HomeMy WebLinkAboutOrdinance No. 2025-005 AMC Chapter 10.80 Commute Trip ReductionORDINANCE NO. 2025-005
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 10.80 OF THE ARLINGTON MUNICIPAL CODE
PERTAINING TO COMMUTE TRIP REDUCTION
WHEREAS, the City of Arlington has the authority to regulate and encourage commute
trip reduction in the City of Arlington; and
WHEREAS, at the same time as adoption of this Ordinance, the City is approving its
2025-2029 Commute Trip Reduction (CTR) Plan;
WHEREAS, the City Council deems it appropriate to amend its municipal code to make it
consistent with the adopted CTR Plan.
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows:
Section 1. Arlington Municipal Code (AMC) Chapter 10.80 shall be amended to read
as set forth in Exhibit "A" attached hereto.
Section 2. 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 3. Effective Date. The Ordinance shall take effect and be in full force five
(5) days after the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this 16th day of June, 2025.
CITY OF ARLINGTON
Attest: Don E. Vanney, Mayor
Wendy Van Der Meersche, City Clerk
Approved as to form:
Oskar Rey
City Attorney
Chapter r c
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Sections:
10.80.010
Title.
10.80.020
Jurisdiction.
10.80.030
Purpose.
10.80.040
Administration.
10.80.050 Definitions.
10.80.060 City's CTR plan.
10.80.070 Responsible city agency.
10.80.080 Applicability —Timeline for compliance.
10.80.090 Requirements for employers.
10.80.100 Record keeping.
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10.80.110 Schedule and process for CTR reports.
10.80.120 Enforcement.
10.80.130 Exemptions and goal modifications.
10.80.140 Appeals.
10.80.010 - Title.
The ordinance codified in this chapter shall be known as the "commute trip reduction ordinance
of City of Arlington".
10.80.020 - Jurisdiction.
The requirements set forth in this chapter shall apply to all major employers at any single worksite
within the incorporated area.
10.80.030 - Purpose.
The purpose of this chapter is to comply with the statewide Commute Trip Reduction Law of 1991
(RCW 70.94.521 through 70.94.555; Chapter 202, Laws of 1991) as amended in 2006 by the
Commute Trip Reduction Efficiency Act. The commute trip reduction ordinance shall not be used
as a substitute for reviews of projects under other city requirements for compliance with the State
Environmental Policy Act (SEPA).
ORDINANCE NO. 2025-005
The city administrator or designee shall have the duty and responsibility to administer the
provisions of this chapter with the authority to promulgate rules and regulations to implement
and administer this chapter.
10.80.050 - Definitions.
"Affected employee" means a full-time employee who begins their regular work day at a major
employer worksite between six a.m. and nine a.m. (inclusive) on two or more weekdays for at
least twelve continuous months. For the purpose of defining affected employees the following
apply:
(1) A full-time employee is a person other than an independent contractor, scheduled to
be employed on a continuous basis for fifty-two weeks for an average of at least thirty-
five hours per week.
(2) The employee will only be counted at his or her primary worksite.
(3) Seasonal agricultural employees, including seasonal employees of processors of
agricultural products, are excluded from the count of affected employees.
"Affected urban growth area" means:
(1) An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries
contain a state highway segment exceeding the one hundred person hours of delay
threshold calculated by the Washington State Department of Transportation, and any
contiguous urban growth areas; and
(2) An urban growth area, designated pursuant to RCW 36.70A.110, containing a
jurisdiction with a population over seventy thousand that adopted a commute trip
reduction ordinance before the year 2000, and any contiguous urban growth areas; or
(3) An urban growth area identified by the Washington State Department of
Transportation as listed in WAC 468-63-020(2)(b).
"Alternative mode" means any means of commute transportation other than that in which the
drive -alone motor vehicle is the dominant mode, including teleworking and compressed work
weeks if they result in reducing commute trips.
"Alternative work schedules" means work schedules which allow employees to work their
required hours outside of the traditional Monday through Friday eight a.m. to five p.m. schedule.
Programs such as compressed work weeks that eliminate work days for affected employees are
an example.
"Baseline data collection" means the collection of employee trip data at a major worksite to
determine the non -drive alone trips per employee at the worksite. The jurisdiction uses these
measurements to develop commute trip reduction targets for the major employer. The baseline
ORDINANCE NO. 2025-005
measurements must be implemented in a manner that meets the requirements and timeframe
specified by the city.
"Carpool" means a motor vehicle occupied by at least two people traveling together for their
commute trip that results in the reduction of a minimum of one motor vehicle commute trip.
"City" means the city of Arlington.
"Commute trip" means trips made from a worker's home to a worksite during the peak time of
six a.m. to nine a.m. (inclusive) on weekdays.
"Commuter matching service" means a system that assists in matching commuters for the
purpose of commuting together, such as RideshareOnline.com.
"Compressed work week" means an alternative work schedule, in accordance with employer
policy, that regularly allows a full-time employee to eliminate at least one work day every two
weeks by working longer hours during the remaining days, resulting in fewer commute trips by
the employee. This definition is primarily intended to include weekly and bi-weekly
arrangements, the most typical being four ten-hour days or eighty hours in nine days, but may
also include other arrangements.
"CTR law" means a law passed in 1991(Chapter 202, Laws of 1991), amended in 2006 and codified
in RCW 70.94.521 through 70.94.551 requiring each county containing an urban growth area,
designated pursuant to RCW 36.70A.110, and each city within an urban growth area with a state
highway segment exceeding the one hundred person hours of delay threshold calculated by the
department of transportation, as well as those counties and cities located in any contiguous urban
growth areas. Counties and cities within the designation above shall adopt a commute trip
reduction plan and ordinance for major employers in the affected urban growth area.
"CTR plan" means the city plan and ordinance to regulate and administer the CTR programs of
major employers within its jurisdiction.
"CTR program" means an employer's strategies to increase affected employees' non -drive alone
trips.
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"Employer" means a sole proprietorship, partnership, corporation, unincorporated association,
cooperative, joint venture, agency, department, district, or other individual or entity, whether
public, nonprofit, or private, that employs workers.
"ETC" means employer transportation coordinator as required pursuant to RCW 70.94.531(3).
"Flex -time" means an employer policy allowing individual employees some flexibility in choosing
the time, but not the number, of their working hours to facilitate the use of alternative modes.
ORDINANCE NO. 2025-005
"Full-time employee" means a person, other than an independent contractor, scheduled to be
employed on a continuous basis for fifty-two weeks for an average of at least thirty-five hours per
week on two or more weekdays per week.
"Goals" means the established criteria for measuring effectiveness of employer programs as
outlined in the city's CTR plan.
"Good faith effort" means that an employer has met the minimum requirements identified in
RCW 70.94.531 and this chapter, and is working collaboratively with the city to continue its
existing CTR program or is developing and implementing program modifications likely to result in
improvements to its CTR program over an agreed -upon length of time.
"Implementation" means active pursuit by an employer of the CTR goals of RCW 70.94.521
through 70.94.555, this chapter and the CTR plan as evidenced by appointment of a
transportation coordinator, distribution of information to employees regarding alternatives for
non -drive alone commuting, and commencement of other measures according to its approved
CTR program and schedule.
"Major employer" means a private or public employer, including state agencies, that employs one
hundred or more full-time affected employees at a single worksite who begin their regular
workday between six a.m. and nine a.m. on at least two weekdays each week for at least twelve
continuous months.
"Major worksite" or "worksite" means a building or group of buildings that are on physically
contiguous parcels of land or on parcels of land separated solely by private or public roadways or
rights -of -way, and at which there are one hundred or more full-time affected employees.
"Mode" means the means of transportation used by employees, such as drive -alone motor
vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed work
schedule and teleworking.
"Notice" means written communication delivered via the United States Postal Service with receipt
deemed accepted three days following the day on which the notice was deposited with the postal
service unless the third day falls on a weekend or legal holiday in which case the notice is deemed
accepted the day after the weekend or legal holiday.
"Single -occupant vehicle (SOV)" means a motor vehicle occupied by one employee for commute
purposes, including a motorcycle. If there are other passengers occupying the motor vehicles, but
the ages of these passengers are under sixteen, the motor vehicle is still considered a single -
occupant vehicle for measurement purposes.
"Target" means a quantifiable or measurable value that is expressed as a desired level of
performance, against which actual achievement can be compared in order to assess progress,
such as increase in non -drive alone trips.
ORDINANCE NO. 2025-005
"Teleworking" means the use of telephones, computers, or other similar technology to permit an
employee to work anywhere at any time, eliminating a commute trip, or to work from a work
place closer to home, reducing the distance traveled in a commute trip by at least half.
"Transit" means a multiple -occupant vehicle operated on a for -hire, shared -ride basis, including
bus, ferry, rail, shared -ride taxi, shuttle bus, or vanpool.
"Vanpool" means a vehicle occupied by from five to fifteen people traveling together for their
commute trip that results in the reduction of a minimum of one motor vehicle trip.
"Voluntary worksite" means the physical location occupied by an employer that is voluntarily
implementing a CTR program.
"Week" means a seven-day calendar period starting on Monday and continuing through Sunday.
"Weekday" means any day of the week except Saturday or Sunday.
"Writing," "written," or in "writing" means original written signed and dated documents delivered
via the United States Postal Service.
10.80.O60 - City'$ CTR plan.
The city'$ CTR plan, as approved in f.;;. s .' 6fj '20)''S, is adopted
wholly and incorporated herein by reference.
10.80.070 - Responsible city agency.
The city is responsible for implementing this chapter, the CTR plan, and the city CTR program
should be identified together with any authority necessary to carry out such responsibilities such
as rule making or certain administrative decisions.
10.80.080 -Applicability—Timeline for compliance.
The provisions of this chapter shall apply to any major employer or voluntary worksite within the
corporate limits of the city.
(1) In addition to city's established public notification for adoption of an ordinance, a
notice of availability of a summary of the ordinance codified in this chapter, a notice of
the requirements and criteria for major employers to comply with said ordinance, and
subsequent revisions shall be published at least once in city official newspaper not more
than thirty days after passage of said ordinance or revisions.
(2) Major employers located in the city are to receive written notification that they are
subject to this chapter. Such notice shall be addressed to the company's chief executive
officer, senior official, or CTR manager at the worksite. The major employer shall perform
baseline data collection within ninety days of notification. After the results of the baseline
ORDINANCE NO. 2025-005
data are provided to the major employer, the major employer shall submit a CTR program
to the city within ninety days.
(3) Major employers that, for whatever reason, do not receive notice within thirty days
of passage of the ordinance codified in this chapter and are either notified or identify
themselves to the city within ninety days of the passage of said ordinance shall perform
baseline data collection within ninety days of notification or the major employer shall
submit a CTR program within ninety days of receipt of the baseline data results.
(4) New Major Employers. Employers that meet the definition of "major employer" in this
chapter must identify themselves to the city within ninety days of either moving into the
boundaries of city or growing in employment at a worksite to one hundred or more
affected employees. Such employers shall complete baseline data collection within ninety
days of identification as a major employer and shall submit a CTR program within ninety
days of the baseline data results. The CTR program will be developed in consultation with
the city and implemented not more than ninety days after the program's approval.
Employers who do not implement an approved CTR program according to this section are
in violation of this chapter.
(5) Change in Status as a Major Employer. Any of the following changes in an employer's
status will change the employer's CTR program requirements:
(A) If an employer initially designated as a major employer no longer employs one
hundred or more affected employees and expects not to employ one hundred or
more affected employees for the next twelve months, that employer is no longer
a major employer. It is the responsibility of the employer to notify city that it is no
longer a major employer.
(B) If the same employer returns to the level of one hundred or more affected
employees within the same twelve months, that employer will be considered a
major employer for the entire twelve months and will be subject to the same
program requirements as other major employers.
(C) If the same employer returns to the level of one hundred or more affected
employees twelve or more months after its change in status to a "voluntary"
employer, that employer shall be treated as a new major employer and will be
subject to the same program requirements as other new major employers.
A major employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this
chapter, to develop and implement a CTR program that will encourage its employees to increase
non -drive alone commute trips. The employer shall submit a description of its program to the city
and provide quarterly progress reports to the city on employee commuting and progress toward
ORDINANCE NO. 2025-005
meeting the goals and targets. The CTR program must include the mandatory elements as
described below.
(1) CTR Program Description Requirements. The CTR program description presents the
strategies to be undertaken by an employer to achieve the program goals and targets
stated in the city's CTR plan. Employers are encouraged to consider innovative strategies
and combine program elements in a manner that will best suit their location, site
characteristics, business type, and employees' commuting needs. Employers are further
encouraged to cooperate with each other and to form or use transportation management
organizations in developing and implementing CTR programs.
At a minimum, the employer's description must include:
(A) General description of the employment site location, transportation
characteristics, and surrounding services, including unique conditions experienced
by the employer or its employees;
(B) Number of employees affected by the CTR program;
(C) Documentation of compliance with the mandatory CTR program elements (as
described in subsection (1)(B));
(D) Description of the additional elements included in the CTR program (as
described in subsection (1)(B)); and
(E) Schedule of implementation, assignment of responsibilities, and commitment
to provide appropriate resources.
(2) Mandatory Program Elements. Each employer's CTR program shall include the
following mandatory elements:
(A) Transportation Coordinator. The employer shall designate an employee
transportation coordinator (ETC) to administer the CTR program. The coordinator
and/or designee's name, location, and contact information must be displayed
prominently at each major worksite. The coordinator shall oversee all elements of
the employer's CTR program and act as liaison between the employer and city. The
objective is to have an effective transportation coordinator presence at each
worksite; a major employer with multiple sites may have one transportation
coordinator for all sites.
(B) Information Distribution. Information about alternatives to drive -alone
commuting shall be provided to employees at least twice a year. One of the items
distributed must be a description of the employer's worksite program. The
employer's program description and quarterly report must identify the
information to be distributed and the method of distribution.
ORDINANCE NO. 2025-005
(C) Quarterly Progress Report. The CTR program must include a quarterly review
of employee commuting and progress and good faith efforts toward meeting the
goals and targets as outlined in the CTR plan. Major employers shall file a quarterly
progress report with the city in accordance with the format established by this
chapter and consistent with the CTR board guidelines' . The report shall describe
each of the CTR measures that were in effect for the previous quarter, and the
number of employees participating in the CTR program. Within the report, the
employer should evaluate the effectiveness of the CTR program and, if necessary,
propose modifications to achieve the worksite's CTR targets. The format of the
report shall be provided by the city. The employer should contact the city for the
format of the report.
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(D) Trip Data Measurement. Employers shall conduct a quarterly program data
evaluation as a means of determining worksite progress toward meeting CTR
targets.
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within six months of appointment.
((-fl Employer Notification. Employers will be required to notify the city or
designee when there are proposed changes to their CTR program, changes in ETC
or contact information, and/or changes in number of employees at the worksite.
(I .�) ETC Networking/Advanced Training. ETCs will be required to attend at least
six hours of networking or advanced training per year. Training and networking
sessions may include marketing CTR programs to employees, trip planning,
ridesharing, joint promotions and networking meetings.
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ORDINANCE NO. 2025-005
10.80.100 - Record kee
Major employers shall include a list of the records they will keep as part of the CTR program they
submit to the city for approval. Employers will maintain all records listed in their CTR program for
a minimum of forty-eight months. The city and the employer shall agree on the record keeping
requirements as part of the accepted CTR program.
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ORDINANCE NO. 2025-005
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ORDINANCE NO. 2025-005
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(a) CTR Program. Not more than ninety days after the adoption of the ordinance codified
in this chapter, or within ninety days after an employer qualifies under the provisions of
this chapter, the employer will be given ninety days to complete baseline data collection,
and an additional ninety days to submit a CTR program once the baseline data results are
given to the employer. The CTR program will be developed in consultation with the city
and implemented not more than ninety days after the program's approval by the city.
Employers who do not implement an approved CTR program according to this section are
in violation of this chapter.
(b) Document Review. The city shall provide the employer with written notification if a
CTR program is deemed unacceptable. The notification must give cause for any rejection.
The employer shall have thirty days to resubmit a modified program. If the employer
receives no written notification of extension of the review period of its CTR program or
comments on the CTR program or quarterly report within ninety days of submission, the
employer's program or quarterly report is deemed accepted. The city may extend the
review period up to ninety days. The implementation date for the employer's CTR program
will be extended an equivalent number of days.
(c) CTR Quarterly Progress Reports. Upon approval of an employer's initial CTR program,
the employer shall submit quarterly reports on the dates requested from the city, no less
than ninety days after program approval.
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ORDINANCE NO. 2025-005
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( f) Modification of CTR Program Elements. Any major employer may submit a request to
the city to modify a CTR program element, other than the mandatory elements specified
in this chapter, including record keeping requirements. Such requests may be granted if
one of the following conditions exist:
(1) The employer can demonstrate it would be unable to comply with the CTR
program elements for reasons beyond the control of the employer; or
(2) The employer can demonstrate that compliance with the program elements
would constitute an undue hardship.
(;) Extensions. An employer may request additional time to submit a CTR program or
CTR report, onto implement or modify a program. Such requests shall be via written notice
at least ten working days before the due date for which the extension is being requested.
Extensions not to exceed ninety days shall be considered for reasonable causes. The city
shall grant or deny the employer's extension request by written notice within ten working
days of its receipt of the extension request. If there is no response issued to the employer,
an extension is automatically granted for thirty days. Extensions shall not exempt an
employer from any responsibility in meeting program goals and targets. Extensions
granted due to delays or difficulties with any program element(s) shall not be cause for
discontinuing or failing to implement other program elements. An employer's reporting
date shall not be adjusted permanently as a result of these extensions. An employer's
reporting date may be extended at the discretion of the city.
( xi) Implementation of Employer's CTR Program. The employer shall implement its
approved CTR program not more than ninety days after the program was first submitted
to the city. Implementation of the approved program modifications shall begin within
thirty days of the final decision or ninety days from submission of the CTR program or CTR
quarterly report, whichever is greater.
10.80.120 - Enforcement.
(a) Compliance. For purposes of this section, compliance shall mean fully implementing
in good faith all provisions in an approved CTR program.
(b) Program Modification Criteria. The following criteria for achieving targets for non -
drive alone trips per employee shall be applied to determine requirements for employer
CTR program modifications:
ORDINANCE NO. 2025-005
(1) If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and
this chapter, and meets either or both targets, the employer has satisfied the
objectives of the CTR plan and will not be required to modify its CTR program.
(2) If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and
this chapter, but has not met or is not likely to meet the applicable targets, the city
shall work collaboratively with the employer to make modifications to its CTR
program. After agreeing on modifications, the employer shall submit a revised CTR
program description to the city for approval within thirty days of reaching
agreement.
(3) If an employer fails to make a good faith effort as defined in RCW 70.94.534(2)
and this chapter, and fails to meet the applicable targets, the city shall work
collaboratively with the employer to identify modifications to the CTR program
and shall direct the employer to revise its program within thirty days to incorporate
the modifications. In response to the recommended modifications, the employer
shall submit a revised CTR program description, including the requested
modifications or equivalent measures, within thirty days of receiving written
notice to revise its program. The city shall review the revisions and notify the
employer of acceptance or rejection of the revised program. If a revised program
is not accepted, the city will send written notice to that effect to the employer
within thirty days and, if necessary, require the employer to attend a conference
with program review staff for the purpose of reaching a consensus on the required
program. A final decision on the required program will be issued in writing by the
city within ten working days of the conference.
(c) Violations. The following constitute violations if the deadlines established in this
chapter are not met:
(1) Failure to self -identify as a major employer within the timeframes indicated in
the applicability —timeline for compliance section above;
(2) Failure to perform a baseline data collection including:
(A) Employers notified or that have identified themselves to the city within
ninety days of the ordinance codified in this chapter being adopted and
that do not perform baseline data collection consistent with the
requirements specified by the city within ninety days from the notification
or self -identification;
(B) Employers not identified or self -identified within ninety days of the
ordinance codified in this chapter being adopted and that do not perform
baseline data collection consistent with the requirements specified by the
ORDINANCE NO. 2025-005
city within ninety days from the adoption of the ordinance codified by this
chapter;
(C) A new major employer that does not perform baseline data collection
consistent with the requirements specified by the city within ninety days
of identification as a major employer;
(3) Failure to implement an approved CTR program, unless the program elements
that are carried out can be shown through quantifiable evidence to meet or exceed
the goals and targets as specified in this chapter;
(4) Submission of false or fraudulent data in response to data collection
requirements;
(5) Failure to make a good faith effort, as defined in RCW 70.94.534(2); or
(6) Failure to revise a CTR program as defined in RCW 70.94.534(4).
(d) Penalties.
(1) No major employer with an approved CTR program which has made a good
faith effort may be held liable for failure to reach the applicable goals and targets;
(2) Each day of failure to implement the program shall constitute a separate
violation, subject to penalties as described in RCW Chapter 7.80. The maximum
penalty shall be equal to the state of Washington Class I civil infraction of two
hundred fifty dollars per day per violation, as described in RCW 7.80.120(1)(a), or
whichever is greater.
(3) A major employer shall not be liable for civil penalties if failure to implement
an element of a CTR program was the result of an inability to reach agreement
with a certified collective bargaining agent under applicable laws where the issue
was raised by the employer and pursued in good faith. Unionized employers shall
be presumed to act in good faith compliance if they:
(A) Propose to a recognized union any provision of the employer's CTR
program that is subject to bargaining as defined by the National Labor
Relations Act; and
(B) Advise the union of the existence of the statute and the mandates of
the CTR program approved by city and advise the union that the proposal
being made is necessary for compliance with state law (RCW 70.94.531).
(a) Worksite Exemptions. A major employer may request the city to grant an exemption
from all CTR program requirements or penalties for a particular Worksite. The employer
ORDINANCE NO. 2025-005
must demonstrate that it would experience undue hardship in complying with the
requirements of this chapter as a result of the characteristics of its business, its work force,
or its locations. An exemption may be granted if and only if the major employer
demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable
to implement any measures of the approved CTR plan. Exemptions may be granted by the
city at any time based on written notice provided by the major employer. The notice
should clearly explain the conditions for which the major employer is seeking an
exemption from the requirements of the CTR program. The city shall review annually all
employers receiving exemptions, and shall determine whether the exemption will be in
effect during the following program year.
(b) Employee Exemptions. Specific employees or groups of employees who are required
to drive alone to work as a condition of employment may be exempted from a worksite's
CTR program. Exemptions may also be granted for employees who work variable shifts
throughout the year and who do not rotate as a group to identical shifts. The city will use
the criteria identified in the CTR board guidelines" to assess the validity of employee
exemption requests. The city shall review annually all employee exemption requests, and
shall determine whetherthe exemption will be in effect during the following program year.
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10.80.140 - Appeals.
Any major employer may appeal the administrative decisions regarding exemptions, modification
of targets, modification of CTR program elements, and determinations concerning failure to
implement a CTR program. The appeal must be filed with the city clerk not later than the tenth
day following the date of the administrative decision, accompanied by the appropriate appeal
fee. The appeal must be in writing and state in a clear and concise manner the specific exceptions
and objections to the administrative decision. Appeals shall be heard by a hearing examiner
appointed by the city. In reviewing the appeal, the hearing examiner shall determine whether the
administrative decision is consistent with the provisions of this chapter, including the CTR plan.
ORDINANCE NO. 2025-005
m W ff fm R W ITS MR R 4
decision appealable to the city council.
I, Wendy Van Der Meersche, being the duly appointed City Clerk of the City of Arlingtola
Washington, a municipal corporation, do hereby certify that the following Ordinance N11
2025-005 was approved at the June 16, 2025 City Council meeting.
F.AIUV I DILI III ILI Itt"Im F.11 WILN It 119 M M$
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Wendy Van Der Meersche'
City Clerk for the City of Arlington