis for estimating costs. The
determination of the engineer shall be final.
Section 39. Arlington Municipal Code Section 12.32.050 is amended to read as
follows:
12.32.050 Application--Contents
Every application for the establishment of an assessment reimbursement area shall be
accompanied by the application fee specified in Section 12.32.130 of this code and shall
include the following items:
.
(a) Detailed construction plans and drawings of the entire street project, the costs of
which are to be borne by the assessment reimbursement area, prepared and stamped by a
licensed engineer;
(b) Itemization of all costs of the street project including, but not limited to, design,
grading, paving, installation of curbs, gutters, sidewalks, street lights, engineering,
construction, property acquisition and contract administration;
(c) A map and legal description identifying the proposed boundaries of the assessment
reimbursement area and each separately owned parcel within the area. Such map shall
identify the location of the street project in relation to the parcels of property in such area;
(d) A proposed assessment reimbursement roll prepared by a qualified MAI certified
appraiser stating the proposed assessment for each separate parcel of property within the
proposed assessment reimbursement area as determined by apportioning the total project
cost on the basis of the benefit of the project to each parcel of property within said area;
(e) A complete list of owners of record of property within the proposed assessment
reimbursement area certified as complete and accurate by the applicant and which states
names and mailing addresses for each such owner;
(f) Envelopes addressed to each of the record owners of property at the address shown
on the tax rolls of the county treasurer within the proposed assessment reimbursement
area. The cost of proper postage for certified mail shall be the responsibility of the
applicant;
(g) Copies of executed deeds and/or easements in which the applicant is the grantee for
all property necessary for the installation of such street project; and
(h) Such other information determined by the City as necessary to properly review the
application.
Section 40. Arlington Municipal Code Section 12.32.080 is amended to read as
follows:
12.32.080 Determination of reimbursement area boundary and reimbursement
amount
The city council shall define the reimbursement area for all approved applications based
upon a determination of which parcels did not contribute to the original cost of the street
projects for which the reimbursement agreement applies and which are not required to
install street improvements as a result of the installation of the street projects by the
owner. A method for determining the reimbursement amount shall be established so that
.
Ordinance No. 2010-xxx 15
each property will pay a share of the recoverable costs of the improvements, which is
proportional to the benefits that accrue to the property.
Section 41. Arlington Municipal Code Section 12.32.140 is amended to read as
follows:
12.32.140 Construction and acceptance of improvements--Recording of final
amounts
(a) After the reimbursement agreement has been recorded and all necessary permits and
approvals have been obtained, the applicant shall construct the improvements and, upon
completion, request final inspection and acceptance of the improvements by the city,
subject to any required obligation to repair defects. An appropriate bill of sale, easement
and any other document needed to convey the improvements to the city and to ensure
right of access for maintenance and replacement shall be provided, along with
documentation of the actual costs of the improvements and a certification by the
applicant that all of such costs have been paid, all of which shall be in a form acceptable
to the City, before any reimbursement shall be paid to the applicant.
.
(b) In the event that actual recoverable costs are less than the estimate used in
calculating the estimated fees by ten percent or more, the engineer shall recalculate the
reimbursement amounts reducing them accordingly and shall cause a revised list of
reimbursement amounts to be recorded with the county auditor. In the event the actual
recoverable costs exceed the estimate used in calculating the estimated fees, the recovery
shall be based on the estimated used.
Section 42. Arlington Municipal Code Section 12.32.150 is amended to read as
follows:
12.32.150 Collection of reimbursement fees--No liability for failure to collect
(a) Subsequent to the recording of a reimbursement agreement, the city shall not permit
connection of any property within the reimbursement area to any street project
constructed pursuant to the reimbursement agreement, unless the share of the costs of
such facilities required by the recorded agreement is first paid to the city.
.
(b) Upon receipt of any reimbursement amounts, the city shall deduct a six percent
administrative fee and remit the balance of the reimbursement amounts to the party
entitled to the fees pursuant to the reimbursement agreement. In the event that through
error, the city fails to collect a required reimbursement amount prior to approval of
connection to a street project, the city shall make diligent efforts to collect such amount,
but shall under no circumstances be obligated to make payment to the party entitled to
reimbursement, or in any other way be liable to such party, unless such reimbursement
amount has actually been paid to the city.
Section 43. Arlington Municipal Code Section 12.32.160 is amended to read as
follows:
12.32.160 Disposition of undeliverable reimbursement amounts.
Ordinance No. 2010-xxx 16
In the event that, after reasonable effort, the party to which reimbursement amounts are to
be paid pursuant to a reimbursement agreement cannot be located, and upon the
expiration of one hundred eighty days from the date the reimbursement amounts were
collected by the city, the reimbursement amounts shall become the property of the city
and shall be revenue to the city transportation improvement fund.
Section 44. Arlington Municipal Code Section 12.32.170 is amended to read as
follows:
12.32.170 City financing of improvement projects
As an alternative to financing projects under this chapter solely by owners of real estate,
the city may finance or join in the financing of an improvement project and may be
reimbursed in the same manner as the owners of real estate who participate in the project,
upon the passage of an ordinance specifying the conditions of the city's participation in
such project. The city shall be reimbursed only for the costs of improvements that benefit
that portion of the public who will use the improvements within the established
assessment reimbursement area.
.
Section 45. Arlington Municipal Code Section 12.40.010 is amended to read as
follows:
12.40.010 Short Title
This chapter is known as the Right-of-Way use code.
.
Section 46. Arlington Municipal Code Section 12.40.020 is amended to read as
follows:
12.40.020 Purpose
It is the purpose of this code to provide for the issuance of right-of-way use permits in
order to regulate activities within the public rights-of-way in the city of Arlington in the
interest of public health, safety and welfare; and to provide for the fees, charges,
warranties, and procedures required to administer the permit process.
.
Section 47. Arlington Municipal Code Section 12.40.030 is amended to read as
follows:
12.40.030 Territorial Application
This code and the procedures adopted hereunder shall be in effect throughout the city of
Arlington.
.
Section 48. Arlington Municipal Code Section 12.40.040 is amended to read as
follows:
12.40.040 Intent
(a) This code is enacted to protect and preserve the public health, safety, and welfare. Its
provisions shall be liberally construed for the accomplishment of these purposes.
.
Ordinance No. 2010-xxx 17
(b) The purpose of this code and any procedures adopted hereunder shall not create or
otherwise establish or designate any particular class or group of persons who will or
should be especially protected or benefited by the terms of this code or any procedures
adopted hereunder.
(c) It is the specific intent of this code and any procedures adopted hereunder to place the
obligation of complying with the requirements of this code upon the permittee, and no
provision is intended to impose any duty upon the city of Arlington, or any of its officers,
employees, or agents. Nothing contained in this code or any procedures adopted
hereunder are intended to be or shall be construed to create or form the basis of liability
on the part of the city or Arlington, its officers, employees or agents, for any injury or
damage resulting from the failure of the permittee to comply with the provisions of this
chapter, by reason or in consequence of any act or omission in connection with the
implementation or enforcement of this code or any procedures adopted hereunder by the
City of Arlington, its officers, employees or agents.
Section 49. Arlington Municipal Code Section 12.40.050 is amended to read as
follows:
12.40.050 Definitions
The following words and phrases when used in this chapter shall have the following
meanings unless the context clearly indicates otherwise:
.
(a) "Applicant" means any person making application for a permit for construction or
excavation work, pursuant to the terms of this chapter.
(b) “Citation and notice” means a written document initiating a criminal proceeding
after an arrest and issued by an authorized peace officer, in accordance with state
law.
(c) "City" means the city of Arlington.
(d) "City council" or "council" means the city council of the city of Arlington.
(e) “City inspector” means the designated employee(s) of the department responsible
for inspecting the installation of warning and safety devices and any
improvements in the public right-of-way and restoration of public rights-of-way
disturbed by work.
(f) “Construction” or “excavation” means the act of opening, excavating, boring, or
in any manner disturbing or breaking the surface, subsurface, or foundation of any
right-of-way; the establishment or alteration of any established grade or street;
and the maintenance or removal of sidewalk, pavement, sewers, water mains,
street lighting other utilities, or appurtenances thereto.
(g) “Department” means the Public Works department or other department
designated by the Mayor.
(h) “Director” means the director of Public Works or his/her designee.
(i) “Emergency” means a condition of imminent danger to the health, safety and
welfare of property or persons located within the city including, but not limited to,
damage to persons or property from natural or manmade consequences, such as
storms, earthquakes, riots, or wars.
(j) “Engineering Standards” means the most recent adopted edition of the City of
Arlington Design and Construction Standards and Specifications manual.
Ordinance No. 2010-xxx 18
(k) “Franchised utilities” means utilities that have city or state approval to use city
rights-of-way for the purpose of providing their services within the city, whether
by written franchise granted by the city, state or otherwise.
(l) “Nonprofit” means not for a monetary gain unless for charitable purposes.
(m) “Notice of Violation” means a document mailed to a permittee or unauthorized
user and posted at the site of a non-conforming or unsafe condition.
(n) “Oral directive” means a directive given orally by city personnel to correct or
discontinue a specific condition.
(o) “Permit” means a document issued by the city granting permission to engage in
an activity not allowed without a permit.
(p) “Permit Center” means the City’s central location for applying for permits.
(q) "Permittee" means any person holding a permit from the city for the performance
of any construction or excavation work within a right-of-way of the city.
(r) “Person” means and includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability companies, and
individuals and includes their lessors, trustees and receivers.
(s) “Private Use” means use of the public right-of-way for the benefit of a person,
partnership, group, organization, company, or corporation, other than as a
thoroughfare for any type of vehicles, pedestrians, or equestrians.
(t) “Procedure” means a process adopted by the director to implement this code, or to
carry out other responsibilities as may be required by this code or by other codes,
ordinances, or resolutions of the city or other agencies.
(u) “Right-of-Way “ or “ROW” means all public streets and property granted or
reserved for, or dedicated to , public use for street purposes, together with public
property granted or reserved for, or dedicated to, public use for walkways,
sidewalks, bikeways and horse trails, whether improved or unimproved, including
the air rights, sub-surface rights, and easements related thereto.
(v) “Sidewalk” means all pedestrian structures or forms of improvement for
pedestrians included in the space between the street margin, as defined by a curb
on the edge of the traveled road surface, and the line where the public right-of-
way meets the abutting property.
(w) “Street” includes boulevard, avenue, street, alley, drive, way, lane, square, place,
or circle.
(x) “Stop Work Notice” means a notice posted at the site of activity that requires all
work to be stopped until the city approves continuation of work.
(y) “Telecommunications carrier” means every person that directly or indirectly
owns, controls, operates, or manages plant, equipment, or property within the city,
used or to be used for the purpose of offering and providing telecommunications
services.
(z) “Telecommunications facilities” means the plant, equipment, and property,
including but not limited to cables, wires, conduits, ducts, pedestals, antennas,
(aa) “Telecommunications provider” means every person who provides
telecommunications services over telecommunications facilities without any
ownership or management control of the facilities.
(bb) “Telecommunications service(s)” means the providing or offering for rent,
sale, or lease, or in exchange for other value received, of the transmittal of voice,
Ordinance No. 2010-xxx 19
data, image, graphic, and video programming information between or among
points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar
facilities, with our without benefit of any closed transmission medium.
(cc) “Underground location service” means the underground utilities location
center that will locate all underground utilities prior to an excavation. The
permittee shall call the regional utility locating company (1-800-424-5555) prior
to commencing work to establish the location of all underground utilities, and
protect the same against damages, in accordance with the provisions of this
chapter.
(dd) “Unsafe condition” means any condition which the director determines is
a hazard to health, or endangers the safe use of the right-of-way by the public, or
does or may impair or impede the operation or functioning of any portion of the
right-of-way, or which may cause damage thereto.
(ee) "Work" means any construction or excavation within a right-of-way of the
city.
Section 50. Arlington Municipal Code Section 12.40.060 is amended to read as
follows:
12.40.060 Authority of the City
The City, by and through its director, shall have the authority to:
.
(a) Develop, adopt and carry out and administer the provisions of this chapter
including but not limited to, interpreting the chapter and issuing rules necessary
for its administration. The director may correct errors and omissions and is
authorized to adjust the amount of fees required by this code to be proportional to
the scope of the work for which the permit is required.
(b) Administer and coordinate the enforcement of this chapter and all procedures
adopted hereunder relating to the use of rights-of-way.
(c) Request the assistance of other city departments to administer and enforce this
chapter.
(d) Prepare and update as needed, the City’s Engineering Standards to establish
minimum requirements for the design and construction of the public right-of-way.
The Engineering Standards shall be consistent with this chapter and adopted city
policies.
(e) Administer and enforce this chapter and all procedures relating to the planning,
acquisition, design, construction, inspection, maintenance, management, operation
and alteration of the public right-of-way, including capital improvements.
(f) Advise the city council, mayor, city administrator and other city departments and
commissions on matters relating to the public right-of-way.
(g) Carry out other responsibilities as required by this chapter or other city codes,
ordinances or regulations consistent with the Arlington Comprehensive Plan.
Section 51. Arlington Municipal Code Section 12.40.070 is amended to read as
follows:
12.40.070 Right-of-Way Permit Required.
Ordinance No. 2010-xxx 20
It is unlawful for any person to:
(a) perform any work in a city right-of-way without first having obtained a right-of-
way permit from the city, or
(b) perform any work not in compliance with all provisions in the Engineering
Standards and with all issued permits.
Section 52. Arlington Municipal Code Section 12.40.080 is amended to read as
follows:
12.40.080 Permit Application
(a) To obtain a right-of-way use permit, the applicant shall file an application with the
Engineering Division or other department designated by the director.
.
(b) Every application shall include the location of the proposed right-of-way use, a
description of the use, the planned duration of the use, applicant contact information, and
all other information which may be required as specified in procedures adopted
hereunder, and shall be accompanied by payment of the required fees.
(c) The director or his/her designee shall examine each application submitted for review
and approval to determine if it complies with the applicable provisions of this code and
procedures adopted hereunder. Other departments that have authority over the proposed
use activity will be required to review and approve or disapprove the application. The
director or his/her designee may inspect the right-of-way proposed for use to determine
any facts which may aid in determining whether a permit should be granted.
(d) If the director or designee finds that the application conforms to the requirements of
this code and procedures adopted hereunder, that the proposed use of such right-of-way
will not unduly interfere with the rights and safety of the public, and if the application has
not been disapproved by a department with authority, he/she may approve the permit, and
may impose such conditions thereon as are reasonably necessary to protect the public
health, welfare and safety and to mitigate any impacts resulting from the use.
(e) All applications for permits will be submitted 15 calendar days or more before the
planned need for the permit. If unforeseen conditions require expedited processing, the
city will attempt to facilitate as expedited review. Any costs to the city for this expedited
review may be charged to the applicant.
(f) Upon submittal of a completed application, the city shall collect from the applicant an
application fee as listed in the City’s fee resolution.
(g) If an application is denied, the applicant may appeal the denial by the public works
director to the Hearing Examiner. The city council shall review the application, to
ascertain that the denial is based upon nonconformance of the application with the terms
of this chapter, and/or a determination that the proposed work will interfere with the
rights of the public in the right-of-way.
Section 53. Arlington Municipal Code Section 12.40.090 is amended to read as
follows:
12.40.090 Permit Limitation
No right-of-way permit shall be issued, other than to a licensed and bonded contractor of
the state of Washington.
.
Ordinance No. 2010-xxx 21
Section 54. Arlington Municipal Code Section 12.40.100 is amended to read as
follows:
12.40.100 Permit-Exceptions
The following work shall not require a permit:
.
(a) A right-of-way use permit shall not be required of utilities or franchised utilities
when responding to emergencies that require work in the right-of-way, such as water or
sewer main breaks, gas leaks, downed power lines or similar emergencies; provided,
however, that the department shall be notified by the responding utility or city contractor
verbally or in writing, as soon as practicable following the onset of the emergency.
Nothing herein shall relieve a responding utility or city contractor from the requirement
to apply for a right-of-way use permit within forty-eight (48) hours after beginning
emergency work in the right-of-way.
(b) Any work performed by or under the direction of the public works director of the city,
including work performed by employees of the city or any person contracting with the
city;
(c) Any initial construction work within the right-of-way of a plat or subdivision for
which the council has given approval.
Section 55. Arlington Municipal Code Section 12.40.110 is amended to read as
follows:
12.40.110 Permit Fees, Costs, and Reimbursement
(a) Application and Processing Fee. A nonrefundable application and processing fee shall
be charged for each right-of-way use permit application that is accepted for
processing.
.
(b) Reimbursement of Actual Expenses. When a permit is issued, the city may impose a
charge based on the actual cost to compensate for its time and expenses. These costs
may include street crews, signal crews, police and other city crews, if required to
assist in the activity. A refundable deposit or other security device may also be
required. Costs of damage to city property, or expense of assistance by city
employees, may be deducted from the deposit, charged against the security device, or
billed to the permittee directly.
(c) Repair and Replacement Charges. If the city should incur any costs in repairing or
replacing any property as the result of the permittee's actions, the costs of repair and
replacement shall be charged to the permittee. These charges will be for the actual
costs to the city.
(d) Liability for damage to streets.
1. The permittee will be responsible for all damage of any kind to the sidewalks,
streets, or highways of the city as a result of performance of work under the
terms of the permit granted pursuant to this chapter, including damage done
by mobile equipment required to be present at the site.
2. All damage shall be repaired by the permittee in accordance with the
Engineering Standards and to the approval of the city.
Ordinance No. 2010-xxx 22
3. If, upon being ordered to repair damage, the permittee fails to furnish the
necessary labor and materials for the repairs, the city shall have the authority
to cause such labor and materials to be furnished by the city and the cost shall
be charged against the permittee.
(e) Excess Inspection Costs. The city may incur extra costs of inspection for certain
permits that require more than the usual number of inspections. These costs may be
incurred because of situations related to observed quality of work, traffic problems,
schedule problems, or the cooperation of the permittee. Excess inspection fees will be
charged based on the hourly rate as specified by the city’s fee resolution.
(f) Waiver of Fees. Franchised utilities shall apply for permits for all city-initiated
construction projects and may be granted a waiver of normal permit fees by the
director. This provision shall only apply to work that would not normally have been
done by the franchised utility.
Section 56. Arlington Municipal Code Section 12.40.120 is amended to read as
follows:
12.40.120 Permit Form
(a) The city shall provide each permittee with a written permit.
.
(b) It shall be the duty of the permittee hereunder to keep the permit posted in a
conspicuous place at the site of the work.
(c) It is unlawful for any person to exhibit such permit at or about any excavation not
covered by such permit, or to misrepresent the number of the permit, or the date of the
expiration of the permit.
Section 57. Arlington Municipal Code Section 12.40.130 is amended to read as
follows:
12.40.130 Construction or modifications to the public right-of-way
(a) General. When constructing or modifying the city’s right-of-way, compliance is
required with this code, Engineering Standards, Standard Specifications for Road, Bridge
and Municipal Construction issued by the Washington State Chapter of the American
Public Works Association and Department of Transportation, (current edition), the
approved permit, plans and specifications, the terms of any extension agreements, the
recommendations of the manufacturer of the materials or equipment used and any
applicable local, state or federal requirements.
.
(b) Failure to Complete Work or Meet Requirements.
(1) If the contractor or person doing the work fails to rectify any problems
following notification by the city; and the work, in the opinion of the city,
constitutes a hazard to public safety, health or the public right-of-way, then the
city may complete right-of-way construction.
(2) The city may complete right-of-way construction begun by a permittee,
property owner or contractor, or take steps to restore the site (such as backfilling
trenches and restoring the public right-of-way) if the work does not meet the
requirements of this code, the Engineering Standards, and other applicable city
requirements.
Ordinance No. 2010-xxx 23
(3) Costs incurred pursuant to AMC 12.40.110(c) shall be accrued and charged to
the responsible parties which may be the permittee, owner or contractor in charge
of such work. The responsible parties shall pay the city immediately after written
notification is delivered to the responsible parties or posted at the location of the
work. Such costs shall constitute a civil debt owing to the city jointly and
severally by such persons who have been given notice as herein provided. The
debt shall be collectable in the same manner as any other civil debt owing the city.
(4) If, in the opinion of the director, the work being performed is not in
accordance with these codes or engineering standards and the permittee is
unwilling to change or correct the deficiencies, the director may issue a stop work
order until the deficiencies are corrected.
(c) Additional Right-of-Way Construction Requirements.
(1) The right-of-way permit shall be readily available at the job site at all times.
No inspections will be completed if the permit is not available.
(2) In the interest of public safety, the director may require the permittee to
perform the work at different times of day, with larger crews, or for longer hours
than would normally be required. The permittee shall not hold the city responsible
for any extra costs that may be incurred to these circumstances.
(d) Adjoining property protection requirements.
(1) The permittee, at all times, at their expense, preserve and protect from injury
any public or private property adjoining the location of the work, by taking all
necessary measures for such purposes.
(2) If it is necessary for the proper performance of the work that adjoining
property be entered, the permittee shall obtain a license, construction easement, or
other written permission from the owner of such property for such purposes. Such
license or permission shall be presented to the director, as a portion of the
application for the permit, and the director shall not issue a permit until such time
as all necessary licenses have been obtained and presented.
(e) Utility facilities protection requirements.
(1) Permittee shall not interfere with any existing utilities without the written
consent of the utility company or person owning the utility.
(2) The permittee shall call the regional utility locating company (1-800-424-
5555), prior to commencing work to establish the location of all underground
utilities, and protect the same against damages, in accordance with the provisions
of this chapter.
(f) Preservation of monuments. The permittee shall not disturb any survey monuments or
markers found in the line of excavation work until authorized to do so by the director. All
street monuments, property corners, bench marks and other monuments disturbed during
the progress of the work shall be replaced by a licensed surveyor, at the expense of the
permittee, to the satisfaction of the director or his/her designee.
Section 58. Arlington Municipal Code Section 12.40.140 is amended to read as
follows:
12.40.140 Utility Relocation.
Ordinance No. 2010-xxx 24
Whenever the city undertakes or approves the construction of any sewer, water, or storm
drainage system improvement (eight-inch line, inside diameter or larger) or other street
improvement project including, but not limited to: installation of traffic signals, street
lights, I-NET system, sidewalks and pedestrian amenities, wherein the facility so
constructed or approved is or shall become, by gift, transfer, dedication or otherwise, a
public facility owned, maintained or operated by the city, and such project necessitates
the relocation of any utility company’s then existing facilities, the city shall:
(a) Provide such utility company written notice requiring such relocation at least
ninety (90) days prior to the commencement of such improvement project; and
(b) Provide such utility company with copies of pertinent portions of the plans and
specifications for such street improvement project so that such utility company
may relocate its facilities to accommodate such improvement project.
Section 59. Arlington Municipal Code Section 12.40.150 is amended to read as
follows:
12.40.150 Shared Use of Excavations
If at any time, a utility company submits a permit request to excavate for installation of
its facilities, the city may request in writing that such utility company provide an
opportunity to install city facilities within the excavation; provided, that:
.
(a) Joint use shall not unreasonably delay the work of the utility company’s
excavation; and
(b) Joint use is not prohibited by other state codes or by sound engineering practice;
and
(c) Joint use shall be arranged and accomplished on terms and conditions satisfactory
to both parties; and
(d) To the extent reasonably possible, the utility company shall, at the direction of the
city, cooperate with the city and provide other private utility companies with the
opportunity to utilize joint or shared excavations in order to minimize disruption
and damage to the right-of-way as well as to minimize traffic-related impacts. In
the event the city directs a utility company to utilize joint or shared excavations
with another utility company, then such utility company shall install facilities
supplied by the city in such utility company agrees that there is a commensurate
cost savings to them.
Section 60. Arlington Municipal Code Section 12.40.160 is amended to read as
follows:
12.40.160 Debris and spilled loads in the right-of-way
(a) Whenever it is necessary for the safety of the public, the city may remove any
obstructions, hazards or nuisances from rights-of-way; and anyone causing the
obstructions, hazards or nuisances shall be responsible for reimbursing the city for the
expense of such removal.
.
(b) The owner or operator of any vehicle which has spilled, dropped, dumped, or in any
manner whatsoever deposited any matter upon the right-of-way shall cause the right-
of-way to be cleaned to the satisfaction of the city. Upon failure to do so the city may
Ordinance No. 2010-xxx 25
cause to have cleaned the right-of-way and the costs thereof shall be charged to the
person(s) responsible. The city has the authority to designate haul routes and time of
day for operations involving hauling over public rights-of-way.
(c) Earth-hauling contractors, builders, or anyone else utilizing vehicles upon rights-of-
way shall provide persons or equipment to keep the right-of-way clean at all times to
the satisfaction of the city. Upon failure to do so, the city may issue an immediate
stop work order, revoke city permits, and the responsible person(s) may be directed to
immediately clean the right-of-way to the satisfaction of the city. The city may also
cause to have the right-of-way cleaned and charge the costs thereof to the responsible
person(s).
Section 61. Arlington Municipal Code Section 12.40.170 is amended to read as
follows:
12.40.170 Traffic routing and safety
(a) Warning lights, safety devices, signs and barricades shall be provided on all rights-
of-way any time there might be an obstruction or hazard to vehicular or pedestrian traffic.
All obstructions on rights-of-way shall have sufficient barricades and signs posted in such
manner as to indicate plainly the danger involved. Warning and safety devices may be
removed when the work for which the right-of-way use permit has been granted is
complete and the right-of-way restored to the conditions directed by the department.
.
(b) As a condition of the issuance of any right-of-way use permit, a traffic detour plan
showing the proposed detour routing and location and type of warning lights, safety
devices, signs and barricades intended to protect vehicular or pedestrian traffic at the site
for which the right-of-way use permit may be requested.
(c) The current editions of the following standards or manuals shall apply to the
selection, location and installation of required warning and safety devices; provided that,
the director or designee may impose additional requirements if site conditions warrant
such enhanced protection of pedestrian or vehicular traffic:
(1) Manual of Uniform Traffic Control Devices for Streets and Highways;
(2)Engineering Standards;
(3) International Building Code regulations.
(d) Any right-of-way use permit that requires a partial lane or street closure may require
a certified flagger, properly attired, or an off-duty police officer for the purpose of traffic
control during the construction. The use of police officers is mandatory for manual
control of traffic at signalized intersections.
(e) All decisions of the director or his/her designee shall be final in all matters
pertaining to the number, type, locations, installation, and maintenance of warning and
safety devices in the public right-of-way during any actual work or activity for which a
duly authorized right-of-way use permit has been issued.
(f) Any failure of a permit holder to comply with the oral or written directives of the
director or his/her designee related to the number, type, location, installation or
maintenance of warning and safety devices in the public right-of-way shall be cause for
correction or revocation of the right-of-way use permit as provided in this chapter.
Ordinance No. 2010-xxx 26
Section 62. Arlington Municipal Code Section 12.40.180 is amended to read as
follows:
12.40.180 Inspections
(a) The public works director, or his/her designee, shall make such inspections as are
reasonably necessary in the enforcement of this chapter. As a condition of issuance of
any permit or authorization which requires approval of the department, each applicant
shall be required to consent to inspections by the public works department or any other
appropriate city department.
.
(b) Fees for more than two inspections shall be charged in accordance with the current
city fee resolution.
Section 63. Arlington Municipal Code Section 12.40.190 is amended to read as
follows:
12.40.190 Renewal of Permits
As indicated on the right-of-way use permit, each permit shall be issued for a specific
duration and may not be renewed. If continued use of the right-of-way is desired by the
permittee after expiration of a permit, they must apply for a new permit.
.
Section 64. Arlington Municipal Code Section 12.40.200 is amended to read as
follows:
12.40.200 Assurance Device
(a) If the director determines that there is a potential for injury, damage, or expense to
the city as a result of damage to persons or property arising from an applicant's proposed
use of any right-of-way, or as a result of the city's need to assure the adequate
performance of or maintenance to the repairs and restoration completed, the applicant
shall be required to make a cash deposit, or to provide an assurance device or insurance
in a form acceptable to the director or designee for the activities described in the subject
permit. The amount of the assurance device or insurance shall be determined by the
director or his or her designee, or as specified in the Engineering Standards.
.
(b) The requirement to provide an assurance device or insurance are based on
considerations of the applicant’s prior performance, nature of the proposed use, costs of
the activity, length of use, public safety, potential damage to right-of-way, and potential
liability or expense to the city.
(c) In each case where the city requires or allows an applicant to provide an assurance
device, the director shall determine the type of assurance device that will be used. The
assurance device may be an assignment of funds, certificate of deposit, performance
bond, or other readily accessible source of funds.
(d) If after the date by which the required work or improvements are to be completed
under a performance assurance device, the director determines that the conditions of the
permit have not been complied with, the director shall notify the applicant. The notice
must state:
(1) The work that must be done or the improvement that must comply with the
conditions of the permit and the assurance device; and
Ordinance No. 2010-xxx 27
(2) The amount of time that the applicant has to commence and complete the
required work or improvements; and
(3) That, if the work or improvements are not commenced and completed within
the time specified, the city will use the proceeds of the assurance device to have
the required work or improvements completed.
(e) If the work or improvements covered by the assurance device are not completed
within the time specified in the notice given under 12.40.200(d), then the city may obtain
the proceeds of the device and do the work or make the improvements, use procurement
procedures established by law, have a contractor do the work or make the improvements.
(f) If at any time the director determines that actions or inaction associated with any
permit for which an assurance device exists have created an emergency situation
endangering the public health, safety, or welfare, creating a potential liability for the city,
or endangering city streets, utilities, or property; and if the nature or timing of such an
emergency precludes the notification of applicants as provided in 12.40.200(d) while still
minimizing or avoiding the effects of the emergency, the city may use the assurance
device to correct the emergency situation. The city may have employees of the city do the
work or make the improvements, or may have a contractor do the work or make the
improvements. If the city uses the assurance device as provided by this section, the
applicant shall be notified in writing within four (4) days of the commencement of
emergency work. The notice must state the work that was completed and the nature or
timing of the emergency that necessitated the use of the surety device without prior
notification.
(g) The permittee is responsible for all costs incurred by the city in doing the work and
making the improvements covered by the assurance device. The city shall release or
refund any proceeds of a performance device remaining after subtracting all costs for
doing the work covered by the device. The permittee shall reimburse the city for any
amount expended by the city that exceeds the proceeds of the device. The city shall have
a claim against the permittee for the amount of any excess.
(h) In each case where the city uses any of the proceeds of the device, it shall give the
permittee an itemized statement of all proceeds and funds used.
Section 65. Arlington Municipal Code Section 12.40.210 is amended to read as
follows:
12.40.210 Hold harmless
As a condition of permit issuance, a permittee shall agree to defend, indemnify and hold
harmless the city, its officers, employees and agents, from and against any and all suits,
claims or liabilities arising out of or in any way connected with, the performance by the
permittee of any work within the rights-of-way of the city pursuant to the issued permit.
.
Section 66. A new section 12.40.220 is hereby added to Arlington Municipal Code
Chapter 12.40 to read as follows:
12.40.220 Limitation of liability
This chapter shall not be construed as imposing upon the city or any official or employee
any liability or responsibility for damages to any person injured with the performance of
.
Ordinance No. 2010-xxx 28
any work for which a permit has been issued. The city and its officials or employees shall
not be deemed to have assumed any liability or responsibility by reason of inspections
authorized hereunder, the issuance of any permit, or the approval of any work.
Section 67. A new section 12.40.230 is hereby added to Arlington Municipal Code
Chapter 12.40 to read as follows:
12.40.230 Appeal of right-of-way use procedures and related requirements
Any applicant who questions the specific department procedures, requirements or
directives related to the private use of the public right-of-way may request in writing that
the director grant relief from the requirement or grant an alternative interpretation of the
requirement. The director will decide upon such written requests within ten (10) working
days. Changes to requirements may be granted if they improve safety, reduce costs,
reduce schedule, or improve quality.
.
Section 68. A new section 12.40.240 is hereby added to Arlington Municipal Code
Chapter 12.40 to read as follows:
12.40.240 Violation-Penalty
(a) The violation of or failure to comply with any provision of this chapter is declared to
be unlawful.
.
(b) In addition to or as an alternative to any other penalty provided by this chapter or by
law, any person violating any provision of this chapter is guilty of a misdemeanor,
and shall be punished by a fine not to exceed five hundred dollars. Each day that a
violation continues shall constitute a separate offense.
Section 69. Arlington Municipal Code Section 12.44.020 is amended to read as
follows:
12.44.020 Definitions
Terms used within this chapter shall have the following meanings:
.
(a) "Arterial" means that term as now or hereafter designated on the city's transportation
classification systems as defined in the transportation element of the city's comprehensive
plan.
(b) "Hazardous cargo" means "hazardous materials," as defined in RCW 70.136.020(1),
as now or hereafter amended.
(c) "Residential area" means those areas defined as "residential district" in RCW
46.04.470, as now or hereafter amended.
(d) "Semi trailer" means that term as defined in RCW 46.04.530, as now or hereafter
amended.
(e) "Trailer" means that term as defined in RCW 46.04.620, as now or hereafter
amended.
(f) "Truck" means "motor truck," as defined in RCW 46.04.310, as now or hereafter
amended.
(g) "Truck tractor" means "tractor," as defined in RCW 46.04.650, as now or hereafter
amended.
Ordinance No. 2010-xxx 29
(h) "Vehicle" means that term as defined in RCW 46.04.670, as now or hereafter
amended.
(i) "Solid waste vehicle" means vehicles operated by or contracted to operate by the city
or Snohomish County for the purpose of collection of waste associated with the operation
of a solid waste utility.
(j) "Recreational vehicle" means those vehicles defined as a "camper," "motor home" or
"travel trailer" in RCW 46.04.085, RCW 46.04.305, and RCW 46.04.623 as now or
hereafter amended.
Section 70. Arlington Municipal Code Section 12.44.030 is amended to read as
follows:
12.44.030 Restrictions--Operation of trucks, truck tractors, truck-trailers or truck semi
trailer combinations
No truck, truck tractor, truck and trailer combination or truck tractor and semi trailer
combination, except recreational vehicles, shall operate on any city street other than an
authorized route under AMC 12.44.040, unless traveling to or from a destination within
the city limits of the city of Arlington.
.
Section 71. Arlington Municipal Code Section 12.44.040 is amended to read as
follows:
12.44.040 Authorized routes--Operation of trucks, truck tractors, truck-trailers or truck
semi trailer combinations
All trucks, truck tractors, truck and trailer combinations, truck tractor and semi trailer
combinations over eight feet in width, over thirty feet in length, or over thirty-two
thousand pounds licensed gross weight, and all vehicles transporting hazardous cargo,
shall be restricted to the state highway system or to one of the following authorized
routes while traveling to or from locations within the city; provided, when such locations
are not immediately adjacent to a state highway route or an authorized truck route,
vehicles described in this section shall use the shortest and most direct city arterial route
between the nearest highway route or authorized truck route and such departure location
or destination location, and such vehicles may not use city non-arterial streets except
when traveling directly between such locations and the nearest arterial highway or
authorized truck route:
.
Route 1: SR 9 within the corporate limits of Arlington.
Route 2: SR 531 (172nd Street NE) within the corporate limits of Arlington.
Route 3: SR 530 within the corporate limits of Arlington.
Route 4: Smokey Point Blvd. from south city limits to SR 530.
Route 5: 59th Avenue NE from south city limits to 195th Street NE.
Route 6: 195th Street NE from 59th Avenue NE to 63rd Avenue NE.
Route 7: 63rd Avenue NE from 197th Street NE to 188th Street NE.
Route 8: 197th Street NE from 63rd Avenue NE to 67th Avenue NE.
Route 9: 67th Avenue NE from south city limits to Lebanon Street.
Route 10: West Avenue from Lebanon Street to Division Street.
Route 11: Division Street from SR 9 to West Avenue.
Ordinance No. 2010-xxx 30
Route 12: 188th Street NE from Smokey Point Blvd. to 47th Avenue NE.
Route 13: 47th Avenue from 188th Street NE to 198th Street NE (Cemetery Road).
Route 14: 198th Street NE (Cemetery Road) from 47th Avenue NE to 67th Avenue NE.
Route 15: 204th Street from 67th Avenue NE to SR 9.
Route 16: 204th/209th Street Corridor from SR 9 to Stillaguamish Avenue (Burn Road).
Route 17: Stillaguamish Avenue (Burn Road) from 209th Street NE to city Limits.
Route 18: 51st Avenue NE from 172nd Street NE to southern city limits.
Route 19: 211th Place NE from SR 530 to 67th Avenue NE.
Section 72. A new Chapter 12.48 is hereby added to the Arlington Municipal Code, as
follows:
Chapter 12.48
SIDEWALK AND ROADSIDE MEMORIALS
12.48.010 Sidewalk and Roadside Memorials
12.48.010 Sidewalk and Roadside Memorials
Sidewalk and roadside memorials may remain within city rights-of-way for a period up to
90 days after the accident or event. After such time, the memorials will be removed by
the city public works department; provided, however, that such memorials may be
removed sooner if, in the judgment of the public works director or his/her designee, the
roadside or sidewalk memorials present an unsafe risk or if a planned road or sidewalk
project requires the removal of obstructions in the right-of-way.
.
Section 73. Severability
. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 74. Effective Date
. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 2010.
Ordinance No. 2010-xxx 31
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
1076 Franklin St. SE y Olympia, WA 98501-1346
(360) 753-4137 y Toll Free: 1-800-562-8981 y Fax: (360) 753-0149
w w w . a w c n e t . o r g
2010 Legislative Session Highlights
State Budget
The Legislature adjourned the special session at 1:10 am on April 13, approving a supplemental operating and
capital budget along with a revenue package that includes increased taxes on bottled water, soda, candy, gum,
cigarettes and mass-produced beer in order to fill a $2.8 B budget deficit.
The budget deficit was addressed by:
• Increasing revenue – $757 M
• Spending reductions – $840 M
• Increased federal funds – $633 M
• Use of other funds/transfers – $328 M
• Use of reserves – $256
The operating budget (ESSB 6444), approved by the Legislature on April 12 and delivered to the Governor for
her signature, is very good to cities in terms of direct allocations including current state-shared revenues. SST
mitigation, liquor profits and taxes, criminal justice assistance, public health funding, city-county assistance and
other local government programs were “fully funded”. However, a number of state health and human service
programs were cut and we expect significant indirect negative impacts on cities. Law enforcement officials and
many others have noted these cuts will produce a greater burden on the local public safety systems and that
many individuals will be seeking additional assistance from their city.
Highlights from the capital budget (ESSB 2836) include over $50 M in grants to local governments for
stormwater retrofits and low impact developments as outlined below.
Regarding the revenue package, a draft fiscal note from the Department of Revenue for E2SSB 6143 indicates
that local governments will gain over $28.2 M in FY 2011. The source of this revenue is from the following:
• Tax Avoidance Transactions - $2.8 M (effective May 1, 2010)
• Suspend the Sales Tax for Livestock Nutrients- $395,000 (effective July 1, 2010, through June 30,
2013)
• Suspend the Sales & Use Tax Exemptions for Bottled Water, Candy and Gum - $23.7 M (effective June
1, 2010, through July 1, 2013)
• PUD Privilege Tax Clarification - $1.3 M (effective May 1, 2010)
Cities will also have to temporarily pay the increased Service B&O tax on enterprise activities of .3% from July
1, 2010 – June 30, 2013.
Total revenue impacts to local governments through FY 2015 are estimated as follows:
• FY 2010 - $220,000
• FY 2011 - $28.2 M
• FY 2012 - $30.3 M
• FY 2013 - $33.0 M
• FY 2014 - $9.4 M
• FY 2015 – 9.8 M
AWC Major Legislative Priorities
The AWC Board of Directors adopted your 2010 legislative agenda in December 2009. Three issues were
identified as a major priority:
1. City Flexibility Package – "Flex" restrictions and requirements in areas such as fiscal health, land use,
infrastructure, community safety, public records management, and more. In particular this includes
greater flexibility with existing revenues and local determination of how these revenues are allocated.
ESHB 3179 was signed by the Governor on March 19, 2010. The bill:
• Allows cities to impose, with voter approval, a public safety sales and use tax at a rate of 0.1% if
county voters do not impose by January 1, 2011. This is within the existing 0.3% current county
authorized tax, not an addition. We refer to this as the public safety sales tax but only a third of it
must be used for those purposes. It is a local decision as outlined in the ballot title how the
remaining funds can be used.
• Eliminates the non-supplant language in the public safety sales and use tax and criminal justice
sales and use tax.
• Allows cities with a population of greater than 30,000 in Pierce County to impose the mental
health/chemical dependency sales and use tax if Pierce County has not imposed it by January 1,
2011. This is a councilmanic decision. Currently, eight counties impose (Clallam, Clark, Island,
Jefferson, King, Okanogan, Skagit, and Spokane)
• Addresses the Court of Appeals decision regarding city revenue received from the brokered natural
gas use tax potential saving almost 50 cities $14 million dollars.
• Expands the use of gambling tax revenues for general public safety programs not just law
enforcement.
SSB 6611 was signed by the Governor on March 25, 2010. The bill provides cities three additional
years to complete Growth Management Act (GMA) comprehensive plan and development regulation
updates.
SB 6367 was signed by the Governor on March 15, 2010. The bill allows cities to direct requestors to
their website for public records.
2. Stormwater Funding – Secure a dedicated source of funding from the state to support "Phase I" and
"Phase II" NPDES stormwater requirements, as well as Puget Sound cleanup efforts, that impacts 137
cities.
2SHB 3181/SSB 6851 would have directly helped 100 cities (those required to meet federal and state
NPDES permit obligations). Specifically, the proposal would have:
• Raised the current Hazardous Substances Tax from a rate of 0.7% to 1.55% on the wholesale
value of some 8000 products. The 0.85% increase would have yielded approximately $100 million
per year and would be deposited in a new Clean Water Legacy Account.
• Funds from the account would have been appropriated annually. At least $75,000 would have been
granted to each of the 100 NPDES Phase I or II cities to help run their programs. Most of the rest
($70 million or so) would have been available for competitive grants to help fund local stormwater
projects and programs. Some of the grants would have required a local match (locally raised
stormwater utility rates could be used) and some would not.
In the final days, as the special session was winding down, proponents of bills were feeling that time
had run out. While we failed to pass a stable and dedicated funding source, our message got through.
One hundred cities and 15 counties required to address stormwater requirements need help meeting
the challenge, and local residents and businesses should not shoulder all of the costs. On the final day
of the special session, in the final hours, the capital budget negotiators unveiled their agreed upon
budget. It contains over $50 M for local governments:
• $8 million in grants to support local stormwater staffing needs (approximately $70,000 per
applicable jurisdiction)
• $40 million (approximately) in additional grants to help meet permit obligations and for additional
stormwater projects or programs
• $1.3 million for a low-impact development demonstration grant to the City of Bremerton
3. Street Maintenance Utility – Pursue a permanent transportation funding source for basic street
maintenance and preservation. HB 2618 would have provided cities and counties the authority to
establish a street maintenance utility. Business opposition to the proposal was aggressive, and the
desire by legislative leadership to limit the number of "tax" votes severely damaged our ability to secure
a needed transportation tool.
In addition, there were several “defensive” issues in play that could have negatively impacted cities, if passed:
• Wrongful death - 2ESSB 6508 would have substantially expanded the scope of liability in wrongful
injury or death causes of action by expanding the number of people who could file a cause of action in
a wrongful death case and the damages for which they could seek redress. Different versions passed
the House and Senate, and the two chambers could not reach agreement before the end of the regular
session and the bill died.
• Requiring all municipal court judges to be elected - SSB 6686 would have required all municipal court
judges, both part-time and full-time, to be elected. The bill passed the Senate but died in the House.
Bills enacted into law
Bill Number Title AWC Priority
EHB 2805 Relating to public works involving off-site prefabrication
EHB 2519 Addressing duty-related death benefits for public safety employees
SHB 1679 Reimbursing medical expenses for certain totally disabled public safety
personnel
ESHB 6774 Relating to transportation benefit districts Other priority
SHB 2179 Authorizing cities to provide and contract for supplemental transportation
improvements
SHB 6207 Allowing local governments to create golf cart zones
SSB 6611 Extending the deadlines for review and update of local GMA plans and
regulations
Major priority
SSB 6214 Restructuring three growth management hearings boards into one board
SSB 6344 Establishing campaign contribution limits
ESHB 1956 Authorizing religious organizations to host temporary encampments for
homeless persons
ESHB 2747 Limiting the use of restraints on pregnant women or youth
ESHB 2538 Sub-area planning for high-density urban development
E2SHB 2539 Optimizing the collection of source separated materials
E2SSB 6609 Concerning infrastructure financing for local governments
2SHB 6578 Concerning the creation of optional multiagency permitting teams
ESHB 3179 Concerning local excise tax provisions for counties and cities (fiscal flexibility) Major priority
SB 6261 Addressing utility services collections against residential rental property
SB 5742 Concerning crime-free rental housing
ESHB 5543 Reducing the release of mercury into the environment
SB 6459 Concerning the inspection of rental properties
SB 6418 Regarding cities and towns annexed to fire protection districts
SSB 6373 Directing the DOE to adopt rules requiring entities to report the emissions of
greenhouse gases
2SHB 1591 Transportation benefit district (TBD) funds Other priority
EHB 1653 Clarifying the integration of shoreline management act policies with the
growth management act
HB 1080 Allowing cities the option to charge fire service impact fees in areas served by
fire districts
Other priority
SSB 6544 Extending the time limitations for approval of plats
SB 6367 Allowing agencies to direct requestors to their website for public records Major priority
ESB 6287 Concerning annexation of a city, partial city, or town to a fire protection district
SB 6356 Limiting access to law enforcement and emergency equipment and vehicles
SB 6286 Concerning the liabilities and powers of cities, diking districts, and flood
control zone districts
Other priority
SB 6288 Authorizing counties, cities, and towns to request background checks for
certain license applicants and licensees
Endorse
ESSB 6241 Creating community facility districts Endorse
SSB 6298 Authorizing limited deposits of public funds with credit unions
SSB 6846 Concerning enhanced 911 emergency communications services Endorse