HomeMy WebLinkAbout2010-009ORDINANCE NO. 2010-009
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WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require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. 2010-009
(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. 2010-009 2
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. 2010-009
(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.
(1) "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.
(in) "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. 2010-009 4
(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. 2010-009
(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. 2010-009 6
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. 2010-009 7
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. 2010-009
12.18.050 Street vacations -Hearin.
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. 2010-009 9
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. 2010-009 10
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.
Section 24,
Section 25.
Section 26.
Section 27.
Section 28.
Section 29.
Section 30.
Section 31.
follows:
Arlington Municipal Code Section 12.20.040 is repealed in its entirety.
Arlington Municipal Code Section 12.20.050 is repealed in its entirety.
Arlington Municipal Code Section 12.20.060 is repealed in its entirety.
Arlington Municipal Code Section 12.20.070 is repealed in its entirety.
Arlington Municipal Code Section 12.20.080 is repealed in its entirety.
Arlington Municipal Code Section 12.20.090 is repealed in its entirety.
Arlington Municipal Code Section 12.20.100 is repealed in its entirety.
Arlington Municipal Code Section 12.20.110 is repealed in its entirety.
Arlington Municipal Code Section 12.24.010 is amended to read as
Ordinance No. 2010-009 11
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. 2010-009 12
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. 2010-009 13
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. 2010-009 14
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--Recordinp, 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. 2010-009 15
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. 2010-009 16
(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. 2010-009 17
(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.
(1) "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. 2010-009 18
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. 2010-009 19
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. 2010-009 20
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. 2010-009 21
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. 2010-009 22
(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. 2010-009 23
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. 2010-009 24
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. 2010-009 25
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. 2010-009 26
(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. 2010-009 27
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 "motortruck," 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. 2010-009 28
(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.
0) "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. 2010-009 29
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: 51 st 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.
0
Ordinance No. 2010-009 30
CITY OF ARLINGTON
aa
MargareU,arson, Ma or
ATTEST:
Kristi anfield, City CIA
APPROVED AS TO FORM:
Sldven J/PUfflcWy Attorney
Ordinance No. 2010-009 31
SUMMARY OF ORDINANCE ADOPTION
You are hereby notified that on May 17, 2010, the City Council of the City of
Arlington, Washington, did adopt Ordinance No. 2010-009 entitled,
"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."
This ordinance is effective five days from its passage and publication.
The full text of the ordinance is available to interested persons and will be mailed
upon request.
. S
Kristin Banfield
City Clerk
City of Arlington
CERTIFICATION OF ORDINANCE
I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance
#2010-009 was approved at the May 17, 2010 City Council meeting.
ORDINANCE #2010-009
"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."
A true and correct copy of the original ordinance is attached.
Dated this 18th day of May 2010.
Kristin anfeld
City Clerk for the City of Arlington