HomeMy WebLinkAboutOrdinance No. 2026-008 Amending Chapter 20.12 Regarding Administrative Mechanisms Under City Planning No. PJ25-0037ORDINANCE NO. 2026-008
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.12
OF THE ARLINGTON MUNICIPAL CODE REGARDING ADMINISTRATIVE MECHANISMS
UNDER CITY PLANNING NO. PJ25-0037
WHEREAS, the city has proposed an update to the Administrative Mechanisms regulations
to the City zoning code; and
WHEREAS, the Arlington Planning Commission considered the revisions on March 3, 2026
and at a public hearing conducted on March 17, 2026; and
WHEREAS, the Planning Commission made findings and provided its recommendations to
the City Council concerning the proposed changes; and
WHEREAS, the City Council considered the same at a workshop held on April 13, 2026, a
meeting on April 20, 2026, and considered them along with the Planning Commission
recommendations; and the City Council having determined approving said amendment was in
the best interest of the City; and
WHEREAS, the amendments were presented to the Department of Commerce for
comment and said Department had no comments on the ordinance; and
WHEREAS, the City Council has considered the proposed amendment to the municipal
code and finds it to be consistent with city and state law and in the best interests of the citizens;
and
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows:
Section 1. Arlington Municipal Code section 20.12.020 shall be hereby amended as
follows:
20.12.020 Planning Agency Identified.
The Planning Agency (RCW 35A.63) for the city shall be composed of the following:
(1) ;he Buildip.a O=T� The Community and Economic Development Director;
(2) The Building Official; The C.,,, ;:A, 64Rit„ and F=reF4emie Development t ni.-.,ete.
(3) 94The Development Services Engineering Manager;
(4) -}The Public Works Director;
(5) {4)The Arlington Hearing Examiner;
(6) { }The Arlington Planning Commission;
(6) The A lip # 6l rirr R ie &—aarrd
'�YGA'I��7TbR'7 FTF API C II9�-�'ACJ'1 'Cf
(7) The Arlington Park and Arts Commission;
(8) The Arlington City Council.
ORDINANCE NO. 2026-008 1
Section 2. Arlington Municipal Code section 20.12.110 shall be hereby amended as
follows:
20.12.110 The ° i'air n 0ff4riA! The Community and Economic Development Director.
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.7.a nr9fnrrn,r.+ri+ .+ +i,. 'I.J' n P"so..-fin .-d +i.ef-n Ci.r+i.-.,nr of this Titl.—x'a'xri`-n +ltn CieIilding official
The Communitv and Economic Development Director is the administrative head of the
Department of Community and Economic Development, who is responsible for planning,
administration enforcement and minor land use decision -making as si2ecified in this Title. The
Communitv and Economic Development Director or his/her designee shall review and act on the
following:
(a) Authority. The director is responsible for the administration of AMC Title 20.
(b) Administrative Interpretation, Upon request or as determined necessar , the director
shall interpret the meaning or application of theprovisions within said title and issue a
_written administrative interpretation within 30 days of said request.
(c) Administrative Approvals as set forth in AMC 20.16.
(d) State Environmental Policy Act (SEPA) Official.
(e) Flood'piain Administrator
Section 3. Arlington Municipal Code section 20.12.120 shall be hereby amended as
follows:
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0.116 provided
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The Building Official is the officer or other designated authority charged with the administration
and enforcement of the International Building Code, International Residential Code, International
Fire Code, Stop Work Orders, and those Sections of this Title where the Building Official is
referenced. The Building Official shall have authority to grant, condition or deny the building
permits in accordance with the procedures set forth in AMC Title 16.
ORDINANCE NO. 2026-008
Section 4. Arlington Municipal Code section 20.12.130 shall be hereby amended as
follows:
20.12.130 The Public rl<Di eetor. The Development Services Engineering Manager.
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including the approval of plaAs foF public
The Development Services Engineering Manager is the designated authority charged with the
administration and enforcement of those Sections of this Title where the Development Services
Engineering Manager is referenced, or authority is otherwise granted by the Community and
Economic Development Director or Public Works Director. The Development Services
Engineering Manager is responsible for administration and decision -making as it pertains to
private utility and groundwork improvements as specified in this Title, including the approval of
plans for such private develo went improvements. The Development Services Engineering
Manager shall have authority to grant, condition or deny civil permits in accordance with the
procedures set forth in AMC Title 20. The Development Services Engineering Manager shall
review and act on the following:
(a) Civil Construction Permits
(b) Grading Permits
(c) Right-of-Wav Permits
(d) Tree Investigation -Removal Permits
(e) Drainage related to said permits
(f) Utility Service Permits
(g) Street Vacations or Street Dedications
Section 5. Arlington Municipal Code section 20.12.140 shall be hereby added as follows:
20.12.140 The Public Works Director.
The Public Works Director is the administrative head of the Department of Public Works. As
provided in various sections the Public Works Director is responsible for administration,
enforcement_ , and decision -making as it pertains to Title 12. Title 13 and as specified in this Title.
The Public Works Director shall approve public infrastructure and utilities for public
improvements within a private development and approval of as-buiits for acceptance by the City,
or to delegate to his/her designee.
ORDINANCE NO. 2026-008 3
Section 6. Arlington Municipal Code section 20.12.140 shall be hereby amended as
follows:
20.12.210 Jurisdiction and Authority.
(a) The jurisdiction and authority of the Hearing Examiner shall be to preside as the hearing
officer and permit -issuing authority on those permits or actions as listed in §20.12.230
(Powers and Duties of the Hearing Examiner).
(b) The Hearing Examiner shall also have jurisdiction on any amendments to, or reconsideration
of, permits that he has issued as identified in AMC §20.16.370 (Amendments to and
Modifications of Permits), t sideration c�q and AMC §20.16.300, (Reconsideration
of Permit -Issuing Authority's Action) peFmitsa��^ k--G �SsH.
(c) The Hearing Examiner may also be used to mediate land use disputes between two or more
parties upon request by the parties involved. Fees for mediation shall be as specified by the
Hearing Examiner for such service.
Section 7. Arlington Municipal Code section 20.12.140 shall be hereby amended as
follows:
20.12.230 Powers and Duties of the Hearing Examiner
(a) The Hearing Examiner shall hear and decide:
(1) Applications for special use or Type II permits, as provided in §20.16.100 (Permits
Required), when a hearing has been requested as provided in §20.16.225. (Special Use
Permits and Conditional Use Permits).
(2) Applications for conditional use or Type III permits, as provided in §20.16.100 (Permits
Required).
(3) Applications for variances, Type iI or Type IIL, as provided in §20.20.030 (Variances), when
a hearing has been requested as provided in §20.16.225 (Special Use Permits and
Conditional Use Permits).
(4) Appeals from any order, decision, requirement, or interpretation made bythe Community
and Economic Development Director, as provided in §20.20.010 (Appeals of Community
and Economic Development Director„ De„vie__ ., B.AA-R4 Decisions).
(5) Any other matter the hearing examiner is required to act upon by any other city
ordinance.
Section 8. Arlington Municipal Code section 20.12.140 shall be hereby added as follows:
20.12.310 Powers and Duties of the Planning Commission
(a) The planning commission shall review and make recommendations on the following
applications and subjects:
(1) Title 20 Zoning Code Amendments
(2) Comprehensive Plan Amendments
(3) Zoning Code and Future Land Use Map Amendments
(4) Annual Planning Docket
(5) Design Deviations
ORDINANCE NO. 2026-008 4
(b) The Planning Commission may adopt rules and regulations governing its procedures and
operations that are consistent with he provisions of this Title.
Section 9. Arlington Municipal Code 20.12 Part V Design Review Board shall be hereby
repealed:
29.12.4119 The Design Review BaaK�-
T!qE?Fe Shall be a Design Review 9 Fd E;ensisting of the mern-hers ef the Plapning Commission.
Appeintmentsi r i i
Section 10. Arlington Municipal Code 20.12 Part VI shall be hereby amended as follows:
Part V1. The Park and Arts Commission
20.12.44PO400 The Parks and Arts Commission
The authority, membership, powers, and duties of the Arlington Park Board are established in
Chapter 2.40 of the Arlington Municipal Code.
Section 11. Arlington Municipal Code 20.12 Part VII shall be hereby amended as follows:
Part VI1. The City Council
20.12.600500 The City Council.
Section 12. Arlington Municipal Code 20.12 Part VIII shall be hereby amended as follows:
Part Vill. Official File
20.12.8600 Official File.
(a) The Community and Economic Development Director or his/her designee shall compile an
official file on each application filed containing the following:
(1) The application materials submitted by the applicant.
(2) Any staff reports prepared.
(3) All written testimony received on the matter.
(4) The electronic recording and minutes of any public hearing on the matter.
(5) The decision of the permit -granting authority on the permit.
ORDINANCE NO. 2026-008 5
(6) Any other information relevant to the matter.
(7) Certification of publication, and a copy of the mailed notification and the date of mailing.
(b) The official file is a public record. It is available for inspection and copying in the Pd
Comr-nunity and Economic Development Department during regular business hours or
through the online Public Records Request Portal, though availability may be temporarily
restricted during or prior to public hearings while staff is preparing for the hearing.
(c) Official files shall be kept for a period as specified by state requirements.
Section 13. Arlington Municipal Code 20.12 Part IX shall be hereby amended as follows:
Part 1XVJL Security Mechanisms
Section 14. Arlington Municipal Code section 20.12.800 shall be hereby amended as
follows:
20.12.943-9700 Security Mechanisms —General.
(a) As security, the City may accept any of the following: bonds, letters of credit from an insured
bank, a secured account with an insured bank, or a cash deposit. Other forms of security may
be accepted if approved by the City Finance Director in consultation with the City Attorney.
(b) In each case where the City requires or allows an applicant to post a security, the Public M Dirpr-tiqr Development Services Engineering Manager shall determine the type of security to
be used.
Section 15. Arlington Municipal Code section 20.12.810 shall be hereby amended as
follows:
20.12.94.9710 Performance Securities.
(a) Except as provided in Subsection (d), a performance security shall be required for any project
on a site greater than 1 acre in size to guarantee that a site can be closed and/or winterized
if necessary, or that measures can be taken by the City to respond to weather -related
emergencies.
(b) In addition, an augmented performance security may be required by the Development
Services Engineering Manager Publie—V aff to cover the cost of installing any
system -wide public improvements that an applicant has agreed to install as part of his project
where the lack of installation would cause the system to fail or not be completed in a timely
manner.
(c) Performance securities may be presented to the City after preliminary approval of a project
but in all circumstances shall be presented prior to any site work, including clearing, grading,
or construction.
(d) Submission of a performance security may be waived by the Development Services
Engineering Manama Ru 1;r- Wo; s—DiFer-ter if fie/she determines, iR his en, said
guarantee of installation is not necessary.
ORDINANCE NO. 2026-008 6
Section 16. Arlington Municipal Code section 20.12.820 shall be hereby amended as
follows:
20.12.92.0720 Completion Securities.
In lieu of installing public improvements per this Title or a condition of a permit, a developer may
propose to post a security to ensure completion of any improvements for which construction
plans have been approved. Said improvements shall be installed within one year of final land use
permit approval. An extension not to exceed one (1) year may be approved by the Development
Services Engineering Manager P-hiir, s- DiFeetsr upon extension of the security or
submission of a new one.
Section 17. Arlington Municipal Code section 20.12.830 shall be hereby amended as
follows:
20.12.8-3A730 Maintenance Securities.
When required, the Air -developer shall provide to the City a maintenance security to cover the
cost of replacing or repairing any of the public improvements installed per this Title or a condition
of a permit.
Section 18. Arlington Municipal Code section 20.12.840 shall be hereby amended as
follows:
20.12.850740 Amount of the Security.
(a) The amount of a security shall be a percentage, as specified below, of the estimated cost of
design, materials, and labor, based on the estimated costs on the last day covered by the
device, of installing, replacing, or repairing (whichever is appropriate) the improvements
covered by the security.
(1) Performance -One hundred fifty percent (150%) of the costs specified in Subsection (a).
%)
(2) {34 Maintenance -Twenty percent (20%) of the costs specified in Subsection (a).
(b) The Development Services Engineering Manager Pie �.Aterks Direete shall approve the
amount of a security under paragraph (a) of this Section. The applicant shall prepare a cost
estimate of the items to be covered by the security for the Pi hlir ` ArIcr Directer's
Development Services Engineering Manager's review and approval, a east estimate ^{ the
items to be-eeveFed by theme.
Section 19. Arlington Municipal Code section 20.12.860 shall be hereby amended as
follows:.
20.12.€49750 Reduction of Securities.
In those cases where improvement securities have been made, and only with the Development
Services Engineering Manager's °ubiirz Wor: ireezar's approval, the amount of the guarantee
may be reduced upon acceptance of a portion of the required improvements. The amount of the
reduction shall not exceed the percentage that the improvements just accepted for dedication
ORDINANCE NO. 2026-008 7
made up of all originally required improvements. In no case, however, shall the guarantee be
reduced to less than fifteen percent (15%) of the original amount.
Section 20. Arlington Municipal Code section 20.12.870 shall be hereby amended as
follows:
20.12.9--7-0760 Duration of Securities.
All securities shall be held until released by the Development Services Engineering Manager
Pwhlir, W nr. i; Di" to ; however, the standard duration of the various securities should be as
follows:
(1) Performance —One year or until all improvements are installed and accepted by the City,
whichever is greater.
(2) C=empletien One year- Ar- i-Atil all
aFe installed- aiid -aer--epted by the City,
is gr-eateF.
(2) {Maintenance —Two years; extendable by the City if repairs are made at the end of the
bonding period which, in the opinion of the Development Services
Engineering Manager, require additional guarantee of workmanship.
Section 21. Arlington Municipal Code section 20.12.880 shall be hereby amended as
follows:
20.12.898770 Supplemental Administrative Costs.
In addition to the security, the applicant shall pay a fee to the City covering the City's actual
expenses of administering, and if necessary, using the proceeds of the security. The amount of
this fee will be set by Resolution.
Section 22. Arlington Municipal Code section 20.12.880 shall be hereby amended as
follows:
20.12.999780 Security Agreement.
In each case where a security is posted, the applicant and the Development Services Engineering
Manager Public ."deFkss4;4 �; shall sign a notarized security agreement, approved in form by
the City Attorney. This agreement shall be recorded with the Snohomish County Auditor. The
agreement shall provide the following information:
(1) A description of the work or improvements covered by the security.
(2) Either the period of time covered by the maintenance security or the date after which the
City will use the proceeds of the performance security to complete the required work or
improvements.
(3) The amount and nature of the security and the amount of the cash deposit.
(4) The rights and duties of the City and the applicant.
(5) An irrevocable license to run with the property to allow the employees, agents, or
contractors of the City to go on the subject property for the purpose of inspecting and, if
necessary, doing the work or making the improvements covered by the security.
ORDINANCE NO. 2026-008 8
(6) The mechanism by and circumstances under which the security shall be released. At a
minimum, after the work or improvements covered by a performance security have been
completed, or at the end of the time covered by a maintenance security, the applicant
may request the City to release the security. If the applicant has complied with the
security agreement and this Code, the Development Services Engineering ManagerPubliE
WE)F S DiFe *rt shall release the security remaining. If the work has not been completed
or repairs not made, then the City shall not release the security until such work is
completed per §20.12.895 (Use of Security Funds by the City). Partial release of the
security may be allowed provided that the developer provides a new security in the
amount specified in §20.12.850 (Amount of the Security) for the remaining work.
(7) Upon release of any recorded security mechanism a copy of the letter of release shall be
filed with the Snohomish County Auditor.
Section 23. Arlington Municipal Code section 20.12.880 shall be hereby amended as
follows:
20.12.99-5790 Use of Security Funds by the City.
(a) If during the period of time covered by a maintenance security, or after the date by which the
required work or improvements are to be completed under a performance security, the
Development Services Engineering Manager °r "�r-- lA.1c�„(sDiFester determines that the
security agreement has not been complied with, he shall notify the applicant of this. The
notice must state:
(1) The work that must be done or the improvements that must be made to comply with the
security agreement; and
(2) The amount of time, not to exceed 30 days, 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 security to have the required work or
improvements completed.
(b) If the work or improvements covered by the security are not completed within the time
specified in the notice the City shall obtain the proceeds of the security and shall cause such
work to be completed.
(c) The applicant is responsible for all costs incurred by the City in administering, maintaining, or
making the improvements covered by the security(s). The City shall release or refund any
proceeds of a performance or maintenance security remaining after subtracting all costs for
doing the work or making the improvements covered by the security. The applicant shall
reimburse the City for any amount expended by the City that exceeds the proceeds of the
security. The City may file a lien against the subject property for the amount of any excess.
(d) In each case where the City uses any of the funds of a security, it shall give the applicant an
itemized statement of all funds used.
Section 24. Severability. Should any section, paragraph, sentence, clause or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
ORDINANCE NO. 2026-008 9
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state
or federal law or regulation, such decision or pre-emption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 25. Effective Date. The title of this ordinance which summarizes the contents
shall be published in the official newspaper of the City. This ordinance shall take effect and be in
full force five (5) days after the date of publication as provided by law.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor Pro Tern
this 20th day of April, 2026.
CITY OF ARLINGTON
--m 6x(tl, �
Michele B ythe, Mayo Pro Tem
ATTEST:
Wend*VaDer Meersche, City Clerk
Oskar Rey, City Attorney
ORDINANCE NO. 2026-008 10
CERTIFICATION OF ORDINANCE
I, Wendy Van Der Meersche, being the duly appointed Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance No.
2026-008 was approved at April 20, 2026 City Council meeting.
ORDINANCE NO. 2026-008
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 20.12
OF THE ARLINGTON MUNICIPAL CODE REGARDING
ADMINISTRATIVE MECHANISMS
UNDER CITY PLANNING NO. PJ25-0037"
A true and correct copy of the original ordinance is attached.
Dated this 21st day of April 2026.
Wendy Van Der Meersche
City Clerk for the City of Arlington