HomeMy WebLinkAbout2011-002 ORDINANCE NO. 2011-002
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTERS 20.08, 20.40, 20.44, 20.72 AND 20.98 OF TITLE 20 OF THE
ARLINGTON MUNICIPAL CODE FOR THE PURPOSE OF COMPLIANCE WITH RCW
35A.63.107 AND THE DEVELOPMENT OF ELECTRIC VEHICLE INFRASTRUCTURE
WHEREAS, the City of Arlington, Washington has the authority to regulate land uses
within the City; and
WHEREAS, the City of Arlington has adopted a land use code and development design
guidelines; and
WHEREAS, following adoption of said land use code, various technical corrections or
amendments are necessary to provide for internal consistency and to improve the code; and
WHEREAS, the Revised Code of Washington (RCW) 35A.63.107 requires that the City
of Arlington must allow electric vehicle infrastructure as a use in all areas except those zoned for
residential or resource use or critical areas; and
WHEREAS, the State Legislature finds the development of electric vehicle infrastructure
to be a critical step in creating jobs, fostering economic growth, reducing greenhouse gas
emissions, reducing our reliance on foreign fuels, and reducing the pollution of Puget Sound
attributable to the operation of petroleum-based vehicles on streets and highways; and
WHEREAS, the purpose of this act is to encourage the transition to electric vehicle use
and to expedite the establishment of a convenient, cost-effective, electric vehicle infrastructure
that such a transition necessitates; and
WHEREAS, during the 2009 session the Washington State Legislature passed House Bill
1481 (HB 1481), an Act relating to electric vehicles. The Bill addressed electric vehicle
infrastructure including the structures, machinery, and equipment necessary and integral to
support an electric vehicle, including battery charging stations, rapid charging stations, and
battery exchange stations; and
WHEREAS, the purpose of 2SHB 1481 is to encourage the transition to electric vehicle
use and to expedite the establishment of a convenient and cost-effective electric vehicle
infrastructure that such a transition necessitates; and
WHERAS, this ordinance regarding electric vehicle infrastructure and batteries, revising
Title 20 of the Arlington Municipal Code, contains five sections of findings, as follows: Chapter
20.08 Basic Definitions and Interpretations, Chapter 20.40 Permissible Uses, Chapter 20.44
Supplemental Use Regulations, Chapter 20.72 Parking, and Chapter 20.98 SEPA; and
WHEREAS, the Planning Commission considered these amendments at their January 20,
ORDINANCE NO. 2011-002 1
2011 meeting and at a public hearing on February 1, 2011, in which the Planning Commission
recommended to the City Council to adopt the amendments. The City Council considered these
amendments at their January 24, 2011 workshop and at a public hearing on February 7, 2011 and
determined approving the amendments was in the best interest of the City and its citizens; and
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. Arlington Municipal Code §20.08.010 shall be amended to add the
following additional definitions:
20.08.010 Definitions of Basic Terms.
Battery Charging Station. An electrical component assembly or cluster of component
assemblies designed specifically to charge batteries within electric vehicles, which meets
or exceed any standards, codes, and regulations set forth in Chapter 19.28 RCW and
consistent with rules adopted under RCW 19.27.540.
Battery Electric Vehicle (BEV). Any vehicle that operates exclusively on electrical
energy from an off-board source that is stored in the vehicle's batteries, and produces
zero emissions or pollution when stationary or operating.
Battery Exchange Stations. A fully automated facility that will enable an electric vehicle
with a swappable battery to enter a drive lane and exchange the depleted battery with a
fully charged battery through a fully automated process, which meets or exceeds any
standards, codes, and regulations set forth by Chapter 19.27 RCW and consistent with
rules adopted under RCW 19.27.540.
Charging Levels. Means the standardized indicators of electrical force, or voltage, at
which an electric vehicle's battery is recharged. The terms 1, 2, and 3 are the most
common EV charging levels, and include the following specifications:
1. Level 1 is considered slow charging.
2. Level 2 is considered medium charging.
3. Level 3 is considered fast or rapid charging.
Level 1 is present in homes and businesses and typically operates on a 15- or 20-amp
breaker on a 120-volt Alternating Current(AC) circuit and standard outlet.
Level 2 is expected to become the standard for home and public charging and typically
operates on a 40-amp to 100-amp breaker on a 208 or 240-volt AC circuit.
Level 3 is primarily for commercial and public applications (e.g., taxi fleets and charging
along freeways) and typically operates on a 60-amp or higher dedicated breaker on a 480-
volt or higher three-phase circuit with special grounding equipment. Note that the term
ORDINANCE NO. 2011-002 2
"Level 3" is recommended to identify the increased power need in a numerical fashion
(i.e., "3"), but the Level 3 charging level is also sometimes referred to as "Fast" charging
and "Rapid" charging (see definition of Rapid Charging Station below).
Electric Scooters and Motorcycles. Means any 2 or 3-wheel vehicle that operates
exclusively on electrical energy from an off-board source that is stored in the vehicle's
batteries and produces zero emissions or pollution when stationary or operating.
Electric Vehicle. Means any vehicle that operates, either partially or exclusively, on
electrical energy from the grid, or an off-board source, that is stored on-board for motive
purpose. "Electric vehicle" includes: (1) a battery electric vehicle [BEV]; (2) a plug-in
hybrid electric vehicle [PHEV]; (3) a neighborhood electric vehicle; and (4) medium-
speed electric vehicle.
Electric Vehicle Charging Station. Means a public or private parking space that is served
by battery charging station equipment that has as its primary purpose the transfer of
electric energy (by conductive or inductive means) to a battery or other energy storage
device in an electric vehicle. An electric vehicle charging station equipped with Level I
or Level 2 charging equipment is permitted outright as an accessory use to any principal
use.
Electric vehicle charging station—public. Means an electric vehicle charging station that
is (1) publicly owned and publicly available (e.g., Park & Ride parking, public library
parking lot) or (2) privately owned and publicly available (e.g., shopping center parking,
non-reserved parking in multi-family parking lots).
Electric vehicle charging station — restricted. Means an electric vehicle charging station
that is (1) privately owned and restricted access (e.g., single-family home, executive
parking, designated employee parking) or (2) publicly owned and restricted (e.g., fleet
parking with no access to the general public).
Electric Vehicle Infrastructure. Means structures, machinery, and equipment necessary
and integral to support an electric vehicle, including battery charging stations, rapid
charging stations, and battery exchange stations.
Electric vehicle parking space. Means any marked parking space that identifies the use to
be exclusively for the parking of an electric vehicle.
Electric vehicle waiting space. An off-street parking space where an electric vehicle,
plug-in hybrid electric vehicle, electric scooters, and motorcycles wait to use a public
electric vehicle charging station.
Medium-speed Electric Vehicle. Means a self-propelled, electrically powered four-
wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose
speed attainable in one mile is more than 25 miles per hour but not more than 35 miles
per hour and otherwise meets or exceeds the federal regulations set forth in 49 C.F.R.
ORDINANCE NO. 2011-002 3
Sec. 571.500.
Neighborhood Electric Vehicle. Means a self-propelled, electrically powered four-
wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour
and not more than 25 miles per hour and conforms to federal regulations under Title 49
C.F.R. Part 571.500.
Non-electric Vehicle. Any vehicle not defined as an electric vehicle as defined above
under `Electric Vehicle'.
Plug-in Hybrid Electric Vehicle (PHEV). Means an electric vehicle that (1) contains an
internal combustion engine, and also allows power to be delivered to the drive wheels by
an electric motor; (2) is able to recharge its battery by connecting to the grid or other off-
board electrical source; and (3) has the ability to travel short distances (typically 10 miles
or more)powered all, or substantially all, by electricity.
Rapid Charging Station. Means an industrial grade electrical outlet that allow for faster
recharging of electric vehicle batteries through higher power levels, which meets or
exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and
consistent with rules adopted under RCW 19.27.540.
Section 2. Arlington Municipal Code §20.40 shall be amended to add the following
to Table 20.40-1:
Table 20.40-1: Table of Permissible Uses.
ZONES
USE DESCRIPTIONS SR I RLMD RMD RHD OTR N OTBD OTBD I OTBD GC H BP L G PISP
C 1 2 3 C I I AF MS
9.000 MOTOR VEHICLE-RELATED
SALES AND SERVICE
OPERATIONS
9.180 Electric Vehicle Infrastructure P24 E21 Pze P23 P23 P P P P P P P21 P P P P P24
Footnotes to the Table of Permissible Uses
23 Battery charging stations only, limited in use only to the tenants or customers of the
development located on-site.
24 Level 1 and Level 2 restricted electric charging stations only. Level 3 public electric
charging stations allowed in public parks.
21 Level 1 and Level 2 restricted electric charging stations only.
26 Accessory to primary use only, not to exceed twenty percent (20%) of primary use.
Section 3. A new Arlington Municipal Code §20.44.098 shall be added to read as
follows:
20.44.098 Electric Vehicle Infrastructure.
ORDINANCE NO. 2011-002 4
(a) Pu ose. This section is to establish "electric vehicle infrastructure" (EVI)
regulations for the City to allow EVI and meet the intent of the Revised Code of
Washington (RCW) requiring the City to allow EVI in all zones except for residential
zones.
(b) Electric Vehicle Infrastructure—Where Allowed.
Electric vehicle infrastructure is allowed as specified in Table 20.40-1: Table of
Permissible Uses, Chapter 20.44 Permitted Uses, Arlington Municipal Code (AMC).
(c) Battery Charging Station or Rapid Charging Station — Retrofitting in Existing
Development.
1. Required off-street parking spaces within any existing development listed within
the zones listed below may be converted to battery charging station spaces or rapid
charging station spaces for BEV's and PHEV's, subject to the restrictions cited in the
Permitted Use chart (Table 20.40-1), provided that the battery charging and/or rapid
charging stations are accessory to the permitted use(s) on the property.
i. AMC 20.36.020(b)—Neighborhood Commercial (NC).
ii. AMC 20.36.020(c)—Old Town Business District (OTBD-1,2,3).
iii. AMC 20.36.020(d)—General Commercial (GC).
iv. AMC 20.36.020(e)— Highway Commercial (HQ.
v. AMC 20.36.020(f)— Business Park(BP)
vi. AMC 20.36.034—Aviation Flightline (AF).
vii. AMC 20.36.036—Medical Services (MS).
viii. AMC 20.36.040—Public/Semi-Public (P/SP).
2. At least .65 spaces shall be set aside as "electric vehicle waiting spaces" for each
Level 3 public electric vehicle charging station provided on site. Waiting spaces for
Level 1 and 2 public electric vehicle charging stations shall not be required.
3. The use of any charging station on-site shall not obstruct any vehicular or
pedestrian traffic on-site (such as waiting for a charging station space within a drive-aisle
or a designated pedestrian crossing) or within a public right-of-way (ROW).
4. Battery or rapid charging station spaces shall be designated for charging electric
vehicles only as provided under AMC 20.44.098(g). Non-electric vehicles or non
charging BEV's of PHEV's shall not be allowed. The type of signage designating these
spaces shall be approved by the City Manager or his designee.
(d) Electric Vehicle Charging Station Spaces—Allowed as Required Spaces.
1. Electric vehicle charging station spaces shall be allowed to be used in the computation
of required off-street parking spaces as provided under AMC 20.44.098(c), provided; that
the electric vehicle charging station/s is accessory to the primary use of the property.
2. If a publicly owned and publicly available Level 3 electric vehicle charging station/s is
provided on-site, .65 "electric vehicle waiting spaces" shall also be provided for each
electric vehicle charging station. These spaces shall be in addition to the off-street
parking spaces required under AMC 20.44.098(c).
(e) Off-street Electric Vehicle Charging Station Spaces.
ORDINANCE NO. 2011-002 5
1. Number. No minimum number of charging station spaces is required.
2. Location and Design Criteria. The provision of electric vehicle parking will vary
based on the design and use of the primary parking lot. The following required and
additional locational and design criteria are provided in recognition of the various parking
lot layout options.
i. Where provided, parking for electric vehicle charging purposes is required to
include the following:
aa. Signage. Signage, as required under AMC 20.44.098(g) for each charging
station space, shall be posted indicating the space is only for electric
vehicle charging purposes. Days and hours of operations shall be included
if time limits or tow away provisions are to be enforced.
bb. Maintenance. Charging station equipment shall be maintained in all
respects, including the functioning of the charging equipment. A phone
number or other contact information shall be provided on the charging
station equipment for reporting when the equipment is not functioning or
other problems are encountered.
cc. Accessibility. Where charging equipment is provided within an adjacent
pedestrian circulation area, such as a sidewalk or accessible route to the
building entrance, the charging equipment shall be located so as not to
interfere with accessibility requirements of WAC 51-50-005.
dd. Lighting. Where charging station equipment is installed, adequate site
lighting shall exist, unless charging is for daytime purposes only.
ii. Parking for electric vehicles should also consider the following:
aa. Notification. Information on the charging station, identifying voltage and
amperage levels and any time of use, fees, or safety information.
bb. Signage. Installation of directional signs at the parking lot for entrance and
at appropriate decision points to effectively guide motorists to the charging
station space(s).
3. Data Collection. To allow for maintenance and notification, owners of any private
new electric vehicle infrastructure station that will be publicly available (see definition
"electric vehicle charging station — public"), shall provide information on the station's
geographic location, date of installation, equipment type and model, and owner contact
information. This information shall be submitted to the Community Development
Department.
(f) Accessible Electric Vehicle Charging Stations. Where electric vehicle charging
stations are provided in parking lots or parking garages, accessible vehicle charging
stations shall be provided as follows:
1. Accessible electric vehicle charging stations are provided in the ratios shown in the
following table 20.44-1.
ORDINANCE NO. 2011-002 6
Table 20.44-1: Accessible Electric Vehicle Charging Station Requirements
Number of EV Minimum Accessible
Charging Stations EV Charging
Stations
1-50 1
51-100 2
101-150 3
151-200 4
201-250 5
251-300 6
2. Accessible electric vehicle charging stations should be located in close proximity to
the building or facility entrance and shall be connected to a barrier-free accessible route
of travel. It is not necessary to designate the accessible electric vehicle charging station
exclusively for the use of disabled persons. Below are two options for providing for
accessible electric vehicle charging stations.
Figure 20.44-1: Off-street accessible electric vehicle charging station—Option 1
/Wheelstops
Qesignaled V I I
Accessible Space I I
wlth60'ar96' Regular 1 Regular Regular SlrkJinpdbsrerhto
accessible aisle Parking Parking Parking Wftle lig eegmiar
Space I Space I Space
I ® 1 I
ied
Accessible EV Charging Station I f
-Includes charging equipment,signage, ' EV I
and barrier free routes to charging I 1 sgnage _
equipment and the building_ —— — yGuidance
•The barrier free area adjacent to the '
Accessible EV Station shall be striped and EV
be a minimum of 44"wide. I l
Regular 1
EV Charging Station Packing
•Charging equipment and signage Space I
Photo-Puget Sound area parking garage (Source: ECOtality North America).
ORDINANCE NO. 2011-002 7
Figure 20.44-2: Off-street accessible electric vehicle charging station—Option 2
W
w i Regular I Regular _
or
ac r]EV ParMlnq 1 Parking
1 Space 1 Space
t 1
,7 1 I
Regular I
Packing ,
Accessible EV Charging Station Space _
Includes charging equipment,signage,
and barrier Free routes to charging
equipment and the building. Regular jl —
'The barrier frea area adjacent to the Parking
Designated Accessible Space shall be space I I _
striped and be 60"or 96'wide. — — — —
EV-
EV Charging Station
•Charging equipment and signage — —
Photo- Fashion Island Shopping Mall,Newport Beach, CA (Source: Light Moves).
(g) Electric Vehicle Charging Station Spaces—Signag_e.
1. Off-street public electric vehicle charging station spaces shall provide the following
signage.
Figure 20.44-3: Directional—Off-street Parking Lot or Parking Garage
ELECTRIC
� ■ GING 12" x 12"
STATION
r
12" x 6"
Note: The directional sign for an on-site parking lot or parking garage should be used in
the parking facility with a directional arrow at all decision points.
ORDINANCE NO. 2011-002 8
Figure 20.44-4: Off-street EV Parking—Parking Space with Charging Station Equipment
ELECTRIC
VEHICLE
12" x 12"
CHARGING
STATION
12"x 18"
EXCEPT FOR
ELECTRIC
VEHICLE
CHARGING
HOUR'
CHARGING 12"x 18"
7AM To 6pm
Note: Combination sign identifying space as an electric vehicle charging station,
prohibiting non-electric vehicles, with charging time limits. The use of time limits is
optional. The blue/white and red/black signs define that only an electric vehicle that is
charging can use the spaces. The green sign defines time limits for how long an electric
ORDINANCE NO. 2011-002 9
vehicle can be in the space during the specified hours. Outside of the specified hours,
electric vehicles can charge for an indefinite period of time.
(h) Stacking Spaces for Electric Vehicle Battery Exchange Stations. Electric vehicle
battery exchange stations shall provide three (3) stacking spaces. A stacking space shall be
an area measuring eight(8) feet by twenty (20) feet with direct forward access to the
battery exchange bay. A stacking space shall be located to prevent any vehicles from
extending onto the public right-of-way, or interfering with any pedestrian circulation,
traffic maneuvering, or other required parking areas. Stacking spaces may not be counted
as required off-street parking spaces.
Section 5. Arlington Municipal Code §20.72, Table 20.72-1: Table of Parking
Requirements, shall be amended to add the following:
9.180 I space per employee, plus .65 spaces for customers waiting to use rapid charging
station(Required only if the use is the primary use on the property).
Section 6. Arlington Municipal Code §20.98.080 shall be amended by adding the
following sentence to the end of said section:
The City also adopts and incorporates by reference the provisions of RCW
43.21 C.410,Battery charging and exchange station installation.
Section 7 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 8. 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 of the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this 7t" day of
February , 2011.
CITY OF ARLINGTON
Marga a Larson, Nfayor
ORDINANCE NO. 2011-002 10
ATTEST:
4Kristi
Oa:nf
, `eeld, City Clerk
-- a
APPROVED TO AS FORM:
Ste en J. P if , 6 yAttome—y
ORDINANCE NO. 2011-002 11
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
#2011-002 was approved at the February 7, 2011 City Council meeting.
ORDINANCE #2011-002
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTERS 20.08, 20.40, 20.44, 20.72 AND 20.98 OF TITLE 20 OF THE
ARLINGTON MUNICIPAL CODE FOR THE PURPOSE OF COMPLIANCE WITH
RCW 35A.63.107 AND THE DEVELOPMENT OF ELECTRIC VEHICLE
INFRASTRUCTURE."
A true and correct copy of the original ordinance is attached.
Dated this 9th day of February 2011.
Kris Banfield
City Clerk for the 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
#2011-002 was approved at the February 7, 2011 City Council meeting.
ORDINANCE #2011-002 .
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTERS 20.08, 20.40, 20.44, 20.72 AND 20.98 OF TITLE 20 OF THE
ARLINGTON MUNICIPAL CODE FOR THE PURPOSE OF COMPLIANCE WITH
RCW 35A.63.107 AND THE DEVELOPMENT OF ELECTRIC VEHICLE
INFRASTRUCTURE."
A true and correct copy of the original ordinance is attached.
Dated this 9th day of February 2011.
Krist Banfie d
City Clerk for the City of Arlington