HomeMy WebLinkAbout12-05-2011_Council Meeting Packet
Arlington City Council
December 5, 2011 – 7 PM
City Council Chambers
110 E. Third
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
-Cornerstone Award ~ Absolute Airpark
PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda.
Please limit remarks to three minutes
CONSENT AGENDA
1. Minutes of the November 21 & 28, 2011 meetings ATTACHMENT A
2. Accounts Payable
3. Request for Authorization to apply for tourism grant funds ATTACHMENT B
4. 2011 AC Water Main Project Closeout ATTACHMENT C
5. Appoint Jerrie Inman to Library Board ATTACHMENT D
PUBLIC HEARING
1. 2012 Budget ATTACHMENT E
UNFINISHED BUSINESS
1. Ordinance adopting the Shoreline Management Plan ATTACHMENT F
2. Ordinance adopting the FEMA Flood Plain Regulations ATTACHMENT G
NEW BUSINESS
1. Interlocal Agreement with Stillaguamish Tribe of Indians ATTACHMENT H
adopting a framework for a government-to-government relationship
2. Advanced Arlington Manufacturing Center Binding Site Plan ATTACHMENT I
3. Approval of 67th ROW, Package #3 ATTACHMENT J
4. 2011 Centennial Trail Project Closeout ATTACHMENT K
5. Joint Resolution for Manufacturing Industrial Center ATTACHMENT L
DISCUSSION ITEMS
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
-To review collective bargaining negotiations, grievances, or discussions regarding the interpretation
or application of a labor agreement [RCW 42.30.140(4)]
RECONVENE
ADJOURNMENT
DRAFT
Page 1 of 3
Council Chambers
110 East Third
November 21, 2011
City Council Members Present by Roll Call: Dick Butner, Sally Lien, Marilyn Oertle, Chris
Raezer, Debora Nelson, and Steve Baker
Council Members Absent: Linda Byrnes (excused)
City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase, Police
Chief Nelson Beazley, Police Staff: Mike Keating, Lisa Teter, Jason Rhodes, Peter Barrett and
Rory Bolter; Fire Chief Bruce Stedman, Fire Staff: Phil Knepper, Brian Price, Justin Honsowetz,
Wayne Mitchell, James Bradfield, Jason Brisson, Dan Hargroves, Doug Schmidt, Tom Cooper,
Justin Pickens, and Scott Hillis; Jim Kelly, David Kuhl, Bryan Terry, Linda Taylor, Eric Scott, Bill
Blake, Cristy Brubaker, Monica Schlagel, Lynne Bridges, Elizabeth Chamberlin, Jan Bauer, and
Steve Peiffle – City Attorney
Also Known to be Present: Barbara Tolbert, Debora Nelson, Bob Nelson, Terry Marsh, Walt
Riebe, Bill Best, Mike Hopson, Randy Tendering, Sarah Arney – North County Outlook, and Ken
Klein
Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag
followed.
APPROVAL OF THE AGENDA
Steve Baker moved to approve the Agenda. Marilyn Oertle seconded the motion which passed
with a unanimous vote.
SWEARING IN
At this time Attorney Steve Peiffle swore in our new Council member Debora Nelson, who then
took her seat on the Council.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Eagle Scout Kennedy Englert - Recognition for Installation of 24 Fire Rings and 2 Picnic
Tables at Country Charm Park & Conservation Area.
Natural Resources Manager Bill Blake introduced Eagle Scout Kennedy Englert. With the use
of a power point presentation he showed pictures of the campfire rings installation process.
Scout Englert then shook the hands of the Council and introduced his mother. Information was
given by his Scout Master regarding the Eagle Scout status, stating that most Scouts that reach
Eagle Scout do so around the age of 17; Kennedy attained his before his 15th birthday.
Cornerstone Award – Donnelson Building
With the use of an overhead projection Special Projects Manager Paul Ellis reviewed the
Donnelson Building restoration process. Jim and Carla Donnelson were then presented the
Cornerstone Award by Mayor Larson.
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting DRAFT November 21, 2011
Page 2 of 3
Presentation by Christine Betchley, Stillaguamish River Clean Water District Board
Christine Betchley introduced John Connelly, both from the Stillaguamish River Clean Water
District Board, and they presented the City of Arlington a certificate of appreciate for the
outstanding contributions to the enhancement and protection of water resources in the
Stillaguamish Watershed. Ms. Betchley then listed some of the successful projects in which the
City has been involved, and they presented the City this award.
PUBLIC COMMENT
There was no one in the audience who wished to speak to matters not on the Agenda.
CONSENT AGENDA
Steve Baker moved and Chris Raezer seconded the motion to approve the Consent Agenda
which was unanimously carried to approve the following Consent Agenda items:
1. Minutes of the November 7, 14, and 16, 2011 meetings
2. Accounts Payable
Electronic Payments and Claims Checks #75115 through #75245 dated November 8,
2011 through November 21, 2011 in the amount of $1,460.947.14
3. Waste Management Northwest Contract Amendment #2
PUBLIC HEARING
It was announced that the Public Hearing on the 2012 Budget will be continued to Monday,
December 5, 2011 at 7pm. The Public Hearing has been re-noticed in the newspapers.
UNFINISHED BUSINESS
There was no Unfinished Business.
NEW BUSINESS
Shoreline Management Plan
City Attorney Steve Peiffle asked that this item be pulled from the agenda for a format change to
the adopting ordinance. He then asked for Council concerns, and there were none.
FEMA Flood Plain Regulations Adoption
City Attorney Peiffle asked that this be pulled, as well, for a rewrite of the adopting ordinance.
There were no objections.
Legion Park Restroom Bids
Paul Ellis noted the bids for the Legion Park Restrooms. This project is funded entirely with
grant money. He noted that Lone B. Construction has been selected to do the building
construction only.
Marilyn Oertle moved to authorize the Mayor to sign a contract with Lone B. Construction for the
Legion Park Restroom Project. Sally Lien seconded the motion that passed with a unanimous
vote. Mr. Ellis noted that most of the utilities are already in place.
Lease Agreement with the Arlington Food Bank
Paul Ellis reviewed the history of the requested Food Bank lease agreement. Steve Baker
voiced his concern that this has not been seen by the Council before this time. Mr. Ellis then
answered Council questions, and discussion followed.
Steve Baker made a motion to move the Lease Agreement with the Arlington Food Bank to a
future workshop. Dick Butner seconded the motion which passed with a unanimous vote.
Minutes of the City of Arlington City Council Meeting DRAFT November 21, 2011
Page 3 of 3
EMS Contracts for Fire Districts #21, #24, & #25
Fire Chief Bruce Stedman asked for Contract Renewal approval.
Sally Lien moved to authorize the Mayor to sign the agreements with Districts #21, #24, & #25
for EMS Services. Dick Butner seconded the motion that passed with a unanimous vote.
Resolution Adopting Property Taxes for 2012
Finance Director Jim Chase spoke to the requested 2012 Property Tax Levies. He then
answered Council questions.
Steve Baker moved to adopt the proposed Resolution setting the property tax levies for 2012.
Sally Lien seconded the motion that passed with a unanimous vote.
DISCUSSION ITEMS
2012 Budget
With the use of a power point presentation and the hard copy distributed at this time to those in
attendance, City Administrator Allen Johnson continued last week’s examination of the 2012
Budget. He asked that a final Budget direction be obtained at next week’s workshop. Mr.
Johnson reviewed the Budget, as revised by last week’s Council suggestions, and asked that
the Council consider the 1/10 of 1% sales tax increase that would go toward Public Safety.
Discussion followed where Mr. Johnson answered Council questions.
MAYOR’S REPORT
Mayor Margaret gave a report on meetings and events she had recently attended.
COUNCIL MEMBER REPORTS – OPTIONAL
Debora Nelson gave a brief report, while Dick Butner, Sally Lien, Marilyn Chris and Steve had
nothing to report at this time.
EXECUTIVE SESSION
City Attorney announced that there would not be need for an Executive Session.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 7:50PM.
____________________________
Margaret Larson, Mayor
DRAFT
Page 1 of 2
Council Chambers
110 East Third Street
November 28, 2011
Dick Butner Sally Lien, Marilyn Oertle, Chris Raezer, Linda Byrnes, Steve Baker, Debora Nelson, Mayor
Larson, Allen Johnson, Kristin Banfield, Jim Chase, Police Chief Nelson Beazley, Fire Chief Bruce
Stedman, Tom Cooper, Doug Schmidt, Brian Price, Justin Honsowetz, Matt Allen, Jason Brisson, Wayne
Mitchell, Gary Carver, Curtis Mussal, Elizabeth Chamberlin, Monica Schlegel, Seth Kinney, Jason
Rhodes, Rory Bolter, Jonathan Ventura, Jim Kelly, Eric Scott, Julie Good, David Kuhl, Todd Hall, Bill
Blake, Linda Taylor, Roxanne Guenzler, Cristy Brubaker, Paul Ellis, Jan Bauer, Steve Peiffle – City
Attorney
Council Members Absent: There were no Council members absent.
Also Known to be Present: Sarah Arney – North County Outlook, Ken Klein, Mike Hobson, Mayor Elect
Barbara Tolbert, Shawn Yanity, Brent Nicholson, Lane Bachman, and Randy Tendering
Mayor Larson called the meeting to order at 7:00PM.
Steve Baker moved to approve the Agenda, and Marilyn Oertle seconded the motion, which passed with
a unanimous vote approving the Workshop Agenda.
WORKSHOP ITEMS ~ NO FINAL ACTION WAS TAKEN
Interlocal Agreement with Stillaguamish Tribe of Indians Adopting a Framework for a Government-
to-Government Relationship
Natural Resources Manager Bill Blake introduced Shawn Yanity, Chair of the Stillaguamish Tribe and
John Miller Executive Director of the Stillaguamish Tribe. Both noted the positive partnership between
the City and the Tribes and they asked that the Council pass the Interlocal agreement.
TIB Grant Award for 67th Ave NE Phase III Project
Public Works Director Jim Kelly stated that the City has received a construction grant of $6,049,731 to
fund the 67th Avenue Project third and final phase. This Project should begin early April to May 2012. Mr.
Kelly answered Council questions throughout his presentation, including which City monies are being
used for project funding.
67th ROW, Package #3
Mr. Kelly spoke to the finalization of the 67th Right of Way easements and dedications, and noted that
several small portions still need to be acquired. Discussion and clarification followed.
2011 AC Water Main Project Closeout
Mr. Kelly stated that this letter which would close out the project.
Stillaguamish Overlay Project Closeout
Mr. Kelly noted that there is a correction regarding the tax, and the numbers will change slightly. He
stated that this is a partnership project with the Stillaguamish Tribe.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Meeting DRAFT November 28, 2011
Page 2 of 2
2011 Centennial Trail Project Closeout
Mr. Kelly stated that, for the most part, the project is complete. He then answered Council questions,
specifically, where the City limits exist along 67th Street and the width of the Centennial trail. He will bring
that information to the next Council meeting.
Manufacturing/Industrial Center (MIC) Comprehensive Plan Amendments
With the use of a power point presentation Community Development Director David Kuhl and Associate
Planner Todd Hall presented the MIC Comprehensive Plan Amendments, addressing questions and
locating the area on a map. Throughout the presentation Mr. Hall and Mr. Kuhl answered Council and
Staff questions.
Mr. Kuhl addressed a joint Marysville – Arlington agreement, which would also include the Tulalip Tribes
in the near future, and he spoke to issues regarding the Agreement between these three entities which
could benefit the MIC. Mr. Kuhl and City Administrator Allen Johnson answered Council questions.
Advanced Arlington Manufacturing Center Binding Site Plan
Mr. Kuhl addressed the Advanced Arlington Manufacturing Center Binding Site Plan. The existing project
is on the former Bayliner property, a 24-lot area that includes 16 buildings (for sale and lease) with
infrastructure. Mr. Hall, along with Assistant to the City Administrator for Special Projects Paul Ellis and
Mr. Kuhl addressed Council questions. The developers were present at this meeting, and at this time Mr.
Brent Nicholson answered Council questions and praised to the City staff working with him.
Sublease with Arlington Food Bank
Mr. Ellis gave a history of the current Food Bank and spoke to the cost savings that would occur should
this sublease be approved. During the presentation Mr. Ellis answered several Council questions. Steve
Baker and Dick Butner voiced questions regarding the proposed 25 to 50 year lease agreement. Mr.
Butner suggested that this issue be discussed at the Council Retreat. A lengthy discussion followed and it
was decided to present this item at the Council at their next meeting.
Request for Authorization to Apply for Tourism Grant Funds
Mr. Ellis reviewed the Requests for Grant Funds and he noted that these are not matching funds. Mr.
Ellis then answered Council questions.
2012 Budget
With the use of a power point presentation City Administrator Allen Johnson reviewed the Options for
Closing Deficit in the General Fund, as presented at the last meeting. He asked for Council direction. A
very lengthy discussion followed. During this discussion Mayor Elect Barbara Tolbert was requested to
speak, and she also addressed the Council in regards to the Budget. Also noted by Council was that was
an expectation they participate in solving budget problems, as opposed to approving an already balanced
budget, as in the past. At the conclusion Mr. Johnson recapped and reviewed decisions made at
tonight’s meeting. This will go to a Public Hearing at the next Council meeting.
The meeting was adjourned at 9:44PM.
____________________________
Margaret Larson, Mayor
City of Arlington
Council Agenda Bill
AGENDA ITEM:
CONSENT AGENDA #3
ATTACHMENT B
COUNCIL MEETING DATE:
December 5, 2011
SUBJECT:
Request for Authorization to apply for
tourism grant funds
DEPARTMENT OF ORIGIN:
Executive
Contact: Sarah Lopez, 360-403-3448
ATTACHMENTS:
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY:
LEGAL REVIEW: no
DESCRIPTION: Requesting approval to apply for the following grants:
• Snohomish County Tourism Promotion Area grant $17,000 for entryway signs
• Snohomish County Tourism Promotion Projects Assistance Program $46,000 for
improvements to Country Charm Park
• City of Arlington Tourism Economic Development Grant
1. $46,000 for Country Charm Park Improvements
2. $5,200 for Eagle Festival Event
3. $8,500 for summer outdoor events (Music in the Park, Shakespeare, Outdoor
Movies)
4. $6,300 for video equipment for promotions of Arlington
5. $9,456 for artistic banners for Arlington
6. $17,000 for entryway signs
HISTORY:
ALTERNATIVES: Do not authorize, or authorize partially.
RECOMMENDED ACTION:
Authorize the City to apply for these grants.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
CONSENT AGENDA #4
ATTACHMENT C
COUNCIL MEETING DATE:
December 5, 2011
SUBJECT:
2011 AC Water Main Replacement Project
Construction Acceptance
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
• Attached Letter of Construction Acceptance
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: 405 – Water CIP Fund
LEGAL REVIEW: Pending Final review by City Attorney
DESCRIPTION:
Council is being asked to approve the project acceptance letter for the 2011 AC Water Main
Replacement Project completed by Welch Brothers Construction.
HISTORY:
Following a competitive bid, Welch Brothers Excavation was awarded the 2011 AC Water
Main Replacement Project. The project has been completed to the terms of the contract and to
the satisfaction of the City. A summary of the construction costs is as follows:
2011 Project Funding $ 400,000.00
Engineer’s Estimate $ 397,763.82
Award to Welch Brothers $ 361,986.80
Final Construction Cost $ 357,339.08
ALTERNATIVES:
• Remand to staff for additional information
• Table pending further discussion
RECOMMENDED ACTION:
Motion to approve and authorize the Mayor to sign the Construction Acceptance Letter for the
2011 AC Water Main Replacement Project.
Construction Acceptance letter
DATE: November 30, 2011
TO: Mayor Margaret Larson and Arlington City Council
FROM: James X Kelly, Public Works Director
SUBJECT: PROJECT ACCEPTANCE
Project Title
2011 AC Water Main Replacement Project P02.338
Staff has certified the construction performed by Welch Brothers Construction as complete and
in compliance with the terms of the construction contract as awarded by the City Council.
The final accounting of the cost of the project is as follows:
Contract Award Amount $
361,986.80
Change Orders Added $
3,776.67
Change Orders Deducted $
Over-runs/Under-runs $
(8,424,39)*
Final Contract Cost $
357,339.08
*The project was based on estimated quantities, actual quantities on certain line items were less
resulting in a total project under run
Staff recommends official acceptance by the City. If you concur, please sign below:
On behalf of the City of Arlington, I accept the construction performed under the contract award
by the Arlington City Council for
2011 AC Water Main Replacement Project.
Mayor Margaret Larson Date
cc: City Council
Jim Chase, Finance Director
City of Arlington
Council Agenda Bill
AGENDA ITEM:
PUBLIC HEARING #1
ATTACHMENT E
COUNCIL MEETING DATE:
December 5, 2011
SUBJECT:
Public Hearing on the 2012 Budget
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- Ordinance adopting the 2012 Budget
- Utility Tax Ordinance
- Resolution for a ballot proposition for 0.1% sales tax increase to fund Public Safety services
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Complete
DESCRIPTION:
Council is requested to receive public comments on the proposed 2012 budget as required by
state Law.
ALTERNATIVES:
RECOMMENDED MOTION:
No action at this time. The Council will discuss the comments received at the hearing on
December 12, 2011. The Council will be requested to take action on December 19, 2011.
ORDINANCE NO. 2011-000
AN ORDINANCE ADOPTING THE CITY OF ARLINGTON BUDGET FOR THE YEAR 2012.
WHEREAS, subsequent to due notice and public hearing thereon, the City Council of the City of Arlington has approved
the annual budget for the year 2012; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON DO ORDAIN AS FOLLOWS:
Section One.The following expenditures budget containing the totals set forth for each fund for the year 2012
is hereby adopted.
BEGINNING ENDING
FUND FUND
FUND BALANCES REVENUES EXPENDITURES BALANCES
GENERAL FUND $0 $12,999,825 12,804,765$ $195,060
STREETS MAINTENANCE FUND 1,000 983,200 983,285 915
PROGRAM DEVELOPMENT FUND 10,000 100 0 10,100
GROWTH FUND 3,400,000 340,000 773,350 2,966,650
EMERGENCY MEDICAL SERVICES FUND 218,000 2,393,720 2,609,500 2,220
STREAM CORRIDOR RESTORATION FUND 20,000 250 17,000 3,250
LODGING TAX FUND 25,000 76,000 77,700 23,300
CEMETERY IMPROVEMENT FUND 15,000 193,675 200,925 7,750
LID #21 5,000 62,100 65,000 2,100
REET 1 FUND 10,000 126,100 102,700 33,400
REET 2 FUND 1,000 316,100 312,225 4,875
CAPITAL FACILITIES/BUILDING FUND 1,000 35,800 34,000 2,800
TRANSPORTATION IMPROVEMENT FUND 100,000 984,450 946,300 138,150
PARK IMPROVEMENT 100,000 55,600 152,000 3,600
CEMETERY CAPITAL IMPROVEMENTS FUND 0 10,100 0 10,100
WATER / SEWER FUND 1,850,000 8,631,500 9,097,821 1,383,679
AIRPORT FUND 5,000 2,982,955 2,947,404 40,551
WATER IMPROVEMENT FUND 2,675,000 861,000 2,173,050 1,362,950
SEWER IMPROVEMENT FUND 2,250,000 288,000 490,025 2,047,975
PUBLIC WORKS-UTILITIES ADMINISTRATION FUND 53,000 589,616 568,540 74,076
WWTP IMPROVEMENT 250,000 1,000 205,000 46,000
SURFACE WATER CIP FUND 110,000 182,250 175,000 117,250
AIRPORT RESERVE FUND 1,019,323 10,000 1,019,323 10,000
STORMWATER MANAGEMENT FUND 85,000 651,025 726,705 9,320
AIRPORT CIP 233,000 24,500 0 257,500
EQUIPMENT RENTAL MAINT & OPERATIONS FUND 10,000 425,710 429,400 6,310
EQUIP RENTAL DEPREC (REPLACEMENT) FUND 220,000 424,760 47,000 597,760
PUB WORKS MAINTENANCE & OPERATIONS FUND 130,000 949,100 1,061,150 17,950
CEMETERY ENDOWMENT FUND 190,000 8,000 2,500 195,500
CEMETERY PRE-NEED TRUST FUND 15,000 10,150 10,100 15,050
GRAND TOTAL ALL FUNDS 13,001,323$ 34,616,586$ 38,031,768$ 9,586,141$
Section Two.This Ordinance shall be in full force and effect on January 1, 2012.
PASSED by the City Council of the City of Arlington on this 5th day of December, 2011.
ATTEST:
Margaret Larson, Mayor
Kristin Banfield, City Clerk
Steve Peiffle, City Attorney
1
ORDINANCE NO. 2011-XXX
ORDINANCE NO. 2011-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING THE ARLINGTON MUNICIPAL CODE CHAPTER 3.16
TO INCREASE THE RATE OF UTILITY TAXES FOR ELECTRICAL,
COAXIAL TELEVISION CABLE TELEVISION, AND GARBAGE
SERVICES AND ADOPTING A SUNSET CLAUSE
WHEREAS, the City of Arlington, Washington has the authority to enact laws to
tax certain activities occurring within the City; and
WHEREAS, the City levies utility taxes upon providers of electrical, coaxial
cable television, and garbage services to the public; and
WHEREAS, the City Council believes it is in the best interest of its citizens to
increase the electrical, coaxial television cable, and garbage services utility taxes for the
purpose of ensuring the ability to continuing a reasonable level of services to the public;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain
as follows:
Section 1. Arlington Municipal Code section 3.16.040(1) shall be amended to
read as follows:
3.16.040 Business activities subject to tax – Amounts.
There shall be levied upon and shall be collected from all persons engaging in the
following utility business activities a utility gross receipts tax or license fee
measured by multiplying the rate specified times the gross income as follows:
(1) Upon every person engaged within the city in the business of selling or
supplying domestic water, sewer service, or stormwater service, a fee or
tax equal to five percent of the total gross income;
Section 2. Arlington Municipal Code section 3.16.040(2) shall be amended to
read as follows:
(2) Upon every person engaged within the city in or carrying on a coaxial
cable television business, a fee or tax equal to eight percent of the total gross
income from such business in the city during the current calendar year from
which the license is required;
ORDINANCE NO. 2011-XXX
Section 3. Arlington Municipal Code section 3.16.040(5) shall be amended to
read as follows:
(5) Upon every public utility district engaged in or carrying on the sale of
electricity within the city limits, a fee or tax equal to six percent of the total gross
revenue from such business in the city, except for revenues derived from the sale
of electricity for the purpose of resale;
Section 4. A new section Arlington Municipal Code section 3.16.040(6) shall
be added to read as follows:
(6) Upon every person engaged within the city in the business of collecting of
garbage and/or other wastes, a fee or tax equal to eight percent of the total gross
income.
Section 5. 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 6. Sunset Clause. This ordinance will automatically expire and sunset on
December 31, 2014 unless sooner extended, repealed, or amended by action of the
Arlington City Council.
Section 7. Effective Date. Section 3 of this ordinance shall be effective sixty-
one days from its adoption and publication as required by RCW 35.21.865. All other
sections of this ordinance shall be effective five days after adoption and publication.
PASSED BY the City Council and APPROVED by the Mayor this ________ day
of December, 2011.
CITY OF ARLINGTON
____________
Margaret Larson, Mayor
Attest:
______
Kristin Banfield, City Clerk
ORDINANCE NO. 2011-XXX
Approved as to form:
___________
Steven J. Peiffle, City Attorney
CURRENT CITY CODE
Arlington, Washington, Code of Ordinances >> Title 3 - REVENUE AND FINANCE >> Chapter
3.16.040 - OCCUPATION TAXES >>
Chapter 3.16 - OCCUPATION TAXES
3.16.040 - Business activities subject to tax—Amounts.
There is levied upon and shall be collected from all persons engaging in the following utility
business activities a utility gross receipts tax or license fee measured by multiplying the rate specified
times the gross income as follows:
(1)
Upon every person engaged within the city in the business of selling or supplying
domestic water, sewer service or collecting or disposing of garbage and/or sewage
or other wastes, a fee or tax equal to five percent of the total gross income;
(2)
Upon every person engaged within the city in or carrying on a coaxial television
cable distribution business, a fee or tax equal to six percent of the total gross
income from such business in the city during the current calendar year from which
the license is required;
(3)
Upon any telephone business there shall be levied a tax equal to six percent of the
total gross operating revenues, including revenues from intrastate toll, derived from
the operation of such business within the city;
(4)
Upon every person engaged within the city in or carrying on the sale, delivery,
distribution or furnishing of natural gas for domestic, business or industrial
consumption, a fee or tax equal to six percent of the total gross revenue from such
business in the city;
(5)
Upon every public utility district engaged in or carrying on the sale of electricity
within the city limits, a fee or tax equal to five percent of the total gross revenue from
such business in the city, except for revenues derived from the sale of electricity for
the purpose of resale.
PROPOSED CITY CODE
Arlington, Washington, Code of Ordinances >> Title 3 - REVENUE AND FINANCE >> Chapter
3.16.040 - OCCUPATION TAXES >>
Chapter 3.16 - OCCUPATION TAXES
3.16.040 - Business activities subject to tax—Amounts.
There is levied upon and shall be collected from all persons engaging in the following utility
business activities a utility gross receipts tax or license fee measured by multiplying the rate specified
times the gross income as follows:
(1)
Upon every person engaged within the city in the business of selling or supplying
domestic water, sewer service, or stormwater servicecollecting or disposing of
garbage and/or sewage or other wastes, a fee or tax equal to five percent of the
total gross income;
(2)
Upon every person engaged within the city in or carrying on a coaxial television
cable distribution business, a fee or tax equal to six eight percent of the total gross
income from such business in the city during the current calendar year from which
the license is required;
(3)
Upon any telephone business there shall be levied a tax equal to six percent of the
total gross operating revenues, including revenues from intrastate toll, derived from
the operation of such business within the city;
(4)
Upon every person engaged within the city in or carrying on the sale, delivery,
distribution or furnishing of natural gas for domestic, business or industrial
consumption, a fee or tax equal to six percent of the total gross revenue from such
business in the city;
(5)
Upon every public utility district engaged in or carrying on the sale of electricity
within the city limits, a fee or tax equal to five six percent of the total gross revenue
from such business in the city, except for revenues derived from the sale of
electricity for the purpose of resale.
(6)
Upon every person engaged within the city in the business of collecting or disposing
of garbage and/or other wastes, a fee or tax equal to eight percent of the total gross
income;
RESOLUTION NO. 2011-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARLINGTON, WASHINGTON, PROVIDING FOR THE
SUBMISSION TO THE QUALIFIED ELECTORS OF THE
CITY AT THE FEBRUARY 14, 2011 SPECIAL ELECTION OF
A PROPOSITION AUTHORIZING AN ADDITIONAL SALES
AND USE TAX AT THE RATE OF 0.1 PERCENT PURSUANT
TO RCW 82.14.450 TO BE USED EXCLUSIVELY FOR
CRIMINAL JUSTICE PURPOSES; PROVIDING A FORM OF
THE BALLOT PROPOSITION; ENTERING LEGISLATIVE
FINDINGS; AND PROVIDING DIRECTION TO STAFF.
WHEREAS, ensuring the protection and safety of the Arlington community is a
fundamental priority of the City of Arlington; and
WHEREAS, the recent economic downtown has significantly reduced the financial
resources available to the City, including the resources available for criminal justice activities;
and
WHEREAS, the Washington Legislature has recently amended RCW 82.14.450 to
authorize cities to submit a proposition to local voters approving a sales and use tax increase, the
revenues from which may be utilized for criminal justice purposes; and
WHEREAS, in accordance with RCW 82.14.450, the City Council desires to submit a
proposition to local voters authorizing an additional sales and use tax at the rate of 0.1 percent of
the selling price and 0.1 percent of the value of the article used, respectively, the revenues from
which will be used by the City exclusively for criminal justice purposes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Findings. The above recitals are hereby adopted as legislative findings by the
City Council. The City Council further finds that the best interests and general welfare of the
City of Arlington would be served by imposing a 0.1 percent increase in the local sales and use
tax rate and utilizing the revenues collected from said tax for criminal justice purposes.
Section 2. Election. The Snohomish County Auditor, as ex officio supervisor of elections,
is hereby requested to submit to the qualified electors of the City of Arlington the proposition set
forth in Section 3 of this resolution at the February 14, 2012 election to be held within the City.
Section 3. Ballot Proposition. The City Clerk is hereby authorized and directed, no later
than December 30, 2011, to certify the following proposition to the Snohomish County Auditor
in substantially the following form:
CITY OF ARLINGTON
PROPOSITION NO. ____
SALES AND USE TAX INCREASE FOR
CRIMINAL JUSTICE PURPOSES
The City Council of the City of Arlington has adopted Resolution
No. 2011-xxx concerning a sales and use tax pursuant to RCW
82.14.450. If approved, this proposition would authorize an
additional sales and use tax at the rate of 0.1 percent to be used
exclusively for criminal justice purposes. Should this proposition
be
APPROVED? ……………….
REJECTED? …………………
Section 4. Changes. The Mayor and City Attorney are authorized to make such minor
adjustments to the wording of such proposition as may be recommended by the Snohomish
County Auditor, provided that the intent of the proposition remains clear and consistent with the
intent of this resolution as approved by the City Council.
Section 5. Effective Date. This resolution shall take effect and be in full force
immediately upon passage by the City Council.
PASSED by the City Council of the City of Arlington this _____ day of
__________________, 2011.
CITY OF ARLINGTON
___________________________
Margaret Larson, Mayor
Attest:
_____________________________
Kristin Banfield, City Clerk
Approved as to form:
______________________________
Steven J. Peiffle
City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
UNFINISHED BUSINESS #1
ATTACHMENT F
COUNCIL MEETING DATE:
December 5, 2011
SUBJECT:
Shoreline Master Plan Adoption
DEPARTMENT OF ORIGIN:
Community Development – Bill Blake
ATTACHMENTS:
1. Ordinance to adopt the Updated SMP
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
Ordinance in review
DESCRIPTION:
This meeting will be to adopt the updated SMP and appendices A Maps, B Shoreline Critical
Areas Regulations and C Shoreline Restoration Plan. The adoption by Ordinance will also
include approval to amend the Comprehensive Plan as identified in the 2011 docket.
HISTORY:
The City was on schedule with submitting a draft Master Plan to Ecology on January 31, 2011.
The Department of Ecology completed their review and submitted the comments to the City on
July 28, 2011. Staff has discussed the comments with Ecology and developed this updated draft
and list of policy discussion items. We submitted the SMP to Dept. of Commerce on Sept. 16 for
their required 60-day GMA review period. The Planning Commission held a public hearing
October 4, and there were no requested changes from the citizens attending or the Planning
Commission. The City Council held a Public Hearing on November 7 and two people testified
in favor of adoption. Once approved by Council we submit to Ecology and they have an
additional 60-day review period and potential second Public Hearing held by Ecology if
requested.
ALTERNATIVES:
1. No action.
2. Approve as written.
3. Approve with changes.
RECOMMENDED MOTION:
Authorize the Mayor to sign the Ordinance adopting the updated Shoreline Master Plan,
Appendix A Environment Designation Maps, Appendix B Shoreline Critical Areas, Appendix C
Shoreline Restoration plan, and amend the City Comprehensive Plan Section 12.7 to reference
the updated SMP.
ORDINANCE 2011-____ 1
ORDINANCE NO. 2011-____
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, ADDING A NEW
CHAPTER 20.93 OF THE ARLINGTON MUNICIPAL CODE RELATING TO
ENVIRONMENTALLY CRITICAL AREAS, AND REPEALING CHAPTER 20.92
WHEREAS, the City of Arlington has the authority to regulate land uses within
the City; and
WHEREAS, the City of Arlington has adopted a Shoreline Master Plan; and
WHEREAS, the city wishes to amend provisions of the land use code relating to
shoreline management and critical areas; and
WHEREAS, environmental review has been completed as required by SEPA and
consistent with the requirements of the State Growth Management Act;
WHEREAS, the City Planning Commission considered these amendments at
their October 04, 2011 public hearing and the City Council considered the same, along
with the Planning Commission recommendations, at a public hearing conducted on
November 7, 2011 and determined approving the amendments was in the best interest
of the City and its citizens;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. A new Chapter 20.93 of the Arlington Municipal Code is hereby
adopted to read as follows:
CHAPTER 20.93 ENVIRONMENTALLY CRITICAL AREAS
Sections:
Part I. Purpose and Intent
20.93.010 Purpose and Intent.
Part II. Definitions
20.93.100 Definitions.
Part III. General Provisions
20.93.200 Applicability.
20.93.210 Regulated Activities.
20.93.220 Allowed Activities.
20.93.230 Compliance.
20.93.240 Classification as an Environmentally Critical Area.
20.93.250 Procedures.
20.93.260 Submittal Requirements.
ORDINANCE 2011-____ 2
20.93.270 Site/Resource Specific Reports.
20.93.280 Maps and Inventory.
20.93.290 Dedication of Environmentally Critical Area Easements.
20.93.300 Dedication of Land and/or Easements in Lieu of Required Parks or Open
Space.
20.93.310 Increased Buffer Widths
20.93.320 Buffer Width Averaging.
20.93.330 Buffers to be Retained in Natural Condition
20.93.340 Building Setbacks from Buffers
20.93.350 Special Conditions for Possible Reductions in Buffer Width
20.93.370 Non-Conforming Activities.
20.93.380 Assessment Relief.
20.93.390 Mitigation Plan Requirements.
Part IV. Fish and Wildlife Conservation Areas
20.93.400 Classification.
20.93.410 Determination of Boundary.
20.93.420 Species/Habitats of Local Importance.
20.93.430 Allowed Activities.
20.93.440 Requirements.
20.93.450 Mitigation.
Part V. Frequently Flooded Areas
20.93.500 Classification.
20.93.510 Determination of Boundary.
20.93.520 Allowed Activities.
20.93.530 Requirements.
20.93.540 Mitigation.
Part VI. Geologically Hazardous Areas
20.93.600 Classification.
20.93.610 Determination of Boundary.
20.93.620 Allowed Activities.
20.93.630 Requirements.
20.93.640 Mitigation.
Part VII. Streams, Creeks, Rivers, Lakes and Other Surface Water
20.93.700 Classification.
20.93.710 Determination of Boundary.
20.93.720 Allowed Activities.
20.93.730 Requirements.
20.93.740 Mitigation.
Part VIII. Wetlands
20.93.800 Classification.
20.93.810 Determination of Boundary.
20.93.820 Allowed Activities.
20.93.830 Requirements.
20.93.840 Mitigation.
Part IX. Aquifer Recharge Areas
20.93.900 Purpose and Objectives.
ORDINANCE 2011-____ 3
20.93.910 Applicability.
20.93.920 Information Required Upon Application.
20.93.930 Hydrogeologic Site Evaluations.
20.93.940 Best Management Practices (BMP) Plans.
20.93.950 Mitigation Plans
20.93.960 Imposition of Conditions on Projects
Part X. Adoption of Plans
20.93.970 Shoreline Master Plan and Maps Adopted
Part I. Purpose and Intent
20.93.010 Purpose and Intent.
This Chapter establishes regulations for the protection of environmentally critical areas
(ECAs) within the City’s shoreline jurisdiction, including critical areas, natural resource
lands, and protective buffers. While it is intended that this Chapter fulfill the mandates of
the Washington State Shoreline Management Act, that is not its sole purpose: Its
primary purpose is to fulfill the legislative intent of the City of Arlington, which is to
protect the public health, safety, and welfare of the citizens of Arlington by providing for
the long-term preservation of natural systems and their functions. This is to be
accomplished by establishing prohibitions, mitigation requirements, and minimum
standards for the use and development of properties that contain or adjoin
environmentally critical areas. Additionally, this Chapter is intended to:
(a) If at all possible, avoid impacts to environmentally critical areas. If this is not
practicable, then:
1. Minimize or limit the degree or magnitude of actions and their implementation
by using appropriate technology or by taking affirmative steps to avoid or reduce
impacts.
2. Mitigate any impacts by repairing, rehabilitating, or restoring the affected
environment.
3. Reduce or eliminate any impacts over time by preservation and maintenance
operations during the life of the action.
4. Compensate for unavoidable impacts by replacing, enhancing or providing
substitute resources or environments through monitoring of specific and
cumulative impacts.
(b) Protect the public from personal injury, loss of life, or property damage due to
flooding, erosion, landslides, seismic events, or soil subsidence. (c) Protect against
publicly financed expenditures due to the misuse of environmentally critical areas that
cause:
1. Unnecessary maintenance and replacement of public facilities;
2. Publicly funded mitigation of avoidable impacts;
3. Cost for public emergency rescue and relief operations where the causes are
avoidable;
4. Degradation of the natural environment.
(d) Protect aquatic resources.
(e) Protect unique, fragile, and valuable elements of the environment, including wildlife
and its habitat.
ORDINANCE 2011-____ 4
(f) Alert appraisers, assessors, owners, potential buyers, or lessees to the development
limitations of environmentally critical areas;
(g) Provide City officials with sufficient information to adequately protect environmentally
critical areas when approving, conditioning, or denying applications for public or private
development proposals.
(h) Give guidance to the development of Comprehensive Plan policies in regard to the
natural systems and environment of the Arlington Watershed(s);
(i) Provide property owners and developers with succinct information regarding the
City’s requirements for property development, thus rationalizing and accelerating the
development permit application process.
Part II. Definitions
20.93.100 Definitions.
For the purposes of this Chapter, the following definitions shall apply:
Alteration(s). A change or rearrangement of the structural parts of existing facilities or
an enlargement by extending the side or increasing the height or depth or the moving
from one location to another.
AMC. The Arlington Municipal Code.
Applicant. A person who applies for any permit or approval to do anything governed by
this code and who is either the owner of the subject property, the authorized agent of
the owner, or the City.
Classes. Taxonomic classification system of the United States Fish and Wildlife Service
(Cowardin, et al 1978).
Commercial. Activity with goods, merchandise, or services for sale or rent.
Compensation. In-kind replacement of damaged wetlands with substitute wetlands
whose characteristics closely approximate those destroyed or degraded by a regulated
activity. It does not mean replacement ―in-category. When compensatory measures
are appropriate pursuant to the mitigation priority sequence above, preferential
consideration shall be given to measures that replace the impacted functions directly
and in the immediate vicinity of the impact. However, alternative compensatory
mitigation within the watershed sub-basin that addresses limiting factors or identified
critical needs for shoreline resource conservation based on watershed or
comprehensive resource management plans applicable to the area of impact may be
authorized. If there are no previousely identified mitigation opportunities in the impacted
sub-basin identified in local watershed or comprehensive plans the applicant will use a
watershed approach in selecting mitigation sites utilizing Selecting Wetland Mitigation
Sites Using a Watershed Approach (Western Washington) (Publication #09-06-32)
Critical Areas. Fish and wildlife habitat conservation areas, Streams, Wetlands, areas
with a critical recharging effect on aquifers used for potable water, fish and wildlife
habitat conservation areas, frequently flooded areas; and geologically hazardous
areas.
Dedication. Deliberate appropriation of land by an owner for public use or purpose,
reserving no other rights than those that are compatible with the full exercise and
enjoyment of the public use or purpose to which the property has been devoted.
ORDINANCE 2011-____ 5
Degraded Wetland. A wetland in which the vegetation, soils, and/or hydrology have
been adversely altered, resulting in lost or reduced functions and values.
Developable Area. Land outside of critical areas and environmentally critical area
setbacks and buffers.
Development Permit. Any permit or approval under this code or the AMC that must be
issued before initiating a use or development activity.
Ditch. A long narrow excavation dug in the earth for drainage with its top width less than
10 feet at design flow and that does not meet the definition of a stream. A ditch may be
regulated if it conveys stream flow.
Easement. Land which has specific air, surface or subsurface rights conveyed for us by
an entity other than the owner of the subject property or to benefit some property other
than the subject property.
Edge. The boundary of a wetland as delineated based on the criteria contained in this
Chapter.
Emergent Wetland. A wetland with at least thirty percent of its surface covered by erect,
rooted, herbaceous vegetation at the uppermost vegetative strata.
Enhancement. Alteration of an existing resource to improve or increase its
characteristics and processes without degrading other existing functions.
Enhancements are to be distinguished from resource creation or restoration projects.
Erosion Hazard Area. A landform or soil type subject to being worn away by the action
of water, wind, freeze-thaw or ice.
Exotic Species. Plants or animals that are not native to the Puget Sound Lowlands
region.
Extraordinary Hardship. Prevention of all reasonable economic use of the parcel due to
strict application of this Chapter and/or programs adopted to implement this Chapter.
Fish and Wildlife Habitats (of Local Importance). A seasonal range or habitat element
with which a given species has a primary association, and which, if altered, may reduce
the likelihood that the species will maintain and reproduce over the long-term. These
might include areas of relative density or species richness, breeding habitat, seasonal
range, and movement corridors. These also include habitats of limited availability or
high vulnerability to alteration, such as cliffs and wetlands.
Forested Wetland. Wetlands with at least thirty percent of the surface area covered by
woody vegetation greater than twenty feet in height or ≥ 3-inch diameter at breast
height.
Forest Land. Land used for growing trees, not including Christmas trees, for commercial
purposes (as shown by record of any income) that has long-term (six years or more)
commercial significance.
Frequently Flooded Areas. Lands indicated on the most current FEMA map to be within
the 100-year flood plain. These areas include, but are not limited to, streams, lakes,
coastal areas, and wetlands. Local areas not identified on FEMA maps that experience
frequent periods of inundation.
Functions. The beneficial roles served by critical areas including, but not limited to,
water quality protection and enhancement, fish and wildlife habitat, food chain support,
flood storage, conveyance and attenuation, groundwater recharge and discharge,
erosion control, wave attenuation, and aesthetic value protection, and recreation. These
roles are not listed in order of priority.
ORDINANCE 2011-____ 6
Geologically Hazardous Areas. Includes areas susceptible to erosion, sliding, seismic
activity, or other geological events. They pose a threat to the health and safety of
citizens when used as sites for incompatible commercial, residential or industrial
development.
Grading. The physical manipulation of the earth’s surface and/or drainage pattern in
preparation of an intended use or activity.
High Quality Native Wetlands will be classified by the state wetland rating system for
Western Washington. However, the following elements may be considered when
identifying locally important functions of a wetland:
1. No, or isolated, human alteration of the wetland topography;
2. No human-caused alteration of the hydrology or else the wetland appears to
have recovered from the alteration;
3. Low cover and frequency of exotic plant species;
4. Relatively little human-related disturbance of the native vegetation, or recovery
from past disturbance;
5. If the wetland system is degraded, it still contains a viable and high quality
example of a native wetland community; and
6. No known major water quality problems.
Hydric Soil. Soil that is saturated, flooded, or ponded long enough during the growing
season to develop anaerobic conditions in the upper part. The presence of hydric soil
shall be determined following the methods as defined by the National Technical
Committee for Hydric Soils. The presence of hydric soil shall be determined following
the methods described in the Regional Supplement to the Corps of Engineers Wetland
Delineation Manaul: Western Mountains, Valleys, and Coast Region.
Hydrophyte or Hydrophytic Vegetation. Plant life growing in water or on a substrate that
is at least periodically deficient in oxygen as a result of excessive water content. The
presence of hydrophytic vegetation shall be determined following the methods
described in the Washington State Wetland Delineation Manual adopted pursuant to
RCW 90.58.380.
Improvement. Any structure or manmade feature.
Isolated Wetlands will be classified by the state wetland rating system for Western
Washington. However, the following elements may be considered when identifying
locally important functions of a wetland.
1. Are outside of and not contiguous to any wetland system of one acre or more,
or the 100-year floodplain of a lake, river, creek, or stream; and,
2. Have no contiguous hydric soil or hydrophytic vegetation between the wetland
and contiguous wetlands of one acre or more or any surface water.
Landslide Hazard Areas. Areas potentially subject to risk of mass movement due to a
combination of factors, including historic failures.
Land Uses, High Intensity. a zone classification allowing more than one dwelling unit
per acre.
Land Uses, Low Intensity. Includes land uses which are associated with low levels of
human disturbance or low habitat impacts, including, but not limited to, passive
recreation, open space, or those uses listed in §20.93.220 (Allowed Activities).
Land Uses, Medium Intensity. Includes land uses which are associated with moderate
levels of disturbance such as open space parks with biking and jogging, etc., conversion
ORDINANCE 2011-____ 7
of moderate-intensity agriculture (orchards, hay fields, etc), paved trails, gravel roads,
utility corridors or right-of-way shared by several utilities including access/maintenance
roads.
Mineral Resource Lands. Lands primarily devoted to the extraction of gravel, sand,
other construction materials, or valuable metallic or mineral substances.
Native Vegetation. Plant species that are indigenous to the Puget Sound Lowlands
region.
Natural Condition. Lands that retain native vegetation, forest duff and naturally occurring
contours and drainage patterns not modified by human activity.
Natural Resource Lands. Agriculture, forest, and mineral resource lands as defined in
this section.
Constructed Stormwater Wetland. A stormwater management system that is designed
and built to function similar to the naturally occurring wetland including native trees and
shrubs allowed to grow to maturity.
Nonconforming. Any use, structure, lot, condition, activity, or any other feature or
element of private property or the use or utilization of private property that does not
conform to any of the provisions of this code or that was not approved by the city
through the appropriate decision-making process required under this code.
Open Space. Land not covered by buildings, roadways, parking areas, or other
surfaces through which water cannot percolate into the underlying soils.
Ordinary high water mark. As defined by RCW 90.58.030(2)(b), as now or hereafter
amended.
Palustrine Wetland. Freshwater with open water, emergent herbaceous vegetation,
scrub-shrub vegetation, and/or trees .
Pond. Any inland body of water, either naturally or artificially formed or increased, that
has a surface area of 1,000 square feet or more, except: These do not include ponds
deliberately designed and created from dry sites such as canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities.
Practicable Alternative. An alternative that is available and capable of being carried out
after taking into consideration cost, existing technology, and logistics in light of overall
project purposes, and having less impacts to environmentally critical areas. It may
include an area not owned by the applicant that can reasonably be obtained, utilized,
expanded, or managed in order to fulfill the basic purpose of the proposed activity.
Priority Habitats. Areas with which priority species have a primary association, as
determined by the Washington Department of Fish and Wildlife. Priority habitats have
one or more of the following attributes: comparatively high or significant species density
or richness, significant breeding habitat, significant seasonal ranges, significant wildlife
movement corridors, limited availability, and/or high vulnerability.
Priority species. Wildlife species of concern due to their population status and their
sensitivity to habitat alteration.
Riparian Habitat. An ecosystem that occurs in the transition zone between aquatic and
upland environments.
Scrub-shrub Wetlands. A wetland with at least thirty percent of its surface area covered
with woody vegetation less than twenty feet in height or ≤ 3-inch diameter at breast
height.
ORDINANCE 2011-____ 8
Seismic Hazard Areas. Areas subject to the risk of damage as a result of earthquake
induced ground shaking, slope failure, settlement, soil liquefaction or surface faulting.
Ground shaking is a primary risk, followed by some unstable slopes causing damage
below them.
Slope. See §20.93.600 (Geological Hazardous Areas—Classification).
Sphagnum. Any of a large genus of mosses that grows only in wet acidic soils and
whose remains become compacted with other plant debris to form peat.
Streams. Those areas where surface waters flow sufficiently to produce a defined
channel or bed. A defined channel or bed is indicated by hydraulically sorted sediments
or the removal of vegetative litter or loosely rooted vegetation by the action of moving
water. The channel or bed need not contain water year-round. This includes DNR
Stream Types S, F, F-ESA, Np, Ns (WAC 222-16-030, or as amended hereafter). This
definition is not meant to include irrigation ditches, canals, stormwater runoff devices or
other entirely artificial watercourses unless they are used to convey any stream
naturally occurring prior to construction. Those topographic features that resemble
streams but have no defined channels (i.e. swales) shall be considered streams when
hydrologic and hydraulic analyses done pursuant to a development proposal predict
formation of a defined channel after development.
Steep Slope. See §20.93.600 (Geological Hazardous Areas—Classification).
Structure. Anything which is built or constructed; an edifice or building of any kind, or
any piece of work artificially built-up or composed of parts joined together in some
definite manner. Not included are fences less than six feet in height, retaining wall,
rockeries, and similar improvements of a minor character less than three feet in height.
Unavoidable. Impacts that remain after a person proposing to alter environmentally
critical areas has demonstrated that no practicable alternative exists for the proposed
project.
Use. “Development” as that term is defined in Chapter 90.58 RCW. Also means the
nature of the activities taking place on private property or within structures thereon.
Water-Dependent. A use for which the use of surface water would be essential in
fulfilling the purpose of the proposed project.
Wetlands. "Wetland" or "wetlands" means areas that are inundated or saturated by
surface water or ground water at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas. Wetlands do not include those artificial wetlands intentionally created
from non-wetland sites, including, but not limited to, irrigation and drainage ditches,
grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm
ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were
unintentionally created as a result of the construction of a road, street, or highway.
Wetlands may include those artificial wetlands intentionally created from non-wetland
areas created to mitigate conversion of wetlands.
ORDINANCE 2011-____ 9
Part III. General Provisions
20.93.200 Applicability.
This Chapter applies to environmentally critical areas within the City’s shoreline
jurisdiction. The maps adopted in AMC 20.93.970 show the general location of the
City’s shoreline jurisdiction; however, whether an environmentally critical area is within
shoreline jurisdiction shall be determined by the Shoreline Administrator. No action
shall be taken by any person that results in any alteration of any environmentally critical
area or their buffers except as consistent with the purposes, objectives, and goals of
this Chapter.
20.93.210 Regulated Activities.
(a) All land use and/or development activities on lands containing environmentally
critical areas or affecting off-site environmentally critical areas are subject to this
Chapter and are prohibited unless:
1. The use or activity is found to be exempt by the Community Development
Director per the Allowed Uses sections of this Chapter; or,
2. The use or activity meets the performance standards found in the
Requirements sections of this Chapter.
(b) Land use and development activities include, but are not limited to, the following
activities:
1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals,
organic matter, or material of any kind.
2. The dumping, discharging, or filling with any material.
3. The draining, flooding, or disturbing of the water level or water table.
4. The driving of pilings.
5. The placing of obstructions.
6. The construction, reconstruction, demolition, or expansion of any structure.
7. The destruction or alteration of vegetation in an environmentally critical area
through clearing, harvesting, shading, intentional burning, or planting of
vegetation that would alter the character and function of an environmentally
critical area.
8. Activities that result in a significant change of water temperature, a significant
change of physical or chemical characteristics of water sources, including
quantity, or the introduction of pollutants.
20.93.220 Allowed Activities.
Unless specifically prohibited elsewhere in this Chapter, or unless the use affects a
critical area structure, function or value, the following uses are allowed in any
environmentally critical area:
1. Conservation or preservation of soil, water, vegetation, fish, shellfish, and
other wildlife.
2. Outdoor recreational activities (including fishing, bird watching, hiking, boating,
swimming, canoeing, etc.) and aquatic recreation facilities authorized by this
20.93 (unless otherwise prohibited from a particular area because of site-specific
issues.
ORDINANCE 2011-____ 10
3. When approval is granted by the City, the recreational harvesting of wild crops
in a manner that is not injurious to natural reproduction of such crops and
provided the harvesting does not require killing the plant, tilling of soil, planting of
crops, or alteration of a wetland by changing existing topography, water
conditions or water sources.
4. Education, scientific research, and use of nature trails.
5. Navigation aids and boundary markers.
6. Site investigative work necessary for land use application submittals such as
surveys, soil logs, percolation tests and other related activities. In every case,
impacts shall be minimized and disturbed areas shall be immediately restored.
7. Normal maintenance, repair, or operation of existing structures, facilities, or
improved areas.
8. Environmentally critical area restoration work or relocation work which would
improve the function of the environmentally critical area, when done pursuant to
a plan approved by the City.
20.93.230 Compliance.
All land uses or development applications shall be reviewed to determine whether an
environmentally critical area exists on the property for which the application is filed,
what the action’s impacts to any existing environmentally critical area would be, and
what actions are required for compliance with this Chapter. No construction activity,
including land clearing or grading, shall be permitted until the information required by
this Section is reviewed and the City approves a plan.
20.93.240 Classification as an Environmentally Critical Area.
Criteria for classification as an environmentally critical area will be listed under the
pertinent sections of this Chapter.
20.93.250 Procedures.
The City of Arlington shall not grant any approval or permission to conduct development
or use in an environmentally critical area prior to the applicant’s fulfillment of the
requirements of this Chapter. The Community Development Director is authorized to
adopt administrative procedures for the purpose of carrying out the provisions of this
Chapter.
20.93.260 Submittal Requirements.
To enable the City to determine compliance with this Chapter, at the time of application
submittal the applicant shall file a SEPA Environmental Checklist (if use is subject to
SEPA), site/resource specific reports as specified in §20.93.270 (General Provisions—
Site/Resource Specific Reports), and any other pertinent information requested by the
Department of Community Development. The Community Development Director may
waive any of these submittal requirements if it is deemed unnecessary to make a
compliance determination.
ORDINANCE 2011-____ 11
20.93.270 Site/Resource Specific Reports.
Unless waived per §20.93.260 (General Provisions—Submittal Requirements), all
applications for land use or development permits proposed on properties containing or
adjacent to environmentally critical areas or their defined buffers (see section specific
requirements) shall include site/resource specific reports prepared to describe the
environmental limitations of the site. These reports shall conform in format and content
to guidelines prepared by the Department of Community Development, which is hereby
authorized to do so.
20.93.280 Maps and Inventory.
The approximate location and extent of environmentally critical areas in the City are
displayed on various inventory maps available at the Department of Community
Development. More data will be included as inventories are completed in compliance
with the requirements of the Growth Management Act. Maps and inventory lists are
guides to the general location and extent of environmentally critical areas.
Environmentally critical areas not shown are presumed to exist in the City and are
protected under all the provisions of this Chapter. The Shoreline Jurisdiction Areas are
identified in the adopted Shoreline maps (AMC 20.93.970). In the event that any of the
designations shown on the maps or inventory lists conflict with the criteria set forth in
this Chapter, the criteria and site specific conditions shall control.
20.93.290 Dedication of Environmentally Critical Area Easements.
(a) In order to protect environmentally critical areas, Environmentally Critical Area
easements or tracts, where proposed as mitigation, shall be marked as such and
dedicated to the City and recorded with Snohomish County. Appropriate demarcation
methods shall be as set forth in the Public Works Construction Standards and
Specifications, and include appropriate permanent fencing and signage unless
otherwise determined by the Natural Resources Manager. Fencing or demarcation
method must be built of materials that are permanent in nature. Fencing may not be
required if the site is a know migration route for wildlife and due to other constraints
such as roadways or buildings a fence would prevent migration of those species.
Alternative methods of demarcation will be required to replace signage when
determined that effectiveness of signage may be limited.
(b) Anyone may offer to dedicate an Environmentally Critical Area easement or tract
and its buffer to the City even if not proposed as mitigation.
(c) Such easements or tracts shall cover the environmentally critical area as delineated
by their defined boundaries and their buffers.
(d) The basic controlling language for such easements shall be as follows, though
site/resource specific modifications may be made:
"Critical Area Protection Easement: This open space tract is intended to protect
<<< insert ECA type and native vegetation >>> and shall preclude: grading or
any recontouring of the land; placement of structures, wells, leach fields, utility
lines and/or easements, and any other thing; vehicle activity; grazing; dumping;
and the addition or removal of vegetation, except pursuant to an approved
restoration plan, and except that vegetation may be selectively removed and/or
ORDINANCE 2011-____ 12
pervious trails and/or utility lines compatible with native tree and shrub vegetation
may be placed in the buffer areas in locations approved by the Director of
Planning and Community Development."
20.93.300 Dedication of Land and/or Easements in Lieu of Required Parks or Open
Space.
The dedication of environmentally critical areas and their buffers may not be used for
satisfying the park or open space requirements of AMC Chapter 20.52 (Recreational
Facilities & Open Space).
20.93.310 Increased Buffer Widths
The permit-issuing authority shall require increased standard buffer zone widths on a
case-by-case basis when a larger buffer is necessary to protect environmentally critical
area functions and values based on local conditions. This determination shall be
supported by appropriate documentation showing that it is reasonably related to
protection of the functions and values of the regulated environmentally critical area.
Such determination shall be attached as a permit condition and shall demonstrate that:
(a) A larger buffer is necessary to maintain viable populations of existing species;
or
(b) The environmentally critical area is used by species proposed or listed by the
federal government or the state as endangered, threatened, sensitive, candidate,
or monitor, critical or outstanding potential habitat for those species or has
unusual nesting or resting sites such as heron rookeries or raptor nesting trees;
or
(c) The adjacent land has minimal vegetative cover or slopes greater than 15
percent and is therefore susceptible to severe erosion, and erosion control
measures will not effectively prevent adverse environmentally critical area
impacts.
(d) The recommended widths for buffers are based on the assumption that the
buffer is vegetated with a native plant community appropriate for the ecoregion or
with one that performs similar functions. If the existing buffer is unvegetated,
sparsely vegetated, or vegetated with invasive species that do not perform
needed functions, the buffer should either be planted to create the appropriate
plant community or the buffer should be widened to ensure that adequate
functions of the buffer are provided. Generally, improving the vegetation will be
more effective than widening the buffer.
20.93.320 Buffer Width Averaging.
Buffer widths may be modified by averaging. In no instance shall the buffer width be
reduced by more than 25% of the standard buffer unless specifically identified in other
sections of the 20.93. Buffer width averaging shall be allowed only where the applicant
demonstrates all of the following:
(a) That averaging is necessary to avoid an extraordinary hardship to the
applicant caused by circumstances peculiar to the property or that there would be
a benefit to the Environmentally Critical Area;
ORDINANCE 2011-____ 13
(b) That the least impactive aspects of the proposed land use would be located
adjacent to areas where the buffer width is reduced;
(c) That width averaging will not adversely impact the environmentally critical
area functional values; and
(d) That the total area contained within the buffer after averaging is no less than
that contained within the standard buffer prior to averaging.
20.93.330 Buffers to be Retained in Natural Condition
Except as otherwise specified, all buffers shall be retained in their natural condition.
Where buffer disturbance may or has occurred during construction, revegetation with
native vegetation will be required.
20.93.340 Building Setbacks from Buffers
A building setback of 15 feet is required from the edge of any critical area buffer, as
defined in subsequent sections of this Chapter. Minor structural intrusions into the area
of the building setback may be allowed if the permit-issuing authority determines that
such intrusions will not negatively impact the environmentally critical area or cause the
buffer vegetation to be trimmed or removed. The setback shall be identified on the site
plan.
20.93.360. Reserved
20.93.370 Non-Conforming Activities.
Except for cases of discontinuance as part of normal agricultural practices, non-
conforming uses shall be governed by Part VI of this Chapter 20.93 and AMC Chapter
20.32 (Nonconforming Situations).
20.93.380 Assessment Relief.
The Snohomish County Assessor’s office considers environmentally critical area
regulations in determining the fair market value of land. Any owner of an undeveloped
critical area who has dedicated an easement or entered into a perpetual conservation
restriction with the City of Arlington or a qualified nonprofit organization to permanently
control some or all regulated activities in that portion of land assessed consistent with
these restrictions shall be considered for exemption from special assessments to defray
the cost of municipal improvements such as sanitary sewers, storm sewers, and water
mains.
20.93.390 Mitigation Plan Requirements.
In the event that mitigation is required, the applicant shall be required to provide a
mitigation plan for approval by the Community Development Director. The plan shall
provide information on land acquisition, construction, maintenance and monitoring of the
replaced critical area. All mitigation plans shall include the following submitted by the
applicant or a qualified biologist, civil or geotechnical engineer:
(a) Specific goals and objectives describing site function, target species and
selection criteria;
ORDINANCE 2011-____ 14
(b) Performance standards that shall include criteria for assessing goals and
objectives;
(c) Contingency plans that clearly define course of action or corrective measures
needed if performance standards are not met;
(d) A legal description and a survey prepared by a licensed surveyor of the
proposed development site and location of the critical area(s) on the site.
(e) The need for performance or maintenance securities.
(f) A scaled plot plan that indicates the proposed construction in relation to
zoning setback requirements and sequence of construction location in relation to
zoning setback requirements and sequence of construction phases including
cross-sectional details, topographic survey data (including percent slope, existing
and finished grade elevations) and other technical information as required in
sufficient detail to explain, illustrate and provide for:
1. Soil and substrate conditions, topographic elevations, scope of grading
and excavation proposal, erosion and sediment treatment and source
controls needed for critical area construction and maintenance;
2. Planting plans specifying plant species, types, quantities, location, size
spacing, or density. The planting season or timing, watering schedule, and
nutrient requirements for planting, and where appropriate, measures to
protect plants from destruction; and
3. Contingency or mid-course corrections plan and a minimum five year
monitoring and replacement plan establishing responsibility for removal of
exotic and nuisance vegetation and permanent establishment of the
critical area and all component parts.
(g) A clearly defined approach to assess progress of the project.
(h) The plan must indicate ownership, size, type, and complete ecological
assessment including flora, fauna, hydrology, functions, etc., of the critical area
being restored or created; and
(i) The plan must also provide information on the natural suitability of the
proposed site for establishing the replaced critical area, including water source
and drainage patterns, topographic position, wildlife habitat opportunities, value
of existing area to be converted, etc.
(j) Once the plan is implemented, as-builts shall also be submitted pursuant to
Department of Public Works requirements.
Part IV. Fish and Wildlife Conservation Areas
20.93.400 Classification.
Fish and Wildlife Conservation Areas include:
(a) Lands containing priority habitats and species, including plant and/or animal species
listed on Federal or State threatened or endangered species lists.
(b) Ponds and their submerged aquatic beds that provide fish or wildlife habitat.
1. "Type S" waters of the state as defined in WAC 222-16-030, which includes all
waters, within their ordinary high-water mark, as inventoried as "shorelines of the
state" under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter
ORDINANCE 2011-____ 15
90.58 RCW, but not including those waters' associated wetlands as defined in
Chapter 90.58 RCW.
(c) Segments of natural waters and periodically inundated areas of their associated
wetlands that are used by salmonids for off-channel habitat. These areas are critical to
the maintenance of optimum survival of juvenile salmonids. This habitat shall be
identified based on the following criteria:
1. The site must be connected to a stream bearing salmonids and accessible
during some period of the year; and
2. The off-channel water must be accessible to juvenile salmonids through
drainage with less than a 5% gradient.
(d) Lakes, ponds, and streams planted with game fish (defined at RCW 77.09.020),
including those planted under the auspices of a federal, state, local, or tribal programs,
or which support priority fish species as identified by the Department of Fish and
Wildlife.
(e) State natural area preserves and natural resource conservation areas.
(f) Habitats or species of local importance. Such habitats or species may be locally
listed per the process elucidated in §20.93.420 (Species/Habitats of Local Importance).
20.93.410 Determination of Boundary.
The Community Development Director shall determine the boundaries of Fish and
Wildlife Conservation Areas. In doing so he may rely on information from qualified
federal, state, county, or tribal agencies or on a biological resources survey prepared by
a qualified wildlife biologist per the Department’s Biological Resources Survey
Guidelines. Such reports or information may be required to be provided by an applicant
for an activity or permit at the request of the City. In the location of shoreline jurisdiction
the adopted Shoreline designation maps establish the boundary. When a project is at
or below OHWM and within shoreline setbacks, the OHWM shall be determined by a
site-specific investigation using field indicators.
20.93.420 Species/Habitats of Local Importance.
(a) Species or habitats may be listed as a species or habitat of local importance by the
City Council according to the following process:
1. An individual or organization must:
a. Demonstrate a need for special consideration based on: (i) declining
populations, (ii) sensitivity to habitat manipulation; or (iii) commercial or
game value, or other special value, such as flood refugia or public appeal.
b. Propose relevant management strategies considered effective and
within the scope of this Chapter.
c. Provide species habitat location(s) on a map.
2. Submitted proposals will be reviewed by the Community Development Director
and forwarded to the Departments of Fish and Wildlife and Natural Resources,
and/or other local, state, federal, or tribal agencies or experts for comment and
recommendation regarding accuracy of data and effectiveness of proposed
management strategies.
3. The City Council will hold a public hearing for proposals found to be complete,
accurate, potentially effective, and within the scope of this Chapter. Approved
ORDINANCE 2011-____ 16
nominations will become designated a "Species or Habitat of Local Importance"
and will be subject to the provisions of this Chapter.
(b) Species or Habitats of Local Importance include:
1. None adopted as of December 5, 2012.
20.93.430 Allowed Activities.
Except where regulated by other sections of this or any other Title or law, the following
uses shall be allowed within Fish and Wildlife Conservation Areas when the
requirements of §20.93.440 (Fish and Wildlife Conservation Areas—Requirements)
have been met and mitigation adequate to alleviate any other impacts has been
proposed:
(a) Those activities listed in §20.93.220 (General Provisions—Allowed Activities)
(b) Activities consistent with the species located there and all applicable state
and federal regulations regarding the species, as determined by the Community
Development Director, who will consult with other resource agencies including
Tribes as to their recommendations based on adopted standards or guidance.
(c) Within the 50-foot management zone of the buffer required pursuant to
§20.93.440 (Fish & Wildlife Conservation Areas--Requirements) the following
uses are allowed as long as 65% of native tree cover is established and
maintained and the Total Effective Impervious Area (TIA) remains below 3%:
1. When the 50-foot management zone is in an already developed state
including buildings, parking lots, lawn or ornamental landscaping
stormwater management systems designed to blend into the natural
landscape allowing full mature growth of native trees and shrubs, and
provide the same or greater functional habitat that would occur in a
naturally vegetated buffer. Specifically, this does not include buried vaults,
ecology block or grass-lined ponds or swales (though ponds or swales
planted with native vegetation may be allowed). Such systems are
required to provide diffuse effluent point(s) to the immediate edge of the
no-touch buffer to allow infiltration and polishing. Walkways and trails,
provided that those pathways are limited to minor crossings having no
adverse impact on water quality. They should be generally parallel to the
perimeter of the wetland, located only in the outer twenty-five percent
(25%) of the wetland buffer area, and located to avoid removal of
significant trees. They should be limited to pervious surfaces no more than
five (5) feet in width for pedestrian use only. Raised boardwalks utilizing
non-treated pilings may be acceptable.
2. Utility easements and access routes that are built so as to not affect the
lateral or vertical hydrology of the system, and are compatible with full
maturity of native tree and shrub species.
3. Other uses as may be approved by the City’s Natural Resources
Manager as recommended in a local, state or federal watershed
management plan or low impact development regulations.
20.93.440 Requirements.
(a) Except as provided in Subsections (b) and (c):
ORDINANCE 2011-____ 17
1. For endangered or threatened salmonid Fish and Wildlife Conservation Areas,
a 150-foot buffer shall be required for all regulated activities adjacent to the Fish
and Wildlife Conservation Areas. This buffer shall consist of a 100-foot area
closest to the stream or river being designated a Native Growth Protection
Easement in which no human activities may be allowed (except as provided by
§20.93.430 (Fish and Wildlife Conservation Areas—Allowed Activities), and the
remaining 50-foot zone being designated a management zone, in which
vegetation may be managed solely for public health and safety reasons that may
threaten structures or public infrastructure. The Natural Resource may require a
landowner to have an assessment performed by a professional arborist to
determine if a tree is hazardous. If found hazardous the methods of removal will
utilize options that will result in some level of habitat function (i.e. snag, nurse
log, etc). Buffers for salmonid Fish and Wildlife Conservation Areas shall be
measured pursuant to §20.93.730 (Streams, Creeks, Lakes, & Other Surface
Water--Requirements).
2. For all other Fish and Wildlife Conservation Areas, the applicant shall have a
habitat protection plan prepared by a qualified biologist, in which appropriate
buffers and other protection shall be identified based on the best available
science and/or standards promulgated by the state or federal agency with
jurisdiction for the identified species being protected. Buffers shall be measured
from the Fish and Wildlife Conservation Areas boundary as surveyed in the field.
(b) Buffer widths may be increased based on recommendations by the state or federal
agency with jurisdiction.
(c) Buffer widths from Fish and Wildlife Conservation Areas may be decreased in areas
where specific project recommendations can be found in section 20.93 320 of this
chapter, local watershed recovery plans, the Shoreline Master Program has identified
allowed uses, a habitat protection plan, or either a property-specific or programmatic
biological assessment showing that the proposal would have negligible adverse impact
on the protected species or habitat (with or without mitigation) has been approved by
the state or federal agency with jurisdiction. Said biological assessments would be
prepared by the applicant in a format approved by the agency with jurisdiction. The
width of the buffer would be determined through this biological assessment approval
process but could in no case be reduced to less than that required for the underlying
environmentally critical areas by other sections of this chapter.
(d) For streams upstream from an endangered or threatened salmonid Fish and Wildlife
Conservation Area, if requested by the City, applicants shall have prepared a report
analyzing potential downstream impacts to the FWCA and propose appropriate
measures to mitigate any identified significant impacts. Such reports shall be prepared
by a qualified biologist.
(e) The applicant shall dedicate a functionally exclusive Environmentally Critical Area
easement for the protection of wildlife and/or habitat over the Fish and Wildlife
Conservation Areas and its buffer, as determined above. Where such requirement leads
to, or would in the opinion of the permit-issuing authority lead to, a court finding of a
taking mitigation as described in §20.93.450 (Fish and Wildlife Conservation Areas—
Mitigation) may be considered.
ORDINANCE 2011-____ 18
20.93.450 Mitigation.
In order to avoid significant environmental impacts and, if in the opinion of the permit-
issuing authority the requirements listed in §20.93.440 (Fish and Wildlife Conservation
Areas—Requirements) do not adequately mitigate impacts, the applicant for a land use
activity or development permit may consider performing the following actions, listed in
order of preference. What is considered adequate mitigation will depend on the nature
and magnitude of the potential impact. Specific mitigation requirements are outlined in
the Shoreline Master Program regulations.
(a) Where on-site protection is not possible, dedicate a functionally exclusive easement
for the protection of equivalent (in type and value) wildlife and/or habitat over Fish and
Wildlife Conservation Areas and a 150-foot buffer on off-site Fish and Wildlife
Conservation Areas at a minimum 2:1 ratio (2 offsite areas for every 1 onsite area
impacted) on property that would likely not be required to dedicate such an easement
were it to undergo a permitting process. If functionally equivalent habitat is not available,
then a higher ratio may be considered to compensate. The location of any off-site Fish
and Wildlife Conservation Areas shall be located as near to the site as possible,
following this preferred order: i) hydrologically connected to the impacted Fish and
Wildlife Conservation Areas or via an intact habitat corridor,ii) elsewhere within the City,
iii) within the Arlington UGA, iv) within the sub-basin, and v) watershed.
Part V. Frequently Flooded Areas
20.93.500 Classification.
Classification for Flood Zones shall be consistent with the 100-year floodway and
floodplain designations as adopted by the City, or where the City has not adopted such
a designation, by the 100-year flood zone designation of the Federal Emergency
Management Agency and the National Flood Insurance Program. Any such
designations adopted by the City shall consider the following criteria if and when
designating and classifying these areas:
(a) Flooding impact to human health, safety, and welfare and to public facilities and
services; and,
(b) Documentation including federal, state and local laws, regulations and programs,
local maps and federally subsidized flood insurance programs; and,
(c) The future floodplain defined as a channel of the stream and that portion of the
adjoining floodplain which is necessary to contain and discharge the base flood flow at
build-out without any measurable increase in flood heights.
20.93.510 Determination of Boundary.
The boundary of a Flood Zone shall be contiguous with the 100-year floodway and
floodplain designations as adopted by the City, or where such a designation has not
been adopted by the City, the 100-year floodplain designation of the Federal
Emergency Management Agency (FEMA) and the National Flood Insurance Program
where it has been delineated (shown on Flood Insurance Rate Maps (FIRM). Where this
information does not exist, the boundary determination shall be made by a licensed
engineer and based upon the same criteria used by FEMA including the consideration
ORDINANCE 2011-____ 19
of the Channel Migration Zone. The Flood Plain Administrator shall confirm this
determination.
20.93.520 Allowed Activities.
Except where regulated by other sections of this or any other Title or law, the following
uses shall be allowed within floodways or flood plains when the requirements of
§20.93.530 (Frequently Flooded Areas—Requirements) have been met and mitigation
adequate to alleviate any other impacts has been proposed:
(a) Floodways
1. Those activities allowed per the Shoreline Master Program regulations and
§20.93.220 (General Provisions—Allowed Activities).
2. Outdoor recreational activities (including fishing, bird watching, hiking, boating,
swimming, canoeing, bicycling, etc.) and aquatic recreation facilities authorized
by this 20.93.
3. Those uses allowed by §20.64.150 (Permissible Uses Within Floodways).
(b) Floodplains
1. All those activities allowed in floodways
2. Recreational Fields
3. Those uses allowed by and consistent with the regulations of Chapter 20.64
(Floodways, Floodplains, Drainage, and Erosion).
20.93.530 Requirements.
All land uses and development proposals shall comply with the regulations for general
and specific flood hazard protection (see Chapter 20.64, Floodways, Floodplains,
Drainage, and Erosion). Development shall not reduce the effective base flood storage
volume. Reduction of the floodwater storage volume effectiveness due to grading,
construction, or other regulated activities shall be compensated for by creating on- or
off-site detention and/or retention ponds. Effective storage capacity must be maintained.
Base flood data and flood hazard notes shall be on the face of any recorded plat or site
plan including, but not limited to, base flood elevations, flood protection elevation,
boundary of floodplain and zero rise floodway.
20.93.540 Mitigation.
If potential flooding impacts cannot be avoided by design or by providing on- or off-site
detention and/or retention ponds, other forms of mitigation may be considered in order
to avoid significant environmental impacts. Applicants must provide mitigation plans
exploring and analyzing any proposed mitigation measures, which must be consistent
with the Shoreline Master Program and the regulations of AMC Chapter 20.64
(Floodways, Floodplains, Drainage, and Erosion).
Part VI. Geologically Hazardous Areas
20.93.600 Classification.
(a) Geologically Hazardous Areas include areas susceptible to erosion, sliding,
earthquakes, liquefaction, or other geological events. Geologically Hazardous Areas
shall be classified based upon the history or existence of landslides, unstable soils,
ORDINANCE 2011-____ 20
steep slopes, high erosion potential or seismic hazards. In determining the significance
of a geologically hazardous area the following criteria shall be used:
1. Potential economic, health, safety, and environmentalimpact related to
construction in the area;
2. Soil type, slope, vegetative cover, and climate of the area;
3. Available documentation of history of soil movement, the presence of mass
wastage, debris flow, rapid stream incision, stream bank erosion or undercutting
by wave action, or the presence of an alluvial fan which may be subject to
inundation, debris flows, or deposition of stream-transported sediments.
(b) The different types of Geologically Hazardous Areas are defined as follows:
1. Erosion hazard areas are as defined by the USDA Soil Conservation Service,
United States Geologic Survey, or by the Department of Ecology Coastal Zone
Atlas. The following classes are high erosion hazard areas.
a. Class 3, class U (unstable) includes severe erosion hazards and rapid
surface runoff areas;
b. Class 4, class UOS (unstable old slides) includes areas having severe
limitations due to slope; and,
c. Class 5, class URS (unstable recent slides).
2. Landslide hazard areas shall include areas subject to severe risk of landslide
based on a combination of geologic, topographic and hydrologic factors. Some of
these areas may be identified in the Department of Ecology Coastal Zone Atlas,
or through site-specific criteria. Landslide hazard areas include any of the
following:
a. Areas characterized by slopes greater than 15 percent and
impermeable soils (typically silt and clay) frequently interbedded with
permeable granular soils (predominantly sand and gravel) or impermeable
soils overlain with permeable soils or springs or groundwater seepage.
b. Any area that has exhibited movement during the Holocene epoch
(from 10,000 years ago to present) or which is underlain by mass wastage
debris of that epoch;
c. Any area potentially unstable due to rapid stream incision, stream bank
erosion or undercutting by wave action.
d. Any area located on an alluvial fan presently subject to or potentially
subject to inundation by debris flows or deposition of steam-transported
sediments;
e. Any area with a slope of 33 percent or greater and with a vertical relief
of ten or more feet except areas composed of consolidated rock;
f. Any area with slope defined by the United States Department of
Agriculture Soil Conservation Service as having a severe limitation for
building site development; and
g. Any shoreline designated or mapped as class U, UOS, or URS by the
Department of Ecology Coastal Zone Atlas.
3. Slopes:
a. Moderate slopes shall include any slope greater than or equal to 15
percent and less than 33 percent.
ORDINANCE 2011-____ 21
b. Steep slopes shall include any slope greater than or equal to 33
percent.
4. Seismic hazard areas shall include areas subject to severe risk of earthquake
damage as a result of seismic induced settlement, shaking, slope failure or soil
liquefaction. These conditions occur in areas underlain by cohesion less soils of
low density usually in association with a shallow groundwater table.
20.93.610 Determination of Boundary.
The Community Development Director, relying on a geotechnical or similar technical
report and other information where available and pertinent, shall make determination of
a boundary of a Geologically Hazardous Area. Such reports or information shall be
provided by an applicant for an activity or permit at the request of the City.
20.93.620 Allowed Activities.
Except where regulated by other sections of this or any other Title or law, the following
uses shall be allowed within Geologically Hazardous Areas when the requirements of
§20.93.630 (Geologically Hazardous Areas—Requirements) have been met and
mitigation adequate to alleviate any other impacts has been proposed:
(a) Those activities allowed per §20.93.220 (General Provisions—Allowed Activities).
(b) Any other use allowed per the zone and Shoreline Master Program, provided that it
meets the requirements of §20.93.630 (Geologically Hazardous Areas—Requirements)
and will not have a detrimental impact on the health, safety, and welfare of the public, or
will not negatively impact neighboring properties.
(c) Recontouring of land to eliminate geologically hazardous areas, including steep
slopes, is expressly prohibited unless otherwise approved through the land use permit
process (not the construction plan review process). The permit issuing authority may
approve recontouring to eliminate geological hazardous areas only upon finding that
such action would serve the health, safety, and welfare of the general public and not
just a particular development proposal.
20.93.630 Requirements.
(a) Erosion Hazard Areas: All development proposals on sites containing erosion
hazard areas shall comply with the following requirements:
1. Erosion control plan: The applicant shall submit an erosion control plan prior to
the approval of any permit. Plans shall be consistent with the guidelines set forth
in the Uniform Building Code (UBC) grading section and the Department of
Public Works’ Construction Standards and Specifications.
2. Alteration: All authorized clearing for roads, utilities, etc., shall be limited to the
minimum necessary to accomplish the engineering design. Alterations of erosion
hazard sites shall meet the requirements of AMC Chapter 20.44, Part II (Land
Clearing, Grading, Filling, and Excavation).
(b) Landslide Hazard Areas: All development proposals on sites containing landslide
hazard areas shall comply with the following requirements:
1. Alterations: Landslide hazard areas located on slopes 33 percent or greater
shall be altered only as allowed under standards for steep slopes set forth in this
ORDINANCE 2011-____ 22
section. Landslide hazard areas and land adjacent to such a hazard area located
on slopes less than 33 percent may be altered if:
a. The proposal will not increase surface water discharge or sedimentation
and will not decrease adjacent property slope stability; and
b. It can be demonstrated through geotechnical analysis that there is no
significant risk to the development proposal or adjacent properties or that
the proposal can be designed so that the landslide hazard is significantly
eliminated or mitigated such that the site and adjacent property are
rendered as safe as an area without landslide hazards.
2. Buffers: Unless the alteration is approved under the provisions in Subsection 1
above (Alterations), a minimum buffer of 50 feet shall be provided from the edges
of all landslide hazard areas regardless of slope. The buffer may be extended
beyond these limits to mitigate erosion hazards.
3. Building Setback Lines: All buildings are required to be set back a minimum of
15 feet from the buffer or landslide hazard area.
(c) Slopes: Grading, vegetation removal, and other site disturbances on slopes can lead
to erosion or landslides. If the amount of the slope disturbed is decreased, then the risk
of erosion and landslides decreases. The risk is also less on slopes that are less steep.
Therefore, all site disturbances on moderate and steep slopes and their buffers shall be
reviewed and certain standards are required to be met depending on the percent of
slope.
1. The maximum slope and buffer disturbance allowed, unless restricted for other
reasons, is:
Table 20.93-2:
Slope Disturbance
Allowed Slope
Disturbance
Allowed
1 - 14% 100%
15 - 24% 60%
25 – 32% 45%
33% or greater 0%
2. Development on moderate and steep slopes shall meet the following
standards:
a. Development must be located to minimize disturbance and removal of
vegetation and also to protect most critical areas and retain open space.
b. Structures must be located or clustered where possible to reduce
disturbance and maintain natural topographic character.
c. Grading shall be minimized;
d. Structures should conform to the natural contour of the slope, with
foundations tiered where possible to conform to existing topography of
site.
e. Natural surface or sub-surface drainage courses shall be preserved.
f. All development proposals shall be designed to minimize the footprint of
building and other disturbed areas. Common access drives and utility
corridors are encouraged.
ORDINANCE 2011-____ 23
g. All development shall be designed to minimize impervious lot coverage
and should incorporate under- or over-structure parking and multi-level
structures.
h. Roads, walkways and parking areas should be designed to parallel the
natural contours.
i. Access shall be in the least critical area of the site.
3. Additional standards for steep slopes: All proposed development on steep
slopes shall be avoided if possible. Alterations are allowed in only the following
instances provided that the standards in 1 and 2, above, can be met; and, where
it has been demonstrated through a soils report prepared by a geotechnical
engineer that no adverse impact will result from the proposal and where
approved surface water conveyance will result in minimum slope and vegetation
disturbance:
a. The construction of approved public or private trails provided they are
constructed in a manner that is not detrimental to surface water runoff
control (e.g., cable lift access); and
b. The construction of public or private utility corridors in accordance with
20.93 regulations provided it has been demonstrated that such alterations
will not increase landslide or erosion risks.
4. In all other cases, no disturbance is allowed on a steep slope and a minimum
15-foot vegetated buffer shall be established from the top, toe and along all sides
of the slope. The buffer may be extended beyond these limits on a case-by-case
basis to mitigate landslide and erosion hazards.
(d) Seismic Hazard Areas: Standards for development in seismic hazard areas shall be
in accordance with the provisions in the IBC , as adopted by the City of Arlington.
(e) For all Geological Hazardous Areas on which development is not permitted by the
above regulations, the applicant shall dedicate to the City an exclusive Environmentally
Critical Area easement for the protection of Geological Hazardous Areas over the
Environmentally Critical Area and a buffer consistent with the standards listed above.
20.93.640 Mitigation.
If potential geologic impacts cannot be avoided by adhering to the above requirements,
other forms of mitigation may be considered. Applicants must provide mitigation plans
exploring and analyzing any proposed mitigation measures. What is considered
adequate mitigation will depend on the nature and magnitude of the potential impact to
the Shoreline and a ecological function. For example, some potential risk due to
construction in geologically hazardous areas may be reduced through retention of
existing vegetation.
Part VII. Streams, Creeks, Rivers, Lakes and Other Surface Water
20.93.700 Classification.
(a) The City hereby adopts the stream classification system of the state, as specified
in WAC 222-16-030, as may be amended. Briefly, these are as follows (see WAC 222-
16- 030 for complete definitions of Types):
ORDINANCE 2011-____ 24
a. Type S Water means all the waters, within their ordinary high-water mark, as
inventoried as ―shorelines of the state‖ under Chapter 90.58 RCW and the rules
promulgated pursuant to Chapter 90.58 RCW, but not including those waters'
associated wetlands as defined in Chapter 90.58 RCW.
b. Type F-ESA Water means all the waters meeting the criteria of Type F stream,
but have been identified as having presumed use by ESA listed fish species.
(b) "Type F Water" shall mean segments of natural waters that are not classified as
Type 1 Water and have a substantial fish, wildlife, or human use. These are segments
of natural waters and periodically inundated areas of their associated wetlands, which:
1. Are diverted for domestic use by more than 100 residential or camping units or
by a public accommodation facility licensed by the State to serve more than 100
persons, where such diversion is determined by the Washington State
Department of Ecology to be a valid appropriation of water and the only practical
water source for such users. Such waters shall be considered to be Type 2
Water upstream from the point of such diversion for 1,500 feet or until the
drainage area is reduced by 50 percent, whichever is less;
2. Are within a federal, state, local, or private campground having more than 30
camping units: Provided, that the water shall not be considered to enter a
campground until it reaches the boundary of the park lands available for public
use and comes within 100 feet of a camping unit, trail or other park improvement;
3. Are used by substantial numbers of anadromous or resident game fish for
spawning, rearing or migration. Waters having the following characteristics are
presumed to have highly significant fish populations:
a. Stream segments having a defined channel 20 feet or greater in width
between the ordinary high-water marks and having a gradient of less than
4 percent.
b. Lakes, ponds, or impoundments having a surface area of 1 acre or
greater at seasonal low water; or
4. Are used by salmonids for off-channel habitat. These areas are critical to the
maintenance of optimum survival of juvenile salmonids. This habitat shall be
identified based on the following criteria:
a. The site must be connected to a stream bearing salmonids and
accessible during some period of the year; and
b. The off-channel water must be accessible to juvenile salmonids through
drainage with less than a 5% gradient.
c. Ponds or impoundments having a surface area of less than 0.5 acre at
seasonal low water and having an outlet to an anadromous fish stream.
5. Are highly significant for protection of downstream water quality. Tributaries
which contribute greater than 20 percent of the flow to a Type S or F Water are
presumed to be significant for 1,500 feet from their confluence with the Type S or
F Water or until their drainage area is less than 50 percent of their drainage area
at the point of confluence, whichever is less.
(c) Type Np Water
Segments of natural waters within the bankfull width of defined channels that are
perennial nonfish habitat streams. Perennial streams are waters that do not go dry
any time of the year of normal rainfall. However, for the purpose of water typing,
ORDINANCE 2011-____ 25
Type Np waters include the intermittent dry portions of the perennial channel below
the uppermost point of perennial flow. Np waters begin downstream of the point
along the channel where the contributing basin area is at least 52 acres in size.
(d) Type Ns Water shall be
Segments of natural waters within the bankfull width of the defined channels that are
not Type S, F, or Np waters. These are seasonal, nonfish habitat streams in which
surface flow is not present for at least some portion of a year of normal rainfall and
are not located downstream from any stream reach that is a Type Np water. Ns
waters must be physically connected by an above-ground channel system to Type S,
F, or Np waters.
(e) Non-natural water course means constructed vegetated swales and ditches that are
designed and installed for the express purpose of periodically moving storm water not
associated with naturally occurring streams.
20.93.710 Determination of Boundary.
The Community Development Director, relying on delineation by a licensed engineer or
other comparable expert, shall determine the boundary of the creek, stream, river, lake,
or other surface water. For ravines with banks greater than ten (10) feet in depth the
boundary shall be contiguous with the top of the bank. Where there is no ravine or the
bank is less than ten (10) feet in depth, the boundary shall be contiguous with the
Ordinary High Water Mark. In case of disagreement as to its location, the ultimate
decision on the OHWM shall rest with Ecology.
20.93.720 Allowed Activities.
Except where regulated by other sections of this, Shoreline Master Program or any
other Title or law (e.g., see Part IV of this Chapter, Fish and Wildlife Conservation
Areas), the following uses shall be allowed within streams, creeks, rivers, lakes, and
other surface waters when the requirements of §20.93.730 (Streams, Creeks, Rivers,
Lakes and Other Surface Water—Requirements) have been met and mitigation
adequate to alleviate any other impacts has been proposed:
(a) Those activities allowed under §20.93.220 (General Provisions—Allowed Activities).
(b) Bridges and other crossings for public and private rights-of-way where no other
feasible means on ingress and egress to a parcel is available.
20.93.730 Requirements.
(a) To retain the natural functions of streams and stream corridors, and unless modified
by Part IV (Fish & Wildlife Habitat), the streamside buffers listed in Table 20.93-3: Non-
ESA Stream Buffer Width shall be maintained on both sides of the Environmentally
Critical Area. All existing native vegetation within these buffers shall be preserved. (Note
also that buffer averaging may be allowed pursuant to §20.93.320 (General
Provisions—Buffer Width Averaging.)
(b) To protect the natural functions and aesthetic qualities of a stream and stream
buffer, a detailed temporary erosion control plan that identifies the specific mitigating
measures to be implemented during construction to protect the water from vegetation
removal, erosion, siltation, landslides and hazardous construction materials shall be
ORDINANCE 2011-____ 26
required. The City of Arlington shall review and approve the plan with the appropriate
state, federal and tribal agencies, and any adjacent jurisdiction.
(c) In accordance with the Shoreline Master Plan the buffer set-back in the Historic
Shoreline Business District is 30 feet landward from the OHWM or Top of Slope
whichever is most protective of the shoreline, and those activities that are allowed under
AMC 20.64 Floodplains.
Table 20.93-3: Non-ESA Stream Buffer Width Stream
Type Standard Buffer
S 150 feet
F-ESA 150 feet
F 100 feet
Np 50 feet
Ns 50 feet
Non-
natural
None
c. The applicant shall dedicate to the City an exclusive Environmentally Critical Area
easement for the protection of creeks, streams, rivers, lakes, or other surface water
over the Environmentally Critical Area and a buffer consistent with the standards
listed in Subsection (a).
20.93.740 Mitigation.
(a) In order to avoid significant environmental impacts for those activities not regulated
by the Shoreline Master Program and allowed pursuant to §20.93.720 (Streams,
Creeks, Rivers, Lakes and Other Surface Water—Allowed Activities), the applicant for a
land use or development permit will select one or more of the following mitigation action,
listed in order of preference. What is considered adequate mitigation will depend on the
nature and magnitude of the potential impact.
1. On-Site Environmentally Critical Area Restoration/Improvement—Restoration
or improvement in functional value of degraded on-site waterways and/or their
buffers at a 2:1 ratio (2 square feet for every 1 square foot impacted).
2. On-Site ECA/ Creation—Creation of on-site waterways and their buffers at a
2:1 ratio (2 square feet for every 1 square foot impacted).
3. On-Site ECA Buffer Restoration—Restoration or improvement in functional
value of degraded on-site waterway buffers at a ratio of 6:1.
(b) All ECA restoration, creation and/or enhancement projects required
pursuant to this Chapter either as a permit condition or as the result of an
enforcement action shall follow a mitigation plan prepared in conformance
to the requirements of §20.93.390 (Mitigation Plan Requirements).
ORDINANCE 2011-____ 27
Part VIII. Wetlands
20.93.800 Classification.
(a) Wetlands shall be rated according to the Washington State wetland rating system
for; Washington State Wetland Rating System for Western Washington - Revised,
Ecology Publication #04-06-025) or as revised by Ecology. Wetland rating categories
shall be applied as the wetland exists at the time of the adoption of this Title or as it
exists at the time of an associated permit application. Wetland rating categories shall
not change due to illegal modifications. Wetlands identified as having local significance
in hydrologic and habitat functions may be rated higher based on importance.
(b) Wetland Types.
1. Category I. Category I wetlands are: 1) relatively undisturbed estuarine
wetlands larger than 1 acre; 2) wetlands that are identified by scientists of the
Washington Natural Heritage Program/DNR as high quality wetlands; 3) bogs; 4)
mature and old-growth forested wetlands larger than 1 acre; 5) wetlands in
coastal lagoons; or 6) wetlands that perform many functions well and score 70 or
above.
Category I wetlands represent a unique or rare wetland type, are more sensitive
to disturbance than most wetlands, are relatively undisturbed and contain some
ecological attributes that are impossible to replace within a human lifetime, or
provide a very high level of functions.
2. Category II. Category II wetlands are: 1) estuarine wetlands smaller than 1
acre,or disturbed estuarine wetlands larger than 1 acre; 2) a wetland identified by
the Washington State Department of Natural Resources as containing “sensitive”
plant species; 3) a bog between ¼ and ½ acre in size; 4) an interdunal wetland
larger than 1 acre; or 5) wetlands with a moderately high level of functions.
Wetland scoring between 51 and 69 points. Wetlands identified as having local
significance in reducing flooding or providing habitat.
Category II wetlands are difficult, though not impossible, to replace, and provide
high levels of some functions. These wetlands occur more commonly than
Category I wetlands, but they still need a relatively high level of protection.
3. Category III. Category III wetlands are: 1) wetlands with a moderate level of
functions scoring between 30 and 50 points; or 2) interdunal wetlands between
0.1 and 1 acre in size. Generally, wetlands in this category may have been
disturbed in some way and are often less diverse or more isolated from other
natural resources in the landscape than Category II wetlands.
4. Category IV. Category IV wetlands have the lowest levels of functions scoring
less than 30 points and are often heavily disturbed. These are wetlands that
should be replaceable, and in some cases may be improved. However,
experience has shown that replacement cannot be guaranteed in any specific
case. These wetlands may provide some important functions and should be
protected to some degree.
ORDINANCE 2011-____ 28
20.93.810 Determination of Boundary.
(a) The Community Development Director, relying on a field investigation supplied by
an applicant, and applying the wetland definition provided in this Chapter shall
determine the location of the wetland boundary. Qualified professional and
technical scientists shall perform wetland delineations. Identification of wetlands
and delineation of their boundaries pursuant to this Chapter shall be done in
accordance with the approved federal wetland delineation manual and applicable
regional supplements. All areas within the City meeting the wetland designation
criteria in that procedure are hereby designated critical areas and are subject to
the provisions of this Chapter. Criteria to be included in required wetland
identification reports may be found in §20.93.390 Mitigation Plan Requirements).
The applicant is required to show the location of the wetland boundary on a scaled
drawing as a part of the permit application.
1. Designating, Defining, and Identifying Wetlands. Wetlands are those
areas, identified in accordance with RCW 90.58.030: "Wetlands" means areas that
are inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do
not include those artificial wetlands intentionally created from non-wetland sites,
including, but not limited to, irrigation and drainage ditches, grass-lined swales,
canals, detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities, or those wetlands created after July 1, 1990, that were
unintentionally created as a result of the construction of a road, street, or highway.
Wetlands may include those artificial wetlands intentionally created from nonwetland
areas to mitigate the conversion of wetlands. All areas within the [city/county]
meeting the criteria in the wetland definition regardless ofwhether these areas have
previously been identified or mapped, are hereby designated critical areas and are
subject to the provisions of this Title.
2. Mapping.
(a) The approximate location and extent of wetlands are shown on
the critical area(s) maps adopted in the City of Arlington Comprehensive Plan.
Additionally, soil maps produced by U.S. Department of Agriculture Natural
Resources Conservation Service may be useful in helping to identify potential
wetland areas. These maps are to be used as a guide for the city, project
applicants, and/or property owners to identify potential wetland areas that may be
subject to the provisions of this Title.
(b) It is the actual presence of wetlands on a parcel, as delineated by the
requirements of the methods in the approved federal wetland delineation manual
and applicable regional supplements in accordance with WAC 173-22-035, that
establishes duties under this chapter. The exact location of a wetland’s
boundary shall be determined through the performance of a field delineation by a
qualified wetlands professional, applying the approved federal wetland
delineation manual and applicable regional supplements in accordance with
WAC 173-22-035.
ORDINANCE 2011-____ 29
(b) Where the applicant has provided a delineation of the wetland boundary, the
Community Development Director shall verify the accuracy of, and may render
adjustments to, the boundary delineation. In the event the applicant contests the
adjusted boundary delineation, the Community Development Director shall, at the
applicant’s expense, obtain expert services to render a final delineation.
(c) When agreed to by the applicant, the Community Development Director may waive
the requirement that the applicant provide the delineation of boundary and rely on staff
delineation. The Community Development Director shall consult with qualified
professional scientists and technical experts or other experts as needed to perform the
delineation. The applicant will be charged for the costs incurred. Where the Community
Development Director performs a wetland delineation at the request of the applicant,
such delineation shall be considered a final determination.
20.93.820 Allowed Activities.
Except where regulated by other sections of this, Shoreline Master Program or any
other Title or law, and provided they are conducted using best management practices,
the following uses shall be allowed within wetlands and their buffers when the
requirements of §20.93.830 (Wetlands—Requirements) and 20.93.840 (Wetlands—
Mitigation) have been met, state and federal approvals have been granted when
required, and mitigation adequate to alleviate any other impacts has been proposed:
Generally uses will be required to avoid and minimize impacts, and compensate for the
impact that may reduce the functions of the wetland or its buffers:
(a) Those uses listed in §20.93.220 (General Provisions—Allowed Activities).
(b) In Class III and Class IV wetlands only, access to developable portions of legal lots
where:
1. there is no other feasible method of accessing the property,
2. altering the terrain would not cause drainage impacts to neighboring
properties, and
3. not more than 2,500 square feet of wetland is impacted, and mitigated.
(c) Permitted Uses in a Wetland Buffer—Regulated activities shall not be allowed in a
buffer except for the following:
1. Activities having minimal adverse impacts on buffers and no adverse impacts
on regulated wetlands. These may include low intensity, passive recreational
activities such as low impact trails in the outer 25%, non-permanent wildlife
watching blinds, short-term scientific or educational activities, and sports fishing;
2. With respect to category III and IV wetlands, stormwater management facilities
having no reasonable alternative on-site location; or
3. With respect to category III and IV wetlands, development having no feasible
alternative location when the following conditions have been met: Impacts are the
minimum necessary; Buffer impacts are mitigated through buffer averaging.
(d) Those activities and uses conducted pursuant to the Washington State Forest
Practices Act and its rules and regulations, WAC 222-12-030, where state law
specifically exempts local authority, except those developments requiring local approval
for Class 4 – General Forest Practice Permits (conversions) as defined in RCW 76.09
and WAC 222-12:
ORDINANCE 2011-____ 30
1. Conservation or preservation of soil, water, vegetation, fish, shellfish, and/or
other wildlife that does not entail changing the structure or functions of the
existing wetland.
2. The harvesting of wild crops in a manner that is not injurious to natural
reproduction of such crops and provided the harvesting does not require tilling of
soil, planting of crops, chemical applications, or alteration of the wetland by
changing existing topography, water conditions, or water sources.
3. Drilling for utilities/utility corridors under a wetland, with entrance/exit portals
located completely outside of the wetland buffer, provided that the drilling does
not interrupt the ground water connection to the wetland or percolation of surface
water down through the soil column. Specific studies by a hydrologist are
necessary to determine whether the ground water connection to the wetland or
percolation of surface water down through the soil column will be disturbed.
4. Enhancement of a wetland through the removal of non-native invasive plant
species. Removal of invasive plant species shall be restricted to hand removal
unless permits from the appropriate regulatory agencies have been obtained for
approved biological or chemical treatments. All removed plant material shall be
taken away from the site and appropriately disposed of. Plants that appear on the
Washington State Noxious Weed Control Board list of noxious weeds must be
handled and disposed of according to a noxious weed control plan appropriate to
that species. Re-vegetation with appropriate native species at natural densities is
allowed in conjunction with removal of invasive plant species.
5. Educational and scientific research activities.
6. Normal and routine maintenance and repair of any existing public or private
facilities within an existing right-of-way, provided that the maintenance or repair
does not expand the footprint of the facility or right-of-way and impacts are
mitigated.
7. Stormwater management facilities. Stormwater management facilities are
limited to stormwater dispersion outfalls and bioswales. They may be allowed
within the outer twenty-five percent (25%) of 50-foot management zone,
whichever is most protective, of Category II, III or IV wetlands buffer when the
50-foot management zone is in an already developed state including buildings,
parking lots, lawn or ornamental landscaping stormwater management systems
designed to blend into the natural landscape allowing full mature growth of native
trees and shrubs, and provide the same or greater functional habitat that would
occur in a naturally vegetated buffer. Specifically, this does not include buried
vaults, ecology block or grass-lined ponds or swales (though ponds or swales
planted with native vegetation may be allowed). Such systems are required to
provide diffuse effluent point(s) to the immediate edge of the no-touch buffer to
allow infiltration and polishing, provided that:
a. No other location is feasible; and
b. The location of such facilities will not degrade the functions or values of
the wetland; and
c. Stormwater management facilities are not allowed in intact buffers of
Category I wetlands.
ORDINANCE 2011-____ 31
8. Non-Conforming Uses. Repair and maintenance of non-conforming uses or
structures, where legally established within the buffer, provided they do not
increase the degree of nonconformity.
20.93.830 Requirements.
(a) Buffers—ECA buffers shall be required for all regulated activities adjacent to
regulated wetlands as provided in Table 20.93-4, below, unless modified per
Subsection (b). Any wetland created, restored, or enhanced as compensation for
approved wetland alterations shall also include the standard buffer required for
the category of the created, restored, or enhanced wetland. All buffers shall be
measured from the wetland boundary as determined pursuant to §20.93.810
(Wetlands—Determination of Boundary). The width of the wetland buffer zone
shall be determined according to wetland category and the proposed land use.
These buffers have been established to reflect the impact of land use intensity on
wetland functions and values.
(b) The standard buffer widths in Table 20.93-4 have been established in
accordance with the best available science. They are based on the category of
wetland and the habitat score as determined by a qualified wetland professional
using the Washington state wetland rating system for Western Washington.
1. The use of the standard buffer width requires the implementation of the
measures in Table 20.93-5, where applicable, to minimize the impacts of the
adjacent land uses.
2. If an applicant chooses not to apply the mitigation measures in Table 20.93-5
or other sections of this document, then a 33% increase in the width of all
buffers is required. For example, a 75-foot buffer with the mitigation
measures would be a 100- foot buffer without them.
3. The standard buffer widths assume that the buffer is vegetated with a native
plant community appropriate for the ecoregion. If the existing buffer is
unvegetated, sparsely vegetated, or vegetated with invasive species that do
not perform needed functions, the buffer should either be planted to create
the appropriate plant community or the buffer should be widened to ensure
that adequate functions of the buffer are provided.
4. Additional buffer widths are added to the standard buffer widths as indicated
in Table 20.93 – 4.
(c) The applicant shall dedicate to the City an exclusive Environmentally Critical
Area easement for the protection of wetlands over the Environmentally Critical
Area and a buffer consistent with the standards listed in Subsection (a).
Table 20.93-4 – Wetland Buffer Requirements for Western Washington
Wetland Category Standard
Buffer
Width
Additional
buffer width if
wetland
scores 21 –
25 habitat
points
Additional
buffer width if
wetland
scores 26 –
29 habitat
points
Additional
buffer width if
wetland
scores 30 –
36 habitat
points
ORDINANCE 2011-____ 32
Category I: based on total
score
75 ft Add 30 ft Add 90 ft Add 150 ft
Category I: Bogs 190 ft NA NA Add 35 ft
Category I: Natural
Heritage Wetlands
190 ft NA NA Add 35 ft
Category I: Forested 75 ft Add 30 ft Add 90 ft Add 150 ft
Category II: Based on
Score
75 ft Add 30 ft Add 90 ft Add 150 ft
Category III: (all) 60 ft Add 45 ft Add 105 ft NA
Category IV: (all) 40 ft NA NA NA
Table 20.93-5. Examples of Required Measures to Minimize Impacts (This is not a
complete list of measures.)
Examples of
Disturbance
Activities and Uses that
Cause Disturbances
Examples of Measures to Minimize Impacts
Lights • Parking lots
• Warehouses
• Manufacturing
• Residential
•Parks
• Direct lights away from critical areas and
buffers
• Day use only regulations preventing the
need for lights
• Timer on lights
Noise • Manufacturing
• Residential
• Locate activity that generates noise away
from wetlands
• Seasonal limitations on hours of operation
Toxic runoff* • Parking lots
• Roads
• Manufacturing
• Residential areas
• Application of
agricultural
pesticides
• Landscaping
• Route all new, untreated runoff away from
wetland while ensuring wetland is not
dewatered
• Establish covenants limiting use of
pesticides
within 150 ft of critical area or buffer
• Apply integrated pest management
Stormwater
runoff
• Parking lots
• Roads
• Manufacturing
• Residential areas
• Commercial
• Landscaping
• Retrofit stormwater detention and treatment
for roads and existing adjacent development
• Prevent channelized flow from lawns that
directly enters the buffer
Change in
water regime
• Impermeable surfaces
• Lawns
• Infiltrate or treat, detain, and disperse into
buffer new runoff from impervious surfaces
ORDINANCE 2011-____ 33
• Tilling
•Forest and forest duff
removal
and new lawns
•Retain minimum forest and forest duff
Pets and
human
disturbance
• Residential areas
•Parks
• Use privacy fencing; plant dense vegetation
to
delineate buffer edge and to discourage
disturbance using vegetation appropriate for
the ecoregion; place wetland and its buffer in
a separate tract
Dust • Construction sites • Use best management practices to control
dust
Disruption of
corridors or
connections
•Roads
•Residential
•Commercial
•Manufacturing
•Landscaping
•Stormwater
•Maintain connection to offsite areas that are
undisturbed
•Restore corridors or connections to offsite
habitats by replanting
* These examples are not necessarily adequate for minimizing toxic runoff if threatened
or endangered species are present at the site.
20.93.840 Mitigation.
(a) In order to avoid significant environmental impacts, the applicant for a land use or
development permit shall compensate for unavoidable wetland impacts, listed in order
of preference and in accordance with section 4.2 of the Shoreline Master Plan. What is
considered adequate mitigation will depend on the nature and magnitude of the
potential impact, or specifically identified in the Shoreline Master Program as required
mitigation.
1. On-Site Wetlands Restoration/ Improvement—Restoration or improvement in
functional value of degraded on-site wetlands and/or their buffers at the ratio
listed in Table 20.93-6 according to the wetland type.
2. On-Site Wetlands Creation—Creation of on-site wetlands and their buffers at
the ratio listed in Table 20.93-6 according to the wetland type.
3. On-Site Wetlands Buffer Restoration—Restoration or improvement in
functional value of degraded on-site wetland buffers at the ratio listed in Table
20.93-6 according to the wetland type.
4. Off-Site Wetlands Protection—Where on-site protection is not possible,
dedicate an exclusive easement for the protection of equivalent (in ecological
type and function) wetland and its buffer on an off-site wetland at the ratio listed
in Table 20.93-6 according to the wetland type. The location of any off-site
wetland mitigation area shall be located within the same watershed as the impact
and as near to the site as possible, following this preferred order: (i) contiguous
ORDINANCE 2011-____ 34
to the impacted wetland, (ii) within the same drainage basin where it would best
provide the same function as the impacted wetland, and (iii) elsewhere within the
City.
(b) All wetland restoration, creation and/or enhancement projects required pursuant to
this Chapter either as a permit condition or as the result of an enforcement action shall
follow a mitigation plan prepared in conformance to the requirements of §20.93.390
(Mitigation Plan Requirements).
(c) Location of mitigation. When compensatory measures are appropriate pursuant to
the mitigation priority sequence above, preferential consideration shall be given to
measures that replace the impacted functions directly and in the immediate vicinity of
the impact. However, alternative compensatory mitigation within the watershed sub-
basin that addresses limiting factors or identified critical needs for shoreline resource
conservation based on watershed or comprehensive resource management plans
applicable to the area of impact may be authorized. If there are no previously identified
mitigation opportunities in the impacted sub-basin identified in local watershed or
comprehensive plans the applicant will use a watershed approach in selecting mitigation
sites utilizing Selecting Wetland Mitigation Sites Using a Watershed Approach (Western
Washington) (Publication #09-06-32).Authorization of compensatory mitigation
measures may require appropriate safeguards, terms, or conditions as necessary to
ensure no net loss of ecological functions. (WAC 173-26-201(2)(e)(ii)(B))
(c) Mitigation ratios for the replacement of impacted wetlands shall be as listed in Table
20.93-6.
Table 20.93 - 6
Category and
Type of
Wetland
Creation or Re-
establishment
Rehabilitation Enhancement Preservation
Category I:
Bog, Natural
Heritage site
Not considered
possible
6:1 Case by case 10:1
Category I:
Mature
Forested
6:1 12:1 24:1 24:1
Category I:
Based on
functions
4:1 8:1 16:1 20:1
Category II 3:1 6:1 12:1 20:1
Category III 2:1 4:1 8:1 15:1
Category IV 1.5:1 3:1 6:1 10:1
20.93 850 Monitoring
ORDINANCE 2011-____ 35
1. For projects that include native vegetation, a detailed five-year or ten-year vegetation
maintenance and monitoring program to include the following:
(a) Goals and objectives of the shoreline stabilization plan;
(b) Success criteria by which the implemented plan will be assessed;
(c) A Ten (10) year maintenance and monitoring plan for wetland projects
with trees and shrubs , consisting of site visits done in years 1, 2, 5, 7 and 10 by
a qualified professional, with progress reports submitted to the Shoreline
Administrator and all other agencies with jurisdiction following the site visits ; and,
a maintenance and monitoring plan for Compensatory mitigation projects which
shall be monitored for a minimum of five years with monitoring plans submitted
for 0, 1 , 2, 3 and 5 years.
(d) A contingency plan in case of failure.
2. Monitoring of Fish and Wildlife populations may be required.
Part IX. Aquifer Recharge Areas
20.93.900 Purpose and Objectives.
(a) The purpose of this Part is to protect public aquifer recharge areas. Additionally, it is
the intent of this Part to adopt development regulations, as required in RCW
36.70A.060, that preclude land uses or development that is incompatible with critical
areas designated under RCW 36.70A.170.
(b) The objectives of this Part are to:
1. Protect human life and health;
2. Assure the long-term conservation of resources;
3. Protect groundwater; and,
4. Further the public interest in the conservation and wise use of lands.
20.93.910 Applicability.
(a) All development except those exempted in Subsection (b) is subject to the
regulations of this Part.
(b) The following uses are exempt from this Part:
1. Uses legally existing on any parcel prior to these regulations’ adoption.
20.93.920 Information Required Upon Application.
All land use permit applications for development subject to these regulations shall
include the information specified in Table 20.93-6, Groundwater Protection
Administration Guidance Chart.
20.93.930 Hydrogeologic Site Evaluations.
Hydrogeologic site evaluations shall address the following:
(a) Soil texture, permeability, and contaminant attenuation properties;
(b) Characteristics of the unsaturated top layer of soil, the vadose zone, and geologic
material, including permeability and attenuation properties;
(c) Depth to groundwater and/or impermeable soil layer;
(d) Aquifer properties such as hydraulic conductivity and gradients.
(e) Potential impacts to the aquifer or groundwater.
ORDINANCE 2011-____ 36
20.93.940 Best Management Practices (BMP) Plans.
Best Management Practices (BMP) Plans shall detail what actions or operations may
harm the aquifer if not performed or managed properly and how such actions or
operations shall be performed or managed so as to avoid impacts. Permit applications
may be conditioned on on-going adherence to the BMP Plan.
20.93.950 Mitigation Plans
(a) If the evaluation identifies significant impacts to critical public aquifer storage
recharge areas, the project applicant is required to document potential impacts and
provide a discussion of alternatives by which such impacts could be avoided or
prevented.
(b) The applicant shall provide a detailed mitigation plan for avoiding potential impacts.
The City may require that the mitigation plan include preventative measures, monitoring,
process control, and remediation, as appropriate. The mitigation plan must be approved
by the City and be implemented as a condition of project approval.
20.93.960 Imposition of Conditions on Projects
Based on available information, including that provided by the applicant pursuant to the
requirements of Sections 20.93.920 (Aquifer Recharge Areas—Information Required
Upon Application), the permit-issuing authority shall impose conditions designed to
prevent degradation of groundwater quality or quantity. Such conditions may include
determining background water quality and quantity prior to development, determining
groundwater levels, monitoring of those levels, mitigation plans including prevention,
and development of groundwater quality or quantity management plans. All conditions
on permits shall be based on known, available, and reasonable methods of prevention,
control, and treatment.
Table 20.93-6: Groundwater Protection Administration Guidance Chart Project
Use Type Information Required with
Application
1.
Underground Storage Tanks (USTs) as defined by
Chapter173-360 WAC
A Best Management Practices
Plan is required, as is proof of
compliance with Department of
Ecology regulations and the
license number of the installer.
A mitigation plan may be
required.
2.
Commercial, industrial, institutional, or other facilities
that store, use, handle, or produce hazardous
substances or waste products (as defined by WAC
173-303-101)
A Best Management Practices
Plan is required. A mitigation
plan may be required.
3.
On-site sewage disposal systems serving large
developments, or any single use generating sufficient
Proof of compliance with
Department of Ecology and/or
Snohomish County Health
ORDINANCE 2011-____ 37
effluent over three thousand five hundred (3,500)
gallons per day, require approval of their plans by the
Department of Health under Chapter 246-272 WAC or
the Department of Ecology under Chapter 173-240
WAC
District requirements. A
mitigation plan may be
required.
4. Petroleum pipelines Both a Hydrologic Site
Evaluation and a Best
Management Practices Plan
are required. A mitigation plan
may be required.
5. Solid waste facilities Both a Hydrologic Site
Evaluation and a Best
Management Practices Plan
are required. A mitigation plan
may be required.
6. Land application of sewage sludge from sewage
treatment works which combine industrial waste
and/or commercial waste with domestic waste or any
sewage sludge application exceeding two (2) acres in
size
Both a Hydrologic Site
Evaluation and a Best
Management Practices Plan
are required. These studies
shall determine the application
rate. A mitigation plan may be
required.
7. All other development. Determination of whether the
project lies within a public
groundwater recharge area or
whether any wells are located
within 100 feet of the project. If
either of these criteria is met,
the applicant must show how
all applicable regulations,
including but not limited to
those of the Department of
Ecology and/or Snohomish
County Health District, are met.
A mitigation plan may be
required.
Part X. Adoption of Plans
20.93.970 Shoreline Master Plan and Maps Adopted.
The City hereby adopts and incorporates by reference herein the “City of Arlington
Shoreline Master Program”, September 2011 draft, prepared by the Watershed
Company, as its Shoreline Master Plan, including the Maps reflecting Environment
Designations contained in Appendix A thereto.
ORDINANCE 2011-____ 38
Section 2. Chapter 20.92 of the Arlington Municipal Code shall be and hereby
is repealed.
Section 3. Severability. If any provision, section, or part of this ordinance shall
be adjudged to be invalid or unconstitutional, such adjudication shall not affect the
validity of the ordinance as a whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
Section 4. Effective Date. The title of this Ordinance, which summarizes the
contents of this ordinance, shall be published in the official newspaper of the City. The
Ordinance shall take effect and be in full force five (5) days after the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this ____ day of
December, 2011.
CITY OF ARLINGTON
___________________________
Margaret Larson, Mayor
Attest:
_____________________________
Kristin Banfield, City Clerk
Approved as to form:
______________________________
Steven J. Peiffle
City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
UNFINISHED BUSINESS #2
ATTACHMENT G
COUNCIL MEETING DATE:
December 5, 2011
SUBJECT:
FEMA Floodplain Regulations Adoption
DEPARTMENT OF ORIGIN:
Community Development – Bill Blake
ATTACHMENTS:
1. Ordinance adopting the Amended Chapter 20.64 Floodplain
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
Legal review complete
DESCRIPTION:
The adoption of this document will fulfill the FEMA requirements to amend our floodplain
regulations in regards the FEMA Biological Opinion (BiOp). Once adopted the Ordinance will be
submitted to FEMA for final concurrence.
HISTORY:
The National Marine Fisheries Service issued a Biological Opinion in 2008 that the current
National Flood Insurance Program (NFIP) was causing the take of ESA listed species including
Chinook Salmon and Orca whales. We amended our existing ordinance to meet the
requirements according to the checklist provided by FEMA. Council authorized staff to send to
FEMA. This draft was approved by FEMA. We will receive full concurrence from FEMA once
they have received a copy of our adopted ordinance. We had one request during the public
hearing for further clarification on section 20, 64.100.d. The issue was discussed and no changes
were necessary.
ALTERNATIVES:
1. Adopt the Ordinance.
2. Do not adopt.
3. Adopt with changes.
RECOMMENDED MOTION:
I move that Council approve the proposed Ordinance adopting the amended Floodplain
regulations in AMC Chapter 20.64 Floodways, Floodplains, Drainage, and Erosion; and the
Riparian Habitat Zone map.
Ordinance No. 2011-XXX
1
ORDINANCE NO. 2011-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, MAKING AMENDMENTS
TO TITLE 20 OF THE ARLINGTON MUNICIPAL CODE TO AMEND CERTAIN SECTIONS OF
ARLINGTON MUNICIPAL CODE CHAPTER 20.64 RELATING TO FLOODWAYS,
FLOODPLAIN, DRAINAGE AND EROSION
WHEREAS, the City of Arlington has the authority to regulate land uses within the City;
and
WHEREAS, the City of Arlington has adopted a land use code and Floodplain
regulations pursuant to the updated Comprehensive Plan; and
WHEREAS, the city wishes to amend provisions of the land use code relating to the
management of the floodplain; and
WHEREAS, environmental review has been completed as required by SEPA and
consistent with the requirements of the State Growth Management Act;
WHEREAS, the City Planning Commission considered these amendments at their
October 04, 2011 public hearing and the City Council considered the same, along with the
Planning Commission recommendations, at a public hearing conducted on November 7, 2011
and determined approving the amendments was in the best interest of the City and its citizens;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. Arlington Municipal Code section 20.64.030 shall be and hereby is
amended to read as follows:
20.64.030 Statement of Purpose.
It is the purpose of this ordinance to promote the public health, safety, and general welfare, and
to minimize public and private losses due to flood conditions in specific areas by provisions
designed:
(a) To protect human life and health;
(b) To manage development in a manner reducing impacts to floodplain processes;
(c) To minimize expenditure of public money and costly flood control projects;
(d) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(e) To minimize prolonged business interruptions;
(f) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
(g) To help maintain a stable tax base by providing for the sound use and development of areas
of special flood hazard so as to minimize future flood blight areas;
(h) To ensure that potential buyers are notified that property is in an area of special flood
hazard; and,
(i) To ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions.
Ordinance No. 2011-XXX
2
Section 2. Arlington Municipal Code section 20.64.040 shall be and hereby is
amended to read as follows:
20.64.040 Methods of Reducing Flood Losses.
In order to accomplish its purposes, this ordinance includes methods and provisions for:
(a) Restricting or prohibiting uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;
(b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(c) Controlling the alteration of natural flood plains, stream channels, wetlands and natural
protective barriers, which help accommodate or channel flood waters;
(d) Controlling filling, grading, dredging, and other development which may increase flood
damage; and
(e) Preventing or regulating the construction of flood barriers that will unnaturally divert
floodwaters or may increase flood hazards in other areas.
Section 3. Arlington Municipal Code section 20.64.050 shall be and hereby is
amended to amend the following definitions, as follows:
Area of Special Flood Hazard” means the land in the floodplain within a community
subject to a one-percent or greater chance of flooding in any given year. Designation on
maps always includes the letters A or V.
“Development” means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials located
within the area of special flood hazard, subdivision of land, removal of substantial
amounts of vegetation, or alteration of natural site characteristics.
“Floodplain Administrator.” The Director of Development ServicesCommunity
Development is hereby deemed to be the City’s Floodplain Administrator.
Section 4. Arlington Municipal Code section 20.64.050 shall be and hereby is
amended to add the following new definitions, as follows:
“Base Flood” means the flood having a 1% chance of being equaled or exceeded in any
given year (also referred to as the “100-year flood”). Designated on Flood Insurance
Rate Maps by the letters A or V.
“Channel Migration Zone” means the lateral extent of likely movement along a stream
reach during the next one hundred years with evidence of active stream channel
movement over the past one hundred years.
“Floodway” means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
Ordinance No. 2011-XXX
3
“Riparian Habitat Zone” an area identified on the approved map that provides the
necessary protection perpendicularly from, 1. The ordinary high water mark 2. The
Channel Migration Zone, 3. The mapped Floodway.
Section 5. Arlington Municipal Code section 20.64.060(a) shall be and hereby is
amended to read as follows:
20.64.060 Basis for Establishing the Areas of Special Flood Hazard.
(a) The areas of special flood hazard identified by the Federal Insurance Administration in a
scientific and engineering report entitled “The Flood Insurance Study for Snohomish County” (in
which the City of Arlington is incorporated) dated September 29, 2006, or as amended, with an
accompanying Flood Insurance Rate Map (FIRM), as amended, are hereby adopted by
reference and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM
are on file at Arlington City Hall, 238 North Olympic, Arlington, Washington. The best available
information for flood hazard area identification as outlined in Subsection (b) shall be the basis
for regulation until a new FIRM is issued which incorporates the data utilized under Subsection
(b).
Section 6. Arlington Municipal Code section 20.64.100 shall be and hereby is
amended to read as follows:
20.64.100 Supplementary Information Required with a Permit Application.
In addition to the standard information required with a permit application (§20.16.040,
Applications To Be Complete), the following information is also required for any permits
proposing development within a floodway or floodplain:
(a) Elevation in relation to mean sea level, of the lowest floor (including basement) of all
structures;
(b) Elevation in relation to mean sea level to which any structure has been flood-proofed;
(c) Certification by a registered professional engineer or architect that the flood-proofing
methods for any nonresidential structure meet the flood-proofing criteria in Subsection
20.64.180(b) (Specific Standards for Zones A1-30, AH, and AE); and
(d) Description of the extent to which a watercourse will be altered or relocated as a
result of proposed development.
Section 7. Arlington Municipal Code section 20.64.110 shall be and hereby is
amended to read as follows:
20.64.110 Conformance with Chapter 20.88 (Environmentally Critical Areas).
Wherever this section allows uses within a floodway or floodplain, that use must also be
consistent with Chapter 20.88 (Environmentally Critical Areas) and Chapter 20.92 (Shoreline
Management) in terms of both allowable use and location of use. In any case, wherever
regulations in these two Chapters conflict, the more restrictive shall prevail. The explicit intent of
this section is to not allow development that is inconsistent with Chapter 20.88 or Chapter 20.92
to occur in the restricted areas or buffers required by that Chapter, even though it may seem
permissible according to the regulations of this chapter.
Section 8. Arlington Municipal Code section 20.64.120 shall be and hereby is
amended to read as follows:
Ordinance No. 2011-XXX
4
20.64.120 Location of Boundaries of Floodplain and Floodway Districts and Riparian Habitat
Zone.
(a). As used in this chapter, the terms floodplain and floodway refer in the first instance to
certain areas whose boundaries are determined and can be located on the ground by reference
to the specific fluvial characteristics set forth in the definitions of these terms. These terms also
refer to overlay zoning districts whose boundaries correspond to the actual physical location of
floodways and floodplains as shown on FEMA’s Flood Insurance Rate Map (FIRM) and should
be shown on the map identified in §20.92 (Shoreline Master Plan). (These overlay districts thus
differ from other zoning districts whose boundaries are established solely according to planning
or policy, rather than physical, criteria.) Therefore, the administrator is authorized to make
necessary interpretations as to the exact location of the boundaries of floodways or floodplains if
there appears to be a conflict between a mapped boundary and actual field conditions. Such
interpretations, like other decisions of the administrator, may be appealed pursuant to
§20.20.010 (Appeals).
(b). As used in this chapter the term Riparian Habitat Zone (RHZ) is identified on the approved
RHZ map. The RHZ is an overlay zone that encompasses lands as defined above on either side
of all stream, and for all other watercourse including off channel areas within the Special Flood
Hazard Areas. The RHZ is a no new disturbance zone, other than for activities that will not
adversely affect the existing habitat function. Any property or portion thereof that lies within the
RHZ is subject to the restrictions of the RHZ, as well as any zoning restriction that apply to the
parcel in the underlying zoning. Unless shown otherwise the RHZ on a channel migration zone
is 50 feet. Other areas not identified on the RHZ, but are located in the floodplain areas will be
subject to the Shoreline Master Plan Critical Areas Appendix B.
(c). When updating the maps the City must consider future conditions and the cumulative effect
from the future land-use changes.
(d). When updating the maps the City must consider identifying and evaluating the risk of
flooding behind 100-year levees within the City jurisdiction based on future conditions and
cumulative effects.
(e). When evaluating risk it may be determined that an individual project will conduct an ESA
consultation with the services.
Section 9. Arlington Municipal Code section 20.64.150 shall be and hereby is
amended to read as follows:
20.64.150 Permissible Uses Within Floodways.
(a). Notwithstanding Chapter 20.40 (Permissible Uses) of this Title, no permit to make use of
land within a floodway may be issued unless the proposed use is listed as permissible in the
Table of Permissible Uses, Chapter 20.88, Environmentally Critical Areas, and in the following
list:
1. General habitat restoration, farming, pasture, outdoor plant nurseries, horticulture,
forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife, and related
uses.
2. Ground-level loading areas, parking areas, boat launch, rotary aircraft ports, and other
similar ground-level area uses.
3. Lawns, gardens, play areas, and other similar uses.
4. Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks,
hiking or horseback-riding trails, open space, and other similar private and public
recreational uses.
As indicated in §20.36.060 (Floodplain), the floodplain and floodway districts are established as
overlay districts.
Ordinance No. 2011-XXX
5
(b) General Development standards to be followed in Special Flood Hazard Area include:
1. If a lot has a buildable site out of the Special Flood Hazard Area, all new structures
shall be located there, when feasible. If the lot is fully in the floodplain, structures must
be located to have the least impact on salmon.
2. Stormwater and drainage features shall incorporate low impact development
techniques that mimic pre-development hydrologic conditions, when technically feasible.
3. Creation of new impervious surfaces shall not exceed 10 percent of the surface area
of the portion of the lot in the floodplain unless mitigation is provided and maintained that
functions as “10% effective impervious surface”.
4. Any loss of floodplain storage shall be avoided, rectified or compensated for as
identified in (20.88.530)
5. Uses that are not permitted in the Protected Area unless shown not to adversely affect
water quality, habitat, etc., include septic tanks and drain fields, dumping of nay material,
hazardous or sanitary waste landfills: receiving area for toxic or hazardous waste or
other contaminants.
6. The proposed action must be designed and located so that new structural flood
protection is not needed.
7. New road crossing over ESA listed streams within the special flood hazard area are
prohibited unless a concurrence letter from NMFS or a habitat assessment
demonstrating “no adverse affect” is received.
8. Uses that are allowed in the existing or equivalent zoning and do not require an up-
zoning increasing floodplain development densities, or participate in a TDR program that
results in an equivalent or greater area of Stillaguamish floodplain to be protected from
development in perpetuity.
Section 10. Arlington Municipal Code section 20.64.160 shall be and hereby is
amended to read as follows:
20.64.160 Construction Within Floodways and Floodplains Restricted, Habitat Protection
Standards.
Any development occurring in the Floodway or Floodplain will require the issuance of a “Flood
Hazard permit”. A development permit shall be obtained before construction or development
begins within any area of special flood hazard area. The permit shall be for all structures
including manufactured homes, and for all development including fill and other activities as set
forth in this ordinance.
(a) No land use or building permit may be issued for any development within a floodplain until
the permit-issuing authority has reviewed the plans for any such development to assure that:
1. The proposed development is consistent with the need to minimize flood damage, and
2. All public utilities and facilities such as sewer, gas, electrical, and water systems are
located and constructed to minimize or eliminate flood damage, and
3. Adequate drainage is provided to minimize or reduce exposure to flood hazards, and
4. All necessary permits have been received from those agencies from which approval is
required by federal or state law, and
5. The application for a permit to develop in the affected area must include the
elevations of the 10-, 50-, and 100-year floods, where such data are available, and
6. The applicant must record a notice on the title that the property contains land within
the RHZ and/or 100-year floodplain before a permit may be issued, and
7. Any improvements or repairs to existing structures that result in a greater than 10
percent increase of the structure footprint must mitigate for any adverse effects, and
8. Removal of native vegetation must leave 65 percent of the surface area of the portion
of the property in the floodplain with native vegetation in an undeveloped state, and
Ordinance No. 2011-XXX
6
9. Development in the floodway, RHZ, and CMZ will not adversely affect water quality,
water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain
refugia for listed salmon, and
10. Development outside the protected area must mitigate for adverse indirect effects on
stormwater, riparian vegetation, bank stability, channel migration, hyporheic zone,
wetland and large woody debris functions.
(b) No building may be constructed and no substantial improvement of an existing building may
take place within any floodway. This includes a prohibition on installing new mobile homes in an
existing mobile home park located in a floodway, even if the park is nonconforming.
(c) Where elevation data is not available either through the Flood Insurance Study, FIRM, or
from another authoritative source the applicant shall obtain, review, and reasonably utilize any
base flood elevation and floodway data available from a Federal, State or other source
(§20.64.060(b) Basis for Establishing the Areas of Special Flood Hazard), applications for
building permits shall be reviewed to assure that proposed construction will be reasonably safe
from flooding. The test of reasonableness is a local judgment and includes use of historical
data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at
least two feet above the highest adjacent grade in these zones may result in higher insurance
rates.
(d) No new residential building may be constructed and no substantial improvement of a
residential building may take place within any floodplain unless the lowest floor (including
basement) of the building or improvement is elevated to or one foot above the base flood level.
1. Residential accessory structures shall be allowed within floodplains provided they are
firmly anchored to prevent flotation.
2. Anchoring of any accessory buildings may be done by bolting the building to a
concrete slab or by over-the-top ties. When bolting to a concrete slab, one-half inch bolts
six feet on center with a minimum of two per side shall be required. If over-the-top ties
are used, a minimum of two ties with a force adequate to secure the building is required.
(e) No new non-residential building may be constructed and no substantial improvements of a
nonresidential building may take place within any floodplain unless the lowest floor (including
basement) of the building or improvement is elevated or flood-proofed to or one-foot above the
base flood level. Where flood proofing is used in lieu of elevation, a registered professional
engineer or architect shall certify that any new construction or substantial improvement has
been designed to withstand the flood depths, pressure, velocities, impact, and uplift forces
associated with the base flood at the location of the building and that the walls below the base
flood level are substantially impermeable to the passage of water.
(f) For purposes of this section, “substantial improvement” means for a building constructed
prior to the effective date of this title, any repair, reconstruction, or improvement of a building the
cost of which equals or exceeds 50 percent of the market value of the structure either (i) before
the improvement or repair is started or (ii) if the structure has been damaged and is being
restored, before the damage occurred. “Substantial improvement” occurs when the first
alteration on any wall, ceiling, floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the building. The term does not,
however, include either (i) any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications that are solely necessary to insure
safe living conditions, or (ii) any alteration of a building listed on the National Register of Historic
Places or a State Inventory of Historic Places.
(g) No land use or building permit may be issued for any development within a floodplain until
the permit-issuing authority has reviewed the plans to assure that any new construction or
substantial improvements shall be:
1. Designed (or modified) and adequately anchored to prevent flotation collapse, or
lateral movement of the structure.
Ordinance No. 2011-XXX
7
2. Constructed with materials and utility equipment resistant to flood damage.
3. Constructed by methods and practices that minimize flood damage.
(h) Notwithstanding any other provision of this title, no mobile home may be located or relocated
within that portion of the floodplain outside of the floodway, unless the following criteria are met:
1. Ground anchors for tie downs are provided.
2. The following tie-down requirements are met:
i. All new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure.
ii. All manufactured homes must likewise be anchored to prevent flotation,
collapse, or lateral movement, and shall be installed using methods and practices
that minimize flood damage. Anchoring methods may include, but are not limited
to, use of over-the-top or frame ties to ground anchors (Reference FEMA’s
“Manufactured Home Installation in Flood Hazard Areas” guidebook for additional
techniques).
3. Lots or pads are elevated on compacted fill or by any other method approved by the
administrator so that the lowest habitable floor of the mobile home is at or above the
base flood level.
4. Adequate surface drainage and easy access for mobile home hauler is provided.
5. Load-bearing foundation supports such as piers or pilings must be engineered.
(i) Whenever any portion of a floodplain is filled in with fill dirt, slopes shall be adequately
stabilized to withstand the erosive force of the base flood.
Section 11. Arlington Municipal Code section 20.64.180(b) shall be and hereby is
amended to read as follows:
(b) Nonresidential Construction—New construction and substantial improvement of any
commercial, industrial or other nonresidential structure shall either have the lowest floor,
including basement, elevated one foot or more above the base flood elevation; or, together with
attendant utility and sanitary facilities, shall:
1. Be flood-proofed so that below one foot or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
3. Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of the
structural design, specifications and plans. Such certifications shall be provided to the
Floodplain Administrator or Building Official.
4. Nonresidential structures that are elevated, not flood-proofed, must meet the same
standards for space below the lowest floor as described in 20.64.180(a)(2) (Specific
Standards for Zones A1-30, AH, and AE—Residential Construction);
5. Applicants flood-proofing nonresidential buildings shall be notified that flood insurance
premiums will be based on rates that are one foot below the flood-proofed level (e.g. a
building flood-proofed to the base flood level will be rated as one foot below).
Section 12. Arlington Municipal Code section 20.64.230 shall be and hereby is
amended to read as follows:
Ordinance No. 2011-XXX
8
20.64.230 Utility Systems in Floodways and Floodplains.
Whenever any portion of a proposed development is located within a floodway or floodplain, the
agency or agencies responsible for certifying to the city the adequacy of the utility systems for
the development (as set forth in Chapter 20.60) shall be informed by the developer that a
specified area within the development lies within a floodway or floodplain. Thereafter, said
agency shall certify, prior to approval of the proposed system, that:
1. All new and replacement water supply systems are designed to minimize or eliminate
infiltration of flood waters into the systems;
2. Any proposed water wells are located on high ground that is not in the floodway (WAC
173-160-171);
3. New and replacement sanitary sewage systems are designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood
waters; and,
4. On-site waste disposal systems are located to avoid impairment to them or
contamination from them during flooding; and
5. All new utilities would be located outside of the Channel Migration Zone.
Section 13. Arlington Municipal Code section 20.64.250 shall be and hereby is
amended to read as follows:
20.64.250 Additional Duties of Administrator Related to Flood Insurance and Flood Control,
including information to be obtained and maintained.
The administrator shall:
(a) For the purpose of the determination of applicable flood insurance risk premium rates within
Zone A on the city’s Flood Insurance Rate Map provided by the U.S. Federal Emergency
Management Agency:
1. Obtain and record the elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures including to which
level it was flood-proofed; and
2. Obtain, for all structures that have been flood-proofed (whether or not such structures
contain a basement) the elevation (in relation to mean sea level in the FEMA datum) to
which the structure was flood-proofed; and
3. Maintain the floodproofing certifications found in others sections of this ordinace; and
4. For development that occurs outside of the protected area the city will track projects
which have been issued floodplain development permits, including effects to flood
storage and fish habitat and mitigation provided.
5. Maintain a record of all such information for public inspection.
(b) Notify, in riverine situations, adjacent communities, the U.S. Army Corps of Engineers, the
Washington State Department of Fish and Wildlife, and any effected diking or drainage districts
prior to any alteration or relocation of a watercourse, and submit copies of such notification to
the Federal Insurance Administrator.
(c) Ensure that the flood-carrying capacity within the altered or relocated portion of any
watercourse is maintained and within the same sub-basin so carrying capacity is not diminished.
(d) Maintain the records of all appeal actions and report any variances to the Federal Insurance
Administration upon request.
Section 14. Arlington Municipal Code section 20.64.260 shall be and hereby is
amended to read as follows:
Ordinance No. 2011-XXX
9
20.64.260 Variances from Requirements.
(a) Generally, the only condition under which a variance from the elevation standard may be
issued is for new construction and substantial improvements to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing items (1-11) in Subsection (i) have been fully considered.
As the lot size increases, the technical justification required for issuing the variance increases.
(b) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures
listed on the National Register of Historic Places or the State Inventory of Historic Places,
without regard to the procedures set forth in this section.
(c) Variances shall not be issued within a designated floodway if any increase in flood levels
during the base flood discharge would result, or the development may eventually require
additional structural flood protection.
(d) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(e) Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. The submittal, review and approval of a Biological Assessment;
3. A determination that failure to grant the variance would result in exceptional hardship
to the applicant;
4. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing local
laws or ordinances.
(f) Variances as interpreted in the National Flood Insurance Program are based on the general
zoning law principle that they pertain to a physical piece of property; they are not personal in
nature and do not pertain to the structure, its inhabitants, economic or financial circumstances.
They primarily address small lots in densely populated residential neighborhoods. As such,
variances from the flood elevations should be quite rare.
(g) Variances may be issued for nonresidential buildings in very limited circumstances to allow a
lesser degree of flood-proofing than watertight or dry-flood-proofing, where it can be determined
that such action will have low damage potential, complies with all other variance criteria except
Subsection (i)1, and otherwise complies with §20.64.170(a) General Standards), 20.64.170(c),
and §20.64.230 (Utility Systems in Floodways and Floodplains).
(h) Any applicant to whom a variance is granted is hereby notified that the structure will be
permitted to be built with a lowest floor elevation below the base flood elevation and that the
cost of flood insurance will be commensurate with the increased risk resulting from the reduced
lowest floor elevation.
(i) In granting a variance, in addition to the findings of §20.20.030 (Variances), the decision-
maker shall consider and make findings concerning all technical evaluations, all relevant factors,
standards specified in other sections of this chapter, and (including the degree to which the
applicant proposes to mitigated impacts to) the following:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The impact to ESA listed species;
4. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
5. The importance of the services provided by the proposed facility to the community;
6. The necessity to the facility of a waterfront location, where applicable;
7. The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
8. The compatibility of the proposed use with existing and anticipated development;
Ordinance No. 2011-XXX
10
9. The relationship of the proposed use to the comprehensive plan and flood plain
management program for that area;
10. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
11. The expected heights, velocity, duration, rate of rise, debris and sediment transport
of the flood waters and the effects of wave action, if applicable, expected at the site; and,
12. The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
(j) Upon consideration of the factors of Subsection (b) and the purposes of this ordinance, the
decision-maker may attach such conditions to the granting of a waiver, as it deems necessary to
further the purposes of this chapter.
Section 15. 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 16. Effective Date. The title of this Ordinance, which summarizes the
contents of this ordinance, shall be published in the official newspaper of the City. The
Ordinance shall take effect and be in full force five (5) days after the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this ____ day of
December, 2011.
CITY OF ARLINGTON
___________________________
Margaret Larson, Mayor
Attest:
_____________________________
Kristin Banfield, City Clerk
Approved as to form:
______________________________
Steven J. Peiffle
City Attorney
Legend
Riparian Boundary
Channel Subject to Migration*
FEMA Floodplain
FEMA Floodway
!"`$
?Ó
)g
Arlington
EverettC|
?Ó
?Ó
South Fork Stillaguamish River
E DIVISION ST
W BURKE AVE
N OLYMPIC AVE
N WEST AVE
E DIVISION ST
SR 9
SR 530
SR 530
SR 530
City of Arlington Floodplain/FEMA
Streams,Riparian Habitat Zone,Floodplain and Floodway:Old Town and Island Crossing
Maps and GIS data are distributed “AS-IS” withoutwarranties of any kind, either express or implied,including but not limited to warranties of suitability fora particular purpose or use. Map data are compiledfrom a variety of sources which may contain errorsand users who rely upon the information do so at theirown risk. Users agree to indemnify, defend, and holdharmless the City of Arlington for any and all liability ofany nature arising out of or resulting from the lack ofaccuracy or correctness of the data, or the use of thedata presented in the maps.
´
RiparianHZ_11x17_10.mxd
05/24/2011
Date:
File:
Cartographer:
DRAFT
kdk
0 0.1 0.20.05 Miles
?Ó
!"`$
Portage Creek
South Slough
SR 530
PIONEER HWY E SMOKEY POINT
BLVD
SMOKEY POINT
BLVD
SMOKEY POINT BLVD
´0 0.1 0.20.05 Miles
City Limits
City UGA
Local roads
Streams
Rivers
Ponds
DRAFT
*'Channels subject to migration' recieved from Snohomish County, 2010.Draft dFIRM floodplain and floodway data provided by FEMA, 2009
Streams and waterbodies courtesy of Snohomish County Dept of InformationSystems, June 2009.
Aerials taken in June 2009.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
NEW BUSINESS #1
ATTACHMENT H
COUNCIL MEETING DATE:
December 5, 2011
SUBJECT:
Interlocal Agreement between the City of
Arlington and the Stillaguamish Tribe of
Indians adopting a framework for a
government-to-government relationship
DEPARTMENT OF ORIGIN:
Executive
Contact: Allen Johnson, City Administrator
360-403-3441
ATTACHMENTS:
- Proposed Interlocal Agreement between the City of Arlington and the Stillaguamish
Tribe of Indians adopting a framework for a government-to-government relationship
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: -0-
LEGAL REVIEW: City Attorney’s review is complete
DESCRIPTION:
The City and the Stillaguamish Tribe have developed a strong working relationship that both
parties would like to memorialize in a formal Interlocal Agreement between the two
governments. The ILA seeks to provide the two governments with a framework to discuss
issues of common concern and seek solutions to these common concerns.
HISTORY:
The Stillaguamish Tribe of Indians and the City of Arlington have partnered on a number of
projects and activities over the years. Recent cooperative efforts have included the repaving of
Stillaguamish Avenue and Smokey Point Blvd.
The City Council reviewed the proposed Interlocal Agreement at the November 28, 2011
Council Workshop and recommended placement on the December 5, 2011 agenda for action.
ALTERNATIVES:
RECOMMENDED MOTION:
I move that Council approves the proposed Interlocal Agreement between the City of
Arlington and the Stillaguamish Tribe of Indians adopting a framework for a government-to-
government relationship and authorize the Mayor to sign.
INTERGOVERNMENTAL AGREEMENT
Between
THE STILLAGUAMISH TRIBE OF INDIANS
And the
CITY OF ARLINGTON
l. PREAMBLE AND GUIDING PRINCIPLES
This intergovernmental agreement is made between the Stillaguamish Tribe of Indians
("the Tribe"), and the City of Arlington (“City") to provide a framework for a government-to-
government relationship between two Parties. The Parties acknowledge that the Tribe has been in this
territory since Time Immemorial; and, that the City was incorporated in 1903, but was populated by
settlers well before Treaty-times; and, that the site of the City, the confluence of the North and South
Forks of the Stillaguamish River was an historic trading site.
The City of Arlington is a political subdivision of the State of Washington
exercising the authorities and responsibilities identified in the Washington Constitution and
provided for under state law and city ordinance. The Stillaguamish Tribe of Indians is a federally
recognized Indian Tribe exercising its authorities and responsibilities identified in the Constitution and
Bylaws of the Stillaguamish Tribe of Indians and provided for under federal law.
II. PURPOSE AND OBJECTIVES
The purpose of this Agreement is to establish a government-to-government forum for
authorized representatives from each participating governmental body to discuss issues of
common concern and to seek solutions to these common concerns. To this end the following
objectives have been defined:
l) To conduct discussions in a government-to-government setting in which issues,
problems and other subjects may be freely addressed without either party making
commitments or agreeing to take actions outside of the formal and legal processes
defined for each Party by applicable law;
2) To share information in a consultative and deliberative process through the
exchange of communications (written, verbal, visual and electronic) as they
pertain to issues, problems or other subjects mutually agreed to between the
Parties;
3) To gain knowledge within each Party’s organization about how the other
organization functions, including familiarity with organizational structure, roles
and responsibilities, staff and legal authorities.
III. IMPLEMENTATION PROCESS AND RESPONSIBILITIES
Each Party will prepare a list of topics, including issues, problems and other subjects
it proposes to discuss in accordance with the objectives of this agreement. Both Parties will
then meet to set an agenda, schedule, ground rules, and goals for further discussion.
At any point in such discussions either Party may withdraw or otherwise terminate
discussions with or without explanation.
When discussions require policy decisions by the respective Parties a request shall be
made by one governing body to the other which includes the reasons policy decisions are
sought and a suggested schedule form making those decisions. Each Party then will follow
its legal process tor decision—making. Policy decisions shall be communicated in a timely
fashion.
At least once per year the Parties shall meet for the purpose of reviewing progress in
implementation of this agreement. At such meetings, or at such other times as are
appropriate, recommendations for changes to this Agreement may be discussed and
implemented.
Each Party to this Agreement will designate an individual responsible for facilitating
the implementation of this agreement. The Tribe designates its Executive Director. The
City designates its Administrator.
IV LEGAL STATUS AND DISCLAIMERS
ln executing this agreement, neither Party waives any rights, including treaty rights,
sovereign immunity, and jurisdiction. Nor does this Agreement diminish any rights or
protections under federal and state law; nor does this Agreement create any rights which
could be construed as enforceable. Through this Agreement the Parties to the Agreement
strengthen their collective ability to successfully resolve issues of mutual concern.
[signature blocks]
City of Arlington
Council Agenda Bill
AGENDA ITEM:
NEW BUSINESS #2
ATTACHMENT G
COUNCIL MEETING DATE:
December 5, 2011
SUBJECT:
Arlington Advanced Manufacturing Park
(aka Former Bayliner Site) – Binding Site
Plan Dedications and Easements
DEPARTMENT OF ORIGIN:
Community Development – David Kuhl, Todd
Hall
ATTACHMENTS:
1. Binding Site Plan - Dedications and Easements
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION:
The applicant requests a binding site plan to subdivide a 24-lot binding site plan with 4 tracts,
located at 17825 59th Ave. NE. There are 16 existing buildings located on site, as well as
additional outbuildings/sheds and on-site landscaping and trees. The applicant proposes to
keep all larger existing buildings for future tenant use and may be updated depending on
specific tenant needs. All vacant lots will require land use permits upon future development. A
60-foot right-of-way will be dedicated along 180th St. NE and 63rd Ave. NE, as well as on-site
utility easements.
HISTORY:
The Binding Site Plan (BSP) application was received by the City on September 22, 2011. A
Mitigated Determination of Nonsignificance for the BSP was issued on October 13, 2011. A work
session was held with Council on this subject in October.
ALTERNATIVES:
No action.
RECOMMENDED MOTION:
I move that Council accept the dedications and easements as shown on the draft binding site
plan, subject to minor changes in descriptive language and closures on the binding site plan.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
NEW BUSINESS #3
ATTACHMENT J
COUNCIL MEETING DATE:
December 5, 2011
SUBJECT:
67th Avenue – ROW Easements & Dedications
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
• ROW Package 3 - Vouchers for Acquisition Packages Listed Below
EXPENDITURES REQUESTED: $59,130.00
BUDGET CATEGORY: Transportation Improvement Fund and
STP Grant
LEGAL REVIEW: Pending final review by City Attorney
DESCRIPTION:
Council is being asked to approve the acceptance of easements and dedications for the below
noted properties and authorize the appropriate payments for same.
HISTORY:
As part of the 67th Ave, Ph III project, the City needs to acquire additional permanent right of
way and easements for road and sidewalk construction and staging. The ROW procurement
must follow WSDOT guidelines; and in order to accomplish this an independent third party
facilitated discussions with property owners for the necessary ROW procurements. We have
the below ROW agreements that are ready to be signed by the mayor and appropriate
payments made.
Property Amount
Alspach, James $1,500.00
Stillaguamish Valley Pioneer Assn. $55,230.00
Kjolso, Larry & Pamela $2,400.00
TOTAL $59,130.00
ALTERNATIVES:
• Remand to staff for additional information
• Table pending additional discussion
RECOMMENDED ACTION:
Motion to approve, and authorize the mayor to sign, the 67th Ave Phase 3 project Right-of-
Way, Easement, and Real Estate transactions negotiated by the City of Arlington and their real
estate transaction agent, HDR, Inc., for the Alspach, the Stillaguamish Valley Pioneer Assn.
and the Kjolso properties, pending final review by the City Attorney.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
NEW BUSINESS #4
ATTACHMENT K
COUNCIL MEETING DATE:
December 5, 2011
SUBJECT: 2011 Centennial Trail Project
Acceptance
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
• Project Acceptance Memorandum
• Project Site Plan for Southern Portion
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: Transportation Improvement Fund ($77,108.45)
and Snohomish County ($36,000.00)
LEGAL REVIEW: N/A
DESCRIPTION:
Council is being asked to approve the project acceptance letter for the 2011 Centennial Trail
Project that was completed by E&D Excavating.
HISTORY:
Following a competitive bid off of the small work roster, E&D Excavating was awarded
the 2011 Centennial Trail Project. This project entailed construction of two missing trail sections;
one section was between 172nd St and 168th St., and the other section was between 3rd St and 4th
St. The project has been completed to the terms of the contract and to the satisfaction of the City.
A summary of the construction costs is as follows:
Engineer’s Estimate $ 119,567.00
Final Construction Cost $ 113,108.45
ALTERNATIVES:
• Remand to staff for additional information
• Table pending further discussion
RECOMMENDED ACTION:
Motion to approve and authorize the Mayor to sign the Construction Acceptance Letter for the
2011 Centennial Trail Project.
Construction Acceptance letter
DATE: November 28, 2011
TO: Mayor Larson and Arlington City Council
FROM: James Kelly, Public Works Director
SUBJECT: PROJECT ACCEPTANCE
Project Title
2011 Centennial Trail Improvements P02.339
Staff has certified the construction performed by E & D Excavating Inc. as complete and in
compliance with the terms of the construction contract as awarded by the City Council.
The final accounting of the cost of the project is as follows:
Contract Award Amount $
109,407.50
Change Orders Added $
3,700.95
Change Orders Deducted $
Over-runs/Under-runs $
Final Contract Cost $
113,108.45
Staff recommends official acceptance by the City. If you concur, please sign below:
On behalf of the City of Arlington, I accept the construction performed under the contract award
by the Arlington City Council for
Centennial Trail Improvements .
Mayor Margaret Larson Date
cc: City Council
Jim Chase, Finance Director
67th Ave NE (from 172nd to 168th St)
09/08/2011 kdk
67thCenTrail8.5x11_11.mxd
City of Arlingto n
Scale:
Date:
File:
Drawn By:
*Parcel data provided by Snohomish County Assessor's Office (downloaded March 2011)
168TH
ST
NE
67TH
AVE
NE
67TH
AVE
NE
Legend
City Limits
Centennial Trail
City Portion
County Portion
Parcels
1 inch = 125 feet
±
Maps and GIS data are distributed “AS-IS”without warranties of any kind, either express orimplied, including but not limited to warranties ofsuitability for a particular purpose or use. Mapdata are compiled from a variety of sourceswhich may contain errors and users who relyupon the information do so at their own risk.Users agree to indemnify, defend, and holdharmless the City of Arlington for any and allliability of any nature arising out of or resultingfrom the lack of accuracy or correctness of thedata, or the use of the data presented in the
Ae rial p hoto taken in 200 9
City of Arlington
Council Agenda Bill
AGENDA ITEM:
NEW BUSINESS #5
ATTACHMENT L
COUNCIL MEETING DATE:
December 5, 2011
SUBJECT:
Resolution
Manufacturing/Industrial Center (MIC)
DEPARTMENT OF ORIGIN:
Community Development – David Kuhl, Todd Hall
ATTACHMENTS:
1. Resolution
2. Draft Figure 2-21: MIC Boundary
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Resolution was prepared by Marysville City
Attorney
DESCRIPTION:
The City of Marysville, Tulalip Tribe and the City of Arlington would like to complete a joint-
resolution of support for the Manufacturing Industrial Center. The prime recipient of the
resolution would be the Boeing Company. In addition, there are land-uses that are industrial in
nature that could benefit from transportation improvements near Marysville and Arlington.
Specifically, road improvements to 172nd from 43rd to SR 9 as well as other circulation
improvements are needed.
HISTORY:
Planning staff discussed the Joint Resolution at the November 28, 2011 City Council workshop.
ALTERNATIVES:
No action.
RECOMMENDED MOTION:
Approve the joint-resolution between Marysville, the Tulalip Tribe and the City of Arlington
relating to the advancement of the planning and implementation of a regional manufacturing
and industrial center in the Smokey Point and airport industrial areas and to coordinate with
regional partners to facilitate the Boeing Company’s decision to build the 737 Max in Snohomish
County and support supplier expansion in the area.
JOINT RESOLUTION NO. _________
A RESOLUTION OF THE TULALIP TRIBES, CITY OF MARYSVILLE AND
CITY OF ARLINGTON SUPPORTING REGIONAL COORDINATION OF A
MANUFACTURING AND INDUSTRIAL CENTER TO FACILITATE THE
BOEING COMPANY’S DECISION TO BUILD THE 737 MAX IN
WASHINGTON STATE AND TO SUPPORT MANUFACTURING AND
SUPPLIER EXPANSION IN THE TULALIP, SMOKEY POINT AND
ARLINGTON AIRPORT INDUSTRIAL AREAS
WHEREAS, the Cities of Arlington and Marysville and the Tulalip Tribes of Washington
recognize and support Washington State’s and Snohomish County’s long-standing economic
support and dependence on the aerospace industry and related manufacturing industries; and
WHEREAS, The Boeing Company has built, delivered, and serviced the best airplanes in
the world with the talent and labor of the Puget Sound’s highly skilled aerospace workers, the
support of experienced and dedicated aerospace manufacturing firms, and the infrastructure and
facilities available in Washington State, and locally, Snohomish County; and
WHEREAS, Seattle, Everett and the Puget Sound region is home to the vast majority of
Boeing’s more than 75,000 workers, with each job at Boeing supporting nearly three additional
jobs; and
WHEREAS, aerospace workers earn an average of more than $50,000 a year—60 percent
higher than the average for all private sector industries; and
WHEREAS, the Cities of Arlington and Marysville and the Tulalip Tribes of Washington
value those jobs and the people who hold them, and will make it a priority to ensure Washington
and the Puget Sound region remains the best place to design, build, and market commercial
airplanes; and
WHEREAS, the Tulalip, Arlington and Marysville Smokey Point region can provide
ample developable land, multi-modal transportation and existing industrial facilities for locating
new manufacturing sites; and
WHEREAS, the Cities of Arlington and Marysville and the Tulalip Tribes of Washington
are steadfast in their commitment to foster manufacturing and industrial growth in the Smokey
Point region and will support our joint regional manufacturing and industrial center; and
WHEREAS, the Cities of Arlington and Marysville and the Tulalip Tribes of Washington
are positioned to establish public-private partnerships to advance economic development and
quality of life improvements; and
WHEREAS, the region currently provides existing manufacturing and engineering
resources for the fabrication of medical, environmental and aerospace products; and
WHEREAS, the goal of our respective communities is to diversify the economic base to
provide family-wage jobs and sustainable economic growth;
NOW, THEREFORE, BE IT RESOLVED that the Cities of Arlington and Marysville
and the Tulalip Tribes of Washington support The Boeing Company and support location of the
737 MAX facility and suppliers at and around the Tulalip and Smokey Point regions of the
Tulalip Tribes, Arlington and Marysville.
Approved this ______ day of December, 2011.
CITY OF MARYSVILLE TULALIP TRIBES
___________________________________ __________________________________
Jon Nehring, Mayor Mel Sheldon, Chairman
ATTEST: ATTEST:
___________________________________ __________________________________
April O’Brien, Deputy City Clerk Secretary
CITY OF ARLINGTON
___________________________________
Mayor, City of Arlington
ATTEST:
___________________________________
Kristin Banfield, City Clerk
City of Arlington Comprehensive Plan Figures & Maps
2 - 22 December 2011
Figure 2-21: Arlington-Smokey Point Manufacturing/Industrial Center (MIC) (Arlington boundary only)