HomeMy WebLinkAbout01-24-2011_Council Workshop Packet
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CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN
1. (20 min) Tourism Promotion Area Interlocal Discussion
2. (5 min) 67th Ave Phase III – Supplement #3 to Obligate Right of Way Funds ATTACHMENT A
3. (10 min)WWTP Change Order #8 ATTACHMENT B
4. (10 min) Proposed Land Use Code Amendments ATTACHMENT C
– Electric Vehicle Infrastructure (EVI)
5. (5 min) Proposed Comprehensive Plan Amendments ATTACHMENT D
-Stormwater Management,
-Sewer and Water Comprehensive Plans
-Graafstra Comprehensive Plan Amendment and Concurrent Rezoning
6. (5 min) AMC 3.xxx – Court Cost Recovery ATTACHMENT E
7. (5 min) AMC 5.12 – Vehicles for Hire ATTACHMENT F
8. (5 min) AMC 5.16 – Cabarets ATTACHMENT G
9. (5 min) AMC 5.44.025 – Film Permit Required ATTACHMENT H
10. (10 min) AMC 12.52 – Grading Permits ATTACHMENT I
11. (10 min) AMC 13.36 – Pre-treatment ATTACHMENT J
12. (10 min) Fee Resolution (grading permit, add dog licenses, reduce ATTACHMENT K
headstone cleaning fee, EMS)
13. (5 min) Resolution to adopt revised Financial Policies ATTACHMENT L
14. Miscellaneous Council items
Arlington City Council Workshop
January 24, 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.
EXECUTIVE SESSION
-Consideration of real estate lease or purchase or price [RCW 42.30.110(1)(b)-(c)],
RECONVENE
ADJOURNMENT
To open all attachments, click here
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT A
COUNCIL WORKSHOP DATE:
January 24, 2011
SUBJECT: 67th Phase III – Local Agency
Supplement Agreement #3
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
• To be Distributed at Workshop
o Local Agency Supplement Agreement – Draft
o Grant Funding Spreadsheet
EXPENDITURES REQUESTED: $390,000.00
BUDGET CATEGORY: STP Grant and Transportation Improvement Fund
LEGAL REVIEW: Pending final City Attorney
DESCRIPTION: WSDOT documents for signature by the Mayor to obligate additional grant
funding in the amount of $390,000 for right of way acquisition on the 67th Phase III project.
HISTORY: As part of the 67th Ave, Ph III project, the City needs to acquire additional
permanent right of way for road and sidewalk construction, and temporary right or way for
construction staging. The City obtained $ 1,977,447 in STP grant funding for the 67th Ave,
Phase III project; $390,000 of this funding is for right of way acquisition costs.
The documents attached to this CAB are standard WSDOT documents that will obligate
$390,000.00 of grant funding to the right-of-way acquisition process. The remaining amount of
the STP grant is $299,731 which is reserved for construction..
ALTERNATIVES:
• Remand to staff for additional information
• Table pending additional discussion
RECOMMENDED ACTION:
No Action at this time, at the following Council meeting staff will recommend that Council
authorize the mayor to sign the WSDOT documents obligating $390,000.00 of STP grant
funding to the 67th Ave, Phase III right-of-way acquisition process.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT B
COUNCIL WORKSHOP DATE:
January 24, 2011
SUBJECT: IMCO General Contractors –
Change Order No. 8
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Change Order No. 6 to the IMCO WWTP Contract
EXPENDITURES REQUESTED: $78,911.56
BUDGET CATEGORY: WWTP Project (Fund 408)
LEGAL REVIEW: Pending Review by City Attorney
DESCRIPTION: Change Order No. 8 to the IMCO WWTP Upgrade and Expansion construction
contract.
HISTORY: This change order is for 23 various design changes and improvements recommended
by the contractor, engineer, or City. The changes are either needed for undisclosed conditions or
system operating improvements; the net cost of the change order is an addition to the contract.
As of Change Order No. 6, the revised contract amount is as follows:
Current Contract Amount $ 29,470,501.15
Net Change This Order $ 78,911.56
Estimated Contract Total After Change $ 29,549,412.71
ALTERNATIVES:
• Do not approve the change order, renegotiate work.
RECOMMENDED ACTION:
Discussion only - no action is being requested.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT C
COUNCIL MEETING DATE:
January 24, 2011
SUBJECT:
Proposed Land Use Code Amendments –
Electric Vehicle Infrastructure (EVI)
DEPARTMENT OF ORIGIN:
Community Development – David Kuhl, Todd Hall
ATTACHMENTS:
1. City Council Workshop Memo.
2. Proposed EVI amendments to Chapters 20.08, 20.40, 20.44, 20.72 and 20.98.
3. Department of Commerce guidebook – ‘Electric Vehicle Infrastructure – A Guide for
Local Governments in Washington State’
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
N/A
DESCRIPTION: State-mandated, City-wide amendments to the Arlington Municipal Code Title
20, Land Use Code, to allow for electric vehicle infrastructure (EVI) within the city limits.
Amendments are proposed for Chapters 20.08 Basic Definitions and Interpretations, 20.40
Permissible Uses, 20.44 Supplemental Use Regulations, 20.72 Parking, and 20.98 SEPA.
HISTORY: This is a State-mandated proposal to amend the City’s land use code to allow for
EVI within the City limits.
ALTERNATIVES: No action.
RECOMMENDED MOTION:
None proposed at this time. Planning Commission discussed the proposed amendments at their
last meeting on January 20, 2011. A public hearing will be scheduled at the February 1, 2011
Planning Commission meeting. A public hearing is expected at the February 7, 2011 City
Council meeting to hear from the public and consider adoption.
City Council Workshop Memo
Date: January 24, 2011
To: City Council
From: David Kuhl, AICP, Community Development Director
Todd Hall, Associate Planner
Re: Proposed Amendments to Title 20 Land Use Code, Electric Vehicle Infrastructure
Summary: The State of Washington recently passed SSHB 1481 that requires the City of
Arlington, among other cities within the Puget Sound metropolitan area, to provide for
electric vehicle charging infrastructure (EVI) within the city. On June 28, 2010, the
Governor announced a partnership between WSDOT and Department of Commerce to
implement the nation’s first electric highway. Under this project, electric vehicle charging
stations will be deployed along I-5 and other interurban corridors to support longer-
distance travel by plug-in vehicles. Additional information regarding the State’s policy
changes and guidance regarding required regulations and model ordinances may be found
at the Department of Commerce “Electrification of Transportation” website at
http://www.commerce.wa.gov/site/1146/default.aspx
By allowing these new EVI facilities, this requires changes to a variety of regulations in the
Land Use Code. Changes include on-street and off-street signage, charging station design
standards, parking enforcement, accessibility, SEPA exemptions, and more. The following
Chapters of Title 20 are proposed to be amended: Chapter 20.08 Basic Definitions and
Interpretations, Chapter 20.40 Permissible Uses, Chapter 20.44 Supplemental Use
Regulations, Chapter 20.72 Parking, Chapter 20.98 SEPA.
Next Steps: Planning Commission reviewed the proposed amendments at their January
20th meeting. Staff is proposing to present the final amendments to the Planning
Commission at a public hearing on February 1, 2011, and at City Council on February 7,
2011.
___________________________________________________________________________________________________
Community Development
Planning Division
January 24, 2011 City Council Workshop
Attachments:
Land Use Code Amendments - Chapter 20.08 Basic Definitions and Interpretations
Chapter 20.40 Permissible Uses
Chapter 20.44 Supplemental Use Regulations
Chapter 20.72 Parking
Chapter 20.98 SEPA
Department of Commerce Guidebook – ‘Electric Vehicle Infrastructure – A Guide for Local
Governments in Washington State’
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 4 April January 201109
Appropriate. That which is compatible with a facility's natural, cultural, or recreational
resources, recognizing the purpose of the established area.
Aquaculture. The cultivation of aquatic plants and/or animals for human use or consumption.
Aquaculture may include hatcheries, marine crop production, and other similar uses that occur
in either fresh or salt water.
Aquifer. A groundwater bearing geologic formation or formations that contains sufficient
amounts of saturated material to yield water.
Aquifer Recharge Area. A body of permeable materials that collects precipitation or surface
water and transmits it to the aquifer.
Arterial Street. See Street, Arterial.
Awning. Any movable roof-like structure cantilevered, or otherwise entirely supported from a
building, so constructed and erected as to permit its being readily and easily detached, moved,
or rolled or folded back to a position flat against the building or a cantilevered projection thereof.
Base Flood. The flood having a one percent chance of being equaled or exceeded in any
given year. Also known as the 100-year flood.
Best Management Practice (BMP).
(a) When associated with stormwater management means physical, structural, and/or
managerial practices that, when used singly or in combination, prevent or reduce pollution of
water.
(b) When associated with groundwater protection means a written plan outlining accepted
practices, such as liquid containment, transfer practices, and emergency procedures whose
purpose is to prevent contamination from contaminated land uses; for instance, monitoring
and secondary containment for underground storage tanks.
(c) When associated with Environmentally Critical Areas, BMPs are the best available
conservation practices or systems of practices and management measures that:
1. Control soil loss and protect water quality from degradation caused by nutrients, animal
waste, toxins, and sediment; and
2. Minimize adverse impacts to surface water and groundwater flow, circulation patterns,
and to the chemical, physical, and biological characteristics of critical areas.
Battery Charging Station. An electrical component assembly or cluster of component
assemblies designed specifically to charge batteries within electric vehicles, which meets or
exceed any standards, codes, and regulations set forth in Chapter 19.28 RCW and consistent
with rules adopted under RCW 19.27.540.
Battery Electric Vehicle (BEV). Any vehicle that operates exclusively on electrical energy
from an off-board source that is stored in the vehicle‟s batteries, and produces zero emissions
or pollution when stationary or operating.
Battery Exchange Stations. A fully automated facility that will enable an electric vehicle with
a swappable battery to enter a drive lane and exchange the depleted battery with a fully
charged battery through a fully automated process, which meets or exceeds any standards,
codes, and regulations set forth by Chapter 19.27 RCW and consistent with rules adopted under
RCW 19.27.540.
Billboard. An off-premises sign owned by a person, corporation, or other entity that engages
in the business of selling the advertising space on that sign.
Binding Site Plan. A drawing to a scale specified in this title which: (a) Identifies and shows
the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other
matters specified herein; (b) contains inscriptions or attachments setting forth such appropriate
limitations and conditions for the use of the land as are established in this title; and (c) contains
provisions making any development be in conformity with the site plan.
Block. A group of lots, tracts, or parcels within well-defined and fixed boundaries.
Boarding House. A residential use consisting of at least one dwelling unit together with more
than two rooms, but not more than four, that are rented or are designed or intended to be rented
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 6 April January 201109
when the circumstances warrant it, or the city may require that the certification be in the form of
a letter or other document.
Charging Levels. Means the standardized indicators of electrical force, or voltage, at which an
electric vehicle‟s battery is recharged. The terms 1, 2, and 3 are the most common EV charging
levels, and include the following specifications:
1. Level 1 is considered slow charging.
2. Level 2 is considered medium charging.
3. Level 3 is considered fast or rapid charging.
Level 1 is present in homes and businesses and typically operates on a 15- or 20-amp breaker
on a 120-volt Alternating Current (AC) circuit and standard outlet.
Level 2 is expected to become the standard for home and public charging and typically operates
on a 40-amp to 100-amp breaker on a 208 or 240-volt AC circuit.
Level 3 is primarily for commercial and public applications (e.g., taxi fleets and charging along
freeways) and typically operates on a 60-amp or higher dedicated breaker on a 480-volt or
higher three-phase circuit with special grounding equipment. Note that the term “Level 3” is
recommended to identify the increased power need in a numerical fashion (i.e., “3”), but the
Level 3 charging level is also sometimes referred to as “Fast” charging and “Rapid” charging
(see definition of Rapid Charging Station below).
Child Care Home, Special Needs. A home for orphaned, abandoned, dependent, abused, or
neglected children, who as a group meet the definition for a family.
Child Care Institution. An institutional facility housing more than nine orphaned, abandoned,
dependent, abused, or neglected children.
Circulation Area. That portion of the vehicle accommodation area used for access to parking
or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering
areas (other than parking aisles) comprise the circulation area.
City. The City of Arlington.
Clearing. The destruction and removal of vegetation by manual, mechanical, or chemical
methods.
Collector Arterial Street. See Street, Collector Arterial.
Combination Use. A use consisting of a combination on one lot of two or more principal uses
separately listed in the Table of Permissible Uses, §20.40.010 (Table of Permissible Uses).
(Under some circumstances, a second principal use may be regarded as accessory to the first,
and thus a combination use is not established. See §20.40.050 (Accessory Uses). In addition,
when two or more separately owned or separately operated enterprises occupy the same lot,
and all such enterprises fall within the same principal use classification, this shall not constitute
a combination use.)
Communication Facility, Wireless, Attached. A wireless communication facility that is affixed
to an existing structure and is not considered a component of the structure to which it is
attached.
Community Development Director. The Director of the Department of Community
Development.
Compatible. For the purposes of this Title, a project may be found to be compatible with the
area in which it is located in terms of design and use when it meets the following criteria:
1. Compatibility of Design—Where a project is subject to the City‟s Development Design
Guidelines or design regulations within this Title it is presumed to be compatible with the
neighborhood in terms of design when it is found to be in conformance with those
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 8 April January 201109
Dedication. The deliberate appropriation of land by an owner for any general and public
uses, reserving to himself no other rights than such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been devoted. The intention to dedicate
shall be evidenced by the owner by the presentment for filing of a quitclaim, deed, or a final plat
or short plat showing the dedication thereon; and, the acceptance by the public shall be
evidenced by Council action or the approval of such plat for filing by the appropriate
governmental unit.
Design Storm. A prescribed hyetograph and total precipitation amount (for a specific
duration recurrence frequency) used to estimate runoff for a hypothetical storm of i nterest or
concern for the purposes of analyzing existing drainage, designing new drainage facilities or
assessing other impacts of a proposed project on the flow of surface water. (A hyetograph is a
graph of percentages of total precipitation for a series of time steps representing t he total time
during which the precipitation occurs.)
Developable (e.g., land, acres). Land on which development can occur per the regulations
of this and other Titles of the Arlington Municipal Code. Specifically, lands that are considered
environmentally critical areas per Chapter 20.88 (Environmentally Critical Areas) are not
considered developable.
Developer. A person who is responsible for any undertaking that requires a permit.
Development. Any construction, development, earth movement, clearing, or other site
disturbance, which requires a permit, approval or authorization from the City.
Diameter at breast height (dbh) means the diameter of a tree at four and one-half feet above
the ground.
Dimensional Nonconformity. A nonconforming situation that occurs when the height, size,
floor space, lot coverage, or other dimensional requirements of a structure or the relationship
between an existing building or buildings and other buildings or lot lines does not conform to the
regulations applicable to the district in which the property is located.
Driveway. That portion of the vehicle accommodation area that consists of a travel lane
bounded on either side by an area that is not part of the vehicle accommodation area.
Duplex. See Residence, Duplex.
Dwelling Unit. An enclosure containing sleeping, kitchen, and bathroom facilities designed
for and used or held ready for use as a permanent residence by one or more people.
Easement. Land that has specific air, surface, or subsurface rights conveyed for use by
someone other than the owner of the subject property or to benefit some property other than the
subject property.
Effective Date of this Chapter. Whenever this Title refers to the effective date of this
Chapter, the reference shall be deemed to include the effective date of the chapter as originally
adopted, or the effective date of an amendment to it if the amendment creates a nonconforming
situation.
Effective Date of This Title. Whenever this Title refers to the effective date of this Title, the
reference shall be deemed to include the effective date of any amendments to this Title if the
amendment, rather than this Title as originally adopted, creates a nonconforming situation.
Electric Scooters and Motorcycles. Means any 2-wheel vehicle that operates exclusively on
electrical energy from an off-board source that is stored in the vehicle‟s batteries and produces
zero emissions or pollution when stationary or operating.
Electric Vehicle. Means any vehicle that operates, either partially or exclusively, on
electrical energy from the grid, or an off-board source, that is stored on-board for motive
purpose. “Electric vehicle” includes: (1) a battery electric vehicle [BEV]; (2) a plug -in hybrid
electric vehicle [PHEV]; (3) a neighborhood electric vehicle; and (4) medium-speed electric
vehicle.
Electric Vehicle Charging Station. Means a public or private parking space that is served by
battery charging station equipment that has as its primary purpose the transfer of electric energy
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 9 April January 201109
(by conductive or inductive means) to a battery or other energy storage device in an electric
vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging
equipment is permitted outright as an accessory use to any principal use.
Electric vehicle charging station – public. Means an electric vehicle charging station that is
(1) publicly owned and publicly available (e.g., Park & Ride parking, public library parking lot) or
(2) privately owned and publicly available (e.g., shopping center parking, non-reserved parking
in multi-family parking lots).
Electric vehicle charging station – restricted. Means an electric vehicle charging station that
is (1) privately owned and restricted access (e.g., single-family home, executive parking,
designated employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no
access to the general public).
Electric Vehicle Infrastructure. Means structures, machinery, and equipment necessary and
integral to support an electric vehicle, including battery charging stations, rapid charging
stations, and battery exchange stations.
Electric vehicle parking space. Means any marked parking space that identifies the use to
be exclusively for the parking of an electric vehicle.
Electric vehicle waiting space. An off-street parking space where an electric vehicle, plug-in
hybrid electric vehicle, electric scooters, and motorcycles wait to use a public electric vehicle
charging station.
Environmentally Critical Areas (ECAs). Includes critical areas or natural resource lands.
Expenditure. A sum of money paid out in return for some benefit or to fulfill some obligation.
The term also includes binding contractual commitments to make future expenditures, as well
as any other substantial changes in position.
Façade. The front of a building, particularly that part of a building facing a street or
courtyard.
Family.
(a) Individuals consisting of two or more persons related by genetics, adoption, or marriage, or
a group of five or fewer persons who are not related by genetics, adoption, or marriage and
none of whom are wards of the court unless such wards are related by genetics, adoption,
or marriage to all of the members of such group living in a dwelling unit.
(b) The term “family” shall include:
1. State licensed adult family homes required to be recognized as residential use pursuant
to RCW 70.128.175;
2. State licensed foster family homes and group care facilities as defined in RCW
74.15.180, subject to Subsection (c) below;
3. Group homes for the disabled required to be accommodated as residential uses
pursuant to the Fair Housing Act amendments as the same exists or is hereafter
amended.
(c) The term “family” shall exclude individuals residing in halfway houses, crisis residential
centers as defined in RCW 74.15.020(3)(g), group homes licensed for juvenile offenders, or
other facilities, whether or not licensed by the state, where individuals are incarcerated or
otherwise required to reside pursuant to a court order under the supervision of paid staff and
personnel.
Fen means wetlands that have the following characteristics: Peat soils sixteen inches or
more in depth (except over bedrock); and vegetation such as certain sedges, hardstem bulrush
and cattails; fens may have an overstory of spruce and may be associated with open water.
Final Plat. The final drawing of the subdivision and dedication prepared for filing for record
with the county auditor and containing all elements and requirements set forth in RCW 58.17
and in this Title.
Floodplain. Any land area susceptible to be inundated by water from the base flood. As used
in this title, the term generally refers to that area designated as subject to flooding from the base
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 13 April January 201109
feet and measured from the center line of joint partitions and from out side wall faces. GLA is
that area on which the tenants pay rent; it is the area producing income to the landlord. GLA
includes all areas less common areas. (See Common Area.)
Loading and Unloading Area. That portion of the vehicle accommodation area used to
satisfy the requirements of §20.72.100 (Loading and Unloading Areas).
Local Access Street. See Street, Local Access.
Local Collector Street. See Street, Local Collector.
Lot. A fractional part of divided lands having fixed boundaries, being of sufficient area and
dimension to meet minimum zoning requirements for width and area. The term shall include
tracts or parcels.
If a public body or any authority with the power of eminent domain condemns, purchases, or
otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel
of land otherwise characterized as a lot by this definition, and the interest thus obtained or the
road so created is such as effectively to prevent the use of this parcel as one lot, then the land
on either side of this strip shall constitute a separate lot.
Subject to §20.32.020 Nonconforming Lots), the permit-issuing authority and the owner of
two or more contiguous lots may agree to regard the lots as one lot if nece ssary or convenient
to comply with any of the requirements of this code.
Lot Area. The total area circumscribed by the boundaries of a lot, except that: (i) when the
legal instrument creating a lot shows the boundary of the lot extending into a public street
right-of-way, then the lot boundary for purposes of computing the lot area shall be the street
right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and
30 feet from the center of the traveled portion of the street (Amended by Ord. 1365, 6/13/05,
Ord 1411, 2/15/07)
Low-Volume Traffic Generation. See Traffic Generation, Low Volume.
Macro Facility. See Wireless Communications Facility, Macro Facility.
Major Trail. See Trail, Major.
Medium-speed Electric Vehicle. Means a self-propelled, electrically powered four-wheeled
motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in
one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise
meets or exceeds the federal regulations set forth in 49 C.F.R. Sec. 571.500.
Micro Facility. See Wireless Communications Facility, Micro Facility.
Mini Facility. See Wireless Communications Facility, Mini Facility.
Mining. The development or extraction of a mineral from its natural occurrences on affected
land.
Minor Trail, See Trail, Minor.
Mitigation. An action or combination of actions that avoids, minimizes, or compensates for
adverse impacts to critical areas or sensitive resources. Mitigation is considered in the following
order of preference:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
2. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps to avoid or
reduce impacts;
3. Rectifying the impacts by repairing, rehabilitating, or restoring the affected environment;
4. Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action;
5. Compensating for the impact by replacing, enhancing, or providing substitute resources
or environments;
6. Monitoring the impact and the compensation project and taking appropriate corrective
measures.
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 14 April January 201109
Mobile or Manufactured Home. A dwelling unit that: (i) is not constructed in accordance with
the standards set forth in the Uniform Building Code applicable to site-built homes, and (ii) is
composed of one or more components, each of which was substantially assembled in a
manufacturing plant and designed to be transported to the home site on its own chassis, and (iii)
exceeds 40 feet in length and eight feet in width.
Mobile Home, Class A. A mobile home constructed after July 1, 1976, that meets or exceeds
the construction standards promulgated by the U.S. Department of Housing and Urban
Development that were in effect at the time of construction and that satisfies each of the
following additional criteria:
1. The home has a length not exceeding four times its width;
2. The pitch of the home‟s roof has a minimum vertical rise of one foot for each five feet of
horizontal run, and the roof is finished with a type of shingle that is commonly used in
standard residential construction;
3. The exterior siding consists of wood, hardboard, or aluminum (vinyl covered or painted,
but in no case exceeding the reflectivity of gloss white paint) comparable in composition,
appearance, and durability to the exterior siding commonly used in standard residential
construction;
4. A continuous, permanent masonry foundation, un-pierced except for required ventilation
and access, is installed under the home; and
5. The tongue, axles, transporting lights, and removable towing apparatus are removed
after placement on the lot and before occupancy.
Mobile Home, Class B. A mobile home constructed after July 1, 1976, that meets or exceeds
the construction standards promulgated by the U.S. Department of Housing and Urban
Development that were in effect at the time of construction but that does not satisfy the criteria
necessary to qualify the house as a Class A mobile home.
Mobile Home, Class C. Any mobile home that does not meet the definitional criteria of a
Class A or Class B mobile home.
Mobile Home Park. A residential use in which more than one mobile or manufactured home
is located on a single lot.
Modular Home. A dwelling unit constructed in accordance with the standards set forth in the
Uniform Building Code applicable to site-built homes and composed of components
substantially assembled in a manufacturing plant and transported to the building site for final
assembly on a permanent foundation. Among other possibilities, a modular home may consist
of two sections transported to the site in a manner similar to a mobile home (except that the
modular home meets requirements of the Uniform Building Code applicable to site-built homes),
or a series of panels or room sections transported on a truck and erected or joined together on
the site.
Mobile Sales and Delivery. Sales and delivery of goods or services from a mobile structure,
either motorized or not. Mobile sales and delivery are not intended for uses set u p in one
location on a semi-permanent basis, but rather for uses that frequently move from one place to
another. (Added by Ord. No. 1351, 9/7/04)
Monopole I. See Wireless Communications Facility, Monopole I.
Monopole II. See Wireless Communications Facility, Monopole II.
Net Floor Area. See Floor Area, Net.
Neighborhood Electric Vehicle. Means a self-propelled, electrically powered four-wheeled
motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more
than 25 miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500.
Nonconforming Lot. A lot existing at the effective date of this title (and not created for the
purposes of evading the restrictions of this title) that does not meet the minimum area
requirement of the district in which the lot is located.
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 15 April January 201109
Nonconforming Project. Any structure, development, or undertaking that is incomplete at the
effective date of this title and would be inconsistent with any regulation applicable to the district
in which it is located if completed as proposed or planned.
Nonconforming Sign. See Sign, Nonconforming.
Nonconforming Situation. A situation that occurs when, on the effective date of this title, any
existing lot or structure or use of an existing lot or structure does not conform to one or more of
the regulations applicable to the district in which the lot or structure is located. Among other
possibilities, a non-conforming situation may arise because a lot does not meet minimum
acreage requirements, because structures exceed maximum height limitations, because the
relationship between existing buildings and the land (in such matters as density and setback
requirements) is not in conformity with this title, or because land or buildings are used for
purposes made unlawful by this title. Nonconforming signs shall not be regarded as
nonconforming situations for purposes of Chapter 20.32 (Nonconforming Situations) but shall be
governed by the provisions of §20.68.150 (Nonconforming Signs) and §20.68.160 (Amortization
of Nonconforming Signs).
Nonconforming Use. A nonconforming situation that occurs when property is used for a
purpose or in a manner made unlawful by the use regulations applicable to the district in which
the property is located. (For example, a commercial office building in a residential district may
be a nonconforming use.) The term also refers to the activity that constitutes the use made of
the property. (For example, all the activity associated with operating a retail-clothing store in a
residentially zoned area constitutes a nonconforming use.)
Non-electric Vehicle. Any vehicle not defined as an electric vehicle as defined above under
‘Electric Vehicle’.
Nuisance. The use of property or course of conduct that interferes with the legal rights of
others which causes damage, annoyance, inconvenience, or tends to injure the health, safety,
or morals of the City‟s residents.
Nursing Care Home. A facility maintained for the purpose of providing skilled nursing care
and medical supervision at a lower level than that available in a hospital to not more than nine
persons.
Nursing Care Institution. An institutional facility maintained for the purpose of providing
skilled nursing care and medical supervision at a lower level than that available in a hospital to
more than nine persons.
Occupied. Means containing any person or persons for any period exceeding two (2) hours
in any twenty-four hour (24) period.
Occupied Space. An area enclosed or covered providing a ceiling height of 7'6" or more,
intended for normal use by people on an occasional or more frequent basis. Occupied space
may include basements, cellars, penthouses, and interior balconies or mezzanines if the space
is intended for use or habitation.
Off-Premises Sign. See Sign, Off-Premises.
On-Premises Sign. See Sign, On-Premises.
Ordinary High Water Mark. That mark that will be found by examining the bed and banks
and ascertaining where the presence and action of waters are so common and usual, and so
long continued in all ordinary years, as to mark upon the soil a character distinct from that of the
abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may
naturally change thereafter, or as it may change thereafter in accordance with permits issued by
the City or the Department of Ecology: PROVIDED, that in any area where the ordinary high
water mark cannot be found, the ordinary high water mark shall be the line of mean high water.
Owner. All persons, partnerships, corporations, and other legal entities that have an
ownership interest (including purchasers and sellers under a real estate contract if the contract
is recorded) in the subject property.
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 16 April January 201109
Parking Area Aisles. A portion of the vehicle accommodation area consisting of lanes
providing access to parking spaces.
Parking Space. A portion of the vehicle accommodation area set aside for the parking of one
vehicle.
Pedestrian-way. A tract or easement whose function is to provide public, pedestrian access
traversing property outside of a street right-of-way. In some instances, such tracts or easements
may be combined with utility tracts or easements.
Permit-Issuing Authority. Wherever this code refers to the “permit-issuing authority” it refers
to that person, board, office, or institution having jurisdiction over the permit in question, as
specified in Chapters 20.12 (Administrative Mechanisms), 20.16 (Permits & Final Plat Approval),
20.20 (Appeals, Variances, Interpretations), and 20.24 (Hearing and Pre-Hearing Procedures
For Appeals and Applications).
Person. An individual, trustee, executor, other fiduciary, corporation, firm, partnership,
association, organization, or other entity acting as a unit.
Planning Jurisdiction. The area within the city limits as well as any area beyond the city
limits within which the city is authorized to plan for and regulate development, as set forth in
§20.04.030 (Jurisdiction).
Planning Official. The Director of the Department of Community Development or his/her
designee.
Plat. A map or representation of a subdivision, showing thereon the division of a tract or
parcel of land into lots, blocks, streets and alleys, or other divisions and dedications.
Plat, Final. The final drawing of the major subdivision and dedication prepared for filing for
record with the county auditor and containing all elements and requirements set forth in this title.
Plat, Preliminary, or Plat, Preliminary Short. A neat and approximate drawing of a proposed
subdivision showing the general layout of streets and alleys, lots, blocks, d edications, restrictive
covenants, and other elements of a subdivision consistent with the requirements of this title. The
preliminary plat shall be the basis for the approval or disapproval of the general layout of a
subdivision.
Plug-in Hybrid Electric Vehicle (PHEV). Means an electric vehicle that (1) contains an
internal combustion engine, and also allows power to be delivered to the drive wheels by an
electric motor; (2) is able to recharge its battery by connecting to the grid or other off -board
electrical source; and (3) has the ability to travel short distances (typically 10 miles or more)
powered all, or substantially all, by electricity.
Porch, Front. For the purposes of §20.48.040(f) (Building Setback Requirements) a front
porch is a covered platform at an entrance to a dwelling, having a separate roof, that is not
heated or cooled, and that is attached to the outside of a building.
Private Alley. Means a private access or street, at least 16 feet of pavement, that provides
access to residential parcels or units, and that provides principal access to garages or code-
required parking areas. Alleys provide parking and service access, but are not intended for
general traffic circulation. (Amended by Ord. 1454, 9/26/08)
Public Alley. A public way permanently reserved as a secondary means of access to
abutting property. (Amended by Ord. 1454, 9/26/08)
Public Place of Adult Entertainment. Any exhibition or dance constituting “adult
entertainment,” as defined in this section, which is for the use or benefit of a member or
members of the adult public, or advertised for the use or benefit of a member or members of the
adult public, held conducted, operated or maintained for a profit, direct or indirect.
Public Water Supply System. Any water supply system furnishing potable water to two or
more dwelling units or businesses or any combination thereof.
Quarrying. See Mining.
Rapid Charging Station. Means an industrial grade electrical outlet that allow for faster
recharging of electric vehicle batteries through higher power levels, which meets or exceeds any
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 17 April January 201109
standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules
adopted under RCW 19.27.540.
Receive-Only Earth Station. An antenna and attendant processing equipment for reception
of electronic signals from satellites.
Repair or Maintenance Activities. An action to restore the character, size, or scope of a
project only to the previously authorized condition.
Residence, Duplex. A two-family residential use in which the dwelling units share a common
wall (including without limitation the wall of an attached garage or porch) and in which each
dwelling unit has living space on the ground floor and a separate, ground floor entrance.
Residence, Multi-Family. A residential use consisting of a building containing three or more
dwelling units. For purposes of this definition, a building includes all dwelling units that are
enclosed within that building or attached to it by a common floor or wall (even the wall of an
attached garage or porch).
Residence, Multi-Family Apartments. A multi-family residential use other than a multi-family
conversion or multi-family townhouse.
Residence, Multi-Family Conversion. A multi-family residence containing not more than four
dwelling units and results from the conversion of a single building containing at least 2,000
square feet of gross floor area that was in existence on the effective date of this provision and
that was originally designed, constructed and occupied as a single-family residence.
Residence, Multi-Family Townhouses. A multi-family resident use in which each dwelling
unit shares a common wall (including without limitation the wall of an attached garage or porch)
with at least one other dwelling unit and in which each dwelling unit has living space on the
ground floor and a separate, ground floor entrance.
Residence, Primary with Accessory Dwelling Unit. A residential use having the external
appearance of a single-family residence but in which there is located a second dwelling unit that
is under the same ownership as, and subordinate to the single-family dwelling unit, and that is
intended for use as a complete and independent living facility, and that comprises not more than
25 percent of the gross floor area of the building nor more than a total of 800 square feet.
Residence, Single-Family Attached, One Dwelling Unit Per Lot. A residential use consisting
of a single building containing two dwelling units which share a common wall (including without
limitation the wall of an attached garage or porch), but located on two separate lots containing
no other dwelling units in such a manner that a lot line bisects the building along the common
wall and that each dwelling unit is completely on a separate lot.
Residence, Single-Family Detached, More Than One Dwelling Per Lot. A residential use
consisting of two or more single-family detached dwelling units on a single lot.
Residence, Single-Family Detached, One Dwelling Unit Per Lot. A residential use consisting
of a single detached building containing one dwelling unit and located on a lot containing no
other dwelling units.
Residence, Two-Family. A residential use consisting of a building containing two dwelling
units. If two dwelling units share a common wall, even the wall of an attached garage or porch,
the dwelling units shall be considered to be located in one building.
Residence, Two-Family Apartment. A two-family residential use other than a duplex,
two-family conversion, or primary residence with accessory dwelling unit.
Residence, Two-Family Conversion. A two-family residence resulting from the conversion of
a single building containing at least 2,000 square feet of gross floor area that was in existence
on the effective date of this provision and that was originally designed, constructed and
occupied as a single-family residence.
Restoration means action performed to re-establish historic or pre-existing critical area
functions and values in areas impacted by human activity. Restoration may include improving
some functions and values beyond the historic conditions with commensurate declines in
others.
Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 10 April January 201109
USE DESCRIPTIONS
ZONES
SR RLMD RMD RHD OTR NC OTB1 OTB2 OTB3 GC HC BP LI GI AF MS P/SP
9.160 Car wash ZS ZS ZS ZS
9.`170 Towing Operations ZS ZS
9.180 Electric Vehicle Infrastructure P24 P25 P25 P23 P23 P P P P P P P26 P P P P P24
9.200 Aviation Related Operations
9.210 Aircraft sales or rental Z11
9.220 Aircraft sales with installation of aircraft parts or
accessories (e.g., propellers, tires, mufflers, etc.) Z11
9.230 Aircraft repair and maintenance, not including
substantial body work Z11
9.240 Aircraft painting and body work Z11
9.250 Aviation fuel sales Z11
9.260 Aircraft wash Z11
10.000 STORAGE AND PARKING
10.100 Automobile parking garages or parking lots not
located on a lot on which there is another principal
use to which the parking is related
ZS ZS ZS ZS ZS ZS ZS ZS
ZSC10
10.200 Storage of goods not related to sale or use of those
goods on the same lot where they are stored
10.210 All storage within completely enclosed structures ZS ZS ZS ZS ZS ZS ZSC10
10.220 Storage partially or fully outside completely
enclosed structures ZS ZSC10
10.300 Parking of vehicles or storage of equipment outside
enclosed structures where: (I) vehicles or equipment
are owned and used by the person making use of lot,
and (II) parking or storage is more than a minor and
incidental part of the overall use made of the lot
ZS
ZSC10
10.400 Parking or storage of aircraft, either inside or outside
completely enclosed structures Z11
11.000 SCRAP MATERIALS SALVAGE YARDS,
JUNKYARDS, AUTOMOBILE GRAVEYARDS AND
AUTOMOBILE RECYCLING FACILITIES
ZS19
12.000 SERVICES AND ENTERPRISES RELATED TO
ANIMALS
12.100 Veterinarian ZS ZS ZS ZS ZS ZS ZS
12.200 Kennel ZS ZS ZS ZS
12.300 Pet Grooming/Pet Store ZS ZS ZS ZS ZS
13.000 EMERGENCY SERVICES
13.100 Police Stations18 C C C C C S ZS ZS ZS ZS ZS ZS ZS ZS Z11 ZSC10
13.200 Fire Stations18 C C C C C S ZS ZS ZS ZS ZS ZS ZS ZS Z11 ZSC10
13.300 Rescue squad, ambulance service18 C C C C C S ZS ZS ZS ZS ZS ZS ZS ZS Z11 ZSC10
13.400 Civil defense operation ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS Z11 ZSC10
14.000 AGRICULTURAL, SILVICULTURAL, MINING,
QUARRYING, SOIL PROCESSING OPERATIONS
14.100 Agricultural operations, farming
14.110 Excluding livestock ZS ZS ZS10
Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 13 April January 201109
1 Subject to §20.44.060 (Minimum Parcel Sizes for Class “A,” “B,” or “C” Mobile Homes).
2 Subject to §20.48.010 (Minimum Lot Size Requirements).
3 Subject to §20.44.080 (Mobile Sales and Delivery).
4 Subject to §20.44.048 (Temporary Public Structures).
5 Subject to §20.44.100 (Permits for Grading and Filling).
6 Subject to §20.44.010 (Solid Waste, Quarrying, Mining, and Similar Uses).
7 Subject to §20.44.070 (Homes Emphasizing Special Services, Treatment, or Supervision).
8 Subject to §20.44.034 (Wireless Communications Facilities)
9 Subject to §20.44.110 (Permits for Land Clearing)
10 Use allowed in the Public/Semi-Public district when it is conducted by a public/semi-public agency for the benefit of the general
public.
11 Such uses allowed only if in compliance with the intent of the zone as established in §20.36.034 (Aviation Flightline District
Established).
12 Such uses allowed only if in compliance with the intent of the zone as established in §20.36.036 (Medical Services District
Established).
13 Subject to §20.44.096 (Penal and Correctional Facilities).
14 Subject to §20.44.016 (Mixed Use Developments).
15 Subject to §20.44.084 (Stand Alone Office Uses in the General Industrial Zone).
16 Subject to §20.44.062 (Trade or Vocational Schools in the OTB-1).
17 Subject to §20.38.070 (Restrictions on Certain Use Classifications on Arlington Airport Property).
18 Subject to §20.38.080 (Performance Standards and Miscellaneous Restrictions).
19 Subject to §20.44.066 (Storage Surfaces for Scrap Materials Salvage Yards, Junkyards, Automobile Graveyards and Automobile
Recycling Facilities).
20 Subject to §20.44.032 (Master Planned Neighborhood Developments)
21 Subject to the requirements of AMC Chapter 3.32, and further subject to the following locational criteria: only permitted in areas
south of SR 531/172nd St. and east of 51st Avenue NE, or south of 169th Pl. NE, north of 164th St. NE, and west of Smokey Point
Boulevard; and not located within one thousand (1000) feet of a daycare facility, school, church, synagogue, or temple.
22 Only sales of beverages and sales of foods prepared off site and not principally in a kitchen on the premises.
23 Battery charging stations only, limited in use only to the tenants or customers of the development located on-site.
24 Level 1 and Level 2 restricted electric charging stations only. Level 3 public electric charging stations allowed in public parks.
25 Level 1 and Level 2 restricted electric charging stations only.
26 Accessory to primary use only, not to exceed twenty percent (20%) of primary use.
Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 14 April January 201109
(Amended by Ord. 1388, 3/27/06, Ord 1449, 4/7/08, Ord 1454, 9/26/08; Ord. 2010-001 1/19/10, Ord. 2011-00x 1/x/11)
Title 20—Land Use Code Chapter 20.44: Supplemental Use Regulations
City of Arlington 20.44 - 1 April January 201109
Chapter 20.44
SUPPLEMENTAL USE
REGULATIONS
Sections:
Part I. General Provisions
20.44.010 Solid Waste, Quarrying, Mining, and Similar Uses.
20.44.016 Mixed Use Developments.
20.44.020 Unit Lot Subdivision (ULSs).
20.44.030 Flexible Development Standards (FDSs)
20.44.032 Master Planned Neighborhood Developments (MPND).
20.44.034 Wireless Communications Facilities.
20.44.035 CUP for Homeless Encampments
20.44.037 Administrative Conditional Use Permits
20.44.040 Temporary Emergency, Construction, or Repair Residences.
20.44.042 Accessory Dwelling Units (ADU).
20.44.044 Recreational Vehicles as Temporary Dwelling Units.
20.44.046 RV/Travel Trailer Parks
20.44.048 Temporary Public Structures.
20.44.060 Minimum Parcel Sizes for Class ―A,‖ ―B,‖ or ―C‖ Mobile Homes.
20.44.062 Mobile Home Parks.
20.44.064 Trade or Vocational Schools in the OTBD-1.
20.44.066 Storage Surfaces for Scrap Materials Salvage Yards, Junkyards, Automobile
Graveyards and Automobile Recycling Facilities.
20.44.070 Homes Emphasizing Special Services, Treatment, or Supervision.
20.44.080 Mobile Sales and Delivery.
20.44.084 Stand Alone Office Uses in the General Industrial Zone.
20.44.090 Outdoor Storage or Display of Retail Items.
20.44.094 Adult Entertainment Facilities.
20.44.096 Penal and Correctional Facilities.
20.44.098 Electric Vehicle Infrastrucutre.
Part II. Land Clearing, Grading, Filling, and Excavation
20.44.100 Permits for Grading and Filling.
20.44.110 Permits for Land Clearing.
20.44.120 Restrictions and Requirements.
Part III. Performance Standards
20.44.208 Obligation to Comply.
20.44.210 Noise.
20.44.220 Vibration.
20.44.230 Odors.
20.44.240 Smoke and Air Pollution.
20.44.250 Disposal of Liquid and Hazardous Wastes.
20.44.260 Water Consumption.
20.44.270 Electrical Disturbance or Interference.
20.44.280 Lighting.
20.44.290 Site and Building Maintenance.
Title 20—Land Use Code Chapter 20.44: Supplemental Use Regulations
City of Arlington 20.44 - 19 April January 201109
1. Whenever the proponent of a business or other land use subject to the locational and
separation requirements set forth in this Chapter feels that strict application of such
requirements is not necessary to achieve an effective degree of physical separation
between the proposed business or other land use and other uses in the vicinity, the
proponents shall have the right to apply for a variance of the requirements upon
payments of the fee for the variance application.
2. In determining when a variance should be granted, and if so, to what extent, the permit-
issuing authority shall consider the following, in addition to the general criteria for
variances established by this Title:
a. Topographical and other features of the land which provide actual separation
between the proposed business or other land use and surrounding land uses;
b. Pedestrian and vehicular circulation patterns in the vicinity of the proposed activity;
and
c. Any other fact or circumstance that has a significant effect upon the need for the full
separation distance required by this Chapter.
3. If after considering these criteria, the permit-issuing authority finds that an effective
separation between the proposed business or other land use and surrounding uses can
be achieved without requiring the full distance of separation provided by this section,
they shall determine the degree of variance to be allowed and shall grant such variance.
Otherwise, the application for variance shall be denied.
20.44.096 Penal and Correctional Facilities.
All 7.400 Use Classes (Penal and Correctional Facilities) containing eleven or more cells shall
be located on a parcel or parcels of at least 50 acres in size. Furthermore, such uses shall be
prohibited within one thousand (1,000) feet of any residential zone, church or religious facility or
institution, public or private school, training facility, or technical school that has twenty-five (25)
percent or more of its students under the age of eighteen (18), public park or playground, or day
care center.
20.44.098 Electric Vehicle Infrastructure.
(a) Purpose. This section is to establish ―electric vehicle infrastructure‖ (EVI) regulations for the
City to allow EVI and meet the intent of the Revised Code of Washington (RCW) requiring
the City to allow EVI in all zones except for residential zones.
(b) Electric Vehicle Infrastructure – Where Allowed.
Electric vehicle infrastructure is allowed as specified in Table 20.40-1: Table of Permissible
Uses, Chapter 20.44 Permitted Uses, Arlington Municipal Code (AMC).
(c) Battery Charging Station or Rapid Charging Station – Retrofitting in Existing Development.
1. Required off-street parking spaces within any existing development listed within the
zones listed below may be converted to battery charging station spaces or rapid
charging station spaces for BEV’s and PHEV’s, subject to the restrictions cited in the
Permitted Use chart (Table 20.40-1), provided that the battery charging and/or rapid
charging stations are accessory to the permitted use(s) on the property.
i. AMC 20.36.020(b) – Neighborhood Commercial (NC).
ii. AMC 20.36.020(c) – Old Town Business District (OTBD-1,2,3).
iii. AMC 20.36.020(d) – General Commercial (GC).
iv. AMC 20.36.020(e) – Highway Commercial (HC).
v. AMC 20.36.020(f) – Business Park (BP)
vi. AMC 20.36.034 – Aviation Flightline (AF).
vii. AMC 20.36.036 – Medical Services (MS).
viii. AMC 20.36.040 – Public/Semi-Public (P/SP).
Title 20—Land Use Code Chapter 20.44: Supplemental Use Regulations
City of Arlington 20.44 - 20 April January 201109
2. At least .65 spaces shall be set aside as ―electric vehicle waiting spaces‖ for each Level
3 public electric vehicle charging station provided on site. Waiting spaces for Level 1
and 2 public electric vehicle charging stations shall not be required.
3. The use of any charging station on-site shall not obstruct any vehicular or pedestrian
traffic on-site (such as waiting for a charging station space within a drive-aisle or a
designated pedestrian crossing) or within a public right-of-way (ROW).
4. Battery or rapid charging station spaces shall be designated for charging electric vehicles
only as provided under AMC 20.44.098(g). Non-electric vehicles or non charging BEV’s
of PHEV’s shall not be allowed. The type of signage designating these spaces shall be
approved by the City Manager or his designee.
(d) Electric Vehicle Charging Station Spaces – Allowed as Required Spaces.
1. Electric vehicle charging station spaces shall be allowed to be used in the computation of
required off-street parking spaces as provided under AMC 20.44.098(c), provided; that
the electric vehicle charging station/s is accessory to the primary use of the property.
2. If a publicly owned and publicly available Level 3 electric vehicle charging station/s is
provided on-site, .65 ―electric vehicle waiting spaces‖ shall also be provided for each
electric vehicle charging station. These spaces shall be in addition to the off-street
parking spaces required under AMC 20.44.098(c).
(e) Off-street Electric Vehicle Charging Station Spaces.
1. Number. No minimum number of charging station spaces is required.
2. Location and Design Criteria. The provision of electric vehicle parking will vary based on
the design and use of the primary parking lot. The following required and additional
locational and design criteria are provided in recognition of the various parking lot layout
options.
i. Where provided, parking for electric vehicle charging purposes is required to
include the following:
aa. Signage. Signage, as required under AMC 20.44.098(g) for each charging
station space, shall be posted indicating the space is only for electric
vehicle charging purposes. Days and hours of operations shall be included
if time limits or tow away provisions are to be enforced.
bb. Maintenance. Charging station equipment shall be maintained in all
respects, including the functioning of the charging equipment. A phone
number or other contact information shall be provided on the charging
station equipment for reporting when the equipment is not functioning or
other problems are encountered.
cc. Accessibility. Where charging equipment is provided within an adjacent
pedestrian circulation area, such as a sidewalk or accessible route to the
building entrance, the charging equipment shall be located so as not to
interfere with accessibility requirements of WAC 51-50-005.
dd. Lighting. Where charging station equipment is installed, adequate site
lighting shall exist, unless charging is for daytime purposes only.
ii. Parking for electric vehicles should also consider the following:
aa. Notification. Information on the charging station, identifying voltage and
amperage levels and any time of use, fees, or safety information.
bb. Signage. Installation of directional signs at the parking lot for entrance and
at appropriate decision points to effectively guide motorists to t he charging
station space(s).
3. Data Collection. To allow for maintenance and notification, owners of any private new
electric vehicle infrastructure station that will be publicly available (see definition ―electric
vehicle charging station – public‖), shall provide information on the station’s geographic
Title 20—Land Use Code Chapter 20.44: Supplemental Use Regulations
City of Arlington 20.44 - 21 April January 201109
location, date of installation, equipment type and model, and owner contact information.
This information shall be submitted to the Community Development Department.
(f) Accessible Electric Vehicle Charging Stations. Where electric vehicle charging stations are
provided in parking lots or parking garages, accessible vehicle charging stations shall be
provided as follows:
1. Accessible electric vehicle charging stations are provided in the ratios shown in the
following table.
Table 20.44-1: Accessible Electric Vehicle Charging Station Requirements
Number of EV
Charging Stations
Minimum Accessible
EV Charging Stations
1-50 1
51-100 2
101-150 3
151-200 4
201-250 5
251-300 6
2. Accessible electric vehicle charging stations should be located in close proximity to the
building or facility entrance and shall be connected to a barrier-free accessible route of
travel. It is not necessary to designate the accessible electric vehicle charging station
exclusively for the use of disabled persons. Below are two options for providing for
accessible electric vehicle charging stations.
Figure 20.44-1: Off-street accessible electric vehicle charging station – Option 1
Photo - Puget Sound area parking garage (Source: ECOtality North America).
Title 20—Land Use Code Chapter 20.44: Supplemental Use Regulations
City of Arlington 20.44 - 22 April January 201109
Figure 20.44-2: Off-street accessible electric vehicle charging station – Option 2
Photo - Fashion Island Shopping Mall, Newport Beach, CA (Source: Light Moves).
(g) Electric Vehicle Charging Station Spaces – Signage.
1. Off-street public electric vehicle charging station spaces shall provide the following
signage.
Figure 20.44-3: Directional – Off-street Parking Lot or Parking Garage
12‖ x 12‖
12‖ x 6‖
Note: The directional sign for an on-site parking lot or parking garage should be used in the
parking facility with a directional arrow at all decision points.
Title 20—Land Use Code Chapter 20.44: Supplemental Use Regulations
City of Arlington 20.44 - 23 April January 201109
Figure 20.44-4: Off-street EV Parking – Parking Space with Charging Station Equipment
12‖ x 12‖
12‖ x 18‖
12‖ x 18‖
Note: Combination sign identifying space as an electric vehicle charging station, prohibiting
non-electric vehicles, with charging time limits. The use of time limits is optional. The blue/white
and red/black signs define that only an electric vehicle that is charging can use the spaces. The
green sign defines time limits for how long an electric vehicle can be in the space during the
specified hours. Outside of the specified hours, electric vehicles can charge for an indefinite
period of time.
Title 20—Land Use Code Chapter 20.44: Supplemental Use Regulations
City of Arlington 20.44 - 24 April January 201109
(h) Stacking Spaces for Electric Vehicle Battery Exchange Stations. Electric vehicle battery
exchange stations shall provide three (3) stacking spaces. A stacking space shall be an
area measuring eight (8) feet by twenty (20) feet with direct forward access to the battery
exchange bay. A stacking space shall be located to prevent any vehicles from extending
onto the public right-of-way, or interfering with any pedestrian circulation, traffic
maneuvering, or other required parking areas. Stacking spaces may not be counted as
required off-street parking spaces.
Part II. Land Clearing, Grading, Filling, and Excavation
20.44.100 Permits for Grading and Filling.
(a) Subject to §20.44.120 (Restrictions and Requirements), grading permits are issued by the
Public Works Director pursuant to the provisions of UBC Appendix 33 as adopted by AMC
16.04, Building Code. (Amended by Ord. 1312, 11/17/2003)
(b) The Public Works Director may temporarily suspend or revoke any permit allowing grading
or filling if, in his opinion, adverse weather or other conditions so warrant.
20.44.110 Permits for Land Clearing.
(a) Subject to §20.44.120 (Restrictions and Requirements), no permits are required for clearing
or logging involving less than 10,000 square feet of land within any 12-month period.
Nevertheless, all clearing activities must comply with all elements of this Title, regardless of
whether a permit is required.
(b) Zoning permits are required for all clearing and logging involving 10,000 square feet of
property or more when not in conjunction with a land use permit.
(c) The Public Works Director may temporarily suspend or revoke any permit allowing land
clearing if, in his opinion, adverse weather or other conditions so warrant.
20.44.120 Restrictions and Requirements.
All clearing, logging, grading, filling, and excavation, regardless of whether or not a permit is
required, is subject to the following restrictions and requirements:
(a) No clearing, logging, grading, filling, or excavation is allowed in an Environmentally Critical
Area or its buffer where Chapter 20.88 (Environmentally Critical Areas) prohibits such
activities.
(b) No clearing, logging, grading, filling, or excavation, except that necessary for essential
repairs of permitted private structures or construction of public infrastructure or facilities, is
permitted outward from the shores of the Stillaguamish River or inland within its buffer, as
established by Chapter 20.88 (Environmentally Critical Areas) or the Shoreline Management
Act, whichever is greater.
(c) Adequate Temporary Erosion and Sedimentation Control (TESC) measures shall be
approved and installed per AMC 13.24, Stormwater Management, prior to any disturbance
of soils.
(d) All disturbed areas shall be hydro-seeded and mulched, sodded, or otherwise protected
within 48 hours of disturbance.
(e) All Environmentally Critical Areas and their buffers shall be fenced with construction fence
prior to any disturbance of the soil.
(f) The applicant shall present to the City a valid NPDES permit, where req uired by the
Department of Ecology, prior to any disturbance of soil.
(g) Environmental review of clearing and/or grading associated with site development may be
done concurrently with the environmental review of the project (e.g., at preliminary plat
stage, site plan review stage, or project development stage) allowing for clearing and/or
Title 20—Land Use Code Chapter 20.44: Supplemental Use Regulations
City of Arlington 20.44 - 26 April January 201109
2. Wherever WAC 173-06 speaks to the Department of Ecology enforcing said regulations,
the City may also act to enforce them pursuant to Chapter 20.28 (Enforcement &
Review) of this Title.
20.44.220 Vibration.
(a) Except as modified by Subsection (b), no use in any zoning district may generate any
ground-transmitted vibration that causes property damage or is perceptible to the human
sense of touch measured at (i) the outside boundary of the immediate space occupied by
the enterprise generating the vibration if the enterprise is one of several located on a lot, or
(ii) the lot line if the enterprise generating the vibration is the only enterprise located on a lot.
(b) No 4.000 classification use in a Light Industrial (LI) or General Industrial district (GI) may
generate any ground-transmitted vibration in excess of the limits set forth in Subsection (e).
Vibration shall be measured at any adjacent lot line or residential district line as indicated in
the table set forth in Subsection (e).
(c) The instrument used to measure vibrations shall be a three-component measuring system
capable of simultaneous measurement of vibration in three mutually perpendicular
directions.
(d) The vibration maximums set forth in Subsection (e) are stated in terms of particle velocity,
which may be measured directly with suitable instrumentation or computed based on
displacement and frequency. When computed, the following formula shall be used:
PV = 6.28 F x D
Where:
PV = Particle velocity, inches-per-second
F = Vibration frequency, cycles-per-second
D = Single amplitude displacement of the vibration, inches.
The maximum velocity shall be the vector sum of the three components recorded.
(e) Table 20.44-1Table 20.44-4 is the Table of Maximum Ground-Transmitted Vibration.
(f) The values stated in Subsection (e) may be multiplied by two for impact vibrations, i.e.,
discrete vibration pulsations not exceeding one second in duration and having a pause of at
least one second between pulses.
(g) Vibrations resulting from temporary construction activity that occurs between 7 a.m. and 10
p.m. shall be exempt from the requirements of this section.
Table 20.44-14: Table of Maximum Ground-Transmitted Vibration
Zoning
District
Particle Velocity, Inches-Per-Second
Adjacent Lot Line Residential District
LI 0.10 0.02
GI 0.20 0.02
20.44.230 Odors.
(a) For purposes of this section, the ―odor threshold‖ is defined as the minimum concentration in
air of a gas, vapor, or particulate matter that is found to be overwhelming and a nuisance to
the olfactory systems of a majority of a panel of five healthy observers.
(b) No use in any district may generate any odor that:
Title 20—Land Use Code Chapter 20.72: Parking
City of Arlington 20.72 - 4 April January 201109
Use Parking Requirement
—
Title 20—Land Use Code Chapter 20.72: Parking
City of Arlington 20.72 - 5 April January 201109
Use Parking Requirement
(Amended by Ord. 1312, 11/17/2003; Ord. 2010 1/19/10; Ord 2011 1/x/11)
Title 20—Land Use Code Chapter 20.98: SEPA
City of Arlington 20.98 - 4 1/10/201112/2/2010January 2011
an EIS. The City adopts the following sections of WAC 197-11, as may be amended, by
reference, as supplemented in this part:
300 Purpose of this Part.
305 Categorical exemptions.
310 Threshold Determination Required.
315 Environmental Checklist.
330 Threshold Determination Process.
335 Additional Information.
340 Determination of Nonsignificance (DNS).
350 Mitigated DNS.
355 Optional DNS process.
360 Determination of Significance (DS/ Initiation of Scoping).
390 Effect of Threshold Determination
The City also adopts the following sections of the RCW:
43.21C.410 Battery charging and exchange station installation.
20.98.090 Flexible Thresholds for Categorical Exemptions.
(a) The City establishes the following exempt levels for minor new construction under WAC 197-
11-800 (1)(b) based on local conditions:
1. For residential dwelling units in WAC 197-11-800 (1)(b)(i): Up to 9 dwelling units.
2. For agricultural structures in WAC 197-11-800 (1)(b)(ii): Up to 10,000 square feet.
3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-
800 (1)(b)(iii): Up to 4,000 square feet and up to 20 parking spaces.
4. For parking lots in WAC 197-11-800 (1)(b)(iv): Up to 20 parking spaces.
5. For landfills and excavations in WAC 197-11-800 (1)(b)(v): Up to 250 cubic yards.
(b) Whenever the City establishes new exempt levels under this section, it shall send them to the
Department of Ecology, Headquarters Office, Olympia, Washington, 98504, under WAC 197-
11-800 (1)(c).
20.98.100 Use of Exemptions
(a) Each department within the City that receives an application for a license or, in the case of
governmental proposals, the department initiating the proposal, shall determine whether the
license and/or the proposal are exempt. The department’s determination that a proposal is
exempt shall be final and not subject to administrative review. If a proposal is exempt, none
of the procedural requirements of this chapter apply to the proposal. The City shall not
require completion of an environmental checklist for an exempt proposal.
(b) In determining whether a proposal is exempt, the department shall make certain the
proposal is properly defined and shall identify the governmental licenses required (WAC
197-11-060). If a proposal includes exempt and nonexempt actions, the department shall
determine the lead agency, even if the license application that triggers the department’s
consideration is exempt.
(c) If a proposal includes both exempt and nonexempt actions, the City may authorize exempt
actions prior to compliance with the procedural requirements of this chapter except that:
1. The City shall not give authorization for:
a. Any nonexempt action;
b. Any action that would have an adverse environmental impact; or
c. Any action that would limit the choice of alternatives
Electric Vehicle Infrastructure
A Guide for Local Governments in Washington State
Model Ordinance, Model Development Regulations, and Guidance Related to
Electric Vehicle Infrastructure and Batteries per RCW 47.80.090 and 43.31.970
JULY 2010
Puget Sound Regional Council
PSRC
TECHNICAL ADVISORY COMMITTEE MEMBERS
The following people were members of the technical advisory committee and contributed to the preparation of this report:
Ivan Miller, Puget Sound Regional Council, Co-Chair
Gustavo Collantes, Washington Department of Commerce, Co-Chair
Dick Alford, City of Seattle, Planning
Ray Allshouse, City of Shoreline
Ryan Dicks, Pierce County
Jeff Doyle, Washington State Department of Transportation
Mike Estey, City of Seattle, Transportation
Ben Farrow, Puget Sound Energy
Rich Feldman, Ecotality North America
Anne Fritzel, Washington Department of Commerce
Doug Griffith, Washington Labor and Industries
David Holmes, Avista Utilities
Stephen Johnsen, Seattle Electric Vehicle Association
Ron Johnston-Rodriguez, Port of Chelan
Bob Lloyd, City of Bellevue
Dave Tyler, City of Everett
CONSULTANT TEAM
Anna Nelson, Brent Carson, Katie Cote — GordonDerr LLP
Dan Davids, Jeanne Trombly, Marc Geller — Plug In America
Jim Helmer — LightMoves
Funding for this document provided in part by member jurisdictions, grants from U.S. Department of Transportation, Federal
Transit Administration, Federal Highway Administration and Washington State Department of Transportation. PSRC fully
complies with Title VI of the Civil Rights Act of 1964 and related statutes and regulations in all programs and activities. For more
information, or to obtain a Title VI Complaint Form, see http://www.psrc.org/about/public/titlevi or call 206-464-4819. Sign
language, and communication material in alternative formats, can be arranged given sufficient notice by calling 206-464-7090.
TDD\TTY: 206-464-5409.
This is an ARRA Funded Project, and was supported by Grant No. DE-EE0000849 awarded by US Department
of Energy (USDOE). Points of view in this document do not necessarily represent the official position or
policies of the US Department of Energy. Grant funds are administered by the Energy Policy Division,
Washington State Department of Commerce.
For additional copies of this document please contact: Puget Sound Regional Council • Information Center
1011 Western Avenue, Suite 500 • Seattle, WA 98104-1035
206-464-7532 • fax 206-587-4825 • info@psrc.org • www.psrc.org
Washington Department of Commerce • Energy Policy Division
1011 Plum Street SW • Olympia, WA 98504-2525
360-725-3000 • www.commerce.wa.gov
PREPARED WITH ASSISTANCE FROM:
Cover photo: Nissan Leaf
Model Development Regulations and Guidance 1
Table of Contents
Summary ................................................................................................................................................................3
Introduction...........................................................................................................................................................5
The Purpose of These Model Provisions ...............................................................................................................................................7
Identification of Existing Codes .................................................................................................................................................................8
State Law .................................................................................................................................................................................................................8
Relationship to Other Codes and Standards ......................................................................................................................................9
Section 1. Model Ordinance .............................................................................................................................11
Section 2. Model Development Regulations and Guidance.......................................................................15
Chapter 1. Definitions .....................................................................................................................................................................................16
Chapter 2. Vehicles and Traffic ..................................................................................................................................................................20
Chapter 3. Zoning .............................................................................................................................................................................................22
Chapter 4. Streets, Sidewalks, and Public Places ............................................................................................................................28
Chapter 5. SEPA ..................................................................................................................................................................................................32
Chapter 6. State Battery, Building, and Electrical Provisions ....................................................................................................33
Section 3. Resources .........................................................................................................................................37
Resource Documents .....................................................................................................................................................................................37
Glossary of Terms .............................................................................................................................................................................................40
Footnotes ..............................................................................................................................................................................................................42
Appendices (under separate cover)
Appendix A. House Bill 1481 as Codified in Revised Code of Washington
Appendix B. Model Installation Guides for Charging Stations
Appendix C. Model Electric Vehicle Charging Station Installation Checklist
Appendix D. Research Memoranda
Model Development Regulations and Guidance2
Model Development Regulations and Guidance 3
Summary
Model Ordinance, Model Development Regulations, and Guidance Related to
Electric Vehicle Infrastructure and Batteries per RCW 47.80.090 and 43.31.970
Electric vehicles and electric vehicle charging stations are coming to Washington State. In 2009 the
Washington State Legislature recognized this as both an economic and environmental priority and with the
support of the Governor, enacted a new law designed to encourage electric vehicles.
To create a consistent regulatory framework that would help this industry grow across Washington State, the
legislature required the Puget Sound Regional Council and Department of Commerce to develop guidance
for local governments.
To meet this requirement, the Puget Sound Regional Council and Department of Commerce formed a
broad-based technical advisory committee made up of local governments, charging equipment vendors,
utilities, ports, state agencies, and consumer interests.
The state’s new electric vehicle law requires that all local governments in Washington State allow electric
vehicle charging stations in most of their zoning categories. Allowing charging stations creates the need to
address a number of issues beyond zoning. These include on-street and off-street signage, charging station
design standards, parking enforcement, accessibility for all users, SEPA exemptions, and more. These issues
are addressed in this document.
The guidance includes the following:
• A discussion of the context within which charging stations are provided (Introduction).
• A model ordinance (Section 1).
• Model development regulations and, for topics where regulations may not be required or standards do
not yet exist, information that is provided as guidance (Section 2).
• A set of resource documents and glossary (Section 3).
• Under a separate cover, the guidance includes a set of appendices that include templates, checklists, and
research findings.
By addressing topics beyond allowed uses and zoning, the guidance provides options for local governments
that want to go further than the minimum to support an efficient roll-out of electric vehicles and electric
vehicle charging stations in their jurisdiction.
Model Development Regulations and Guidance4
Model Development Regulations and Guidance 5
Introduction
In 2009 the Washington State Legislature passed and the Governor signed into law House Bill 1481 an Act
relating to electric vehicles.1 The law addresses electric vehicle infrastructure which are defined as the struc-
tures, machinery, and equipment necessary and integral to support an electric vehicle, including battery
charging stations, rapid charging stations, and battery exchange stations.
The purpose of the law is to encourage the transition to electric vehicle use and to expedite the establish-
ment of a convenient and cost-effective electric vehicle infrastructure that such a transition necessitates.
The Legislature agreed that the development of a convenient infrastructure to recharge plug-in electric
vehicles is essential to increase consumer acceptance of these vehicles.
As the state agency with expertise in land use and electric vehicle infrastructure, Section 18 of HB 1481 (cod-
ified as RCW 43.31.970) requires the Washington State Department of Commerce (Commerce) to distribute
to local governments model ordinances, model development regulations, and guidance for local govern-
ments for siting and installing electric vehicle infrastructure, in particular battery charging stations, and for
appropriate handling, recycling, and storage of electric vehicle batteries and equipment.
The law requires that local government development regulations allow electric vehicle infrastructure as a
use in all zones except those zoned for residential, resource, or critical areas. This guidance extends the per-
mitted use to these zones as well, although with some restrictions and limitations. The requirements apply
to local jurisdictions as follows:
• By July 1, 2010, municipalities greater than 20,000 in population in King County that are adjacent to Inter-
state 5, Interstate 90, Interstate 405, or State Route 520, and all municipalities adjacent to I-5 in Pierce,
Snohomish and Thurston Counties, must allow electric vehicle infrastructure (these municipalities are
shown in red on the map on the following page).
• By July 1, 2011, municipalities less than 20,000 in population in King County that are adjacent to these
freeways, and all municipalities statewide adjacent to I-5 and I-90 statewide, are required to allow electric
vehicle infrastructure (shown in yellow).
• The remaining municipalities across the state are required to allow battery charging stations by July 1, 2011
(shown in green).
• For unincorporated county lands, the law imposes similar 2010 and 2011 deadlines for electric vehicle in-
frastructure, but only within a 1-mile buffer around these freeways (shown in red and yellow hatch-marks).
For battery charging stations, the entire area of the county is affected — except those zoned for residen-
tial, resource, or critical areas — by 2011.
For both cities and counties, the law allows jurisdictions to adopt incentives programs as well as other devel-
opment regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in
areas where that use is allowed.
Comment: For the jurisdictions required to allow electric vehicle infrastructure, the definition includes
Battery Charging Stations (referred to as Level 1, Level 2, and Rapid charging), Rapid Charging Stations
(referred to as Level 3 or Fast charging), and Battery Exchange Stations. For the jurisdictions required to
allow Battery Charging Stations, the definition does not include Battery Exchange Stations (see Section
2, Chapter 1: Definitions).
Model Development Regulations and Guidance6
Figure 1. Electric Vehicle Infrastructure Requirements for Cities and Towns (per RCW 35.63.126, 35A.63.107,
36.70A.695) and for Counties (per RCW 36.70.695, 36.70A.695, 35.63.127)
An additional requirement under Section 7 (codified as RCW 43.19.648) is that by June 2015 local govern-
ments and state agencies must satisfy 100% of their fuel usage for operating publicly owned vessels,
vehicles, and construction equipment from electricity or biofuel, to the extent determined practicable by
rules adopted by Commerce (RCW 43.325.080). An interim requirement of 40% is set for state agencies for
June 2013. Commerce has not yet initiated this rulemaking; however, Commerce is considering strategies to
implement Section 7 as part of the State Energy Strategy (SES) update currently underway.2
To assist local jurisdictions in meeting the requirements set for them under the law, Section 2 (codified as
RCW 47.80.090) requires that the Puget Sound Regional Council, in collaboration with representatives from
the Department of Ecology, the Department of Commerce, local governments, and the Office of Regulatory
Assistance, seek federal or private funding for the planning for, deployment of, or regulations concerning
electric vehicle infrastructure. In particular, Section 2 of 47.80.090 includes the development of model ordi-
nances and guidance for local governments for siting and installing electric vehicle infrastructure, in particu-
lar battery charging stations, and appropriate handling, recycling, and storage of electric vehicle batteries
and equipment. When completed, PSRC is to submit the guidance to the state legislature, local jurisdictions
within its jurisdiction, and to Commerce for distribution statewide.
In the fall of 2009, Commerce identified Energy Efficiency Community Block Grant (EECBG) funds to be-
gin planning for deployment of and regulations for electric vehicle infrastructure. With the assistance of a
consultant team, a Technical Advisory Committee representative of key stakeholders and jurisdictions from
across the state (see inside of front cover for a list of committee members), and input from a broader set of
Model Development Regulations and Guidance 7
public and private entities in the electric vehicle industry and state agencies including the Department of
Transportation, Department of Ecology, State Building Code Council, and Labor & Industries, PSRC and Com-
merce prepared model guidance. The model ordinance, model development regulations, and guidance is
written so that individual sections can be lifted out and modified to suit local government needs while still
meeting the requirements of the new law.
The Purpose of These Model Provisions
Several car manufacturers are preparing to commercialize electric-drive vehicle models. By 2012, an esti-
mated 10 to 12 models of highway capable electric vehicles (EVs) will be available to consumers. Electric
vehicle infrastructure (EVI) is necessary to serve this growing consumer base, and HB 1481 recognizes this
need by requiring that local governments allow EVI. A review of local government codes indicates that there
does not currently seem to be prohibitions to EVI. However, there is a need for local governments to adopt
regulations to provide for consistency in the installation of EVI across the state to assist in quicker transition
to electric vehicle use. In addition to development regulations, local governments may want to consider the
use of guidance documents and other written materials that explain EVs and EVI (see Appendix B. Model
Installation Guides for Charging Stations).
To assist local governments in meeting the purpose and requirements of the new law, the model provisions
in this document include three key sections. These sections, and the use of “Comments” within each of
these sections, are explained further below.
• Model Ordinance (Section 1). This section provides language that jurisdictions may include in their
adopting ordinances for electric vehicle infrastructure. This language can be used unchanged or may be
modified to suit local government needs. The model ordinance includes “Whereas” findings for both “fully
planning” and “partially planning” jurisdictions.3
• Model Development Regulations and Guidance (Section 2). These regulations and guidance include
and build on provisions in statute (see Appendix A for where the sections of HB 1481 have been codified
in the RCW). The model regulations and guidance are summarized in Table 1 and include regulations that
are designed to ensure that a local jurisdiction is consistent with the required provisions in RCW. In some
cases, they include options which jurisdictions may choose to include in their development regulations
that provide for additional allowance of EVI (for example, allowing for EVI in areas including those zoned
for residential and some critical areas).
Table 1. Suggested Model Regulations and Guidance
CHAPTER REGULATION GUIDANCE
Definitions EV and EVI related terms None
Vehicles and Traffic EV Enforcement None
Zoning Allowed Uses Accessibility
Off-street Parking Design Off-street Signage
Street, Sidewalks and Public Places On-street Parking Design On-street Signage
Buildings and Utilities None Battery Recycling and Handling
State EVI Rules
SEPA Categorical exemptions None
Model Development Regulations and Guidance8
• Comments. The guidance also includes a variety of comments that provide supporting information and
serve as a resource to local government for consideration in the adoption of development regulations and
guidance for EVI. The comments generally provide information as to why the model development regula-
tion and/or guidance are necessary and what the source is (e.g., best practice or regulation from another
jurisdiction which has EVI).
• Resources (Section 3). This section contains a listing of all the supporting resource documents, a
glossary of terms, and the footnotes.
• Appendices. These support the model ordinance, model development regulations, and guidance.
It includes the research documents, including a code compilation and listing of practices for local, re-
gional, and state agencies identified from the code compilation, interview results, battery research, and
a web-based EV driver survey. Appendix B includes EVI Model Installation Guides for single family and
commercial parking lots that local jurisdictions can use at their permit counters.
Identification of Existing Codes
The consultant team researched codes, ordinances, incentives, state laws, standards, white papers, and
other guiding documents from past efforts of jurisdictions and other agencies across the country, as well
as some international, national, and local jurisdictions. The task included examining the known universe of
ordinances, regulations, and guidance and evaluating which aspects of the research would be most useful
for inclusion in the models and guidance.4 Part of this research also included identification of those codes
that would provide the highest value for follow-up with agencies to discuss and document best practices
and lessons learned.5 Once this research was completed, PSRC and Commerce convened a meeting with
a Technical Advisory Committee to review the results of the research and begin the process of identifying
what to include in the model ordinance, model development regulations, and guidance. The TAC included
representatives of local governments, charging station vendors, utilities, state agencies, ports, and consumer
groups working on deployment of electric vehicles in Washington State.
State Law
The consultant team also assessed any unique provisions of planning laws and regulations in states or
provinces identified from the document research described above and compared them to Washington’s
planning statutes. This assessment included identification of any necessary adaptations statewide, given
Washington’s planning statutes. Based on a review of the documents, the consultant team concluded that
none of the adopted or draft codes poses major conflicts with Washington planning statutes, such as the
various planning enabling acts (including the Growth Management Act (GMA), and the State Environmental
Policy Act (SEPA). However, as discussed, these statutes contain procedural requirements for the adoption of
development regulations.
Growth Management Act
The legislation applies to all local governments in Washington State, including those planning under
Washington’s GMA, and those planning under other statutes. For GMA “Fully Planning” jurisdictions, the
development regulations must be consistent with its comprehensive plan,6 and therefore GMA’s procedural
requirements for comprehensive plans may affect the timing of a jurisdiction’s adoption of development
regulations for EVI.
Model Development Regulations and Guidance 9
Local governments planning under GMA should ensure that their comprehensive plans include policies that
support the adoption of the proposed regulations. EVI considerations could affect several different elements
of the comprehensive plan, including land use, capital facilities, utilities, and transportation. If the compre-
hensive plan already includes such policies or the policies are broadly stated to support EVI, the jurisdiction
can adopt the proposed regulations at any time. However, if the comprehensive plan does not include
such policies, the plan may need to be amended before the adoption of development regulations. Because
the GMA generally allows comprehensive plan amendments to be adopted only once a year,7 jurisdictions
should plan ahead and evaluate the need for a comprehensive plan amendment well in advance of the
adoption of development regulations for EVI.
In the situation where a jurisdiction wishes to implement the regulations outside the annual cycle, GMA
allows amendments or revisions whenever an emergency exists or to resolve an appeal.8 It is possible that
an amendment outside the regular annual cycle could be justified by an “emergency” need to ensure
consistency between the comprehensive plan, development regulations, and the requirements imposed
by RCW 36.70A.695. In declaring such an emergency, the jurisdiction should be sure to adopt findings
explaining the reasons for its declaration.
State Environmental Policy Act
SEPA requires state and local agencies to give proper consideration to environmental matters before taking
major actions. If the initial environmental review of a proposed action (the “threshold determination”) indi-
cates that the action will have probable and significant adverse environmental impacts, a detailed environ-
mental impact statement (EIS) must be prepared.9 SEPA’s procedural requirements, including the require-
ment to prepare a threshold determination, apply to “proposals for legislation and other major actions.” 10
“Actions” include “[n]ew or revised agency rules, regulations, plans, policies, or procedures.” 11 Thus, before
adopting development regulations for EVI, jurisdictions must first prepare a threshold determination under
SEPA. Given the limited scope of the suggested model regulations and anticipated minor impacts associ-
ated with the adoption of such regulations, SEPA review would not likely require the preparation of an EIS.
Rather, it is anticipated jurisdictions would complete a non-project SEPA checklist that results in a Determi-
nation of Non-Significance or Mitigated Determination of Non-Significance.
It should also be noted that SEPA amendments (RCW 43.21C.410) provide that battery charging stations and
battery exchange stations will not lose their categorically exempt status under the SEPA rules as a result of
their being part of a larger proposal. This amendment regarding exemption status will be relevant when
jurisdictions review proposals to construct projects that include battery charging stations and battery ex-
change stations. Model development regulations are provided in this document in regard to this categorical
exemption (see Section 2, Chapter 5: SEPA).
Relationship to Other Codes and Standards
As noted above, the model ordinance, model development regulations, and guidance are written so that
individual sections can be tailored to the particular needs and characteristics of a community, while still pro-
viding for cross-jurisdictional consistency for some standards (e.g., signage) to provide for the establishment
of convenient, cost-effective electric vehicle infrastructure. Additionally, the code structure of local govern-
ments varies and the model development regulation text may need to be modified for local government
use (for example, some jurisdictions have permitted uses in table format, others utilize text format, while
others use a combination of both formats. Additionally, some public works standards are contained within
code or in a separate design manual, or a mix of both). For development and construction permit reviews,
local jurisdictions also rely upon state and national standards (see Section 2, Chapter 6: State Battery, Build-
ing and Electrical Provisions).
Model Development Regulations and Guidance10
In regard to incentives for electric vehicles and infrastructure, potential conflicts with the constitutional pro-
hibition against the gifting or lending of public funds could be raised,12 for example in the context of various
incentives offered to encourage the use of EVs, such as providing free parking spaces to EV users. Washing-
ton courts have held, however, that if public funds are being expended to carry out a fundamental purpose
of the government, then no gift of public funds has been made.13 The Legislature addressed a component
of this issue in 2007 with the passage of Engrossed Second Substitute Bill 1303, section 206 (codified at
RCW 43.01.250), which specifically authorizes the state to purchase electric power for the purpose of charg-
ing electric vehicles at state office locations for state vehicles or private vehicles of those conducting busi-
ness with the state.
The potential impact of the regulatory authority of the Washington State Utilities and Transportation Com-
mission, which has broad authority to regulate the rates, services, and practices of companies providing
electricity service in Washington was also assessed.14 This regulatory authority could be implicated by cer-
tain aspects of EVI and incentives. For example, private companies that charge customers for electricity
provided at EV charging stations could be subject to the UTC’s jurisdiction. UTC staff indicated verbally that
they have not yet addressed this issue, which could require rulemaking by UTC or legislation in order to clar-
ify that operators of EVI are not subject to UTC jurisdiction. Other states, such as Hawaii and California, have
addressed this issue by passing laws that exclude operators of EVI from the definition of “public utility.” 15
Electric utilities that are subject to UTC jurisdiction may be constrained in their ability to charge preferential
rates or subsidies for electricity used by EVs. In an analogous context, the UTC has previously ruled that elec-
tric utilities may not impose a surcharge on its users to subsidize construction costs for compressed natural
gas vehicle refueling stations.16 This issue may also require clarification through UTC rulemaking or legisla-
tion. It should be noted that the UTC recently adopted rules (WAC 480-100-505) requiring electric utilities to
submit periodic reports evaluating certain “smart grid” technologies, including EVs.17 These reports will assist
the UTC in evaluating EVI issues and provide additional information that may be helpful to local and state
government entities attempting to encourage EV use.
Model Development Regulations and Guidance 11
Section 1. Model Ordinance
Regarding Electric Vehicle Infrastructure and Batteries
Purpose of this Section. This section provides ordinance language that jurisdictions may utilize for their
adopting ordinances. The language from the model ordinance can be used unchanged or modified to
suit local government needs. The model ordinance includes “Whereas” findings for both “fully planning”
and “partially planning” jurisdictions.
Proposed Ordinance No.___________________________________________________
Revisions to Title [Insert List of Amended Titles] for the Purpose of Compliance with [Insert RCW
Sections Applicable to Jurisdiction] and the Development of Electric Vehicle Infrastructure.
Comment: See Appendix A for list of RCWs affected under HB 1481.
“Whereas” text for jurisdictions to use in their adopting ordinances is suggested in the language shown
below. Local governments may also choose to add language from the following original bill finding:
“The legislature finds the development of electric vehicle infrastructure to be a critical step in creating
jobs, fostering economic growth, reducing greenhouse gas emissions, reducing our reliance on foreign
fuels, and reducing the pollution of Puget Sound attributable to the operation of petroleum-based
vehicles on streets and highways. Limited driving distance between battery charges is a fundamental
disadvantage and obstacle to broad consumer adoption of vehicles powered by electricity. In order to
eliminate this fundamental disadvantage and dramatically increase consumer acceptance and usage of
electric vehicles, it is essential that an infrastructure of convenient electric vehicle charging opportunities
be developed. The purpose of this act is to encourage the transition to electric vehicle use and to expedite
the establishment of a convenient, cost-effective, electric vehicle infrastructure that such a transition
necessitates. The state’s success in encouraging this transition will serve as an economic stimulus to the
creation of short-term and long-term jobs as the entire automobile industry and its associated direct and
indirect jobs transform over time from combustion to electric vehicles.”
Whereas, During the 2009 session the Washington State Legislature passed House Bill 1481 (HB 1481),
an Act relating to electric vehicles. The Bill addressed electric vehicle infrastructure includ-
ing the structures, machinery, and equipment necessary and integral to support an electric
vehicle, including battery charging stations, rapid charging stations, and battery exchange
stations.
Whereas, The purpose of HB 1481 is to encourage the transition to electric vehicle use and to expe-
dite the establishment of a convenient and cost-effective electric vehicle infrastructure that
such a transition necessitates. The Legislature agreed that the development of a convenient
infrastructure to recharge electric vehicles is essential to increase consumer acceptance of
these vehicles. The State’s success in encouraging this transition will serve as an economic
stimulus to the creation of short-term and long-term jobs as the entire automobile industry
and its associated direct and indirect jobs transform over time from combustion to electric
vehicles.
Model Development Regulations and Guidance12
Whereas, Greenhouse gas emissions related to transportation constitute more than fifty percent of all
greenhouse gas emissions in the State of Washington.
Whereas, The use of electricity from the Northwest as a transportation fuel instead of petroleum fuels
results in significant reductions in the emissions of pollutants, including greenhouse gases,
and reduces the reliance of the state on imported sources of energy for transportation.
Whereas, With the potential emerging market for plug-in electric vehicles, new industry standards
have been adopted to ensure universal compatibility between vehicle manufacturers.
Broad-based installation of new universally compatible charging stations is intended to en-
sure that plug-in electric vehicles will be a viable alternative to gasoline-powered vehicles.
Whereas, This ordinance regarding electric vehicle infrastructure and batteries, revising [Local gov-
ernment to insert list of amended Titles], contains [Local government to insert # of sections, as
applicable to jurisdiction standard practice] sections of findings, as follows:
Section I — Procedural and Substantive Findings
Comment: Text below to be modified by local governments, as applicable. For example, not all
jurisdictions that are required to allow EVI are fully planning GMA jurisdictions so the “Whereas” findings
related to GMA are not applicable to those jurisdictions. Also, some jurisdictions, after evaluating their
Comprehensive Plans, may determine that no amendments to their comprehensive plans are required in
order to adopt development regulations to implement EVI. For those jurisdictions, a “Whereas” finding in
that regard would be provided.
Additionally, jurisdictions may choose to provide text regarding regional and state coordination
(e.g., countywide planning policies and development regulations that implement these policies). Last,
while the statute provides an exception for areas zoned for residential or resource use or critical areas,
allowing electric vehicle infrastructure in these zones may be appropriate and beneficial. As such, these
“Whereas” statements can be revised to identify the zones in which the infrastructure will be allowed.
Whereas, [insert section of RCW] requires that [insert jurisdiction name] must allow electric vehicle in-
frastructure as a use in all areas except those zoned for residential or resource use or critical
areas by [insert deadline for compliance with RCW]; and
Whereas, because most of the recharging for private electric vehicles will be done in residential
settings, which includes residences in residential as well as some resource areas or critical
areas, and therefore allowing electric vehicle infrastructure in these areas is in the public
interest; and
Whereas, because businesses in resource areas and in some critical areas may want to install electric
vehicle infrastructure and therefore allowing this infrastructure in these areas is in the pub-
lic interest; and
Whereas, pursuant to [Insert section of RCW], this ordinance proposes to amend development regula-
tions found in [insert Title(s) and Chapter(s) of local code containing development regulations]
to allow electric vehicle infrastructure as a use in [local government to insert where EVI is
allowed]; and
Model Development Regulations and Guidance 13
Whereas, an amendment to the [insert GMA jurisdiction name] Comprehensive Plan is required in order
to ensure consistency with the proposed development regulations, as required by RCW
36.70A.040; and
Whereas, RCW 36.70A.130(2)(b) authorizes the adoption of comprehensive plan amendments outside
the normal annual cycle for such amendments “whenever an emergency exists,” after ap-
propriate public participation; and
Whereas, [jurisdiction name] finds that the need to amend the [insert GMA jurisdiction name] Compre-
hensive Plan to ensure consistency with the proposed development regulations constitutes
an emergency under RCW 36.70A.130(2)(b);
Comment: It should be noted that an “emergency” under RCW 36.70A.130(2)(b) is not the same as
other types of emergencies that may be declared by cities and counties, such as “public” emergencies
under RCW 35A.12.130 or “nondebatable” emergencies under RCW 36.40.180. A finding of “emergency”
under RCW 36.70A.130(2)(b) allows local government to amend the comprehensive plan outside of the
normal annual cycle and to limit public participation to what is “appropriate” under the circumstances.
For example, see Clark Revocable Living Trust v. City of Covington, WWGMHB Case No. 02-3-005
(September 27, 2002) (holding that amendments within the exception of RCW 36.70A.130(2)(b) are
not subject to normal GMA process requirements). However, unlike a finding of “public” emergency
under RCW 35A.12.130 or a finding of “nondebatable” emergency under RCW 36.40.180, a finding of
“emergency” under RCW 36.70A.130(2)(b) does not make the ordinance effective upon adoption or
automatically allow action to be taken without a hearing or public notice.
Section II — Attachments
[Local government to add amended or new sections of code, as applicable]
Now, Therefore, be it Ordained as Follows:
Adopted this __________day of _________________________, 2010, at _____________________.
[Insert local government signature block]
Model Development Regulations and Guidance14
Model Development Regulations and Guidance 15
Section 2. Model Development
Regulations and Guidance
Regarding Electric Vehicle Infrastructure and Batteries
Purpose of this Section. Except for RCW 43.19.648 which addresses usage of electricity as a fuel source,
public agencies or private entities are not required to install EVI. Instead, these model regulations and
guidance are provided to assist jurisdictions to efficiently and effectively allow EVI. In some cases, they
include and go beyond “must allow” for EVI by including development regulations that provide for ad-
ditional allowance of EVI (see Chapter 3: Zoning: allow for EVI in areas including those zoned for residential
and some critical areas, such as aquifer recharge areas).
Some provisions also provide options for local governments. For example, if a jurisdiction wishes to
utilize an enforcement mechanism that prevents internal combustion engine cars from parking in electric
vehicle charging stations, regulations are provided. And, in some chapters, a section of guidance is pro-
vided. These are topics where either there may not be clearly defined standards (such as accessibility) or
there are clear standards (such as signage) and there is nothing a local jurisdiction needs to adopt in their
development regulations.
Chapters: Chapter 1. Definitions
Chapter 2. Vehicles and Traffic
Chapter 3. Zoning
Chapter 4. Streets, Sidewalks, and Public Places
Chapter 5. SEPA
Chapter 6. State Battery, Building, and Electrical Provisions
Model Development Regulations and Guidance16
Chapter 1. Definitions
Definitions. This Chapter ensures that terms are defined consistently with the RCW and with other regu-
latory documents. Additionally, local governments may choose to develop user-friendly written materials
that explain EVI (see Appendix B: “Model Installation Guides for Charging Stations”). All such documents
should utilize the definitions and terminology below for consistent understanding.
To improve consistency across jurisdictions, these definitions should also be considered for adoption at
the state level.
A. Regulations
1.1: “Battery charging station” means an electrical component assembly or cluster of component assem-
blies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards,
codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
Comment: As defined in HB 1481 (codified as RCW 35.63.126(5)(a), RCW 35.63.127(5)(a),
RCW 35A.63.107(5)(a), RCW 36.70.695(5)(a), RCW 36.70A.695(5)(a) and RCW 47.80.090(3)(a).
Battery charging stations include Level 1, Level 2, and Level 3 charging stations (see definition 1.4).
1.2: “Battery electric vehicle (BEV)” means any vehicle that operates exclusively on electrical energy from
an off-board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution
when stationary or operating.
Comment: Definition is a subcategory of electric vehicles (see “Electric Vehicle” below).
1.3: “Battery exchange station” means a fully automated facility that will enable an electric vehicle with
a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery
through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth
by chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540.
Comment: As defined in HB 1481 (codified as RCW 35.63.126(5)(b), RCW 35.63.127(5)(b), RCW
35A.63.107(5)(b), RCW 36.70.695(5)(b), RCW 36.70A.695(5)(b) and RCW 47.80.090(3)(b).
1.4: “Charging levels” means the standardized indicators of electrical force, or voltage, at which an electric
vehicle’s battery is recharged. The terms 1, 2, and 3 are the most common EV charging levels, and include
the following specifications:
• Level 1 is considered slow charging.
• Level 2 is considered medium charging.
• Level 3 is considered fast or rapid charging.
Comment: Definitions provided for consistent use and understanding of various charging levels and
are modified from definitions and usage in various resource documents.18 Level 1 is present in homes
and businesses and typically operates on a 15- or 20-amp breaker on a 120-volt Alternating Current (AC)
circuit and standard outlet. Level 2 is expected to become the standard for home and public charging
and typically operates on a 40-amp to 100-amp breaker on a 208 or 240-volt AC circuit.
Level 3 is primarily for commercial and public applications (e.g., taxi fleets and charging along freeways)
and typically operates on a 60-amp or higher dedicated breaker on a 480-volt or higher three-phase
circuit with special grounding equipment. Note that the term “Level 3” is recommended to identify the
increased power need in a numerical fashion (i.e., “3”), but the Level 3 charging level is also sometimes
Model Development Regulations and Guidance 17
referred to as “Fast” charging,19 and “Rapid” charging (see definition of Rapid Charging Station below).
Use of “Level 3” also appears in other EVI documents (e.g., see page 25 of the “Report of the Alternative
Fuel Vehicle Infrastructure Working Group”).20
It is important to note that only the terms “Level 1” and “Level 2” are consistently used between industry
and consumers. The use of “Level 3” is not consistently used at this time. Once a consistent term is
defined, local governments should adopt amendments to adopted definitions. Opportunities for
amendments to development regulations include a jurisdiction’s annual evaluation and amendment
process or as part of the required GMA periodic update process (RCW 36.70A.130).
1.5: “Electric scooters and motorcycles” means any 2-wheel vehicle that operates exclusively on electri-
cal energy from an off-board source that is stored in the vehicle’s batteries and produces zero emissions or
pollution when stationary or operating.
Comment: These vehicles are defined as being distinct from “electric vehicle” to enable local
governments to treat parking and charging locations for them separately.
1.6: “Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy
from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes:
(1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and
(4) a medium-speed electric vehicle.
Comment: This definition provides for inclusion of a variety of electric vehicles and is modeled after
a definition used in the State of Minnesota21 and is designed for regulatory purposes, so that factors
such as signage are not required to call out detailed differences among BEVs, PHEVs, NEVs, and MSEVs.
Note that extended range electric vehicles (EREV) are not separately defined but are included in the
definitional components for PHEV (i.e., runs on electricity from its battery, and then it runs on electricity
it creates from gas). Other terms, such as Grid Enabled Vehicle (GEV), are also sometimes used when
referring to PHEVs and EVs together.
1.7: “Electric vehicle charging station” means a public or private parking space that is served by battery
charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or
inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charg-
ing station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use
to any principal use.
Comment: This definition is modeled after a definition for “electric vehicle parking space” used in the
City of Davis.22 The Davis definition has been modified to combine the parking and battery charging
characteristics into one definition as these features are functionally related. As the electric vehicle
charging station facility is not a parking facility, its interaction with accessibility provisions is different
from that of a parking space (see Section 3.3).
Regarding allowed uses, Level 1 and Level 2 charging are expected to be a secondary use, not the
principal use. However, Level 3 (i.e., Rapid or Fast) may be a primary use given their size and scale, as
well as their potential to generate traffic and vehicle queuing, and therefore the need to mitigate the
associated impacts. As such, Level 3 is to be permitted differently (see section 3.1).
The inclusion of permitted uses in the definition is meant to allow a jurisdiction to add EV charging
stations categorically to existing allowed uses tables (see Section 3.1, Option 2). If a jurisdiction adds a
new Allowed Uses table for the different types of Electric Vehicle Infrastructure (see Section 3.1, Option 1),
inclusion of permitted uses in the definition may not be necessary.
Model Development Regulations and Guidance18
1.8: “Electric vehicle charging station — restricted” means an electric vehicle charging station that is
(1) privately owned and restricted access (e.g., single-family home, executive parking, designated employee
parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the general public).
Comment: This definition is provided to clarify that the off-street parking requirements Chapter 3:
Zoning, do not apply to “restricted” EV charging stations. (See subsection 3.2.01A).
1.9: “Electric vehicle charging station — public” means an electric vehicle charging station that is
(1) publicly owned and publicly available (e.g., Park & Ride parking, public library parking lot, on-street park-
ing) or (2) privately owned and publicly available (e.g., shopping center parking, non-reserved parking in
multi-family parking lots).
Comment: This definition is provided to clarify the variety of charging stations that are anticipated to be
publicly available.
1.10: “Electric vehicle infrastructure” means structures, machinery, and equipment necessary and inte-
gral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery
exchange stations.
Comment: As defined in HB 1481 (codified as RCW 35.63.126(5)(c), RCW 35.63.127(5)(c),
RCW 35A.63.107(5)(c), RCW 36.70.695(5)(c), RCW 36.70A.695(5)(c) and RCW 47.80.090(3)(c). Per these
definitions, this term is broader than Electric Vehicle Service Equipment (ESVE) which refers to the
charging equipment, cable and connector.
1.11: “Electric vehicle parking space” means any marked parking space that identifies the use to be
exclusively for the parking of an electric vehicle.
Comment: While this term is not used other than in this chapter, it provides the potential for a space
to be designated, perhaps as an incentive by a private company, for electric vehicles even if charging
equipment is not provided.
1.12: “Medium-speed Electric Vehicle” means a self-propelled, electrically powered four-wheeled motor
vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more
than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the federal
regulations set forth in 49 C.F.R. Sec. 571.500.
Comment: Definition of a subcategory of electric vehicles (see “Electric Vehicle” above). Definition from
RCW 46.04.295, as amended in 2010 by SSB 6346.
1.13: “Neighborhood Electric Vehicle” means a self-propelled, electrically powered four-wheeled motor
vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per
hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500.
Comment: Definition of a subcategory of electric vehicles (see “Electric Vehicle” above). Definition from
RCW 46.04.357.
1.14: “Non-Electric Vehicle” means any motor vehicle that does not meet the definition of “electric vehicle.”
1.15: “Plug-in hybrid electric vehicle (PHEV)” means an electric vehicle that (1) contains an internal com-
bustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its
battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able
to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to
travel powered by electricity.
Comment: Definition of a subcategory of electric vehicles (see “Electric Vehicle” above).
Model Development Regulations and Guidance 19
1.16: “Rapid charging station” means an industrial grade electrical outlet that allows for faster recharging
of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes,
and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
Comment: As defined in HB 1481 (codified as RCW 35.63.126(5)(d), RCW 35.63.127(5)(d), RCW
35A.63.107(5)(d), RCW 36.70.695(5)(d), RCW 36.70A.695(5)(d) and RCW 47.80.090(3)(d).
Model Development Regulations and Guidance20
Chapter 2. Vehicles and Traffic
Vehicles and Traffic. This Chapter provides model regulations for when a local jurisdiction chooses to
authorize enforcement for non-electric vehicles that park in electric vehicle charging station spaces or
for electric vehicles parked out of compliance with posted days and hours of charging operation. These
model regulations are only for electric vehicle charging station spaces located in publicly owned and/
or operated parking areas (e.g., on-street parking, municipal garages, park-and-ride lots, etc.). Signage for
enforcement is included in Chapter 4: Street, Sidewalks and Public Places.
A. Regulations
Section 2.1: Electric Vehicle Charging Stations — Generally
2.1.01: Electric vehicle charging stations are reserved for parking and charging electric vehicles only.
2.1.02: Electric vehicles may be parked in any space designated for public parking, subject to the restric-
tions that would apply to any other vehicle that would park in that space.
Comment: The purpose of adopting enforcement provisions for electric vehicle charging station spaces
is to maximize the use of limited EV public infrastructure.
Section 2.2: Prohibitions
2.2.01: Pursuant to Section 2.4, when a sign authorized under Section 2.3 provides notice that a space is
a designated electric vehicle charging station, no person shall park or stand any non-electric vehicle in a
designated electric vehicle charging station space. Any non-electric vehicle is subject to fine or removal.
Comment: The purpose of adopting enforcement provisions for non-electric vehicles parking in electric
vehicle charging station spaces is to ensure that the space is available for EV drivers. As found in a recent
EV driver survey, 22% of the problems encountered at public charging stations were attributed to EV
spaces being occupied by non-EVs.23
2.2.02: Pursuant to Section 2.4, any electric vehicle in any designated electric vehicle charging station space
and not electrically charging or parked beyond the days and hours designated on regulatory signs posted
at or near the space, shall be subject to a fine and/or removal. For purposes of this subsection, “charging”
means an electric vehicle is parked at an electric vehicle charging station and is connected to the charging
station equipment.
Comment: In regard to assessing whether an electric vehicle is not charging, being plugged in and
connected to the charging station equipment serves as the charging indicator.
Section 2.3: Noticing of Electric Vehicle Charging Stations
2.3.01: Upon adoption by the [insert jurisdiction], the [insert jurisdiction] engineer shall cause appropriate signs
and marking to be placed in and around electric vehicle charging station spaces, indicating prominently
thereon the parking regulations. The signs shall define time limits and hours of operation, as applicable, shall
state that the parking space is reserved for charging electric vehicles and that an electric vehicle may only
park in the space for charging purposes. Violators are subject to a fine and/or removal of their vehicle.
Comment: Wherever possible, MUTCD signage standards should be used.24 Also, see signage guidance
in Chapter 4: Streets, Sidewalks and Public Places. Note that these signage recommendations are
included as guidance as they contain a combination of MUTCD and non-recognized MUTCD signs.
Also, adopting time limits will be a local choice. Jurisdictions may define time limits for reasons other
than just charging (e.g., for turnover of parking adjacent to businesses, such as retail).
Model Development Regulations and Guidance 21
Section 2.4: Violations-Penalties
2.4.01: Violations of this chapter shall be punishable as infractions. Punishment shall be by a fine not to
exceed the fine prescribed in accordance with section _________ of the [insert jurisdiction] code. Each day
such violation is committed shall constitute a separate offense and shall be punishable as such.
2.4.02: In addition to a fine, a person who has parked or left a vehicle standing upon a street, alley, or
[insert jurisdiction] parking lot or garage in violation of this article is subject to having the vehicle removed
from the street, alley, or [insert jurisdiction] parking lot or garage by any member of the police department
authorized by the police chief or designated law official in the manner and subject to the requirements of
the __________ . [insert]
Comment: All of the above sections are modeled after regulations adopted by the City of Davis.
(See footnote 22.)
Model Development Regulations and Guidance22
Chapter 3. Zoning
Zoning. This Chapter ensures that local governments meet the requirements in HB 1481 to allow electric
vehicle infrastructure as a “use” in all areas, except those zoned for residential or resource use or criti-
cal areas. It also includes regulations for when they choose to also to allow Level 1, Level 2, and Level 3
charging stations (with some limitations) in residential and resource zones and critical areas, given that the
statute contains no prohibition on allowing this infrastructure in any zones.
This chapter also contains guidance related to accessible use of EV charging stations for all users, and clari-
fies how these stations are different than typical parking spaces in terms of accessibility regulations. Addi-
tionally, this Chapter includes model development regulations and guidance that a jurisdiction may impose
to provide guidance when a private property owner chooses to provide electric vehicle charging stations.
A. Regulations
Section 3.1: Allowed Uses
OptiOn 1:
Comment: As many local governments list their use regulations in a table format, this format is provided
below. While the reference to the specific applicable types of zones will vary in comparison to the broad
zone category listed below, the zones in which the use must be allowed and the related development
standard should be common across jurisdictions. The table below includes highlighting for purpose of
quickly identifying where EVI must be allowed (i.e., as a use in all areas except those zoned for residential
or resource use or critical areas, consistent with the statute.
Jurisdictions should also consider adopting the other provisions in the table below to support efficient
and effective transition to electric vehicles. An example, as noted in a number of Resource documents
at the end of this Guidance, the majority of charging will occur in homes. This is why electric vehicle
infrastructure in residential and mixed-use areas is included in the allowed uses table.
EVI TYPE ZONING DISTRICT
LOW-DENSITY HIGH-DENSITY
RESIDENTIAL RESIDENTIAL MIXED-USE COMMERCIAL INDUSTRIAL INSTITUTIONAL RESOURCE
EV Charging Station 1, 2 P3 P3 P P P P P3
Rapid Charging Station 4 P5 P5, 6 P or P6 P P P P3
Battery Exchange Station P P P
P: Use is permitted. Absence of “P”: Use is not allowed in the given zoning district.
DEVELOPMENT STANDARDS
1. Level 1 and Level 2 charging only.
2. Level 1 and Level 2 charging are permitted in aquifer recharge areas and in other critical areas when serving an
existing use.
3. Allowed only as accessory to a principal outright permitted use or permitted conditional use.
4. The term “Rapid” is used interchangeably with Level 3 and Fast Charging.
5. Only “electric vehicle charging stations - restricted” as defined in Chapter 1, subsection A.1.8.
6. Local governments may choose to allow Level 3 charging stations as an outright permitted use or may determine
that it is appropriate to adopt development standards applicable to the mixed-use or high density residential
zoning districts. For example, there may be instances where this type of charging station would require screening
or placement within a parking garage to meet other objectives of the mixed-use zone (e.g., a pedestrian friendly
environment) or high-density residential zone.
Model Development Regulations and Guidance 23
OptiOn 2:
Comment: Add battery exchange stations and rapid charging stations (also known as Level 3 charging
and Fast charging) as an allowed use in all zones, except those zoned for residential or resource use or
critical areas. Note that installation of these uses must be consistent with the rules for EVI requirements
adopted by the State Building Code Council, and the rules adopted by the Department of Labor and
Industries for the installation of EVI, including all wires and equipment that convey electric current
and any equipment to be operated by electric current, in, on, or about buildings or structures (RCW
19.27.540 and RCW 19.28.281) — see Chapter 6: State Battery, Building and Electrical Provisions. Local
governments may choose to modify the suggested Allowed Use model regulations below and adopt
development regulations which reference this consistency requirement.
Note that Level 1 and Level 2 battery charging stations, defined as “electric vehicle charging station” in
Chapter 1: Definitions, are not listed as an allowed use in this Allowed Uses option. This is because these
types of charging stations are similar to other building and street infrastructure (e.g., parking meters)
and do not function as a separate land use. However, since the statute states, in part, that jurisdictions
“must allow electric vehicle infrastructure as a use,” and the definition of EVI includes battery charging
stations, the definition of “electric vehicle charging station” in Chapter 1 provides that these types of
battery charging stations are allowed as accessory to the specific principal use that they serve.
3.1.01: Rapid Charging Stations
Rapid charging stations in Vacaville, California. Photos: Darell Dickey.
3.1.02: Battery Exchange Stations
To view a video of a battery exchange station,
follow this link to Better Place:
http://www.betterplace.com/global-progress-japan
Battery Exchange Station in Tokyo. Photo: Better Place.
Model Development Regulations and Guidance24
Section 3.2: Off Street Parking — Electric Vehicle Charging Stations
To ensure an effective installation of electric vehicle charging stations, the regulations in this subsection
provide a framework for when a private property owner chooses to provide electric vehicle charging stations
(also, see Appendix C: Model Electric Vehicle Charging Station Installation Checklist).
3.2.01: Electric Vehicle Charging Station Spaces
A. Purpose. For all parking lots or garages, except those that include restricted electric vehicle charging stations.
B. Number. No minimum number of charging station spaces is required.
C. Minimum Parking Requirements. An electric vehicle charging station space may be included in the
calculation for minimum required parking spaces that are required pursuant to other provisions of code.
D. Location and Design Criteria. The provision of electric vehicle parking will vary based on the design and
use of the primary parking lot. The following required and additional locational and design criteria are
provided in recognition of the various parking lot layout options.
1. Where provided, parking for electric vehicle charging purposes is required to include the following:
a. Signage. Each charging station space shall be posted with signage indicating the space is only for
electric vehicle charging purposes. Days and hours of operations shall be included if time limits or
tow away provisions are to be enforced.
b. Maintenance. Charging station equipment shall be maintained in all respects, including the
functioning of the charging equipment. A phone number or other contact information shall be
provided on the charging station equipment for reporting when the equipment is not function-
ing or other problems are encountered.
c. Accessibility. Where charging station equipment is provided within an adjacent pedestrian circula-
tion area, such as a sidewalk or accessible route to the building entrance, the charging equipment
shall be located so as not to interfere with accessibility requirements of WAC 51-50-005.
d. Lighting. Where charging station equipment is installed, adequate site lighting shall exist, unless
charging is for daytime purposes only.
2. Parking for electric vehicles should also consider the following:
a. Notification. Information on the charging station, identifying voltage and amperage levels and
any time of use, fees, or safety information.
b. Signage. Installation of directional signs at the parking lot entrance and at appropriate decision
points to effectively guide motorists to the charging station space(s).
E. Data Collection. To allow for maintenance and notification, the local permitting agency will require the
owners of any private new electric vehicle infrastructure station that will be publicly available (see defi-
nition “electric vehicle charging station — public”) to provide information on the station’s geographic
location, date of installation, equipment type and model, and owner contact information.
B. Guidance
Section 3.3: Accessible Electric Vehicle Charging Stations
Comment: Accessibility standards specific to electric vehicle infrastructure are not currently established
in the WAC. As such, this guidance is provided to assist local jurisdictions in establishing compliance with
the Americans with Disabilities Act and its enactment through the WAC, as appropriate to the unique
characteristics of this infrastructure given their function as charging facilities. Generally, as Electric
Vehicle Charging Stations are provided where ADA accessible parking is already provided, a key issue
is for the equipment itself to have accessible heights, controls, and operating mechanisms that allow
Model Development Regulations and Guidance 25
NUMBER OF MINIMUM ACCESSIBLE
EV CHARGING STATIONS EV CHARGING STATIONS
1-50 1
51-100 2
101-150 3
151-200 4
201-250 5
251-300 6
the disabled to use it. For local jurisdictions, the responsibility is for permitting agencies to ensure the
equipment meets the requirements and, in on-street and off-street environments, to ensure that there be
an accessible route from the electric vehicle charging stations to the building or path of travel.
The accessibility guidance below is comparable to accessibility provisions that require that some percent-
age of hotel rooms be accessible (i.e., an accessible hotel room can be used by anyone, but is located and
designed for persons with disabilities). Similarly, some percentage of EV charging stations should be acces-
sible to all users because they offer a service to the general public. The percentage is shown below, as are
provisions describing different options for siting accessible EV charging stations. Until such time as the state
amends WAC 51-50-005 with regard to barrier-free access for EVI (see RCW 19.27.540), this guidance will assist
local governments in ensuring that reasonable accommodation is provided for EV drivers with disabilities.
3.3.01: Quantity and Location
Where electric vehicle charging stations are provided in parking lots or parking garages, accessible electric
vehicle charging stations shall be provided as follows:
A. Accessible electric vehicle charging stations shall be provided in the ratios shown on the following table.
Comment: Recognizing that an ADA accessible stall will already
be available in the parking lot or garage, the table at right reflects
the approach of some of the federally-funded electric vehicle
infrastructure projects, the currently limited market penetration
rates of electric vehicles, current information regarding
automakers plans for vehicle types and sizes that will be publicly
available in the next few years, and information from the survey
of current EV drivers regarding accessibility. As the market
share grows for electric vehicles and as new vehicles are made
available, the ratio of stations shown in the table above should be re-evaluated. As previously noted, this
guidance exists until and unless the state amends WAC 51-50-005 to specifically address EVI.
B. Accessible electric vehicle charging stations should be located in close proximity to the building or
facility entrance and shall be connected to a barrier-free accessible route of travel. It is not necessary
to designate the accessible electric vehicle charging station exclusively for the use of disabled persons.
Below are two options for providing for accessible electric vehicle charging stations.
Figure: Off-Street Accessible Electric Vehicle Charging Station — Option 1
Puget Sound area parking garage. Photo: Ecotality North America.
Model Development Regulations and Guidance26
Figure: Off-Street Accessible Electric Vehicle Charging Station — Option 2
Fashion Island Shopping Mall, Newport Beach, CA. Photo: Lightmoves.
Comment: The illustrations and photos above show two options for providing accessible EV charging
stations. Option 1 is a likely scenario for installation in existing parking lots. By using an existing wider
end parking stall or restriping, an accessible EV charging station may be more cost effectively installed.
Where feasible, a wider clear area around the equipment (60”) is preferable. Additionally, this location
away from the near building prime parking has a better likelihood of being available for disabled
persons, since the accessible charging station is not exclusively reserved for disabled persons. Option 2
provides a location that has a shorter travel distance for disabled persons and can be easily installed in a
new parking lot. This option may allow the installer to provide a wider, more fully-compliant aisle.
While other options, depending on the specific layout of the new or reconfigured parking area, are
likely, at a minimum, an accessible EV charging station must be located within accessible reach of the
barrier-free access aisle (minimum 44-inch width) and the electric vehicle and connect to a barrier-free
route of travel. However, because the charging station facility is not a parking facility, the accessible
charging station does not need to be located immediately adjacent to the building entrances or reserved
exclusively for the use of disabled persons.
3.3.02: Definitions
A. Designated Accessible Space. A WAC 51-50-005 required accessible parking space designated for the
exclusive use of parking vehicles with a State Disabled Parking Permit.
B. Accessible Electric Vehicle Charging Station. An electric vehicle charging station where the battery
charging station equipment is located within accessible reach of a barrier-free access aisle (minimum
44-inch width) and the electric vehicle.
Model Development Regulations and Guidance 27
Section 3.4: Signage
3.4.01: Directional — Off-street Parking Lot or Parking Garage
Comment: The directional sign for an on-site parking lot or
parking garage should be used in the parking facility with a
directional arrow at all decision points.
Section 3.4.02: Off-street EV Parking — Parking Space with
Charging Station Equipment
Comment: Combination sign identifying space as an electric
vehicle charging station, prohibiting non-electric vehicles, with
charging time limits. The use of time limits is optional. The blue/
white and red/black signs define that only an electric vehicle that
is charging can use the spaces. The green sign defines time limits
for how long an electric vehicle can be in the space during the
specified hours. Outside of the specified hours, electric vehicles
can charge for an indefinite period of time.
12” X 12”
12” X 6”
12” X 12”
12” X 18”
12” X 18”
Model Development Regulations and Guidance28
Chapter 4. Streets, Sidewalks, and Public Places
Streets, Sidewalks, and Public Places. This Chapter provides model regulations for when a jurisdiction
chooses to install electric vehicle charging station stations in publicly owned and/or operated parking
areas (e.g., on-street parking, municipal garages, park-and-ride lots, etc.).
Signage for way-finding (i.e., directional signage), and regulatory and general service signage for the EV
charging space is also provided. Note that use of the directional signage that identifies the level of charg-
ing available at the charging station is not an approved sign and is subject to future FHWA approval.
A. Regulations
Section 4.1: On-street Electric Vehicle Charging Stations — Generally
A. Purpose. Curbside electric vehicle charging stations adjacent to on-street parking spaces are reserved
for charging electric vehicles.
B. Size. A standard size parking space may be used as an electric vehicle charging station.
C. Location and Design Criteria.
1. Where provided, parking for electric vehicle charging purposes is required to include the following:
a. Signage. Each charging station space shall be posted with signage indicating the space is only for
electric vehicle charging purposes. Days and hours of operations shall be included if time limits or
tow away provisions are to be enforced.
b. Maintenance. Charging station equipment shall be maintained in all respects, including the
functioning of the charging equipment. A phone number or other contact information shall be
provided on the charging station equipment for reporting when the equipment is not function-
ing or other problems are encountered.
c. Accessibility. Charging station equipment located within a sidewalk shall not interfere with acces-
sibility requirements of WAC 51-50-005.
d. Clearance. Charging station equipment mounted on pedestals, light posts, bollards or other
devices shall be a minimum of 24 inches clear from the face of curb.
e. Lighting. Where charging station equipment is installed, adequate site lighting shall exist, unless
charging is for daytime purposes only.
f. Charging Station Equipment. Charging station outlets and connector devices shall be no less than
36 inches or no higher than 48 inches from the top of surface where mounted, and shall contain a
retraction device and/or a place to hang permanent cords and connectors sufficiently above the
ground or paved surface.
g. Charging Station Equipment Protection. When the electric vehicle charging station space is per-
pendicular or at an angle to curb face and charging equipment, adequate equipment protection,
such as wheel stops or concrete-filled steel bollards shall be used. Appropriate signage indicating
if backing in is allowed or not shall be posted.
Model Development Regulations and Guidance 29
2. Parking for electric vehicles should also consider the following:
a. Notification. Information on the charging station identifying voltage and amperage levels and any
time of use, fees, or safety information.
b. Signage. Installation of directional signs at appropriate decision points to effectively guide motor-
ists to the charging station space(s).
c. Location. Placement of a single electric vehicle charging station is preferred at the beginning or
end stall on a block face.
D. Data Collection. To allow for maintenance and notification, the local permitting agency will require the
owners of any private new electric vehicle infrastructure station that will be publicly available (see defi-
nition “electric vehicle charging station — public”) to provide information on the station’s geographic
location, date of installation, equipment type and model, and owner contact information.
Figure: Electric Vehicle Charging Station — On Street
Comment: On-street EV charging stations should first be installed at either end of a row of regular
on-street parking spaces. Subsequent EV charging stations should be installed adjacent to existing EV
charging stations. Several factors that suggest an end-stall as the preferred location include, but are not
limited to: proximity to electrical service, adjacency to existing no-parking zone, better accessibility for
all users, higher lighting levels and less clearance and obstruction issues with existing parking spaces.
The charging station equipment should be installed in a well-lit area, on a hard surface, near the front of
the designated space, and have adequate clearance from the face of curb (24”) and leave a barrier-free
sidewalk clearance (36” or other applicable distance). Signage shall be at or near the charging station.
All regulatory signs shall comply with visibility, legibility, size, shape, color and reflectivity requirements
contained within the Federal Manual on Uniform Traffic Control Devices.
On-street charging near end of block.
Model Development Regulations and Guidance30
B. Guidance
Section 4.2: Signage.
4.2.01: Directional — Highways and Freeways
Comment: The directional sign (MUTCD D9-11b) for highways
and freeways should be installed at a suitable distance in
advance of the turn-off point or intersecting highway. If used at
an intersection or turn-off point, it shall be accompanied by a
directional arrow. As the symbol on the sign at right appears to
be a gasoline pump, this sign may also be supplemented with the
sign below (MUTCD D9-11bP) to avoid confusion with liquid fuel
stations for early EV drivers.
30” X 30”
30” X 12”
30” X 24”
Figure: New Experimental Electric Vehicle Signs Under Consideration
Comment: To address some of the limitations of the existing approved sign, and to provide for clearer
direction to EV drivers, WSDOT and the City of Seattle are considering Federal Highway Administration
experimentation 25 of a new International iconic white/blue sign. Oregon is already undergoing a sign
experimentation process as well and, as these experiments move forward, efforts will be made to
coordinate such that consistent signage is provided (see signs above).
The long-term objective of the revised iconic sign is to have a consistent symbol from the federal
highway, to state highways, to local streets, and finally at the charging station. Use of one federal symbol
is the simplest way to accomplish this end. A current federal study of a symbol for EV charging stations
should have preliminary results in September. Recognizing that the experimentation process may
result in revisions to the signs shown below, the currently approved federal iconic signage shown on the
previous page should be utilized by local government and installers during the experimentation period.
One potential revision that may be proposed from Washington State is that the sign include information
on the charging level (i.e., Level 1, Level 2, and Level 3) provided at the station.
Model Development Regulations and Guidance 31
4.2.02: Directional — Local Street
Comment: The directional sign for local streets should be installed
at a suitable distance in advance of the intersection or charging
station facility. If used at an intersection or parking lot entrance,
it shall be accompanied by a directional arrow. As the symbol on
the sign at right appears to be a gasoline pump, this sign may also
be supplemented with the sign below (MUTCD D9-11bP) to avoid
confusion with liquid fuel stations for early EV drivers.
24” X 24”
24” X 9”
24” X 18”
12” X 12”
12” X 18”
12” X 18”
4.2.03: On-Street Parking Space with Charging Station
Equipment
Comment: Combination sign identifying space as an electric
vehicle charging station, prohibiting non-electric vehicles, with
charging time limits. The use of time limits is optional and is
included to allow the charging equipment to be available for
more than one use during the day. For example, a jurisdiction
may want to utilize time limits in areas where the on-street
charging station spaces would turn over consistent with
whatever time limits might otherwise be posted on a block
(e.g., 2-hour time limits). The design of the time limit charging
sign is modeled after the existing R7-108 sign in the federal
MUTCD. If time limits are used, suggested enforcement
regulations are provided in Chapter 2: Vehicles and Traffic. If the
jurisdictions wishes to allow dual use of the space (i.e., the spaces
is for electric vehicles only during a certain period of time, but
then allow all vehicles to park after specified hours), the time
limits would need to be added to the red/black/white sign rather
than the green sign.
Model Development Regulations and Guidance32
Chapter 5. SEPA
SEPA. This Chapter ensures that local government SEPA regulations include the SEPA categorical ex-
emption language contained in RCW 43.21C.410. This model document includes two alternative ways
to accomplish this. One is for the jurisdiction to simply add the reference to RCW 43.21C.410 in the same
way that many jurisdictions adopt by reference other RCW and WAC categorical exemptions. The second
alternative is to interpret RCW 43.21C.410 and add the following as a new categorical exemption category.
A. Model Regulations
OptiOn 1:
Comment: Add the reference to RCW 43.21C.410 in the “Categorical Exemptions and Threshold
Determinations” section of local government SEPA rules in the same way that many jurisdictions adopt
by reference other RCW and WAC categorical exemptions. See existing SEPA regulations below with
RCW 43.21C.410 added.
Section 5.1: Categorical Exemptions and Threshold Determinations — Purpose of This Part and
Adoption by Reference
This part contains the rules for deciding whether a proposal has a “probable significant, adverse environ-
mental impact” requiring an environmental impact statement (EIS) to be prepared. This part also contains
rules for evaluating the impacts of proposals not requiring an EIS. The [insert jurisdiction] adopts the follow-
ing sections by reference, as supplemented in this part:
RCW 43.21C.410 Battery charging and exchange station installation.
WAC 197-11-300 Purpose of this part.
WAC 197-11-305 Categorical exemptions.
OptiOn 2:
Comment: The second alternative is to interpret RCW 43.21C.410 and add the following as a new
categorical exemption category. Definitions for “Battery charging station” and “Battery exchange station”
are included, but if these are adopted elsewhere in the local government code, these could be deleted.
Section 5.1: Categorical Exemptions for Battery Charging and Exchange Station Installation
5.1.01: The construction of an individual battery charging station or an individual battery exchange station,
that is otherwise categorically exempt shall continue to be categorically exempt even if part of a larger
proposal that includes other battery charging stations, other battery exchange stations, or other related
utility networks.
5.1.02: The definitions in this subsection apply throughout this section unless the context clearly requires
otherwise.
A. “Battery charging station” means an electrical component assembly or cluster of component assemblies
designed specifically to charge batteries within electric vehicles, which meets or exceeds any standards,
codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under
RCW 19.27.540.
B. “Battery exchange station” means a fully automated facility that will enable an electric vehicle with a
swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery
through a fully automated process, which meets or exceeds any standards, codes, and regulations set
forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
Model Development Regulations and Guidance 33
Chapter 6. State Battery, Building, and Electrical Provisions
State Battery, Building and Electrical Provisions. This Chapter provides guidance for appropriate
handling, recycling, and storage of electric vehicle batteries and equipment. This Chapter also provides
guidance regarding the applicability of existing rules and regulations for the installation of EVI, including
battery exchange stations.
A. Guidance
Section 6.1: Battery Recycling and Handling Provisions
Lithium-ion Battery. Batteries in electric vehicles differ from batteries currently used with internal combus-
tion engine (ICE) vehicles. ICE vehicles utilize a battery (normally 12V) to provide cranking power to start
the engine as well as to deliver low voltage to accessories such as the lights and ignition. The ICE battery is
recharged with the aid of an alternator when the engine is running. The much more powerful battery in an
electric vehicle (EV) or plug-in hybrid electric vehicle (PHEV) serves as the source of power and propulsion
for the vehicle. Lithium-ion batteries are currently the accepted next-generation of energy storage for EVs
and PHEVs. They are lighter, more compact and more energy dense than nickel-metal hydride and other
batteries currently available. Batteries used in EVs and PHEVs discharge energy during vehicle use and are
primarily recharged by connecting to the grid or other off-board electrical source, and in some cases are
able to sustain a charge using an on-board internal-combustion-driven generator. Because an electric motor
powered by a battery pack is about three times as energy efficient as an internal combustion engine, an
EV can travel much farther than a conventional gas-powered car on the energy equivalent of one gallon of
gasoline. Lithium-ion batteries also provide the benefit of multiple reuse options and high recyclability.
Battery Chemical Composition. The lithium-ion cells in new electric vehicles meet the requirements set
forth by the Directive on the Restriction of the Use of Certain Hazardous Substances in Electrical and Elec-
tronic Equipment 2002/95/EC (commonly referred to as the Restriction of Hazardous Substances Directive or
RoHS). In contrast to lead acid batteries used in ICE vehicles, lithium-ion batteries do not contain lead, mer-
cury, cadmium, or any heavy metals or federally defined toxic materials. However, as potentially dangerous
waste, businesses seeking to dispose of batteries must go through the EPA designation process before they
may be safe for landfill disposal. Also, as described below, Washington Department of Ecology regulations
may be more stringent than EPA regulations.
Battery Recycling. In terms of recycling, the parts, chemicals and components of lithium-ion batteries
are highly recyclable. Given the toxicity of lead acid batteries, state law (RCW 70.95) and state regulations
(WAC 173-331) tightly regulate the recycling and disposal of lead acid batteries. As described more fully in
the Department of Ecology section below, these laws and regulations do not apply to lithium-ion batter-
ies. Once a lithium-ion battery reaches its ultimate end of life, it can be processed at a commercial facility
by being shredded and separated into its recyclable components. Metals and other compounds can be
sold and the lithium may either be recycled back to battery manufacturers or disposed of as a nonhazard-
ous material. Efforts are underway by industry groups and the federal government to develop increased
capabilities for recycling lithium from EV batteries. The U.S. Department of Energy recently issued a grant to
Toxco, a California company, to build the first recycling facility for lithium-ion batteries in the U.S.. Toxco has
been recycling single-charge and rechargeable lithium batteries used in other devices at a facility in Trail,
British Columbia.
Battery Re-use. When an electric vehicle battery reaches the end of life in its primary application, it may be
possible to use it for a time in other purposes. These include standby power and utility load leveling where
battery performance is not as demanding as a vehicle application. As such, opportunities for the reuse of
Model Development Regulations and Guidance34
lithium-ion batteries after the end of their normal vehicle life are expected to be widely established in the
near future. Automobile manufacturers will determine when a battery is no longer able to carry a sufficient
charge to be used in the vehicle. It is anticipated that, at that point, lithium-ion batteries will still retain
70-80% of their residual capacity and could be reused for energy storage. In October 2009, Nissan Motors
and Sumitomo Corporation announced joint plans for a new company, expected to be operational by late
2010 in Japan and the United States, to create a market for second-life EV batteries in such applications as
back-up energy storage for solar photovoltaic systems, back-up power supplies, uninterruptable power sup -
plies and load leveling for the electric grid. It has been reported that General Motors is studying similar reuse
business models for EV batteries.
Battery Handling and Storage. As an identified nonhazardous material (as noted previously), handling
and storage of EV batteries will likely fall under typical fire and safety codes established by the State Building
Code Council (see below). One unique EV battery concept is battery exchange stations, which are intended
to be strategically located automated facilities that can enable an EV with a swappable battery to quickly
exchange a depleted battery with a fully charged battery. These have been identified as providing possible
EV consumer opportunities in addition to battery charging stations. If battery exchange stations are imple-
mented, those stations would presumably remove from the exchange pool any batteries that are beyond
their useful life and would find opportunities for reuse and recycling of these batteries as noted above.
Rules and regulations for the handling and storage of batteries, in settings such as car dealerships that may
have multiple charged batteries on site, automotive parts stores, and in the context of a battery exchange
station, are described below.
Section 6.2: State Department of Ecology
Existing Rules and Regulations. RCW 70.95 and WAC 173-331 address vehicle batteries. The WAC was last
updated in 1991 and, as defined in WAC 173-331-100 (14), this code does not apply to electric/hybrid bat-
teries as the core does not consist of a lead element. WAC 173-331-100 (14) states: “Vehicle battery means
any battery used or capable of use, without modification, in any vehicle, truck, mobile home, recreational
vehicle, boat, airplane, or utility vehicle, having a core of elemental lead, with the capability to produce six or
more volts. For purposes of application of the core charge only, a vehicle battery shall be a replacement bat-
tery and the core charge shall not apply to original battery installations.”(Emphasis added). RCW 70.95.610(4)
also defines batteries as including a core of elemental lead.
All batteries can be managed as a universal waste under WAC 173-303, Dangerous Waste Regulations, and
under Federal Regulations. Electric/hybrid batteries may or may not be a dangerous waste (DW). Such a de-
termination would be made through the designation process described below. At this time, the only appar-
ent outlets that are likely to accept batteries are the vehicle dealerships/manufacturers. These outlets could
be designated as a universal waste destination facility, a universal waste handler, a recycler, or a regulated
generator, depending on how they manage the batteries. For example, when a car is brought to a dealer,
and the dealer replaces the battery, the dealer becomes the generator of the spent battery taken out of the
car. The dealer can manage that battery as a fully regulated DW or can manage the battery as a condition-
ally regulated DW battery under a process that the state (and EPA) calls universal wastes.
There are advantages to the generator to managing batteries as universal waste. They can become what
are referred to as a universal waste handler, which has fewer regulations to follow than a dangerous waste
generator. Under the universal waste regulations the battery can be recycled or disposed. With regard to
transportation of the battery material, no hazardous waste manifest is required. However the battery may be
regulated under Department of Transportation regulations as a hazardous material if it meets the criteria for
one or more hazard classes specified in 40 Code of Federal Regulations 173.2.
Below is a link to the EPA website which discusses batteries.
http://www.epa.gov/osw/hazard/wastetypes/universal/batteries.htm
Model Development Regulations and Guidance 35
Designation Process for Businesses Handling Batteries. Businesses in Washington State (whether in this
case a battery recycler, vehicle dealership, or auto repair shop taking back or replacing batteries) are re-
sponsible for knowing what and how much dangerous waste they generate. The Dangerous Waste Regula-
tions (Chapter 173-303 WAC) describe the characteristics/properties (e.g., flammable, corrosive) that cause a
waste to be considered dangerous and what amounts of waste would cause a business to be regulated as a
dangerous waste generator. The designation process leads the business through the steps to take to make
the determination on whether they generate a dangerous waste that would be subject to special handling
requirements. There are exclusions for certain waste streams. The link below provides a tool that would help
a business go through the designation process.
http://www.ecy.wa.gov/programs/hwtr/reg_comp_guide/pages/des_intro.html
Prior to making a determination that the battery is safe for landfills, a business must go through the des-
ignation process. They may be safe for landfill disposal after treatment, but more information is needed.
Also, Washington State Regulations may be more stringent than EPA regulations.
Section 6.3: State Building Code Council
Section 16 of HB 1481 (codified as RCW 19.27.540) requires the State Building Code Council to adopt rules for
electric vehicle infrastructure (EVI) requirements. Such rules must consider applicable national and inter-
national standards and be consistent with rules adopted under RCW 19.28.281 (Department of Labor and
Industries, discussed in next section). Battery charging stations and rapid charging stations are likely to be
freestanding facilities that are adjacent to a building but are not inside a building, and therefore would be
regulated under Labor and Industry rules. Battery exchange stations, on the other hand, will be inside
buildings and therefore are regulated under the rules set by the State Building Code Council.
In recognition of the directive in the RCW, the State Building Code Council has reviewed the existing rules
in Chapters 51-50, 51, 52 and 54 of the WAC and determined that the rules provide for the regulation of EVI.
With regard to building construction, current building codes and building occupancy classifications would
allow for the installation of battery exchange stations, as discussed further below.
As with any commercial building, a building permit application for a battery exchange station would be
accompanied with building plans designed by a registered professional and would include a proposed
applicable occupancy classification. This occupancy classification would be reviewed and confirmed by the
responsible Building Official and Fire Code Official.
The Building Official must classify by occupancy group the intended use of a proposed new or existing
building as the first step to determine applicable technical requirements. The building code defines each
occupancy and provides a list of specific included uses with the caveat “but not limited to” giving the
building official flexibility to interpret inclusion of similar unstated uses.
A battery exchange station would most likely to be classified as a Group S-1 use (motor vehicle repair
garages complying with the maximum allowable quantities of hazardous materials). However, given the rela-
tive size of possible associated occupancies such as Group B (motor vehicle showrooms) or Group M (motor
fuel dispensing facilities), it could be deemed an accessory occupancy to one of these two. All three of these
general occupancies (Storage Group S-1, Mercantile Group M and Business Group B) are often co-located in
“mixed use” buildings and, as such, the building code deems them to be of similar fire hazard resulting in no
need for physical fire separations between them.
In this regard, building code requirements can be determined for proposed battery exchange stations un-
der existing code language. Current understanding of the operational scope of these stations indicates that
they can most likely be constructed within the hazardous material thresholds allowed for the occupancy
groups noted above and therefore would not be subject to the costly requirements of high-hazard Group H
occupancies.
Model Development Regulations and Guidance36
Simply stated, under the current building code, battery exchange stations can be introduced and readily
accommodated in a new or existing commercial “strip” development, or as a stand-alone facility, at a rea-
sonable cost. As a general rule, any proposed change of occupancy classification in existing buildings will
require compliance with current technical requirements of the building code.
Section 6.4: State Department of Labor and Industries
Section 17 of HB 1481 (codified as RCW 19.28.281) requires the director of Labor and Industries to adopt rules
for the installation of EVI. The rules must be consistent with rules adopted under RCW 19.27.540 (State Build-
ing Code Council, discussed previously).
Labor and Industries has reviewed the existing electrical laws in Chapter 19.28 RCW, rules in WAC 296-46B,
and requirements in NFPA 70 (National Electrical Code), including Article 625 that specifically covers Elec-
tric Vehicle Charging Stations, and determined that these standards are comprehensive and applicable to
the installation of electric vehicle charging systems as written. They meet the intent of RCW 19.28.281 and
therefore there is no need for additional rule writing at this time. If any future rule revisions are needed and
can be substantiated, the department has an established process which is consistent with the requirements
of RCW 34.05 Administrative Procedure Act.
The local building official, fire protection authority or other building authority having jurisdiction (AHJ) will
classify the occupancy and conditions of use in the environment where the charging equipment is installed.
Once classified, the property owner or licensed electrical contractor (employing certified electricians) will
purchase an electrical work permit from the electrical inspection AHJ, and install the electrical equipment
in compliance with the appropriate wiring standards for the location. The electrical inspection will verify the
electrical installation conforms to the applicable wiring standards for the designated environment.
Manufacturers who provide equipment in Washington must ensure that it is properly identified or labeled
as conforming to appropriate safety standards to be approved by an electrical inspector. This means that
the equipment will have a mark from an approved testing laboratory that has been applied at the factory or
by a laboratory employee who performs an onsite field evaluation. Ultimately it is the responsibility of the
equipment owner, however, to ensure that electrical equipment is properly identified and approved prior to
energizing the equipment. A list of laboratories approved in Washington State can be found at:
http://lni.wa.gov/TradesLicensing/Electrical/Install/ProdTest/defau lt.asp
Model Development Regulations and Guidance 37
Section 3. Resources
Regarding Electric Vehicle Infrastructure and Batteries
Resource Documents
• City of Austin, Texas, Resolution No. 050301-48 (04-12-94). “Buy Green, Drive Clean Program.”
• City of Austin, Texas, Electric Vehicle Incentives — Guidelines, Dealerships, and Vehicles (2008).
• City of Boise, Idaho Administrative Services Manager (John Eichmann) Memorandum to Mayor and
Council recommending approval of Zero Emission Vehicle (ZEV) Parking Ordinance amending Boise City
Code 10-17 to enable limited free parking at parking meters for Zero Emission Vehicles (2008).
• City of Davis, California Municipal Code 22.16.0 Electric Vehicles.
• City of Houston, Texas, Project Get Ready: Preparing Cities for the Plug-in Electric Vehicle: Power of the Plug-in
Program (11-17-09).
• City of Indianapolis, Indiana, Project Get Ready: Preparing Cities for the Plug-in Electric Vehicle — Indianapolis
Region: Project Plug-IN (2010).
• City of Minneapolis, Minnesota, John Bailey, David Morris, Electric Vehicle Policy For the Midwest — A Scoping
Document. Prepared for the RE-AMP Network, New Rules Project (12-09).
• City of New York, PlaNYC Exploring Electric Vehicle Adoption in New York City (01-10).
• City of Sacramento, California, Resolution No. 94189 of the Sacramento City Council Supporting Electric Vehicle
Readiness Program (04-12-94).
• City of San Diego, California, Council Policy 600-27 Affordable Housing/In-Fill Housing and Sustainable Building
Expedite Program (05-20-03); Council Policy 900-14, Sustainable Building Policy (05-20-03); Resolution No. 715-00
(07-28-00).
• City and County of San Francisco, California, Resolution No. 715-00, File No. 001399; Resolution encouraging
California Governor Gray Davis to uphold the existing California Air Resources Board zero emission vehicle
mandate, which requires that at least four percent of the 2003 model year passenger cars and light duty trucks
offered for sale in California be zero emission vehicles (08-07-00).
• City of San Jose, California, Resolution No. 74769 — A Resolution of the Council of the City of San Jose
Amending the Master Parking Rate Schedule to Increase Flexibility in Setting Parking Rates at the Convention
Center and Almaden/Woz Parking Lots for Events at the Convention Center; and Repeal Resolution No. 74210
Effective on July 1, 2009 (01-27-09).
• City of Tacoma, Washington, Community and Economic Development Dept., Annual Amendment
Application No. 2010-08, Electric Vehicle Infrastructure (01-25-10).
• City of Toronto, Ontario, Canada, The Toronto Atmospheric Fund — Fleetwise Program (1998-2010).
• City of Vacaville, California, City of Vacaville’s Electric Vehicle (EV) Program (2004).
• City of Vancouver, British Columbia, Canada, Building By-Law No. 9936 amending Building By-law No. 9419
§13.2.1 Electric Vehicle Charging; §13.2.1.1 Parking Stalls; §13.2.1.2 Electrical Room (04-20-11).
Model Development Regulations and Guidance38
• City of Vancouver, British Columbia, Canada, Policy Report Development and Building Report on Electric
Vehicle Charging (06-22-09).
• County of Sonoma, California, Building Green Policy, Resolution No. 08-0947 (11-04-08). Draft Resolution
Adopting Guidelines, Rating Systems and Compliance Thresholds for the Sonoma County Green Building
Program proposed to be adopted 02-2010.
• David Diamond, Ph.D., LMI Research Institute, Impact of High Occupancy Vehicle (HOV) Lane Incentives for
Hybrids in Virginia (2008).
• Don Chandler, Past President, Vancouver Electric Vehicle Association, Pulling the Copper (November 2009).
• Electric Transportation Engineering Corporation, sponsored by Natural Resources Canada, Electric Vehicle
Charging Infrastructure Deployment Guidelines British Columbia (July 2009).
• eTec, an ecotality company, Electric Vehicle Charging Infrastructure Deployment Guidelines for The Central
Puget Sound Area (April 2010).
• Great London Authority, London’s Electric Vehicle Infrastructure Strategy (December 2009).
• Kelly Sims Gallagher and Erich J. Muehlegger, John F. Kennedy School of Government, Harvard University,
Giving Green to Get Green? Incentives and Consumer Adoption of Hybrid Vehicle Technology (October 2007).
• National Electrical Code Handbook, Article 625, Electric Vehicle Charging System (2008).
• Oregon Advisory Team, The EV Project, Summary of Localization Findings (02-05-10).
• Plug In America, Charged Up & Ready to Roll, The Definitive Guide to Plug-In Electric Vehicles, 1st Edition
(January 2010).
• State of California Department of General Services Division of the State Architect: DSA — California Access
Compliance Policy 97-03 Interim Disabled Access Guidelines for Electrical Vehicle Charging (06-05-97).
• State of California Public Utilities Commission, Policy and Planning Division, Staff White Paper Light-Duty
Vehicle Electrification in California: Potential Barriers and Opportunities (05-22-09).
• State of California Public Utilities Commission, Order Instituting Rulemaking to Consider Alternative-Fueled
Vehicle Tariffs, Infrastructure and Policies to Support California’s Greenhouse Gas Emissions Reductions Goals
(08-24-09).
• State of California, San Francisco Bay Area Mayors, Mayor News Release Mayors Aim to Make San Francisco
Bay Area the Electric Vehicle Capital of the U.S. (11/20/08).
• State of California Vehicle Code § 22511, Zero-Emission Vehicles: Display of Decal (01-01-03).
• State of Delaware, Senate Bill No. 153 An Act to Amend Title 26 of the Delaware Code Relating to Customer
Sited Energy Resources (06-09-09).
• State of Florida, draft Electric Automobile Incentives Bill, (3) Tax Credits for Installation of Public Charging
Stations (2010).
• State of Florida, draft Electric Vehicle Incentives Bill (Proposal) (2009).
• State of Hawaii, Act 290 (S.B. 1160), A Bill for an Act Relating to Electric Vehicles (07-01-97).
• State of Hawaii, Revised Statutes §291-71 Designation of parking spaces for electric vehicles; charging units and
§291-72 Parking spaces reserved for electric vehicles; penalties (2009) (effective 01-01-12).
• State of Hawaii, S.B. No. 1202, A Bill for an Act relating to Transportation Energy Initiatives (2009).
Model Development Regulations and Guidance 39
• State of Hawaii, S.B. 2231 § 196 Placement of electric vehicle charging system (2010).
• State of Minnesota, Chapter 134-H.F. No. 1250, An act relating to transportation; regulating electric vehicle
infrastructure; amending Minnesota Statutes 2008, sections 16C.137, subdivision 1; 169.011, by adding subdivision;
216B02, subdivision 4; 216B-241, subdivision 9; Laws 2006, chapter 245, section 1; Laws 2008, chapter 287, article I,
section 118; proposing coding for new law in Minnesota Statutes, chapter 325F (05-21-09).
• State of Oregon, Building Codes Division, Statewide Alternate Method No. OESC 09-01 (Ref: ORS 455.060)
Approval of the use of a demand factor table for calculating Electric Vehicle charging equipment services and
feeders (09-04-09).
• State of Oregon, Department of Consumer and Business Services, Building Codes Division, Division 311,
Miscellaneous Electrical Rules (Effective 10-01-09).
• State of Oregon, Department of Consumer and Business Services Press Release New building codes
standards support electric vehicle growth (10-14-08).
• State of Oregon, Dennis Clements, Chief Electrical Inspector, Building Codes Division, Expediting the permit
process for installation of EVSE (02-12-10).
• State of Oregon, Alternative Fuel Vehicle Infrastructure Working Group, Report of the Alternative Fuel Vehicle
Infrastructure Working Group (January 2010).
• Teal Brown, John Mikulin, Nadia Rhazi, Joachim Seel, and Mark Zimring, Goldman School of Public Policy,
University of California, Berkeley, Renewable & Appropriate Energy Laboratory (RAEL) Policy Brief, Bay Area
Electrified Vehicle Charging Infrastructure: Options for Accelerating Consumer Access, (June 2010).
• The Massachusetts Division of Energy Resources, Installation Guide for Electric Vehicle Charging Equipment
(September 2000).
• The Royal Academy of Engineering, London, England, Electric Vehicles: charged with potential (May 2010).
Model Development Regulations and Guidance40
Glossary of Terms
• AC — Alternating Current, an electric current which changes direction with a regular frequency.
• AFV — Alternative Fuel Vehicle.
• AHJ — Authority Having Jurisdiction, a term used in National Electric Code to denote lead jurisdiction on
electrical matters.
• BEV — Battery Electric Vehicle (see definitions Chapter in Model Regulations).
• Circuit Breaker — A device designed to open and close a circuit by non-automatic means and to open
the circuit automatically on a pre-determined overcurrent without damage to itself when properly applied
within its rating.
• Commerce — Washington State Department of Commerce.
• Continuous Load — A load where the maximum current is expected to continue for 3 hours or more.
• Current — The flow of electricity commonly measured in amperes.
• DC — Direct Current, an electric current that moves in one direction from anode to cathode.
• DOE — United States Department of Energy.
• DOT — United States Department of Transportation.
• DW — Dangerous Waste, under Ecology rules.
• Ecology — Washington State Department of Ecology.
• EPRI — Electric Power Research Institute, a utilities industry-based research group.
• EREV — Extended Range Electric Vehicle (see PHEV).
• EV — Electric Vehicle (see definitions Chapter in Model Regulations).
• EVI — Electric Vehicle Infrastructure (see EVSE).
• EVSE — Electric Vehicle Supply Equipment, industry acronym for charging hardware located at charging
stations provided for the purpose of charging electric vehicle batteries.
• FHWA — US Federal Highways Administration.
• GHG — Greenhouse Gases.
• GMA — Washington State Growth Management Act.
• HB 1481 — Second Substitute House Bill 1481, from the 2009 session of the Washington State Legislature.
• ICE — Internal Combustion Engine.
• Inverter — An electrical device which is designed to convert direct current into alternating current.
• J1772 — Industry-wide standard EV connector.
• JARI — Japan Automobile Research Institute.
• kWh — Kilowatt hour, a unit of energy commonly used for measuring the energy capacity of a battery.
This is the normal quantity used for metering and billing electricity customers.
• Lithium-ion — The type of chemistry used in a majority of modern electric vehicles. Lithium-ion
batteries are lighter in weight and have higher energy density than previous types of batteries designed
Model Development Regulations and Guidance 41
to power these vehicles. Unlike prior generations of rechargeable batteries, lithium-ion batteries lose
very little energy when stored or not in use, and are considered to be highly recyclable due to their
construction with generally non-hazardous materials.
• L&I — Washington State Department of Labor and Industries (also, LNI).
• MUTCD — Manual on Uniform Traffic Control Devices, maintained by the U.S. Department of
Transportation (Federal Highway Administration).
• NEC — National Electrical Code. A code/guideline used for the safeguarding of people and property
from hazards related to the use of electricity. It is sponsored and regularly updated by the National Fire
Protection Association.
• NEV — Neighborhood electric vehicle, largely synonymous with LSV, for low speed vehicle.
• NiMH — Nickel metal hydride, a popular battery type for hybrid electric vehicles.
• NREL — National Renewable Energy Laboratory, a Colorado-based unit of the U.S. Department of Energy.
• Phase — Classification of an AC circuit, usually single-phase, two wire, three wire, or four wire; or three-
phase, three wire, or four wire.
• PHEV — Plug-in hybrid electric vehicle (see definitions Chapter in Model Regulations).
• PSRC — Puget Sound Regional Council.
• RCW — Revised Code of Washington.
• SAE — SAE International, formerly the Society of Automotive Engineers.
• SEPA — Washington State Environmental Policy Act.
• TEPCO — Tokyo Electric Power Company.
• TOU — Time of Use, an electricity billing method with rates based upon the time of usage during the day.
• UTC — Washington State Utilities and Trade Commission.
• VMT — Vehicle Miles Traveled.
• Volt — The electrical potential difference or pressure across a one ohm resistance carrying a current of
one ampere.
• Volt Ampere — A unit of apparent power equal to the mathematical product of a circuit voltage and
amperes. Here, apparent power is in contrast to real power. On AC systems the voltage and current will
not be in phase if reactive power is being transmitted. Usually abbreviated VA.
• V2G — Vehicle-To-Grid, the concept of using electric vehicles as energy storage devices for the electric grid.
• Watt — A unit of power equal to the rate of work represented by a current of one ampere under a
pressure of one volt.
• WAC — Washington Administrative Code.
• WEVA — World Electric Vehicle Association, a group with local affiliates including the Seattle and Tacoma
Electric Vehicle Associations.
• WSDOT — Washington State Department of Transportation.
• ZEV — Zero Emission Vehicle.
Model Development Regulations and Guidance42
Footnotes
1 Washington State Legislature, 61st Legislature, 2009 Regular Session, Chapter 459, Laws of 2009,
Electric Vehicles, (07/26/09).
2 State of Washington Department of Commerce, State Energy Strategy, update due December 2010,
http://www.commerce.wa.gov/site/1327/default.aspx.
3 State of Washington Department of Commerce, Local Government Division, Growth Management
Services, Keeping Your Comprehensive Plan and Development Regulations Current, “A Guide to the Periodic
Update Process under the Growth Management Act,” (April 2010).
4 March 22, 2010 Memorandum from Plug In America on Electric Vehicle Infrastructure Code Research.
5 March 22, 2010 Memorandum from LightMoves on Local Government Electric Vehicle Infrastructure
Phone Interviews.
6 RCW 36.70A.130(1)(d).
7 RCW 36.70A 130(2)(a).
8 RCW 36.70A.130(2)(b).
9 RCW 43.21C.031.
10 RCW 43.21C.030(2)(c).
11 WAC 197-11-704(1).
12 The Washington Constitution prohibits state and local governments from giving or loaning public funds
to private individuals, companies, or associations. Const. art. VII, §§ 5, 7.
13 Citizens Protecting Resources v. Yakima County, 152 Wn. App. 914, 920, 219 P.3d 730 (2009) and RCW
40.01.250(1).
14 Washington State Attorney General’s Office v. Washington Utilities, 128 Wn. App. 818, 116 P.3d 1064 (2005).
15 See Resource Documents in Section 3.
16 Washington Utilities and Transportation Commission v. Washington Natural Gas Company, Third Supplemental
Order Granting Motion to Dismiss Public Refueling Station Schedule, Docket No. UG-920840 (March 12, 1993).
17 WAC 480-100-505 (Adopted February 25, 2010. Commission filed its Adoption Order with the Code
Reviser on March 24, 2010. Effective April 24, 2010.).
18 eTec, Final Electric Vehicle Charging Infrastructure Deployment Guidelines for The Central Puget Sound Area
(April 2010). Also See Plug In America, Charged Up & Ready to Roll, The Definitive Guide to Plug-In Electric
Vehicles, 1st Edition (January 2010).
19 See sources cited at note 18.
20 State of Oregon, Alternative Fuel Vehicle Infrastructure Working Group, Report of the Alternative Fuel Vehicle
Infrastructure Working Group (January 2010).
21 State of Minnesota, Chapter 134-H.F. No. 1250, An act relating to transportation; regulating electric vehicle
infrastructure; amending Minnesota Statutes 2008, sections 16C.137, subdivision 1; 169.011, by adding subdivision;
216B02, subdivision 4; 216B-241, subdivision 9; Laws 2006, chapter 245, section 1; Laws 2008, chapter 287, article I,
section 118; proposing coding for new law in Minnesota Statutes, chapter 325F (05-21-09).
22 City of Davis, California Municipal Code 22.16.0 Electric Vehicles.
Model Development Regulations and Guidance 43
23 May 4, 2010 Memorandum from Plug In America on Web-based Electric Vehicle Consumer Survey.
24 U.S. Department of Transportation, Manual on Uniform Traffic Control Devices for Streets and Highways:
2009 Edition, http://mutcd.fhwa.dot.gov/pdfs/2009/mutcd2009edition.pdf (2009).
25 Federal Highway Administration Transportation Pooled Fund Program TPF-5(065) Traffic Control Device
(TCD) Consortium http://www.pooledfund.org/projectdetails.asp?id=281&status=4 (Jan-Mar 2010)
Washington Department of Commerce
Energy Policy Division
1011 Plum Street SW
Olympia, WA 98504-2525
360-725-4000 • www.commerce.wa.gov
Puget Sound Regional Council
PSRC
Puget Sound Regional Council
1011 Western Avenue, Suite 500
Seattle, WA 98104-1035
206-464-7532 • www.psrc.org
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT D
COUNCIL MEETING DATE:
January 24, 2011
SUBJECT:
Proposed Comprehensive Plan
Amendments – Stormwater Management
(PLN20080025), Sewer (PLN20080024)
and Water Comprehensive Plans
(PLN20080023); Graafstra Comprehensive
Plan Amendment and Concurrent Rezoning
(PLN20080006 and PLN20080007)
DEPARTMENT OF ORIGIN:
Community Development – David Kuhl, Todd Hall
ATTACHMENTS:
1. City Council Workshop Memo.
2. Comp Plan Text Amendments to Chapter 11 – Public Services and Capital Facilities
Element.
3. Comp Plan Text Amendments to Chapter 12 – Other Related Plans Adopted by
Reference.
4. Proposed UGA Land Use Map Amendments and Zoning Map Amendments - Graafstra
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
N/A
DESCRIPTION: Updates to the City’s Stormwater Management Plan, Sewer Comprehensive
Plan, Water Comprehensive Plan, and Stormwater Management Comprehensive Plan, as well as
Comprehensive Plan Amendments to Chapter 11 – Public Services and Capital Facilities Element
and Chapter 12 – Other Related Plan Adopted by Reference. The Graafstra property is proposed
to be amended on the City’s land use and zoning maps from Low/Moderate Density Residential
(RLMD) to Public/Semi-Public (P/SP) to allow for future park and recreational uses.
HISTORY: The City’s Stormwater Management Plan and Water Comprehensive Plan have all
been updated since the last editions were published, 1995 for the Stormwater Comp Plan and
2004 for the Water Comp Plan. The Sewer Comprehensive Plan was last updated in 2008. The
Graafstra property was purchased by the City in 2010, with the intention of constructing a public
recreational area adjacent to the Stillaguamish River.
ALTERNATIVES: No action.
RECOMMENDED MOTION:
None proposed at this time. Planning Commission discussed the proposed amendments at their
public hearing on January 20, 2011. A public hearing will be scheduled at the February 7, 2011
City Council meeting to hear from the public and consider adoption.
City Council Workshop Memo
Date: January 24th, 2011
To: City Council
From: David Kuhl, AICP, Community Development Director
Todd Hall, Associate Planner
Re: 2008 Comprehensive Plan Amendments; Graafstra, Sewer, Stormwater, & Water
Summary: The Graafstra Lowlands Comprehensive Plan Amendment (CPA) and
Concurrent Rezone; Stormwater Management Comprehensive Plan CPA; Sewer
Comprehensive Plan CPA, and; Water Comprehensive Plan CPA are City-initiated projects
that are amendments to the City of Arlington Comprehensive Plan and Zoning Map. CPA’s
also include Chapters 11 and 12 of the Comprehensive Plan. The CPA’s are submitted
under the 2008 Comprehensive Update docket cycle.
Graafstra CPA & Rezone: The amendment includes changing the prezoning and land
use designation from RLMD to Public/Semi-Public (P/SP) to allow for the future
desired uses of the property.
Sewer CPA: The Sewer Comprehensive Plan is being updated to describe the
existing sewer system and service area, a forecast of future sewer demands, policies
and design criteria, operations and maintenance program, staffing requirements,
schedule of improvements and financial plans.
Water CPA: The Water Comprehensive Plan is being updated per Washington
State Department of Health regulations, which requires water services to update
their plans every six years.
Stormwater Management CPA: The Stormwater Management Comprehensive Plan
is being updated to provide information regarding the protection of the city’s
surface waters and groundwater.
Community Development
Planning Division
January 24, 2011 City Council Workshop
Chapters 11 & 12: Text amendments to both chapters to update information on
Sewer, Water, and Stormwater Management Plans..
Next Steps: Staff presented the CPAs at the January 20th Planning Commission public
hearing. A public hearing is scheduled for February 7 at City Council for consideration of
adoption.
___________________________________________________________________________________________________
Attachments:
DRAFT Chapter 11 – Public Services and Capital Facilities Element
DRAFT Chapter 12 – Other Related Plans Adopted by Reference
Proposed UGA Land Use Amendments and Zoning Map Amendments for Graafstra
Property
CD:
2008 Sewer Comp Plan, 2010 Water Comp Plan, 2010 Stormwater Comp Plan
Chapter 11:
Public Services & Capital Facilities
Element
11.1 PURPOSE OF THIS CHAPTER ......................................................................................... 11-1
11.2 UTILITIES AND THE URBAN GROWTH AREA .......................................................... 11-2
11.3 FEDERAL AND STATE UTILITY LAWS AND REGULATIONS ....................................... 11-2
11.3.1 Washington Administrative Code (WAC) and Washington Utilities and Transportation
Commission .......................................................................................................................... 11-2
11.3.2 Federal Energy Regulatory Commission ............................................................. 11-2
11.3.3 Natural Gas Policy Act of 1978 ............................................................................ 11-2
11.3.4 Northwest Power Planning Council ...................................................................... 11-3
11.3.5 1991 Clean Air Amendments ............................................................................... 11-3
11.4 EXISTING CONDITIONS ....................................................................................... 11-3
11.4.1 Municipal Services .............................................................................................. 11-3
11.4.2 Contracted Services .......................................................................................... 11-29
11.4.3 Other Utilities ..................................................................................................... 11-30
11.4.4 Public Schools ................................................................................................... 11-32
11.4.5 Snohomish Public Hospital District No. 3 ........................................................... 11-34
11.5 PROJECTED NEEDS ......................................................................................... 11-34
11.5.1 Municipal Services ............................................................................................ 11-34
11.5.2 Contracted Services .......................................................................................... 11-45
11.5.3 Other Utilities ..................................................................................................... 11-45
11.5.4 Public Schools ................................................................................................... 11-47
11.5.5 Snohomish Public Hospital District No. 3 ........................................................... 11-48
11.6 WHAT W E WOULD LIKE TO ACHIEVE ................................................................. 11-48
11.6.1 Municipal Services ............................................................................................ 11-48
11.6.2 Contracted Services .......................................................................................... 11-51
11.6.3 Public Schools ................................................................................................... 11-52
11.6.4 Levels of Service ............................................................................................... 11-52
11.6.5 Capital Facilities Plan ........................................................................................ 11-53
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 6 7 January 2011
volunteers (seniors against crime, citizens
on patrol, explorer scouts and reserve po-
lice officers). An effective volunteer pro-
gram would provide public education,
crime prevention, crime analysis, and di-
rect assistance to employees in the per-
formance of their duties
d. Add a Police Property and Evidence Spe-
cialist (civilian employee) to handle the
work of crime scene processing, evidence
identification and property accountability.
e. Create a Police Cadet program to in-
crease the pubic services offered at the
Police Station. This 50 hour a week pro-
gram would employ a number of part-time
college students majoring in criminal jus-
tice who would also receive work expe-
rience.
In August of 2005 the Police Department
moved into an 18,000 square foot Police
Station/Council Chamber building. This fa-
cility was designed to accommodate a Po-
lice Department of 50 employees. In addi-
tion, there are two essential police facilities
in different locations. The Police Impound
Lot and Property Building are part of the
Public Works shop compound leased from
the Arlington Municipal Airport. This building
has the storage capacity the new police sta-
tion does not have. It also has the capability
to process vehicles that are seized for evi-
dence. The security lot has the capability to
store 12 vehicles.
11.4.1.4 Utilities
The Utilities Division of the City‘s Public
Works Department operates water, waste-
water, and stormwater utilities through three
component departments. (Utility Administra-
tion also oversees the garbage and recy-
cling contract with Waste Management
NW.)
11.4.1.3.111.4.1.4.1 Water Utility
Service Area. Through its Water Depart-
ment, the City provides water to a retail ser-
vice area of approximately 25 square miles,
much greater than the 9.2 square miles
within City limits. Generally, the service
area extends 1 to 2 miles beyond City limits
in the east, southeast, north, and west di-
rections. The Water System Plan (WSP),
which governs water utility operations, is
prepared and approved by the state De-
partment of Health (DOH) every 6 years.
The 2010 WSP expanded the service area
from its previous 22.5 square miles, primari-
ly through westward expansion of its west
boundary from approximately Interstate 5 to
the BNSF railroad. The service area ex-
cludes the Smokey Point neighborhood
(within City limits) south of 180th Street and
West of 43rd and 51st Avenues, which is
served by the City of Marysville. In 2008,
the utility served 5,147 customer accounts,
including 15,417 persons within the water
service area.
Water Sources. Three primary sources
supply water to the utility. Arlington produc-
es most of its water from wells at two loca-
tions. The Haller well field naturally filters
Stillaguamish River water by drawing it
through the riverbank. The Airport well field
draws groundwater from a deep aquifer.
The water the City produces is blended
within ourthe City‘s water mains with water
the City purchases wholesale from itsa third
source—Public Utility District No. 1 of Sno-
homish County (PUD). The source of
ourthe City‘s purchased volume is the City
of Everett‘s Spada Reservoir near the
headwaters of the Sultan River.
Water Quality. Water from the Haller well
field is filtered and disinfected by the City‘s
water treatment plant, built in 2001. DOH
records indicate that the plant has few peers
in the consistent production of clear, high
quality water. Water is disinfected at the
Airport Well. Water from the PUD is fully
treated before it is delivered to the City of
Arlington. The quality of water delivered to
the customers‘ taps is high quality and
compliant with all state and federal drinking
water laws. Manganese sometimes exceeds
standards for aesthetic concerns, turning
water a reddish brown color which can stain
clothing but is without heatlh effects.
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 7 7 January 2011
Water Rights. The City seeks to secure
water supplies from the three sources using
water rights and wholesale purchase
agreements. The Stillaguamish River and
Quilceda Creek basins are closed to the
development of new water supplies (unless
they are mitigated) by instream flow rules,
so additional water can be obtained primari-
ly through the purchase and transfer of wa-
ter rights, or the purchase and transmission
of out-of-basin water. The City has an active
water right acquisition program. State water
right records currently support the City‘s use
of up to 3,692 acre-feet/year (afy) of water
from the Haller well field at up to 4,079 gal-
lons per minute (gpm). The Airport well field
supports up to 320 afy at up to 580 gpm.
The agreement with PUD allows the use of
up to 1,000 gpm; used continuously, this
totals1,613 afy.
The City has a 1992 application for new wa-
ter rights at the airport for 900 gpm and 850
afy. It has pending applications for the
transfer of three rights to the Haller well field
totaling up to 471 gpm and up to 215 afy.
Fire Protection. The Future LOS for fire pro-
tection is listed in .
Table 11-3: Fire Protection LOS for Water
Residential Single-Family (including
duplexes)
1,000 gpm for 2 hours
Medium-Density Residential 1,750 gpm for 2 hours
High Density Residential 2,500 gpm for 2 hours
Commercial & Business Park 3,000 gpm for 3 hours
Industrial/Schools 3,500 gpm for 3 hours
Demand for Water. The City evaluates two
types of water supply capacity to under-
stand the demand on the water system and
to assure that future population can be
served with potable water supply. Average
Day Demand is the total amount of water
delivered to the system in a year divided by
the number of days in a year, and Peak Day
Demand is the maximum amount of water
delivered to the system during a 24-hour
time period of a given year. Peak Day De-
mand requires a greater quantity of gallons
of water per minute to be delivered than
does Average Day Demand, so for capacity
planning purposes Peak Day Demand is the
benchmark used to determine the volume of
water capacity that must be supplied.
The 2010 WSP shows that the City has suf-
ficient capacity to meet both Peak Day De-
mand and Average Day Demand for its 6-
and 20-year planning horizions. With con-
servative growth estimates out to the 50-
year horizon, the City would still have ade-
quate capacity to meet Average Day De-
mand. However, it cannot meet its Peak
Day Demand in 50 years, even with aggres-
sive conservation efforts, and will require
water rights it is currently pursuing.
Water Use Efficiency. City water custom-
ers have continuously decreased their an-
nual water use since 1994, largely due to
water conservation practices. Per capita
demand for water has declined from 101
gallons per day in 2002 to 90 gallons per
day in 2008, which is relatively low com-
pared to other systems in the Puget Sound
area. The City aims to continue these de-
mand-side reductions in water use of 2 per-
cent by 2014, and 5 percent by 2018 over
2008 levels. The City‘s supply-side goal is
to maintain distribution system losses at 5 to
7 percent of total production, well below the
State‘s 10 percent requirement.
Staffing and Facilities. The Water De-
partment operates and maintains the water
system with a staff of ten full time em-
ployees. Duties include: inspection, testing,
installation and repair of system facilities,
routine operation and preventive mainten-
ance, water quality sampling, water quality
program administration, regulatory com-
pliance monitoring, record keeping, adminis-
trative tasks, general clerical, and response
to emergencies.
Facilities include:
Administrative Offices (3,300 sq.ft.)
Water Treatment plant (1,100 sq.ft.)
Potable Water Offices (1,188 sq ft)
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 8 7 January 2011
Shop (1,584 sq.ft.)
Four Well Buildings
Booster Pump Station
Three Reservoirs, two with support
structures
The department has a broad range of ve-
hicles and equipment, including two light-
duty trucks, five heavy-duty trucks, two
vans, , two enclosed utility trailers, one
open utility trailer, one backhoe, and one
dump truck. 1
The Water Division operates and maintains
the City‘s water system. There are ten full
time employee positions in the department
currently. The department performs a wide
range of duties required to operate and
maintain the City‘s water system, including:
inspection, testing, installation and repair of
system facilities, routine operation and pre-
ventive maintenance, water quality sam-
pling, water quality program administration,
regulatory compliance monitoring, record
keeping, administrative tasks, general cleri-
cal, and response to emergencies.
The Department has 3,300 sq ft of ad-
ministrative offices. The other buildings
associated with the department include:
Water Treatment plant (1,100 sq.ft.)
Potable Water Offices (1,188 sq ft)
Shop (1,584 sq.ft.)
Four Well Buildings
Booster Pump Station
Three Reservoirs, two with support
structures
The department has a broad range of ve-
hicles and equipment, including four light-
duty trucks, two heavy-duty trucks, two
vans, two Sport Utility Vehicles, two en-
closed utility trailers, one open utility trailer,
one backhoe, and one dump truck. 2
1 See City of Arlington Comprehensive Water
System Plan, RH2 Engineering, Inc., November
2010, page 8-5 for a complete listing of vehicles
and equipment. 2 See City of Arlington Comprehensive Water
System Plan, RH2 Engineering, Inc., August
The source of the City‘s drinking water is
one groundwater well and one groundwater
well field. The Snohomish County PUD pro-
vides additional supply under a wholesale
water supply agreement. The City‘s water
quality has been good; it has met or ex-
ceeded drinking water standards with the
exception of manganese levels at the Air-
port Well, which have been slightly higher
than allowable. Water from the Haller Park
Well Field is filtered by the City‘s water
treatment plant. Water is disinfected at the
Airport Well and 520 Zone Pump Station.
Snohomish County PUD wholesale water is
fully treated before it is delivered to the City
of Arlington.
The City serves approximately 4,735 cus-
tomer accounts within the water service
area. The water service area encompasses
14,420 acres, extending beyond the City‘s
corporate limits.
The City has experienced a trend of de-
creasing water demands since 1993, due
most probably to water conservation prac-
tices. The City‘s per capita demand for wa-
ter was approximately 100 gallons per capi-
ta per day in 2002 – fairly standard for the
Puget Sound area.
Level of Service for Fire Protection. The
Future LOS for fire protection is listed in Table
11-3: Fire Protection LOS for Water. Existing
LOS for water storage is 1,240 gallons per
residential equivalent served or 935 gallons
per resident.
Table 11-3: Fire Protection LOS for Water
Residential Single-Family (including
duplexes)
1,000 gpm for 2 hours
Medium-Density Residential 1,750 gpm for 2 hours
High Density Residential 2,500 gpm for 2 hours
Commercial & Business Park 3,000 gpm for 3 hours
Industrial/Schools 3,500 gpm for 4 hours
2004, page 8-5 for a complete listing of vehicles
and equipment.
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 9 7 January 2011
Future water demand projections show that
the City of Arlington does not have sufficient
water capacity to provide service to ex-
pected future population growth in the City‘s
Coordinated Water System Plan (CWSP)
and Urban Growth Area (UGA) water ser-
vice areas.
There are two types of capacity the City‘s
water utility evaluates to assure that future
population can be served with potable water
supply; one is Average Day Demand capac-
ity and the other is Peak Day Demand ca-
pacity. Average Day Demand is the total
amount of water delivered to the system in a
year divided by the number of days in a
year, and Peak Day Demand is the maxi-
mum amount of water delivered to the sys-
tem during a 24-hour time period of a given
year. Peak Day Demand requires a greater
quantity of gallons of water per minute to be
delivered than does Average Day Demand,
so for capacity planning purposes Peak Day
Demand is the benchmark used to deter-
mine the volume of water capacity that must
be supplied.
The City of Arlington 2004 Water Compre-
hensive Plan shows that the City has suffi-
cient Average Day Demand water capacity
until 2040, and Peak Day Demand water
capacity until 2014 for the current CWSP
and Urban Growth Area (UGA) boundaries.
Recently proposed additions to the UGA
shorten the capacity timelines to 2019 for
Average Day Demand and 2007 for Peak
Day Demand. However, given the actual
time it would likely take to develop land after
it is added to the City‘s UGA, we expect the
Peak Day Demand capacity is more likely to
be reached around 2010.
Projected new water capacity that needs to
be obtained to meet anticipated Peak Day
Demand in 2023 is 500 gallons per minute
(gpm) in the current UGA and 2,680 gpm in
the proposed expanded UGA.
New water capacity can be secured by ex-
panding the City‘s current water rights using
opportunities to apply for new or purchase
and transfer existing water rights, or by pur-
chasing extra wholesale water supply ca-
pacity. The City filed an application for new
water rights with the Department of Ecology
in 1987, however it is not likely that the ap-
plication will be granted given the results of
recently adopted or in-progress water quali-
ty and quantity studies of the Stillaguamish
River such as Total Maximum Daily Loading
and In-stream Flow Rule. The City is dili-
gently pursuing all other options to ensure
future growth can be provided with potable
water.
11.4.1.3.211.4.1.4.2 SewerWastewater
Utility
Service Area. Through its Wastewater De-
partment, the City provides sewer and water
reclamation services to its 9.0 square mile
service area. The service area generally
follows the City‘s UGA boundary. The Smo-
key Point neighborhood (within City limits)
south of 180th Street and West of 43rd Ave-
nue, however, is served by the City of Ma-
rysville. As of April 2008, the City provided
service to approximately 4,338 customer
connections within the City‘s sewer service
area. A number of parcels within the service
area are not connected and remain on sep-
tic systems.
Treatment Facility. The City‘s sewer sys-
tem, comprised of 68 miles of gravity collec-
tion and force main pipes and 12 lift sta-
tions, delivers wastewater to a state-of-the-
art water reclamation facility. Substantially
complete in December 2010 (with comple-
tion anticipated March 2011), the new and
upgraded facility includes many advanced
treatment processes: membrane bioreactor
(MBR) with an effective pore size of 0.1 mi-
cron; biological nutrient removal (BNR) of
nitrogen and phosphorus; sludge digester to
reduce the volume of biosolids produced;
biological odor control; and ultraviolet disin-
fection
Reclaimed Water Quality. The upgrade in
treatment technology from the previous se-
quencing batch reactor (SBR) plant built in
1998 allows the plant to produce effluent of
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 10 7 January 2011
Class A or Class B Reclaimed Water Quali-
ty. Initially, the City will continue to dis-
charge reclaimed water to the Stillaguamish
River to augment instream flows. The City is
also constructing a treatment wetland adja-
cent to the water reclamation facility and
can use it as an adaptive management
measure for temperature and metals polish-
ing when river water quality may require it.
Reclaimed water is also a resource that,
with distribution, can replace and reduce
demand on potable water drawn from the
Stillaguamish basin.
Compost Facility. Solids processing con-
sists of solids dewatering at the water rec-
lamation facility, and then transporting the
dewatered solids to either the City‘s bioso-
lids composting facility (BCF) or an eastern
Washington landfill. The BCF uses biosolids
and other materials to create Class A quality
compost that is used as a soil amendment
in City parks and open spaces.
Capacity. The City‘s existing average daily
flow of influent to the treatment plant in
2007 was 1.10 million gallons per day
(MGD), or about 72 gallons per capita per
day for a service population of about
15,278. The water reclamation facility ex-
panded treatment capacity 2.7 MGD, which
should serve the service area population of
nearly 29,000 by 2025. To meet regulatory
requirements, the City anticipates expand-
ing the facility to 4.0 MGD prior to 2025.
This can be easily done simply by the pro-
curement and installation of additional
membranes when warranted by growth.
Staffing and Facilities. The Wastewater
Department operates and maintains the
sewer collection and water reclamation sys-
tem with a current staff of nine full time em-
ployees. Duties include: inspection, testing,
installation and repair of system facilities,
routine operation and preventive mainten-
ance, compliance sampling and testing, pre-
treatment program administration, regulato-
ry compliance monitoring, record keeping,
administrative tasks, general clerical, and
response to emergencies.
Facilities include:
Administrative Offices (3,300 sq. ft.)
Water Reclamation Facility and Support
Structures (>42,000 sq. ft.)
Wastewater Offices and Laboratory
(2,560 sq. ft.)
Shop/Tool Room (2,604 sq. ft.)
Compost Facility (20,000 sq. ft.)
Twelve Lift Stations
The utility has a broad range of vehicles and
equipment, including one backhoe, six light-
duty trucks, 3 vans, five heavy-duty trucks,
two dump trucks, two sport utility vehicles,
one front-end loader, confined space entry
gear, and sampling equipment. 2
The City limits comprise an area of approx-
imately 8.2 square miles and the sewer ser-
vice area encompasses approximately 9.4
square miles. The 2004 population within
the City limits was approximately 14,700. As
of April 15, 2005, the City provided service
to approximately 4,629 customer connec-
tions within the City‘s sewer service area.
The City‘s sewer system is comprised of
one treatment plant, 12 sewer pump sta-
tions and approximately 50 miles of collec-
tion pipes. A summary of sewer system data
is provided in Table 11-4: 2004 Sewer Sys-
tem Data.
2 See City of Arlington Sewer Comprehensive
Plan, RH2 Engineering, Inc., September 2008,
page 8-4 for a complete listing of vehicles and
equipment.
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 11 7 January 2011
Table 11-4: 2004 Sewer System Data
Description Data
Population (City)14,700
Sewer Service Area (acre)6,020
Total Connections (4/15/05)4,629
Gallons Per Capita Day 91 gpcd
Average Daily Flow 1.02 mgd
Number of Pump Stations 12
Total Length of Sewer Main ~ 50 miles
The Wastewater Division operates and
maintains the City‘s sequencing batch reac-
tor (SBR) wastewater treatment plant and
collection system for the treatment of sanita-
ry sewage and liquid wastewater. Solids
processing consists of solids dewatering at
the wastewater treatment plant, and then
transporting the dewatered solids to the
City‘s biosolids composting facility resulting
in an end product that is sold locally for
beneficial reuse as an agronomical product.
There are nine full time employees in the
department currently. The department per-
forms a wide range of duties requires to op-
erate and maintain the City‘s sanitary sewer
system, including: inspection, testing, instal-
lation and repair of system facilities, routine
operation and preventive maintenance,
compliance sampling and testing, pretreat-
ment program administration, regulatory
compliance monitoring, record keeping,
administrative tasks, general clerical, and
response to emergencies.
The Department has 3,300 sq ft of ad-
ministrative offices. The other buildings
associated with the department include:
Wastewater Treatment Plant and Sup-
port Structures
Wastewater Offices (sq ft)
Laboratory (sq. ft.)
Compost Facility (sq. ft.)
Shop/Tool Room (sq ft)
Storage Building (sq. ft.)
Twelve Lift Stations
The division has a broad range of vehicles
and equipment, including two light-duty
trucks, four heavy-duty trucks, one dump
truck, one front-end loader, confined space
entry gear, and sampling equipment. 3
The wastewater system is experiencing
maximum capacity in the solids handling
portion of the wastewater treatment plant
and Public Works is currently in the midst of
evaluating methods to increase solids han-
dling capacity and optimize treatment plant
performance. Studies will also be conducted
to evaluate the best method to comply with
future NPDES permit requirements, likely
requiring a change in the type of treatment
utilized at the City‘s wastewater treatment
plant.
The City serves approximately 4,629 cus-
tomer accounts within the sewer service
area. The sewer service area encompasses
6,016 acres, extending beyond the City‘s
corporate limits.
11.4.1.3.311.4.1.4.3 Stormwater Utility
Drainage
Service Area. Through its Stormwater and
other supporting Departments, the City pro-
vides stormwater management within the
9.2 square mile service area. Unlike its peer
utilities, the Stormwater service area is
coincident with the City limits, including the
Smokey Point neighborhood. The service
area excludes areas within the City‘s UGA.
As of January 2011, the City charged ap-
proximately 5,745 customer accounts for
stormwater services. Only undeveloped
parcels within the City are exempt.
Drainage Infrastructure. The infrastructure
within the City of Arlington is an urban com-
ponent of natural drainages which convey
water north to the Stillaguamish River
through Portage Creek and other tributaries,
or south to Quilceda Creek. The Municipal
3 See City of Arlington Comprehensive Water
System Plan, RH2 Engineering, Inc., August
2004, page 8-5 for a complete listing of vehicles
and equipment.
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 12 7 January 2011
Separate Storm Sewer System (MS4) within
Arlington includes: collection features (3,253
catch basins); conveyances such as storm
sewers (48 miles of pipes), ditches (18
miles), and culverts (2.9 miles); flood control
or water quality facilities such as reten-
tion/detention ponds, vaults, and infiltration
systems (at least 114), sediment basins (6
count), and biofiltration swales; nine natural
drainage basins; and outfalls to natural sys-
tems (at least 86).
Management Issues. The September 2010
Comprehensive Stormwater Plan identified
five issue areas driving stormwater man-
agement within the City of Arlington. First is
local flooding and traditional drainage is-
sues. Second is the City‘s roles in imple-
mentation of water clean-up plans (TMDLs)
for numerous water quality impairments
(particularly fecal coliform, dissolved oxy-
gen, and temperature) in numerous stream
and river segments. Third is the regulatory
requirement to develop stormwater man-
agement programs to comprehensively ad-
dress and minimize the impacts of stormwa-
ter discharges through public education,
public participation, illicit discharge detec-
tion and elimination, runoff design and con-
struction standards, inspections of public
and private facilities in light of enforceable
maintenance standards, and pollution pre-
vention at municipal facilities. Fourth is pro-
tection of the City‘s drinking water sources,
including: aquifers subject to contamination
by stormwater through infiltration galleries,
rain gardens, and underground injection
wells; and surface waters draining to the
mainstem and South Fork of the Stillagua-
mish River, whose waters are drawn
through the river bank into shallow wells.
Fifth is the recovery of fish and aquatic spe-
cies listed as threatened under the Endan-
gered Species Act, including Chinook sal-
mon and bull trout, and other declining sal-
monid populations.
Treatment Facilities. The key to high quali-
ty stormwater is to, as much as is practica-
ble, minimize surface flows and maximize
treatment, and doing both of these close to
the source. Arlington is fortunate to have
approximately 50% of its area in soils that
generally facilitate infiltration. In addition,
the City promotes Low Impact Development
(LID) practices such as: rain gardens, per-
meable pavements, vegetation mainten-
ance, and other source reduction tech-
niques; and bioswales, wetands, and other
natural treatment techniques. The City‘s
largest basins which discharge untreated
stormwater to the Stillaguamish River are
the 284-acre Butler and 67-acre Talcott
subbasins draining Old Town Arlington.
The City has designed and has secured
funding and permits for the construction of a
treatment wetland for the Butler basin in
2011. Target parameters are sediment, nu-
trients, bacteria, and to a lesser degree,
temperature.
Staffing and Facilities. The Stormwater
Utility was officially created in September
2001, but was not funded by a utility rate
until five years later. Other City departments
provided stormwater services, including:
plan reviews and project inspections (Engi-
neering Dept.); maintenance (Street Dept
and contract vendors); monitoring (Natural
Resources, Water, and Wastewater Depts);
illicit discharge response and stream and
drainage basin investigations (Natural Re-
sources), and public education and out-
reach (Natural Resources). In 2008 the City
hired its first Stormwater Department em-
ployee, a technician, to administer the regu-
latory provisions of the NPDES Phase II
Municipal Stormwater Permit, including
education, infrastructure inventories, outfall
screening, private and public storm facility
inspections, implementation of pollution
prevention plans for City facilities, mainten-
ance scheduling, and monitoring. City staff
continue to coordinate stormwater functions
across departmental lines.
Facilities include:
Administrative Offices (3,300 sq. ft.)
Stormwater Treatment Wetland (8.7
acres.)
M & O facilities, shared (see 11.4.1.5)
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 13 7 January 2011
Numerous detention and infiltration facil-
ities within public areas
The utility has a single sport utility vehicle
and a vactor truck it shares with the other
utilities. It also has confined space entry
gear and sampling equipment. It has the
benefit of backhoes, loaders, trucks, and
other equipment within the other utilities and
Public Works divisions.
The existing urban, city-maintained drai-
nage system within the city of Arlington
consists of conveyance features, including
storm sewers (piped conveyances) and
open ditches, and flood control or water
quality facilities, including reten-
tion/detention ponds and vaults, infiltration
systems (ditches and galleries), catch ba-
sins, sediment basins, natural drainages,
and biofiltration swales. The inventory of
these features should be updated and in-
corporated into a GIS database to promote
planning.
Storm Sewer System – The piped con-
veyance system is comprised of an esti-
mated 138,000 linear feet of pipe. Most of
the piped stormwater conveyance system
occurs in the Downtown Arlington drainage
basin. The downtown system was shown in
the 1995 SCP. Three outfalls from the
Downtown drainage system currently dis-
charge to the Stillaguamish River.
Infiltration Systems - Some parts of the
city are underlain by very permeable soils
with high infiltration capacities. Thus, infiltra-
tion systems such as dry wells or infiltration
ditches or galleries are being used for
stormwater disposal in some areas. Dry
wells are in common use at private facilities
near the Arlington Municipal Airport. Ap-
proximately 4,000 linear feet of infiltration
ditch occur in the City. Design guidance for
infiltration facilities will need to be reviewed
in light of proposed Ecology guidance on
implementation of the underground injection
control program.
Biofiltration Swales – Swales are used in
a variety of situations in the City. When the
City expands roadways they usually attempt
to retrofit swales into the right-of-way to
provide runoff treatment. Large planned de-
velopments may dedicate one or two lots
toward installation of a larger swale to serve
the entire development. In other neighbor-
hoods, individual homeowners may have
small swales in front of their homes (in park-
ing strips) to handle local road runoff.4
A number of City departments currently
conducts or contracts for the City‘s storm-
water utility maintenance including pipes,
catch basins, inlets, ditches, outfalls, and
infiltration swales, and operation including
water quality monitoring and sampling,
regulatory oversight, and administrative as-
sistance. Funding for maintenance currently
comes from the current expense (general)
fund. In the future, funding will be through a
stormwater utility rate to be adopted in the
near future. While the Stormwater Utility
was officially created by Ordinance No.
1266 in September, 2001, it has not been
staffed nor has it been funded by a storm-
water utility rate as was earlier anticipated.
The stormwater system consists of seven
stormwater drainage basins, 28 miles of
conveyance pipe, four miles of infiltration
ditch, three outfalls that discharge to the
Stillaguamish River, and numerous reten-
tion/detention ponds and vaults, infiltration
systems, catch basins, and biofiltration
swales.
The Stormwater Utility does not presently
have dedicated personnel or equipment.
Various City departments handle specific
functions of the utility and use their respec-
tive departments‘ personnel and equipment
to perform their stormwater duties.
Two primary concerns exist with the City‘s
present stormwater utility and infrastructure.
First, the present stormwater system does
4 Draft Technical Memorandum, City of Arlington
Stormwater CIP Update, Preliminary System
Characterization Report, June 2003
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 14 7 January 2011
not contain sufficient capacity to handle
stormwater events; consequently we see
local urban flooding and associated dam-
age. Second, the quality and quantity of wa-
ter being discharged from the City‘s storm-
water system into local streams, creeks,
and rivers exceeds allowable limits and con-
tributes to water quality and fish habitat
problems.
Because the regulatory environment has
changed since 1995, particularly with re-
spect to endangered species and the
NPDES Phase II stormwater discharge
permit for small cities, the City is obligated
to re-visit its stormwater management.
Preparation of a stormwater comprehensive
plan is currently underway.
The stormwater service area encompasses
the city limits and the UGA, totaling approx-
imately 5,815 acres.
11.4.1.411.4.1.5 Maintenance &
Operations
The Public Works Maintenance & Opera-
tions division provides maintenance servic-
es for many elements of the City‘s infra-
structure, including:
Airport
Cemetery
Equipment (except for police and fire)
City Facilities (except for water and
wastewater)
Parks, athletic fields, and public spaces
Storm drainage system
Streets and sidewalks
The buildings associated with the mainten-
ance functions of the City include:
Maintenance Shop (6,840 sq.ft.)
Outbuilding (2,372 sq.ft.)
Equipment Storage Building (2,832
sq.ft.)
11.4.1.511.4.1.6 Airport
The Arlington Municipal Airport is part of
the national system of airports, as well as
of the transportation infrastructure serving
the City of Arlington, Snohomish County,
and the northern portion of the Seattle-
Tacoma Metropolitan Area.
The Airport is located north of the Seattle-
Tacoma Metropolitan Area, approximately
three (3) miles southwest of the Arlington
Central Business District (CBD), approx-
imately one-third (0.3) of a mile from the
Highway Commercial District, and twelve
(12) miles north of the City of Everett. It is
owned and operated by the City of Arlington
and is contained within the corporate boun-
daries of the City.3
The airport is 1,189 acres and includes in-
dustrial, commercial, and public land uses,
in addition to the aviation operations. The
majority of the existing general aviation fa-
cilities are located along the east side of
Runway 16/34, between 59th Avenue NE
and Taxiway ―A‖. This part of the airport is
developed with aircraft storage facilities,
including over 400 T-hangars and apron
area to accommodate over eighty tiedown
spaces. The City of Arlington owns 108 of
the existing T-hangars. There are also many
Fixed Base Operator (FBO), maintenance,
and individually owned aircraft storage han-
gars throughout this area.
Additional general aviation facilities are de-
veloping along the south side of Runway
11/29, adjacent to the east end of the run-
way. These facilities include tiedown apron
space for approximately 30 aircraft and
complexes of several new business-related
aircraft storage hangars. The existing ultra-
light hangar complex is in the northwest qu-
adrant of the airport and has storage for ap-
proximately 62 aircraft.
There are approximately 475 aircraft based
at the airport (including 6 helicopters, 5 glid-
ers, and 61 ultralights). The airport‘s hangar
occupancy rate is 100 percent currently.
There is significant demand for the addi-
tional aircraft storage facilities (approximate-
3 Airport Layout Plan, June 2002 p. A-17.
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 35 7 January 2011
11.5.1.2 Fire
New station facilities will be needed to ac-
commodate the growth expected in population
and city boundaries during the planning pe-
riod. Additional personnel would need to be
hired to meet LOS requirements. One facility
would be located within the City‘s perimeter
and would need to meet the five-minute re-
sponse requirement. New equipment would
need to be purchased, in addition, and per-
sonnel would be needed to staff a new station.
Funding strategies need to be identified to
build two Stations, one in Old Town and one in
the Smokey Point area.
11.5.1.3 Police
As the City grows over the next twenty
years, the long-term plan is to include a high
visibility police services office within the
Smokey Point community. This could poten-
tially be incorporated into the proposed Fire
Station and would have a workstation, inter-
view room, and public reception services.
To continue to meet the performance stan-
dards that are the department‘s LOS, es-
sential supplemental accompanying servic-
es would be necessary, including:
A patrol vehicle for every two patrol of-
ficers (including the equipment, wea-
pons, investigative tools and information
technology that make up these highly
capable and equipped vehicles).
Civilian support staff at the ratio of one
to six officers to provide the essential
support work that moves information
and work product through the depart-
ment to meet its mission and legal re-
quirements.
11.5.1.4 Utilities
11.5.1.4.1 Water Utility
Projection. As the City and the surrounding
water service area grow, the City‘s water
demand is expected to increase. Depending
on actual growth rates, water conservation
programs, and operational efficiencies with-
in the utility, peak day demands are pro-
jected to increase approximately: 20 to 23
percent within the next six years; 82 to 91
percent within the next 20 years, and 231 to
249 percent within the next 50 years, rela-
tive to 2008 levels.
The City‘s goal is to assure: water supplies
and treatment and distribution infrastructure
is adequate to meet peak day demands and
in place before it is needed; water quality
regulations are met or exceeded; distribu-
tion system infrastructure is managed and
maintained as assets; and water quality
programs foster consumer confidence and
operational efficiencies.
Deficiencies. As described earlier, water
supplies are adequate to meet both average
and peak day demands on the 6- and 20-
year horizons, though peak day demands at
50 years will require additional water rights.
Nevertheless, a number of deficiencies are
identified in the 2010 WSP which are impe-
diments to the delivery of water to customer
taps. Wells in both the Haller and Airport
well fields are older and in need of refur-
bishing to assure maximum production.
Treatment facilities need to be expanded
(Haller) or constructed (Airport) to maximize
production and remove manganese, a sec-
ondary contaminant with aesthetic effects.
Service pressures and fire flow require-
ments for some existing and proposed de-
velopments (such as the Brekhus-Beach
annexation on Burn Hill) will require addi-
tional creation of additional pressure zones,
including a reservoir, pump station, mains,
and valves. A number of mains could bene-
fit from replacement either because of their
age and construction (older asbestos-
concrete mains) or their size (larger diame-
ters for fire flows). Maintenance programs
such as the exercising of valves should be
expanded, and source water protection and
water conservation programs should be
fully implemented.
Staffing. Approximately ten full-time per-
sonnel would be required to operate the wa-
ter utility and comply with the minimum re-
quirements of the Department of Health, so
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 36 7 January 2011
the Water Department is adequately staffed.
It is anticipated that operational efficiencies
may be achieved to facilitate greater imple-
mentation of maintenance and outreach
programs described above.
Capital Projects. The 2010 WSP identifies
a number of capital improvement projects to
assure sound management of the Water
Utility. Selected projects include:
New and transferred water rights for
Haller and Airport well fields.
Rehabilitation of the existing, aging Air-
port Well, and construction of one or
mor additional wells.
Testing and rehabilitation of the existing
Haller well field for flow rate, pump eff i-
ciency and water aesthetic improve-
ments.
Construction of a treatment facility at the
airport for iron and manganese removal.
Expansion of the Haller WTP and addi-
tional treatment for iron and manganese
removal.
Demolition of the Burn Road Reservoir
and the old WTP.
Additional 2.0 million gallon reservoir for
storage is needed for system redundan-
cy and future store requirements.
General structural (roof) and ventilation
improvements are needed at the Gle-
neagle Reservoir.
Existing water mains will require re-
placement in several areas due to low
fire flows, aging and undesirable mate-
rials.
An additional pressure reducing station
is needed to improve fire flow in a loca-
lized area.
Development and implementation of
numerous water quality programs.
Costs for improvements through 2016 are
estimated at approximately $16M. Im-
provements needed for 2017 through 2030
are estimated at approximately $21M. 11
0-27 WAC: Provided, That current or projected
enrolled students shall not be designated as un-
The City‘s 2010 WSP provides a financial
plan for funding and scheduling many of
these projects. Implementation schedules
have been developed for these facilities
based on the growth expectations lined out
in the plan. However, the actual completion
dates are recognized to be flexible in that
they are linked to the actual rate of growth.
As growth occurs it will be required to share
in whatever costs are required for the utility
to support that growth.
As the City and UGA grow, the City‘s water
demand is expected to increase approx-
imately 16 to 24 percent within the next six
years; it is expected to increase 42 to 58
percent within the next 20 years, depending
on water conservation programs.
During that period, the City‘s goal for sup-
plying water is to exceed the peak day de-
mand requirements by twenty percent, meet
water quality regulations, and begin or en-
large water quality programs and distribu-
tion system maintenance.
Taking into account the City‘s water treat-
ment plant, groundwater wells and whole-
sale water supply, the City has sufficient
water supply to meet demand requirements
until approximately 2014. During this period
the City plans to obtain additional water
rights and/or wholesale water supply to
meet demand as well as improve reliability
within the system.
The above water supply demand require-
ment was forecast prior to action by the Ar-
lington City Council to include approximately
10,000 additional population into the City's
housed for a high school district of application
which has a student enrollment of four hundred
or less in grades nine through twelve, if the stu-
dents involved or affected can be served without
undue inconvenience in a neighboring school, or
schools of larger size and the neighboring
school district has indicated a willingness to
serve, and has the capacity to house the apply-
ing district high school students. (WAC 180-25-
045)
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 37 7 January 2011
UGA. If we take into account the additional
population and update the forecast, the City
has sufficient water supply to meet demand
requirements until 2007. However, it is likely
that time will be extended by a couple of
years since the new population won't be
immediately added to Arlington's UGA.
Based on expressed interest in the pro-
posed UGA addition and anticipated length
of development time, the water supply de-
mand could be sufficient until 2010.
Approximately ten full-time personnel would
be required to operate the water utility alone
in the future according to the Water System
Plan. It states, ―At the current staffing level,
the City is capable of adequately operating
the water system and complying with the
minimum requirement of the Department of
Health. However, the preventive mainten-
ance tasks…have not been accomplished at
the desired frequency…due to the staff
shortage. As the water system expands in
the future, the need for additional staff will
become even greater…‖ 12
There will be a need to improve the water
system to resolve existing system deficien-
cies as well as to accommodate the in-
creased demands created by growth.13 To
meet the criteria mandated by the Depart-
ment of Health as well as City policies and
r a high school district of application which has a
student enrollment of four hundred or less in
grades nine through twelve, if the students in-
volved or affected can be served without undue
inconvenience in a neighboring school, or
schools of larger size and the neighboring
school district has indicated a willingness to
serve, and has the capacity to house the ap-
ing district high school students. (WAC 180-25-
045)
ades nine through twelve, if the students in-
volved or affected can be served without undue
inconvenience in a neighboring school, or
schools of larger size and the neighboring
school district has indicated a willingness to
serve, and has the capacity to house the ap-
ing district high school students. (WAC 180-25-
045)
design criteria, the following measures are
needed:
Based on forecasted population growth,
additional water supply will be needed
as early as 2014 to meet projected de-
mands.
The existing Airport Well needs rehabili-
tation to address aging and general
safety issues. The capacity of the well
will be increased if the City can obtain
additional water rights. The water will
require iron and manganese treatment,
in addition.
Additional reservoir for storage is
needed for system redundancy and fu-
ture store requirements.
The Burn Road Reservoir has reached
its design life and is surrounded by
steep slopes. It needs to be abandoned.
General structural and ventilation im-
provements are needed at the Gle-
neagle Reservoir.
Existing water mains will require re-
placement in several areas due to low
fire flows, aging and undesirable mate-
rials.
An additional pressure reducing station
is needed to improve fire flow in a loca-
lized area.
The existing remote telemetry units
should be upgraded to a radio-based or
fiber-optic based telemetry system.
Property acquisition for future expansion
of water facilities.
Development and implementation of
numerous water quality programs.
Construct shop, storage, and operation-
al facilities
Costs for improvements through 2009 are
estimated at approximately $14,317,000.
Improvements needed for 2010 through
2015 are estimated at approximately
$11,516,000. 14
d without undue inconvenience in a neighboring
school, or schools of larger size and the neigh-
boring school district has indicated a willingness
to serve, and has the capacity to house the ap-
plying district high school students. (WAC 180-
25-045)
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 38 7 January 2011
The City‘s Water Comprehensive Plan de-
tails and funds the additional water supply
needed to accommodate the anticipated
growth. Should these plans be delayed, a
temporary moratorium would be likely until
the supply was acquired and the levels of
service preserved.
Implementation schedules have been de-
veloped for these facilities based on the
growth expectations lined out in the plan.
However, the actual completion dates are
recognized to be flexible in that they are
linked to the actual rate of growth. The in-
tention is acceleration if growth occurs fast-
er, and delay if growth is slow. As growth
occurs it will be required to share in what-
ever costs are required for the utility to sup-
port that growth.
11.5.1.4.2 SewerWastewater Utility
Projection. A projected increased demand
for water capacity will have a somewhat di-
rect correlation to demand for sewer capaci-
ty. The sewer service area is smaller than
the water service area, yet most of the pro-
jected growth within the water service area
is expected to receive sewer service as
well. Consequently, we expect demand for
wastewater capacity to generally follow the
demand presented under Water Utility Pro-
jection above.
The City‘s goal for providing treatment of
wastewater during this period is to operate
without violating any conditions of the
wastewater utility NPDES permit, to reduce
inflow and infiltration into the collection sys-
tem to preserve and extend system capaci-
ty, and to expand maintenance of the collec-
tion system.
Deficiencies. The new wastewater recla-
mation facility (WRF) was designed to ac-
comm odate a peak day flow of 4.3 MGD by
2025 (with membrane expansion when
needed), an increase of 130% over 2005
levels. Compared with the projected in-
crease in water demand of about 91%, the
WRF should not require significant up-
grades. Upgrades are required, however,
for replacement of nearly 10 miles of 40
year old sewer pipe. Many of the lift sta-
tions will require rehabilitation or replace-
ment given current conditions or anticipated
increases in demand. New telemetry at 10
of the 12 lift stations is also desired.
Staffing. It is estimated that approximately
10 full-time personnel would be required to
operate the wastewater utility in the future.
The single additional staff person would
primarily focus on WRF operation, but
would also facilitate expansion of: the pre-
treatment program, collection system main-
tenance, and laboratory analysis to keep up
with compliance sampling for the Wastewa-
ter Department as well as the Stormwater
Departmen.
Capital Projects. The 2008 Comprehensive
Sewer Plan identifies a number of capital
improvement projects beyond the upgrade
and expansion of the WRF to assure sound
management of the Wastewater Utility. Se-
lected projects include:
Lift Station upgrade at #11 and #3
Force main rehabilitation or replacement
at Lift Station #11
Replacement or rehabilitation of Old
Town collection system
Telemetry system upgrades at all Lift
Stations except #1 and #12
Other Lift Station upgrades when re-
quired by growth
Costs for improvements (excluding the WRF
Phase 1 costs) through 2013 are estimated
at approximately $3.1M. Improvements
needed for 2014 through 2020, including the
purchase and installation of additional
membranes, are estimated at approximately
$8.5M. Improvements needed for 2020
through 2025 are estimated at approximate-
ly $3.4M. 15
school district has indicated a willingness to
serve, and has the capacity to house the apply-
ing district high school students. (WAC 180-25-
045)
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 39 7 January 2011
The City‘s 2008 Comprehensive Sewer Plan
provides a financial plan for funding and
scheduling many of these projects. Imple-
mentation schedules have been developed
for these facilities based on the growth ex-
pectations lined out in the plan. However,
the actual completion dates are recognized
to be flexible in that they are linked to the
actual rate of growth.
Growth in the City and UGA is expected to
increase the demand for wastewater capaci-
ty. Although a recent wastewater capacity
analysis has not been completed, it can be
assumed that the projected increased de-
mand for water capacity will have a some-
what direct correlation to demand for water
capacity. The sewer service area is smaller
than the water service area, yet most of the
projected growth within the water service
area is expected to receive sewer service
as well, hence we expect demand for
wastewater capacity to increase approx-
imately 16 to 24% within the next six years,
and 42 to 58% within the next 20 years.
During that period, the City‘s goal for provid-
ing treatment of wastewater is to operate
without violating any conditions of the
wastewater utility NPDES permit, to reduce
inflow and infiltration into the collection sys-
tem to preserve and extend system capaci-
ty, and to expand maintenance of the collec-
tion system.
The City‘s wastewater treatment plant was
constructed to process two million gallons
per day (2 MGD) of wastewater, with the
ability to expand the wastewater treatment
plant capacity to three million gallons per
day (3 MGD) with upgrades to the existing
structures. Because not all aspects of de-
mand on the wastewater treatment plant
have grown at an equal rate, some compo-
nents of the wastewater treatment facility
have reached or exceeded the 2 MGD ca-
pacity. Demand for dissolved oxygen re-
quired that the aeration system for the
SBR‘s be upgraded from 2 MGD to 3 MGD.
This was done in September 2004. Present
solids capacity limitations have also caused
the City to hire an engineering firm to con-
duct a study of short and long term solids
handling improvements, and long term up-
grades to the wastewater treatment plant to
assure compliance with new NPDES permit
limits16.
It is estimated that approximately 13 full-
time personnel would be required to operate
the wastewater utility in the future. Addition-
al personnel will allow the wastewater utility
to expand the wastewater pretreatment pro-
gram, increase the levels of maintenance
performed within the collection system, in-
crease laboratory analysis to keep up with
compliance sampling for the Wastewater
Department as well as the Stormwater De-
partment and possibly the Natural Re-
sources and Water Departments, and pro-
vide sufficient staffing to operate the waste-
water treatment plant when it is upgraded
and expanded.
While the wastewater comprehensive plan
is not yet complete and a detailed analysis
of future capital projects has not been com-
pleted, a rough estimate of the total capital
expenditures through 2011 could exceed 45
million dollars. Those projects include:
Wastewater Treatment Plant Upgrade
and Expansion, including headworks,
secondary treatment, UV disinfection,
effluent pump, outfall, aerobic digestion,
solids handling, laboratory/office, civ-
il/piping, and electrical/instrumentation.
Odor Control at the Headworks, Sludge
Storage Tanks, and Lift Stations
Structure Upgrades
Lift Station Upgrade at #11 and #3
Force Main Rehabilitation or Replace-
ment at Lift Station #11
Replacement or Rehabilitation of Collec-
tion System
GIS Modeling and Data Collection
rict high school students. (WAC 180-25-045)
ients that are in the effluent to address the high
limits that were identified during the TMDL anal-
ysis process. The fixes for nutrients will require
educational as well as capital investments.
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 40 7 January 2011
SCADA System Upgrade
Comprehensive Plan Update
The City has completed preliminary esti-
mates to provide adequate sewer treatment
for the projected growth. Similar to the water
system, should these plans not come to frui-
tion a temporary moratorium would be likely
until the treatment capacity was developed
and the levels of service preserved.
Implementation schedules have been de-
veloped for these facilities based on the
growth expectations lined out in the plan.
However, the actual completion dates are
recognized to be flexible in that they are
linked to the actual rate of growth. The in-
tention is acceleration if growth occurs fast-
er, and delay if growth is slow. As growth
occurs it will be required to share in what-
ever costs are required for the utility to sup-
port that growth.
11.5.1.4.3 Storm DrainageStormwater
Utility
Projection. The growth and densification of
the City, coupled with water quality com-
mitments under receiving water clean-up
plans and new stormwater regulations antic-
ipated in NPDES II stormwater permits to be
reissued in 2012, will increase the need for
infrastructure retrofits, tighter design stan-
dards, increased maintenance, and ex-
panded programmatic efforts in stormwater.
The City‘s goal for managing stormwater
during this period is to eliminate local flood-
ing to the maximum extent practicable, meet
the conditions of the City‘s NPDES II Munic-
ipal Stormwater Permit, and contribute to
the restoration of rivers and streams with
impaired water quality and at-risk fish popu-
lations.
Deficiencies. As indicated in the 2010
Comprehensive Stormwater Plan, the
Stormwater Utility has relatively minor local
flooding issues, but more extensive con-
cerns with the off-site or downstream effects
of stormwater on water quality, natural re-
sources, and the regulatory environment.
Consistent with the dispersed or ―non-point‖
nature of stormwater, many of the capital
projects and program developments identi-
fied in the Plan focus on projects and efforts
that are not merely an infrastructure def i-
ciency.
Staffing. The 2010 Comprehensive Storm-
water Plan estimated utility staff and regula-
tory compliance requirements totaling 2.8
full-time equivalents (FTEs), and provided
for one additional staff person in 2011. Until
the utility is fully staffed, the City intends to
meet permit conditions using existing staff in
various city departments (Engineering, Nat-
ural Resources, Utilities, M&O).
Programmatic efforts required under the
NPDES II permit include, but are not limited
to:
Water quality monitoring of eight or
more stream reaches with impaired wa-
ter quality, and characterization of
stormwater quality from selected out-
falls.
Development and administration of a
Stormwater Management Program with
annual updates to create a city-wide
work plan to achieve permit compliance.
Public education and outreach efforts to
the general public, schools, businesses,
streamside landowners, property man-
agers, contractors, developers, etc.
Public involvement and participation in
the development of the City‘s stormwa-
ter management programs, including
advisory councils, watershed commit-
tees, participation in developing rate
structures, and environmental steward-
ship programs.
Detection, removal, and prevention of
illicit connections, discharges, and im-
proper disposal, including spills, into the
municipal stormwater system.
Develop, implement, and enforce a pro-
gram, to reduce pollutants in stormwater
runoff to a regulated stormwater system
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 41 7 January 2011
from new development, redevelopment
and construction site activities.
Develop and implement an operations
and maintenance (O&M) program that
includes a training component and has
the ultimate goal of preventing or reduc-
ing pollutant runoff from municipal oper-
ations.
Capital Projects. The 2010 Comprehensive
Stormwater Plan identifies a number of
capital improvement projects to assure
sound management of the Stormwater Utili-
ty. Selected projects include:
Construction of the Old Town Stormwa-
ter treatment wetland.
Preparation of a regional stormwater
plan for the recently annexed Island
Crossing neighborhood, which includes
some parcels within the 100-year flood-
plain of the Stillaguamish River.
Permanent gaging and monitoring sta-
tions on Portage and Prairie Creeks.
Replace culvert on Prairie Creek at
BNSF RR and 69th Avenue.
Replace culvert on Kruger Creek at
Burn Road.
Preparation of a regional stormwater
plan for the recently annexed Brekhus-
Beach neighborhood, which includes
numerous critical areas requiring protec-
tion.
Development of a detailed hydrography
(stream and wetland) inventory for the
city.
Replace the Butler outfall draining 280
acres of Old Town and the pending
stormwater wetland.
Replace numerous other culverts on
Portage, Prairie, Kruger, Eagle, Indian,
and Edgecomb Creeks which are con-
strict flows and/or are barriers to fish
passage.
.
Costs for all capital improvements total
nearly $19M. Costs for the selected imple-
mentation alternative total $1M through
2016, another $8M from 2017 through 2030,
and $7M beyond 2030. 17
The City‘s 2010 Comprehensive Stormwater
Plan provides a financial plan for funding
and scheduling many of these projects. Im-
plementation schedules have been devel-
oped for these facilities based on the growth
expectations lined out in the plan. However,
the actual completion dates are recognized
to be flexible in that they are linked to the
actual rate of growth.
The last stormwater comprehensive plan
prepared by the City of Arlington was
adopted in 1995. In 2003, the City had a
preliminary system characterization report
prepared along with an update of the 1995
Capital Improvement Program cost esti-
mates. In 2005 the City began the process
of composing a stormwater comprehensive
plan.
As indicated in the 2003 system characteri-
zation report, the City‘s stormwater goals
are to address the following areas in the
forthcoming stormwater comprehensive
plan: identify city functions that may be af-
fected by the stormwater comprehensive
plan, assess all pertinent regulatory pro-
grams that influence the stormwater utility,
prepare a physical system description, es-
tablish general planning and policies related
to stormwater management, and identify
key issues to consider when developing the
City‘s stormwater management plan.
Initial consideration of the stormwater capi-
tal improvement projects identified in 1995
and updated in 2003 total a little over 8 mil-
lion dollars. The projects identified in 1995
include:
Prairie Creek Dikes, SR9 to confluence
Prairie Creek Bank Stabilization East
Branch, SR9 to 191st Avenue
Krueger Creek Bank Stabilization, Burn
Road from 204th to 196th
17 City of Arlington Comprehensive Stormwater
Plan. October 2010, page 165.
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 42 7 January 2011
Replace Culvert – Portage Creek at 69th
Avenue
Replace Culvert – Portage Creek at
SR9
Replace Culvert – Portage Creek at
186th Avenue
Replace Culvert – Portage Creek up-
stream of Jensen Business Park
Detention Facility – Prairie Creek below
SR9
Detention Facility – Krueger Creek at
196th
Detention Facility – Portage Creek at
186th
Downtown Drainage System Improve-
ments
Downtown Outfall Trunk Line Improve-
ments
67th Avenue Drainage System Improve-
ments
172nd Street Regional Drainage System
Improvements
Downtown Water Quality Facility
Comprehensive Plan Update
Smokey Point Improvements – seven
projects that are scheduled for construc-
tion in 2005.
NPDES II Permitting – Department of
Ecology is in the final stages of implement-
ing a Municipal Stormwater NPDES General
Permit for Western Washington Phase II
Stormwater Systems. When the permit re-
quirement is executed, the City of Arlington
will assume a variety of responsibilities and
will be required to develop and employ a
number of compliance activities. Those ac-
tivities are:
Develop and implement a TMDL moni-
toring Quality Assurance Project Plan
(QAPP).
Include in the Annual Report a TMDL
Summary Implementation Report.
New stormwater discharges must comp-
ly with all applicable surface water,
ground water and sediment manage-
ment standards.
Develop a comprehensive long-term wa-
ter quality monitoring program.
Include water quality monitoring-related
implementation actions in the Annual
Report.
Develop and implement a Stormwater
Management Program. The Stormwater
Management Program shall include the
following:
o Design the program to reduce the
discharge of pollutants and to pro-
tect water quality.
o Develop and implement a public
education and outreach program.
o Include ongoing opportunities for
public involvement through advisory
councils, watershed committees,
participation in developing rate struc-
tures, stewardship programs, envi-
ronmental activities, and other simi-
lar activities.
o Include an ongoing program to
detect, remove, and prevent illicit
connections, discharges, and impro-
per disposal, including spills, into the
municipal stormwater system.
o Develop, implement, and enforce a
program, to reduce pollutants in
stormwater runoff to a regulated
stormwater system from new devel-
opment, redevelopment and con-
struction site activities.
o Develop and implement an opera-
tions and maintenance (O&M) pro-
gram that includes a training com-
ponent and has the ultimate goal of
preventing or reducing pollutant ru-
noff from municipal operations.
Prepare and submit an Annual Report to
Department of Ecology.
11.5.1.5 Maintenance
Additional staff, equipment, and buildings
will be needed to accommodate the growth
expected in population and city boundaries
during the planning period. The current facil-
ities are all expected to remain in the same
locations. Expansion is expected propor-
tional to population growth. A step in this
process was the recent acquisition of the
lease on the parcel directly west of the ex-
isting shop. In addition to the needs for ex-
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 48 7 January 2011
and zoning changes by the city of Marysville
will likely produce more students sooner
than expected and result in a change to
their CFP. They expect the facility needs
timeline to be moved ahead from these ac-
tivities, but have not made any decisions at
this point.29
11.5.5 Snohomish Public Hos-
pital District No. 3
The hospital has experienced dramatic
growth in the past few years. Patient visits
have grown from 33,400 in 1998 to 60,100
in 2004. The Hospital Commissioners are in
the process of evaluating present and future
facility needs with the expectation of a major
remodel and expansion in 2007.
11.6 WHAT WE WOULD
LIKE TO ACHIEVE
11.6.1 Municipal Services
11.6.1.1 City Hall/Government
As discussed in §11.5.1.1, the most critical
need for next 20 years will be to provide
adequate workspace for City staff to meet
the needs and expectations of the Arlington
community. This will most likely be a new
City Hall that will once again join all of the
administrative, financial, community devel-
opment, and engineering functions of the
City into one building. In addition, this facility
will need to include a permanent meeting
facility for the City Council, the City‘s boards
and commissions, and other various com-
munity organizations.
11.6.1.2 Fire
In addition to the general need for facilities,
the Fire department has the following goals:
Build two additional fire stations
Increase apparatus inventory
29 Fred Owyen, Assistant Superintendent, Lake-
wood School District, August 2005
Replace equipment and increase overall
inventory to accommodate two new sta-
tions
Increase staffing level
Provide fire suppression to the Smokey
Point facility
Build Training Facility
11.6.1.3 Police
In addition to the facility and personnel
needs discussed above, the police depart-
ment has the following goals:
Keep up with the evolving information
technology and combine more specialty
services with other regional police part-
ners.
Meet the levels of service as adopted by
the city council
Add a volunteer component that in-
cludes Seniors, Citizen Patrol, Explorer
Scouts and internships
Maintain the agency‘s professional ac-
creditation status
11.6.1.4 Utilities
11.6.1.4.1 Water Utilities
Besides the capital construction projects,
staffing needs, and water capacity needs
discussed earlier, the Water Utility has the
following goals:
Meet the minimum levels of service for
water system maintenance as identified
in the Water Comprehensive Plan.
Continue to earn annual recognition un-
der the Department of Health‘s Treat-
ment Optimization Program for high
quality water.
Implement a water main cleaning pro-
gram to reduce ―brown water‖ com-
plaints due to manganese in the distri-
bution system.
Increase water conservation levels
through an education program and by
providing water conservation
kits.Decrease per capita water demand
by 2 percent in 2014, and by 5 percent
in 2018, relative to 2008 levels, through
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 49 7 January 2011
education, rebate, conservation kit dis-
tribution, and other conservation efforts.
Reduce water lost through leakage by
enacting a leak detection program and
repairing discovered leaks.Maintain dis-
tribution system losses at 5 to 7 percent
of total production, well below the
State‘s 10 percent requirement, by
enacting leak detection and other con-
servation efforts.
Seek grants, loans, and other low-cost
funding opportunities for capital im-
provement projects.
Make substantial progress annually in
Cross Connection Control Program site
surveys. Demonstrate program progress
in the annual cross connection control
reports submitted to the Department of
Health.
Implement an improved source water
protection program to protect the City‘s
investments in the Haller and Airport
well fields.
Promote integrated water management
principles in all of the City‘s functions to
assure the stewardship and sustainabili-
ty of our water resources.
Implement new monitoring requirements
and treatment techniques and conduct
studies and such as required by the
Safe Drinking Water Act.
Assess forthcoming regulatory changes,
develop necessary programs and pro-
cedures, and implement activities as
needed.
Initiate conceptual planning for extend-
ing water distribution infrastructure into
the recently expanded (to the west) wa-
ter service area.
Make substantial progress annually in
Cross Connection Control Program site
surveys as required by Department of
Health. Demonstrate program progress
in the annual cross connection control
report that we are required to submit to
Department of Health.
Seek grants, loans, and other low-cost
funding opportunities for capital im-
provement projects.
Ensure sufficient reserves are main-
tained for emergencies and other unex-
pected conditions.
11.6.1.4.2 SewerWastewater Utility
Personnel needs and capital construction
projects are discussed earlier in this docu-
ment. In addition to those needs, the
Wastewater Utility‘s goals are:
Continue to earn Department of Ecolo-
gy‘s annual Clean Water Award for op-
erating the wastewater utility with no vi-
olations.
Continue the wastewater pretreatment
program to assist in the reduction of
plant upsets, collection system troubles,
and NPDES permit violations.
Seek grants, loans, and other low-cost
funding opportunities for capital im-
provement projects.
Begin developing a market, and subse-
quent distribution system, for reclaimed
water. Take full advantage of the re-
source created with the construction of
the water reclamation facility (WRF).
Implement new monitoring require-
ments, and treatment techniques and
conduct studies and such as required by
the studies operating permit, and other
state and federal regulations such as
Total Maximum Daily Loads and the, In-
stream Flow Rule, or other state and
federal regulations.
Cooperate in a USGS study investigat-
ing emerging contaminants in the Stilla-
guamish basin, and the treatment effi-
ciency of the WRF with these parame-
ters.
Seek grants, loans, and other low-cost
funding opportunities for capital im-
provement projects.
Ensure sufficient reserves are main-
tained for emergencies and other unex-
pected conditions.
11.6.1.4.3 Storm DrainageStormwater
Utility
The City‘s Stormwater Utility is presently in
the process of being developed fully. Staff-
ing needs have not been completely as-
City of Arlington Comprehensive Plan Public Services & Capital Facilities Element
11 - 50 7 January 2011
sessed at this time and a preliminary evalu-
ation of capital construction projects is dis-
cussed earlier, along with a list of items that
must be accomplished according to the
NPDES II permit rules. The capital construc-
tion projects and staffing needs of the
Stormwater Utility are discussed earlier in
this document. In addition, the Stormwater
Utility has the following goals:
Complete, adopt, and implement the
Stormwater Comprehensive Plan.
Meet the requirements conditions of the
NPDES Phase II permit Municipal
Stormwater Permit.
Fund the utility.
Seek grants, loans, and other low-cost
funding opportunities for capital im-
provement projects.
Implement new monitoring require-
ments, and treatment techniques, and
conduct studies and such as required by
the stormwater discharge permit, or oth-
er state and federal regulations the stu-
dies such as Total Maximum Daily
Loads and the, In-stream Flow Rule, or
other state and federal regulations.
Assess forthcoming regulatory changes,
develop necessary programs and pro-
cedures, and implement activities as
needed.
Increase levels of service and mainten-
ance.
Ensure sufficient reserves are main-
tained for emergencies and other unex-
pected conditions.
Conduct GIS and stormwater modeling ac-
tivities to provide an accurate analysis of
our stormwater collection, conveyance
and treatment system and related facili-
ties and to provide electronic infrastruc-
ture information for quick reference dur-
ing emergency situations and to improve
quality and speed of providing informa-
tion to our customers.
Continue to develop a stormwater strat-
egy that reduces the negative impacts to
the natural drainages and aquatic habi-
tats that occurred during early develop-
ment.
Develop a solid stormwater strategy that
minimizes the combining of engineered
stormwater systems and natural hydro-
logic systems, but rather design an en-
gineered system that supports and mim-
ics the natural systems that may even-
tually flow in to.
Utilize Low Impact Design standards
that provide stormwater benefits and
support naturally occurring functions si-
multaneously.
Assure that the Stormwater Compre-
hensive Plan and implementation is im-
plemented to address the Endangered
Species Act requirements.
Encourage the implementation of the
recommendations found in the Stillagu-
amish Chinook Recovery Watershed
plan.
Develop programs such as public educa-
tion and outreach, public involvement
and participation, illicit discharge detec-
tion and elimination, controlling storm-
water runoff, pollution prevention and
operation and maintenance, as specifi-
cally required by and to comply with re-
quirements of the Phase 2 NPDES per-
mit.
Adopt and implement a stormwater rate
structure.
Design and construct treatment wetlands
and other amenities at the Butler proper-
ty.
Revise and adopt the 2002 Department of
Ecology Stormwater Manual.
Update standards and specifications to re-
flect current industry standards and to
meet regulatory requirements.
Increase residential and business aware-
ness of harmful discharges to the
stormwater system and the resulting
damages to infrastructure and natural
resources.
Write and adopt any ordinances necessary
to carry out the goals and mandates of
the stormwater utility and to provide for
enforcement and penalty when needed.
Increase the frequency of maintenance for
the stormwater collection, conveyance
and treatment systems.
Chapter 12:
Other Related Plans Adopted
by Reference
12.1 PURPOSE OF THIS CHAPTER .............................................................................. 12-1
12.2 SEWER COMPREHENSIVE PLAN ......................................................................... 12-1
12.3 WATER COMPREHENSIVE PLAN ......................................................................... 12-1
12.4 STORMWATER MANAGEMENT COMPREHENSIVE PLAN ......................................... 12-3
12.5 ECONOMIC DEVELOPMENT PLAN ...................................................................... 12-43
12.6 AIRPORT MASTER PLAN .................................................................................. 12-43
12.7 SHORELINE MASTER PLAN ................................................................................. 12-6
12.8 ARLINGTON SCHOOL DISTRICT CAPITAL FACILITIES PLAN .................................... 12-6
12.9 LAKEWOOD SCHOOL DISTRICT CAPITAL FACILITIES PLAN .................................. 12-76
12.10 SNOHOMISH COUNTY SOLID W ASTE MANAGEMENT PLAN .................................. 12-76
City of Arlington Comprehensive Plan Other Plans Adopted by Reference
12 - 1 5 December 20057 January 2011
12 Other Related Plans Adopted by
Reference
12.1 PURPOSE OF THIS
CHAPTER
There are several Comprehensive Plans
developed independently of this document
that nevertheless work in tandem with it and
are therefore considered a part of this Com-
prehensive Plan. When these documents
are created and/or updated, information
from this plan is used in formulating them or
vice-versa.
The following plans are hereby adopted by
reference as a part of this plan.
12.2 SEWER
COMPREHENSIVE PLAN
The City of Arlington's sanitary sewer sys-
tem is a major infrastructure, much of which
is imperceptible to the people that discharge
waste to it. The sanitary sewer system re-
quires qualified staff to operate and main-
tain it, and an ongoing capital improvement
program to replace old components to meet
the requirements mandated by federal and
state laws. The primary purposes of the City
of Arlington Comprehensive Sewer System
Plan is are:
To evaluate existing sewer flow data
and project future flows.
To analyze the existing sewer system to
determine if it meets minimum require-
ments mandated by DOE and the City’s
own policies and design criteria.
Determine the overall reliability and vul-
nerability of existing wastewater lift sta-
tions.
To identify sewer system improvements
that will resolve existing system defi-
ciencies and accommodate future needs
of the system for at least 20 years into
the future.
To prepare a schedule of improvements
that meets the goals of the City’s finan-
cial program.
The City of Arlington Comprehensive Sewer
Plan is presently being updated and should
be completed in early 2006 was last up-
dated in September 2008. Although not
completed, the The Plan is expected to
presents a description of the existing sewer
system and service area, a forecast of fu-
ture sewer demands, policies and design
criteria for sewer system operation and im-
provements, the operations and mainten-
ance program, staffing requirements, a
schedule of improvements, and a financial
plan to accomplish the improvements. The
Plan should also includes several ancillary
elements such as sludge management, sol-
ids handling and wastewater pretreatment
programs, and NPDES and other permitting
requirements flow monitoring and discus-
sion of three preliminary alternatives for ex-
panding the service area west of Interstate
5.
12.3 WATER
COMPREHENSIVE PLAN
The City of Arlington's water system is a
major infrastructure, much of which is invisi-
ble to the people that receive water from it.
The water system requires qualified staff to
operate and maintain it, and an ongoing
capital improvement program to replace old
components to meet the requirements man-
dated by federal and state laws. The prima-
ry purpose of the City of Arlington Compre-
hensive Water System Plan (WSP) areis:
City of Arlington Comprehensive Plan Other Plans Adopted by Reference
12 - 2 5 December 20057 January 2011
To evaluate existing water demand data
and project future water demands.
To analyze the existing water system to
determine if it meets minimum require-
ments mandated by DOH and the City’s
own policies and design criteria.
To identify water system improvements
that resolve existing system deficiencies
and accommodate future needs of the
system for at least 20 years into the f u-
ture.
To prepare a schedule of improvements
that meets the goals of the City’s finan-
cial program.
To evaluate past water quality and iden-
tify water quality improvements, as ne-
cessary.
To document the City’s operations and
maintenance program.
To prepare conservation, emergency
response, cross connection control,
wellhead and watershed protection, and
water quality monitoring plans.
To comply with all other water system
plan requirements of DOH.
This plan complies with Washington State
Department of Health (DOH) regulations
under WAC 246.290.100, which requires
water purveyors to update their water sys-
tem plans every six years. The City’s cur-
rent City of Arlington Water System Com-
prehensive Plan WSP was last updated in
November 2010 and is pending DOH ap-
proval, after which it will be adopted by Ar-
lington City Council (anticipated February
2011). The current WSP was approved by
DOH in August 2004 and adopted by Arling-
ton the City Council in August 2005.
The Comprehensive Water System Plan
WSP presents a description of the existing
water system and service area, a forecast of
future water demands, policies and design
criteria for water system operation and im-
provements, the operations and mainten-
ance program, staffing requirements, a
schedule of improvements, and a financial
plan to accomplish the improvements. The
Plan WSP also includes several ancillary
elements, which include a water conserva-
tion plan, a water quality monitoring plan, a
wellhead protection plan, and an emergency
response plan.
The existing water system was evaluated
to determine its ability to meet the policies
and design criteria of the City and those
mandated by the Department of Health. The
results of the evaluation are summarized
below.
The City has sufficient water supply to
meet the demands of the existing water
system customers. However, additional
water supply will be needed as early as
2014 to meet the projected demands of
the system based on the forecasted
population growth.
The existing Airport Well need rehabili-
tation related to the aging structure and
general safety issues. If the City can ob-
tain additional water rights for the well,
the capacity of the well will be increased
and the water will require iron and man-
ganese treatment.
Additional storage is needed for system
redundancy and for future storage re-
quirements related to growth.
The Burn Road Reservoir is surrounded
by steep slopes and is reaching its de-
sign life. Abandonment of the storage
reservoir is necessary.
General structural and ventilation im-
provements are necessary at the Gle-
neagle Reservoir.
Several areas of system require re-
placement of existing water main to re-
solve deficiencies related to low fire
flows, aging water main, and undesira-
ble materials.
An additional pressure reducing station
is needed to improve fire flow in a loca-
lized area.
The existing remote telemetry units are
linked to the master telemetry unit with
leased telephone lines and should be
upgraded to a radio-based or fiber-optic
based telemetry system.
City of Arlington Comprehensive Plan Other Plans Adopted by Reference
12 - 3 5 December 20057 January 2011
Improvements to the water system are ne-
cessary, primarily to resolve existing system
deficiencies, but also to accommodate the
increase in water demands from future
growth. Improvements identified for the first
six years of the capital improvement pro-
gram (2004-2009) are estimated to cost ap-
proximately $14,317,000, which results in
an average expenditure of approximately
$2,386,000 per year. Improvements in the
following six years (2010-2015) are esti-
mated to cost approximately $11,516,000.
The financial analysis is intended to illu-
strate the feasibility of funding the operation
and maintenance and capital improvements
recommended for the water system for the
next six years. The first six years of capital
improvements can be funded from a combi-
nation of sources that include low interest
Public Works Trust Fund loans, connection
charges, rates and reserves. The cost of
operating the water system and funding
capital improvements over the upcoming six
years will require an increase in rates and
connection charges.
12.4 STORMWATER
MANAGEMENT
COMPREHENSIVE PLAN
The City of Arlington's municipal separate
storm sewer system (MS4) is a major infra-
structure, much of which is imperceptible to
the people whose daily activities result in
the discharge of waste materials, through
stormwater, to surface and ground water
within the City. The MS4 requires qualified
staff to operate and maintain it, and an on-
going capital improvement program to re-
place old components to meet the require-
ments mandated by federal and state
laws. The primary purpose of the City of Ar-
lington Comprehensive Stormwater Plan is:
To assure the safety and protection of
citizens and their property from flooding.
To help assure the regulatory provisions
of the NPDES II Municipal Stormwater
Permit are fully met.
To facilitate the recovery of receiving
waters whose quality is currently im-
paired with regard to aquatic life and
habitat, and is currently unsafe with re-
gard to human contact recreation.
These water clean-up plans are formally
known as Total Maximum Daily Loads.
To protect from contamination and re-
duce the treatment costs of the ground-
waters and surface waters on which the
City depends for its potable water
supply.
To facilitate the recovery of aquatic spe-
cifies whose populations are depleted
and are listed as Threatened under the
Endangered Species Act.
The City of Arlington has many programs
and activities in place to protect the quality
of surface waters and groundwater. The
City developed a stormwater comprehen-
sive plan in 1995 that addressed both the
management of stormwater quantity and
quality (local flooding or stormwater pollu-
tion problems). The City regulates stormwa-
ter impacts through its stormwater ordin-
ance (Ordinance No. 1266) adopted by the
City Council on September 4, 2001, and will
soon begin to finance stormwater capital
facilities through the implementation of a
stormwater utility authorized by the same
ordinance. Because the regulatory environ-
ment has changed since 1995, particularly
with respect to endangered species and the
National Pollutant Discharge Elimination
System (NPDES) Phase II stormwater dis-
charge permit for small municipalities, the
City is obligated to re-visit its stormwater
management plan to ensure that spending
on capital facilities is focused on appropriate
goals.
City of Arlington Comprehensive Plan Other Plans Adopted by Reference
12 - 4 5 December 20057 January 2011
The City’s Comprehensive Stormwater Plan
was last updated in October 2010 and
adoption by Arlington City Council is pend-
ing (anticipated February 2011). The prior
plan was last prepared in 1995. The Plan
presents: a review of issues driving storm-
water management within the City; a de-
scription of the physyical environment in-
fluencing stormwater in the City; an evalua-
tion of the MS4, by subbasins, and its needs
for correcting existing deficiencies, or ac-
commodating anticipated growth; an evalua-
tion of staffing requirements to meet regula-
tory programs required under the stormwa-
ter discharge permit; a description and
schedule of improvements, and a financial
plan to accomplish the improvements. The
City of Arlington is in the process of updat-
ing its Stormwater Management Compre-
hensive Plan. The expected completion
date of the Plan is May 2006. Several f Fe-
deral and, state, and local regulatory pro-
grams that are addressed through imple-
mentation of this management of both sur-
face and groundwater in the Arlington area
will affect preparation of the Stormwater
Management Comprehensive Plan include.
Some of the most pertinent regulations and
programs are:
Federal Clean Water Act NPDES re-
quirements.
Federal Clean Water Act total maximum
daily load (TMDL) requirements, for the
Stillaguamish River and the Quilceda-
Allen watershed.
Federal Safe Drinking Water Act sole
source aquifer and wellhead protection
requirements.
Federal Endangered Species Act.
State Water Quality Standards.
State Stillaguamish In-stream Flow Rule
(State).
State Underground Injection Control
program.
State GMA requirements.
State Centennial Clean Water Fund
grant requirements.
12.5 ECONOMIC
DEVELOPMENT PLAN
The Arlington Economic Development Plan,
adopted in October 2005, is a blueprint of
action items designed to give guidance to
the City in terms of proactive steps the City
can take to increase economic develop-
ment. See §10.4.2, Economic Development
Plan, for a description of the plan, and
§10.5.3, Specific Actions from the Economic
Development Plan, for a description of
these action items.
12.6 AIRPORT MASTER
PLAN
The Arlington City Council adopted the Ar-
lington Municipal Airport Master Plan in
1995. The Master Plan currently in use was
revised in June of 2002. This was due in
part by the Federal Aviation Administration's
(FAA) request to show the Fly-In and Arling-
ton Aeronautical Development land use
plans. Its revision cycle is every five to six
years. The report determined the short-, in-
termediate-, and long-range needs for facili-
ties at Arlington Municipal Airport.
The planned improvements recommended
therein were intended to:
Allow Arlington Municipal Airport to con-
tinue to serve the general aviation and
aviation-related needs of the area.
Continue to provide those facilities
needed to serve the traditional users of
the Airport.
Permit the continued development of the
Airport to serve potential increases in
the services required.
Maintain a high degree of flexibility in
design so that future changes in the de-
signation of the Airport and needs of po-
tential users can be accommodated.
The Master Plan report includes a determi-
nation of the anticipated growth to be expe-
City of Arlington Comprehensive Plan Other Plans Adopted by Reference
12 - 5 5 December 20057 January 2011
rienced at Arlington Municipal Airport and
an evaluation of the ability of the existing
facilities to accommodate this demand.
In preparing the scope and direction for the
Master Plan, it was determined that given
the context which the Arlington Airport is
currently operating within, it would be ne-
cessary to analyze four different operational
alternatives, or roles, which the Airport
might be expected to serve over the speci-
fied planning period. The four roles, which
were analyzed as part of this master plan-
ning effort included:
Remaining in its traditional role as a
general aviation-only facility. The Airport
would then respond to the forecasted
needs of the user group.
Expanding the role of the Airport to pro-
vide regional commuter passenger ser-
vice. The Airport would assume regional
commuter passenger service and exist-
ing facilities would be provided to ac-
commodate aircraft such as the Fair-
child Metroliner, or Dornier 328.
Promoting the Airport as an aviation-
related industrial facility. The Airport
would assume an industrial air cargo
role and would provide the necessary
facilities to accommodate aircraft such
as the Bae 146-100 cargo aircraft.
Promoting the Airport as a business and
corporate aviation facility. The Airport
would assume a business/corporate role
and would provide the necessary im-
provements to accommodate aircraft
such as the IAI 1125 Westwind business
jet.
The traditional role of the Arlington Munici-
pal Airport is that of a general aviation (GA)
facility. This was determined after consider-
ation of all of the data and analyses pre-
sented during the preceding elements of the
Master Plan update. In addition, and after
much consideration, the Arlington Master
Plan Advisory Committee unanimously
chose the role to remain as a traditional
general aviation airport, including support of
business/corporate aircraft uses. The fore-
casts generated for each of the four opera-
tional scenarios were then used to deter-
mine whether or not existing facilities at the
Airport would be sufficient to accommodate
the forecast growth activity. The Advisory
Committee's recommendations were pre-
sented to both the Arlington Airport Com-
mission and the Arlington City Council for
review and approval. The Commission and
the Council both voted unanimously in sup-
port of the Advisory Committee's recom-
mendations, and the Airport Layout Plan
was further refined to support these deci-
sions. Hence, the Airport remains in its tra-
ditional GA role and existing facilities will
respond to the forecasted needs of the user
group.
The Master Plan is comprised of the follow-
ing:
Airport Activity Forecasts
Facility Requirements
Development Concepts and Alternative
Analysis
Airport Environs Land Use Plan and
Noise Analysis
Airport Plans and Development Program
Forecasting is the key element in the plan-
ning process. Forecasts are essential for
analyzing existing airport facilities and iden-
tifying future needs and requirements for
these facilities. Historic and existing airport
activity plays an important role in determin-
ing future activity. Historically, the socioeco-
nomic conditions of a particular region im-
pact aviation activity within that region. Lo-
cal and itinerant operations as well as
based aircraft at the field help to project fu-
ture operations. The amount and kind of
aviation activity occurring at an airport is
dependant upon many factors, but are
usually reflective of the services available to
aircraft operators, the businesses located
on the airport or within the community, and
the general economic conditions prevalent
within the surrounding area. The most often
analyzed indicators are population, em-
ployment, and income.
City of Arlington Comprehensive Plan Other Plans Adopted by Reference
12 - 6 5 December 20057 January 2011
The ability of an airport to accommodate the
existing and forecasted aviation activity is
primarily a function of the major aircraft op-
erating surfaces that compose the facility
and the configuration of those surfaces
(runways and taxiways). Facility require-
ments are also related to and considered in
conjunction with weather conditions, the
surrounding airspace, the availability and
type of navigational facilities, and the type
and amount of landside access.
Development Concepts and Recommenda-
tions are presented in the Master Plan in
terms of both their concept and reasoning.
Therefore, several basic assumptions have
been established, which are intended to di-
rect the future expansion of airport devel-
opment. These assumptions are supported
by the aviation activity forecasts and include
a commitment for continued Airport expan-
sion, which supports the need of the region
and thus generates economic development.
The Airport Environs Land Use Plan and
Noise Analysis was developed due to the
following. The relationship between airports
and surrounding land uses is a very sensi-
tive issue in most communities today.
Hence, it must be carefully monitored and
regulated to avoid future airport/community
conflicts. Land use planning considerations
set forth in this document are intended to
present clear and concise recommendations
regarding the ownership and development
of land within the Arlington Municipal Airport
influence area. Interested parties would in-
clude homeowners and buyers, homebuild-
ers, developers, area representatives, and
local jurisdiction having land use control au-
thority.
The two primary issues associated with land
use planning in the vicinity of airports are
safety and noise. The issue of safety per-
tains to both public on the ground and the
public involved with the flight operation. The
issue of noise is related to the operation of
an aircraft and its impact upon the surround-
ing influence area of the airport.
The Washington State Growth Management
Act (GMA), requires that the comprehensive
plan of each county and city that plan under
the GMA, include a process for identifying
and siting essential public facilities. Airports
are designated as essential public facilities
within the State of Washington; therefore,
the implementation of both land use and
development controls is vested within the
authority of local city, county, or state gov-
ernments and they are responsible for en-
suring compatible land use and appropriate
zoning requirements around airports.
Under the Airport Plans and Development
Program, the plan for the future develop-
ment of Arlington Municipal Airport has
evolved from an analysis of numerous con-
siderations. Among these are: aviation de-
mand, aviation activity forecasts, aircraft
operational characteristics, facility require-
ments, and environmental considerations. In
addition, the general direction or thrust of
future airport development, as expressed by
the City of Arlington and as characterized in
the statement of goals, served as a basis for
this airport planning process.
12.7 SHORELINE MASTER
PLAN
The City has adopted the 1974 Snohomish
County Shoreline Management Master Pro-
gram as its Shoreline Master Plan, though it
has been amended numerous times. Truth
told, it is a very old document and complete-
ly out of line with today’s laws and sensibili-
ties. The City is required under state law to
update its shoreline plan by 2009.
12.8 ARLINGTON SCHOOL
DISTRICT CAPITAL
FACILITIES PLAN
The Arlington School District is required to
prepare a 6-year Capital Facilities Plan
City of Arlington Comprehensive Plan Other Plans Adopted by Reference
12 - 7 5 December 20057 January 2011
every two years. Based on projected
growth, this plan details the projected capi-
tal facilities the district will need to provide
the required educational services. Every two
years the district applies for a Comprehen-
sive Plan amendment through the City so as
to incorporate their latest plan. It is on this
plan that school impact fees are based.
12.9 LAKEWOOD SCHOOL
DISTRICT CAPITAL
FACILITIES PLAN
The Lakewood School District is required to
prepare a 6-year Capital Facilities Plan
every two years. Based on projected
growth, this plan details the projected capi-
tal facilities the district will need to provide
the required educational services. Every two
years the district applies for a Comprehen-
sive Plan amendment through the City so as
to incorporate their latest plan. It is on this
plan that school impact fees are based.
12.10 SNOHOMISH
COUNTY SOLID WASTE
MANAGEMENT PLAN
Arlington is signatory to this plan and our
solid waste planning is completed in con-
junction with Snohomish County; this is our
official solid waste planning document.
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SR
530
51ST AVE NE
SR 530
E BURKE AVE
N OLYMPIC AVE
211TH PL NE E HIGHLAND DR
47TH AVE NE
PIONEER HWY E
186TH ST NE
204TH ST NE
67TH
AVE
NE
188TH ST NE
SR 531
CEMETERY RD
59TH AVE NE
MCELROY RD
SR 531
N WEST AVE
SMOKEY POINT BLVD
SMOKEY POINT BLVD
SR 9
SR
9
TVEIT RD
TVEIT
RD
BURN RD
North Fork
Stillaguamish River
Stillaguamish River North Fork Stillaguamish River
Olson Lake
City of Arlington
Cartographer:
File Name:
UGALandUseAmend_24x36_10(Graafstra).mxd
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or im plied, including but not lim ited to w arranties of suitabilityfor a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indem nify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracyor correctness of the data, or the use of the data presented in the maps.
Proposed UGA Land UseAmendments
Date:
Stream courses, waterbo dies (2009) Snoho mish C ounty Dept of In formation Syste ms GIS d ata se t.
Pa rce ls d ownlo aded from Snoh omish County Assessor's FTPsite 201 0.
Legend
D D D D D D D D
D D D D D D D D
D D D D D D D D
D D D D D D D D
D D D D D D D D
D D D D D D D DSR 530E BURKE AVE
E DIVISION ST
P/SPP/SP
RHD
OTRD
OTBD- 2
OTBD - 3
RMD
RHD
NC
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RLM D = L o w to Mo de ra te De n sity Reside ntial
RMD = Mo d era te Den sity Re side n tial
RHD = High De n sity Reside ntial
OT RD = Old To wn Re sid en tia l Distr ict
NC = Ne ig h bo rh oo d Com m e rcia l
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OT BD - 2 = Old To wn Bu sin ess District 2
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D D D D D
D D D D D
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GC = Gen e ral Co m m ercial
HC = High wa y Com m er cia l
BP = Bu sin e ss Par k
LI = L ig ht Ind u strial
GI = Ge ne ra l In du str ia l
P/SP = Pu blic/Se mi-Pu b lic
MS = M ed ica l Se rvice s
AF = Avia tion F lig htlin e
Boundaries & Transportation
Arlin gton_polygon
Sta te H igh way
Sta te R o ute
Arte ria l
Co lle cto r
Arlin gton UGA
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11/04/10
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SR
530
51ST AVE NE
SR 530
E BURKE AVE
N OLYMPIC AVE
211TH PL NE E HIGHLAND DR
47TH AVE NE
PIONEER HWY E
186TH ST NE
204TH ST NE
67TH
AVE
NE
188TH ST NE
SR 531
CEMETERY RD
59TH AVE NE
MCELROY RD
SR 531
N WEST AVE
SMOKEY POINT BLVD
SMOKEY POINT BLVD
SR 9
SR
9
TVEIT RD
TVEIT
RD
BURN RD
North Fork
Stillaguamish River
Stillaguamish River North Fork Stillaguamish River
Olson Lake
City of Arlington
Cartographer:
File Name:
UGAZoningAmend_24x36_10(Graafstra).mxd
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or im plied, including but not lim ited to w arranties of suitabilityfor a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indem nify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracyor correctness of the data, or the use of the data presented in the maps.
Proposed UGA ZoningAmendments
Date:
Stream courses, waterbo dies (2009) Snoho mish C ounty Dept of In formation Syste ms GIS d ata se t.
Pa rce ls d ownlo aded from Snoh omish County Assessor's FTPsite 201 0.
Legend
D D D D D D D D
D D D D D D D D
D D D D D D D D
D D D D D D D D
D D D D D D D D
D D D D D D D DSR 530E BURKE AVE
E DIVISION ST
P/SPP/SP
RHD
OTRD
OTBD- 2
OTBD - 3
RMD
RHD
NC
RLMD
OTBD - 3
P/SP P/SP
OTBD - 3
P/SP
Curr ent C it y a nd UG A Zo ni ng
Amen d pre zo n ing d esi gn atio n of RL MDto P/SP for Gr aafstra Lo wl and s U GA SR = Su rb u rba n Re sid en tia l
RLM D = L o w to Mo de ra te De n sity Reside ntial
RMD = Mo d era te Den sity Re side n tial
RHD = High De n sity Reside ntial
OT RD = Old To wn Re sid en tia l Distr ict
NC = Ne ig h bo rh oo d Com m e rcia l
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!!!!!OT BD - 1 = Old To wn Bu sin ess District 1
OT BD - 2 = Old To wn Bu sin ess District 2
D D D D D
D D D D D
D D D D D
D D D D D OT BD - 3 = Old To wn Bu sin ess District 3
GC = Gen e ral Co m m ercial
HC = High wa y Com m er cia l
BP = Bu sin e ss Par k
LI = L ig ht Ind u strial
GI = Ge ne ra l In du str ia l
P/SP = Pu blic/Se mi-Pu b lic
MS = M ed ica l Se rvice s
AF = Avia tion F lig htlin e
Boundaries & Transportation
Arlin gton_polygon
Sta te H igh way
Sta te R o ute
Arte ria l
Co lle cto r
Arlin gton UGA
th
11/04/10
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT E
COUNCIL MEETING DATE:
January 24, 2011
SUBJECT:
Creation of a new Chapter in the Municipal
Code to recoup court costs - AMC Chapter
3.xxx – Crime Prevention Funding
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- AMC Chapter 3.xxx
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: General Fund – Criminal Justice
LEGAL REVIEW: City Attorney has completed his review.
DESCRIPTION:
Staff is proposing adding a new chapter to AMC Title 3 which will allow the City to recoup
some of the court filing fees. The City of Marysville currently has a similar ordinance in place
that generates some income to offset court filing fees and costs currently borne by the City
alone.
In any case where an accused has been convicted of a misdemeanor or gross misdemeanor crime in
Arlington Municipal Court (operated by Marysville Municipal Court), there will be, in addition to
any fine levied, a penalty in the amount of fifty dollars ($50.00) per charge. The penalty is non-
suspendable and will be deposited into the General Fund to offset criminal justice and policing costs.
HISTORY:
The City has been updating the Arlington Municipal Code over the course of the past year. The
project should be complete and the AMC completely updated in a searchable format on the
City’s website.
The City has contracted with Marysville for Municipal Court services since 2002.
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time. Council will be asked to approve the proposed ordinance at the February
7, 2011 Council meeting.
ORDINANCE NO. 2011--xxx
ORDINANCE NO.
2011 – xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
CREATING A NEW CHAPTER 3.86 OF THE ARLINGTON
MUNICIPAL CODE RELATING TO CRIME PREVENTION FUNDING
WHEREAS, in connection with the City's enforcement of criminal violations of the
Arlington Municipal Code, the City expends substantial resources on police services and crime
prevention activities; and
WHEREAS, because of the substantial costs incurred by the City as a result of persons
violating the law, it is appropriate that those individuals who have been convicted of criminal
misdemeanor and gross misdemeanor violations of the Municipal Code be responsible for the
costs incurred by the City's taxpayers because of such criminal conduct; and
WHEREAS, it is appropriate that the City provide for a cost funding mechanism, to be
imposed on individual convicted of criminal misdemeanor and gross misdemeanor violations of
the Municipal Code to help pay for the police services involved in crime prevention.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.
The purpose of this ordinance is to create a new chapter in the Arlington Municipal Code
Purpose
establishing Crime Prevention Funding as a line-item in the General Fund budget.
Section 2. Creation of Chapter 3.86 of the Arlington Municipal Code
A new chapter 3.86 of the Arlington Municipal Code is hereby created to read as
.
follows:
Chapter 3.86
CRIME PREVENTION FUNDING
Sections:
3.86.010 Fund Created
3.86.020 Sources of Crime Prevention Funding – Contribution Required
3.86.030 Expenditures
3.86.010 Fund Created.
There is created and established within the General Fund budget of the City of Arlington a
separate line-item to be known as CRIME PREVENTION FUNDING.
3.86.020 Source of Crime Prevention Funding - Contribution Required.
1. In any case where an accused has been convicted of a misdemeanor or gross
misdemeanor crime in Arlington Municipal Court, there shall be, in addition to any fine
ORDINANCE NO. 2011--xxx
levied, a penalty in the amount of fifty dollars ($50.00) per charge, which penalty shall be
non-suspendable, and which shall be deposited into the Crime Prevention Fund line-item.
The fact that this penalty is imposed on each charge shall not in any way reduce the
obligation of the accused to pay any other cost, fine or penalty prescribed by the court.
2. For the purposes of subsection (1) of this section a conviction shall include a deferred
prosecution, deferred sentence or guilty finding.
3.86.030 Expenditures.
Monies deposited in to this line item fund shall be used for funding Police and administration of
justice projects and activities geared towards crime prevention, including but not limited to:
publications and dissemination of crime prevention information and for funding of other crime
prevention projects and purposes, and for general police activities responding to and addressing
the effects of crime within the community, and for any other purposes geared to improve
administration of the criminal justice system, as determined and approved by the City Council.
Section 3. Severability
. If any section, subsection, sentence, clause, phrase or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of
any other section, subsection, sentence, clause, phrase or word of this ordinance.
Section 4. Effective Date
. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 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
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT F
COUNCIL MEETING DATE:
December 13, 2010
SUBJECT:
Update of AMC Chapter 5.12 – Vehicles for
Hire
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- AMC Chapter 5.12 with strikeouts
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney review is pending.
DESCRIPTION:
Staff is proposing a revision of the current AMC Chapter 5.12 which addresses vehicles for hire
operating in the City. The rewrite provides for a clear process for application, issuance, denial,
and revocation of licenses issued to those operating vehicles for hire.
This chapter was originally adopted in 1950 and was last revised in 1959.
HISTORY:
The City has been updating the Arlington Municipal Code over the course of the past year. The
project should be complete and the AMC completely updated in a searchable format on the
internet.
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time. Council will be asked to adopt an ordinance reflecting the recommended
revisions at the February 7, 2011 Council meeting.
Chapter 5.12 - VEHICLES FOR HIRE >>
Chapter 5.12 - VEHICLES FOR HIRE
Sections:
5.12.010 - Definitions.
5.12.020 - Taxicab operation—Compliance with conditions—License required.
5.12.030 - License fee.
5.12.040 - Taxi stand designation.
5.12.050 - Inspection of vehicles.
5.12.060 - Driver's license requirement.
5.12.070 - Allowing felon or intoxicated person to drive unlawful.
5.12.080 - Additional passengers.
5.12.090 - Cruising unlawful.
5.12.100 - Twenty-four hour schedule—Operator availability.
5.12.110 - Records.
5.12.120 - Revocation of license.
5.12.130 - Operator—Qualifications.
5.12.140 - Operator—Identification.
5.12.150 – Fare payment.
5.12.160 – Violations – Penalty.
5.12.010 - Definitions.
(a)
"For hire car" wherever used in this chapter means and includes every motor
vehicle having a seating capacity of seven passengers or more, as per
manufacturer's rating, used for the transportation of passengers for hire, and not
operated exclusively over a fixed and defined route.
(b)
"Person" wherever used in this chapter means and includes natural persons of
either sex, firms, copartnerships, associations, and corporations, whether acting
by themselves, by servant, agent or employee. The singular number includes the
plural and the masculine pronoun includes the feminine and neuter.
(c)
"Taxicab" or "taxi" wherever used in this chapter means and includes every
motor vehicle having a seating capacity of six passengers or less, as per
manufacturer's rating, used for the transportation of passengers for hire, and not
operated exclusively over a fixed and defined route.
5.12.020 - Taxicab operation—Compliance with conditions—License required.
It is unlawful to operate any taxicab upon the streets of Arlington until any
person owning or operating said taxicab has first complied with the following
conditions:
(1)
Comply with all the laws of the state relating to the operation of taxicabs,
and obtain a permit from the director of licenses of the state for the
operation of said taxicab;
(2)
File the required bond or liability insurance with the director of licenses
of the state, as is now or may hereafter be required by law;
(3)
Have on file with the city clerk of the city a receipt from the insurance
company showing payment of the premium upon such bond or liability
insurance required to be filed with the director of licenses of the state,
together with a copy of such bond;
(4)
Have paid all license fees due to the state or city; providing this section
shall not apply to any taxicab entering the city for the purpose of
discharging passengers who have entered said taxicab at points outside
the corporate limits of the city;
(5)
A person owning or operating any of the vehicles defined in Section
5.12.010 (a) and (c) shall first secure a license to do so from the city
clerk, obtained in the following manner:
(A)
The applicant shall upon blanks provided for the purpose by the
city clerk, furnish full information concerning ownership; the
number and classification of vehicles to be operated; the name,
fictitious or otherwise, under which the applicant intends to
operate; and such other information as may be deemed necessary
for proper supervision and the public good,
(B)
If it appears from the information obtained that the applicant has
met all of the requirements of this chapter, that the vehicles are
equipped with valid state licenses, and that they are properly
bonded or insured for the protection of the public as required by
the motor vehicle laws of the state, a license may be issued upon
payment of the license fee herein provided for in Section
5.12.030,
(C)
All licenses shall expire one year from the date the same is
granted;
(6)
The person, firm or corporation owning or operating such taxicab shall
file with the city clerk a true, accurate, and detailed statement of its rates,
fares or charges in current use by such taxicab, and shall also post said
rates in a conspicuous place in said taxicab where the same can be readily
observed and read by a passenger for hire therein and it is unlawful to
charge any higher or greater fare than that set forth in said schedule of
rates.
(7)
The provisions of this chapter shall not apply to motor vehicles operated
by any municipal or privately owned nonprofit transit system.
5.12.030 - License fee.
The annual fee for a vehicle for hire license is established by the City’s fee resolution. The fee
shall be paid at the time of application and is nonrefundable.
No taxicab or for hire car shall ply or be operated upon the streets of the city
without first paying a license fee to the city at the rate of thirty-five dollars for the first
such vehicle, and fifteen dollars for each additional one; provided, that nothing herein
contained shall be construed to apply to hearses, or to buses or stages running on a
regular schedule and used exclusively for the transportation of passengers to and from
points outside the city.
5.12.040
The city council may by resolution on regular application therefor designate and
set aside places on the public streets of the city where taxicabs for hire may stand for
public patronage, whereupon the taxicab company to which such space shall be allocated
shall be obligated to operate out of said space so reserved and set aside, and said taxicab
shall not be permitted to park on the public streets on places other than the space so
reserved for it. No person owning or operating taxicabs or for hire cars shall be allocated
more than one such place on the streets of the city. The city council may also include in
said resolution such charge for such space as may be determined by the city council to
be paid by the taxicab company to which such space is allocated.
- Taxi stand designation.
(Ord. 293 §4, 1950).
5.12.050 - Inspection of vehicles.
All vehicles operating under authority of this chapter may be inspected from time
to time by the chief of police for the purpose of determining whether the same are clean,
properly equipped, of good appearance and in his opinion, in a safe condition for the
transportation of passengers; and it is unlawful for any person to drive or operate, or
engage in the business of operating any taxicab or for hire car, unless and until the same
has been inspected and approved by the chief of police.
a. All for hire vehicles may be inspected from time to time ad determined by the chief
of police or designee in response to complaints received or observations that such is
desirable, for the purpose of determining proper equipment , safety and sanitation of
such vehicle. The scope of for-hire vehicle inspections includes but is not limited to
standards regarding cleanliness, brakes, lights, tires, glass, seat belts and any other
special equipment that may be required.
b. If the chief of police or designee determines during inspection that the condition of
any for-hire vehicle needs correction, he/she may issue to the operator or driver
thereof a notice in whriting specifying such defects and the same shall be remedied
immediately or by a later date determined at the time of inspection. It is unlawful to
fail to comply with any written notice to make corrections on the vehicle for hire.
5.12.060 - Driver's license requirement.
It is unlawful for any person owning, controlling, or engaged in the business of
operating taxicabs or for hire cars to employ as a driver of any such vehicle, or permit
any such vehicle to be driven by, a driver who does not possess a valid and subsisting
Washington state driver's license.
5.12.070 - Allowing felon or intoxicated person to drive unlawful.
It is unlawful for any person engaged in the business of operating a taxicab or for
hire car to knowingly permit any person to drive the same who has been convicted of
any felony or of driving while intoxicatedunder the influence.
5.12.080 - Additional passengers.
It is unlawful to place additional passengers in a taxicab or for hire car without
securing the consent of the party by whom it was first engaged.
5.12.090 - Cruising unlawful.
It is unlawful for any person to cruise, drive or operate a taxicab or for hire car
repeatedly or persistently to and fro upon the public street for the purpose of soliciting
business.
5.12.100 - Twenty-four hour schedule—Operator availability.
All persons licensed to operate taxicabs or for hire cars within the city shall
operate on a twenty-four hour schedule and shall be available either in the taxi zone or
by telephone.
5.12.110 - Records.
Each driver of a taxi or for hire car shall keep accurate trip sheets, dated, and
giving mileage, and the amount of money charged each fare, and these trip sheets shall
be retained for three years.
5.12.120 - Revocation of license.
(a) All licenses issued shall be subject to revocation by the city councilCity if the holder
thereof or any person employed by him in the operation of any such vehicle fails or
neglects to comply with or violates any of the terms and provisions of this chapter, or
who violates any of the terms or provisions of any of the ordinances of the city
relative to the operation or use of vehicles upon the public highways, or relating to
traffic upon the same, or who directly, or indirectly, either himself or by or through
his agent, driver or servant, sells, gives away, or in any manner disposes of narcotic
drugs or intoxicating liquor in connection with the use of any such vehicle in the
transaction of the business for which such license has been issued, or uses or permits
the use of any such vehicle to carry or transport such drugs or liquor, or causes or
permits to be kept therein any such drugs or liquor, or uses or permits the same to be
used for transporting any person or persons who may be contributing to or
attempting to or having the design of contributing to the delinquency of any minor or
who violates any of the ordinances of the city or the laws of the state in or by the use
or operation of any such vehicle.
(b) Upon complaint being made to the city councilCity Clerk of any of the acts or
omissions herein set forth, notice shall be given to the holder of such license thereof,
and that at a time and place to be fixed therein the city councilCity’s Hearing
Examiner will conduct a hearing upon the question of whether or not the license
shall be revoked, at which time and place, or the time and place to which said
hearing may be adjourned, the licensee shall have the right to be heard and produce
evidence in his behalf. If upon such hearing, the city councilHearing Examiner is
satisfied that the licensee, or the driver of any vehicle covered by such license, is or
has been guilty of the act or omission complained of and that by reason thereof the
license should be revoked, it he/she may thereupon revoke such license. The notice
provided for herein shall be personally served upprovided toon the licensee not less
than three tendays before the date of such hearing. The said license may also be
revoked upon like notice being given if it appears to the city council City Clerk that a
license or bond or insurance issued to any licensee under the laws of the state has
been canceled or revoked.
5.12.130 - Operator—Qualifications.
No city driver's license shall be required, but any person driving a taxicab or for
hire car must be at least twenty-oneeighteen years of age and duly licensed to drive a
motor vehicle under the laws of the state, and he must submit to the city clerk a
certificate from the city health officer which shows that he is free from infirmities of
body and mind which would render him unfit to safely operate a taxi, and especially free
from any taint of or tendency to epilepsy, vertigo, heart trouble or color blindness. It is
unlawful for any driver of a taxicab or for hire car to operate such vehicle on the streets
of the city if he/she has been convicted of violating any ordinance of the city or law of
the state, and it shall be the duty of the holder of any taxicab license to discharge any
such driver upon learning of any such conviction, or upon the request of the city council.
.
5.12.140 - Operator—Identification.
Each driver of any taxicab or for hire car shall provide for himself in duplicate a
picture of himself of recent date, fingerprints and pertinent information as to age,
address, number of Washington State Driver's License, and such other information as
may be required by the city councilCity. This information shall be assembled upon a
card, shall be validated by the city clerk, and one of said duplicate cards shall be hung or
attached to the inside of each taxi in a conspicuous place, and shall be left in such taxi at
all times when operated by such driver. The other duplicate card shall be placed on file
with the city clerk.
5.12.150 - Operator—Identification.
It shall be unlawful for any person to refuse to pay the regular fare for a taxicab after
having hired the same.
5.12.160 – Violations - Penalty.
Any person violating any provision of this chapter shall be deemed guilty of a
misdemeanor, and upon conviction, shall be punished as provided in AMC 1.04.010.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT G
COUNCIL MEETING DATE:
December 13, 2010
SUBJECT:
Update of AMC Chapter 5.16 – Cabarets
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- AMC Chapter 5.16 with strikeouts
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney review is pending.
DESCRIPTION:
Staff is proposing a revision of the current AMC Chapter 5.16 which addresses licensing and
operating regulations for cabarets operating in the City. The rewrite provides for a clear process
for application, issuance, denial, and revocation of licenses issued to those operating cabarets.
This chapter was originally adopted in 1971 and has never been revised.
HISTORY:
The City has been updating the Arlington Municipal Code over the course of the past year. The
project should be complete and the AMC completely updated in a searchable format on the
internet.
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time. Council will be asked to adopt an ordinance reflecting the recommended
revisions at the February 7, 2011 Council meeting.
Chapter 5.16 - CABARETS
Sections:
5.16.010 - Definitions.
5.16.020 - License required.
5.16.030 - Qualifications of licensees.
5.16.040 - Floor space requirements.
5.16.050 - Dancing area to be unobstructed—Location—Lighting—Exits.
5.16.060 - Application for license—Investigation and report—Issuance or denial.
5.16.065 – Approval or denial of application.
5.16.070 - Fee for license—Expiration and renewal.
5.16.080 - License and license fee nontransferable and nonrefundable.
5.16.090 - Maintenance of order.
5.16.100 - Interpretive or exhibition dancing not permitted.
5.16.110 - Revocation or suspension of license—Hearing.
5.16.115 – Appeals and hearing.
5.16.120 - Conduct subject to state law and city ordinances.
5.16.130 - Music permitted without license.
5.16.140 - Exemptions.
5.16.150 - Penalty for violations.
5.16.010 - Definitions.
(a)
"Cabaret" means any room or space whatsoever in the city in which any dancing
is permitted in connection with the selling, serving or providing the public, with
or without charge, liquor.
(b)
"Liquor" means all beverages defined in RCW 66.04.010(16).
(c)
"Person" means one or more natural persons of either sex, firms, associations,
copartnerships and corporations, whether acting by themselves or by servant,
agent or employee.
5.16.020 - License required.
It is unlawful for any person to conduct, manage or operate a cabaret unless such
person is the holder of a valid and subsisting license from the city so to do, obtained in
the manner herein provided.
5.16.030 - Qualifications of licensees.
No license shall be issued to:
(a)
A person who is not a citizen of the United States;
(b)
A person who has been convicted of a felony within five years prior to his
application for a license;
(c)
A person who has not resided in the county of Snohomish for a period of
one month prior to making application for a license;
(d)
A person whose place of business is conducted by a manager or agent,
unless such manager or agent possesses the same qualifications required
of the licensee;
(e)
A copartnership, unless all of the members thereof are qualified to obtain
a license, as provided in this section;
(f)
A corporation, unless all officers and directors thereof are qualified to
obtain a license, as provided in this section. The license shall be issued to
the same person whose name appears on, or the person responsible to the
Washington State Liquor Control Board for, the license issued by that
board for the premises.
5.16.040 - Floor space requirements.
No license for dancing shall be issued unless the dance area shall be not less than
two hundred square feet in area and not less than ten feet from side to side; except in
class H premises, in which case the floor space requirements shall be those which may
be established by the Washington State Liquor Control Board, subject to the approval of
the city council.
5.16.050 - Dancing area to be unobstructed—Location—Lighting—Exits.
The space used and allocated for dancing must be kept clear of all objects,
fixtures and furniture at all times, and shall not be located in a hall or in any passageway.
Lighting density in all cabaret dancing areas will be governed by rules and regulations of
the Washington State Liquor Control Board, and failure to so comply will constitute a
violation of this chapter. Exits from the building shall be in accordance with the
provisions of the building code in effect in the city.
5.16.060 - Application for license—Investigation and report—Issuance or denial.
Application for a cabaret license shall be made to the city clerk, accompanied by
the amount of the license fee in full. Upon receipt of such application, the facts relative
thereto shall be transmitted to the chief of police, who shall immediately investigate the
premises for which the license was applied for. The chief of police shall report to the city
council the results of his investigation relative to the character of the proposed licensed
premises and the conduct of patrons thereof. After due consideration of such
information, if the city council shall deem that the issuance of a license to such premises
shall be for the best interest of the community, it shall so advise the city clerk, and the
city clerk shall thereupon issue the license. If after due consideration of such information
the city council shall determine that issuance of said license would not be in the best
interest of the community, it shall so advise the city clerk, who shall thereupon deny the
license and arrange for the refund of the license fee.
(a) Applicants for a license under this chapter must file with the City Clerk a sworn
application in writing on a form to be furnished by the City.
(b) All applications shall provide the following information on the application,
(c)1. The name, home address, home telephone number, date and place of birth,
and Social Security number of the applicant, if the applicant is an individual;
(d)2. The names, home addresses, home telephone numbers, dates and places of
birth, and Social Security numbers of the officers and directors of the
applicant, if the applicant is a partnership. If the applicant is any other type of
business entity, then the applicant shall provide the same information
requested in this subsection for all managers or other persons who control the
business decisions of that entity;
(e)3. The name, address, and telephone number of the cabaret, and the names of
all on-site managers of the cabaret; and
(f)4. The name, address, and telephone number of the owner of the property on
which the cabaret is located.
(g)5. Each application must be completed in full and signed by the applicant in
affidavit or declaration form wherein the applicant certifies under penalty of
perjury that the applicant has personal knowledge of all matters asserted in
said application and that the statements contained therein are true and
complete.
(h)(c) Duty to Supplement Application. In the event that any information on any
application for a license under this chapter becomes outdated or otherwise inaccurate, an
applicant or license holder promptly shall notify the clerk in writing and provide current
information.
(i)(d) Process for Completed Applications. A completed application shall be submitted
to the city clerk. An application shall not be considered to be completed unless
accompanied by a receipt or other notation from the city showing payment of the required
license fee. The city clerk shall refer a completed application to the following city
department heads for investigation and report as follows:
(j)(e) The chief of police shall provide a criminal history record of the applicant;
(f) The director of the department of community development shall provide a report stating
whether or not the application or premises of the business reflect any actual or potential
violations of the city zoning code; and
(g) The building official shall provide a report indicating whether or not said premises are in
compliance with all applicable health, safety and building statutes and regulations
(h) The fire marshal shall provide a report indicating whether or not said premises are in
compliance with all applicable fire prevention statutes and regulations.
5.16.065 – Approval or denial of application.
Upon receipt of a completed application and reports from the above-named officials, a license
application shall be approved by the city clerk, except that said application shall be denied for
any one or more of the following reasons:
(1) Application form is incomplete; or
(2) Purpose of business sought to be licensed does not comply with the requirements of any city
ordinance(s) relating to fire, buildings, health and sanitation or is, or will be if licensed, in
violation of the city zoning code as determined by the reports from the above-named officials; or
(3) The license was procured by fraud or any false statement or misrepresentation of fact in the
application or in any report or record filed with the city clerk.
In all events, the city clerk shall issue the license, or the reason(s) for nonissuance as soon as
possible, but in no event more than 30 days after receipt of a completed application.
5.16.070 - Fee for license—Expiration and renewal.
The annual fee for a cabaret license is established by the City’s fee resolution. The fee shall be
paid at the time of application an
d is nonrefundable. All licenses issued pursuant to this
chapter are non-transferable and are valid for the calendar year in which issued. License fees
shall not be prorated for any portion of the year.
The fee for such cabaret license shall be seventy-five dollars per year. Each
license shall expire on the thirty-first day of December of each year and shall be renewed
annually.
5.16.080
No cabaret license and no fee paid therefor shall be transferable. Except as may
otherwise be provided in this chapter, no license fee shall be refunded for any reason.
- License and license fee nontransferable and nonrefundable.
5.16.090 - Maintenance of order.
At all times while any dancing shall be conducted or be taking place at any
premises for which a cabaret license is issued, where the music for such dancing is
provided wholly or in part by one or more than one actual "live" musician rather than by
means of electrical transcriptions, radio, tape, records or other similar means, a person
capable of maintaining order on the premises shall be in attendance on said premises,
and such person in attendance shall be employed by the licensee solely for the purposes
of, and said person shall perform the duties of, refusing admission to intoxicated or
underage persons, maintaining order, and removing unruly, disorderly and/or intoxicated
persons from the premises. Such person shall at said times not be employed as a
bartender, waiter, musician or in any other capacity and shall have no other duties than
those hereinabove specified in this section. At all times while any dancing shall be
conducted or be taking place at any premises for which a cabaret license is issued, on
nights or on days when the music for said dancing is provided wholly by means of
electrical transcriptions, radio, tape, records or other similar means, a person capable of
maintaining order shall be in attendance at all times on the premises, who shall be
responsible for refusing admission to intoxicated and underage persons, maintaining
order, and removing unruly, disorderly and/or intoxicated persons from the premises, but
such person need not be solely employed for such purposes. No member of the police
department or any reserve policeman officer of this city shall ever be employed as such a
person in attendance.
(Ord. 607 §1 (part), 1971).
5.16.100 - Interpretive or exhibition dancing not permitted.
No interpretive or exhibition dancing, such as "go-go dancing," shall be
permitted in premises herein licensed as a cabaret.
5.16.110 - Revocation or suspension of license—Hearing.
(1) The city clerk may revoke any license under this chapter, or may suspend any such license
for a period of time not to exceed one year, where one or more of the following conditions exist:
(a) The license was procured by fraud or by any false statement or misrepresentation of fact
in the application or in any report or record required to be filed with the clerk;
(b) The building, structure, equipment, operation or location of the business for which the
license was issued does not comply with the requirements or standards of this code; or
(c) The license holder, his or her employee, agent, partner, director, officer or manager has
violated or permitted violation of any of the provisions of this chapter.
(2) Upon determination that grounds for revocation or suspension of a license exist, the city clerk
or designee shall send by first class mail, postage prepaid, to the license holder a notice of
revocation or suspension. The notice shall set forth the grounds for revocation or suspension.
The city council reserves unto itself the power to revoke any license issued under
the provisions of this chapter at any time that investigation shows that the license was
procured by fraud or false representation of fact; or for the violation of, or failure to
comply with, any of the provisions of this chapter by the person holding such license or
by any of his servants, agents and employees; or any crime or offense involving moral
turpitude committed on the premises in which the cabaret is conducted; or in the event
that it is determined that the future operation of the cabaret would be detrimental to the
public peace, health or welfare of the city of Arlington. Before revoking any such license
the city council shall, upon at least ten days' notice to the licensee given either personally
or by ordinary mail addressed to the licensee, hold a hearing concerning such revocation,
at which time the licensee shall be entitled to be heard and to introduce the testimony of
witnesses. The action of the city council relative to such revocation after such hearing
shall be final.
5.16.115 – Appeals and hearing.
(1) Any person aggrieved by the action of the city clerk in refusing to issue or renew any license
under this chapter or in suspending or revoking any license under this chapter shall have the right
to appeal such action to the city hearing examiner, or to such other hearing body as may hereafter
be established by the city council for the hearing of such appeals, by filing a notice of appeal
with the city clerk within 10 days of receiving notice of the action from which appeal is taken.
(2) The hearing examiner, upon receipt of a timely notice of appeal, shall set a date for a hearing
of such appeal within 20 days from the date of such receipt, except when extenuating
circumstances exist. The hearing shall be de novo. The hearing examiner shall hear testimony,
take evidence and may hear oral argument and receive written briefs. The filing of such appeal
shall stay the action of the city clerk, pending the decision of the hearing body.
(3) The decision of the hearing examiner on an appeal from a decision of the city clerk shall be
based upon a preponderance of the evidence. The burden of proof shall be on the appellant.
(4) The decision of the hearing examiner shall be final unless appealed to the superior court
within 20 days of the date the decision is entered.
5.16.120 - Conduct subject to state law and city ordinances.
All such licensed premises shall be conducted in a quiet and orderly manner and
as provided by the Washington State Liquor Control Act, the rules and regulations of the
Washington State Liquor Control Board relating to the sale of intoxicating liquors, and
the ordinances of the city.
5.16.130 - Music permitted without license.
It is lawful for all taverns and class H licensees, duly licensed by the Washington
State Liquor Control Board to have and permit music within the respective
establishments, but shall not be permitted to conduct dancing unless licensed as provided
in this chapter.
5.16.140 - Exemptions.
Patriotic organizations shall be exempt from the provisions of this chapter.
5.16.150 - Penalty for violations.
Any person violating any of the provisions or failing to comply with any of the
mandatory requirements of this chapter is guilty of a misdemeanor, and upon conviction
thereof such person shall be punished as provided in Section 1.04.010.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT H
COUNCIL MEETING DATE:
January 24, 2011
SUBJECT:
Creation of a new section in the Municipal
Code to require a permit for filming of motion
pictures
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- AMC Chapter 5.44.025
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY:
LEGAL REVIEW: City Attorney review is pending
DESCRIPTION:
Staff is proposing adding a new chapter to AMC Title 5 which will require those in the business
or activity of the filming, video taping or otherwise producing motion pictures for television,
internet or public exhibition within City limits to obtain a permit. The film permit will be issued
in the same manner that special event permits are requested.
HISTORY:
The City is receiving approximately one filming request a month and needs to have a permit
process in place to ensure that filming activities do not unreasonably interfere with the public
health and safety of our citizens or unreasonably endanger any property within the City. . The
City of Marysville currently has a similar ordinance in place that generates some income to
offset court filing fees and costs currently borne by the City alone.
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time. Council will be asked to approve the proposed ordinance at the February
7, 2011 Council meeting.
Chapter 5.44 - PARADES, ATHLETIC EVENTS AND OTHER SPECIAL EVENTS
Sections:
5.44.010 - Definitions.
5.44.020 - Permit required.
5.44.025 – Production of Motion Pictures – Permit Required
5.44.030 - Grounds for denial of application.
5.44.040 - Permit conditions.
5.44.050 - Appeal procedure.
5.44.060 - Exemptions from fees, indemnification agreement and insurance.
5.44.070 - Indemnification agreement.
5.44.080 - Insurance.
5.44.090 - Fees for city services.
5.44.100 - Cleanup deposits.
5.44.110 - Revocation of permits.
5.44.120 - Violation—Penalty.
5.44.130 - Savings clause.
5.44.010 - Definitions.
For purposes of this chapter, the following definitions shall apply:
"Special events" means and includes any event which is to be conducted on
public property or on a public rights-of-way; and, also, any event held on private
property which would have a direct significant impact on traffic congestion; or traffic
flow to and from the event over public streets or rights-of-way; or which would
significantly impact public streets or rights-of-way near the event; or which would
significantly impact the need for city-provided emergency services, such as police, fire
or medical aid. It is presumed that any event on private property which involves an open
invitation to the public to attend or events where the attendance is by private invitation
of one hundred or more people are each presumed to be an event that will have a direct
significant impact on the public streets, rights-of-way or emergency services. Special
events might include, but are not limited to, fun runs, roadway foot races, fund raising
walks, auctions, bike-a-thons, parades, carnivals, shows, or inhabitations, filming/movie
events, circuses, block parties and fairs.
"Special events protected under the First and Fourteenth Amendments" means
and includes any event involving political or religious activity intended primarily for the
communication or expression of ideas.
"Use" means to construct, erect, or maintain in, on, over or under any street,
right-of-way, park or other public place, any building, structure, sign, equipment or
scaffolding, to deface any public right-of-way by painting, spraying or writing on the
surface thereof, or to otherwise occupy in such a manner as to obstruct the normal public
use of any public street, right-of-way, park or other public place within the city,
including a use related to special events.
5.44.020 - Permit required.
A special event permit or authorization from the city is required for any event in
a park, public place or on private property where it will significantly impact public
sidewalks or roadways. Such special event permit shall be in addition to any street or
park use, or other regular permits as may be required by ordinance.
When such an event will be an exercise of rights protected by the First and
Fourteenth Amendments to the United States Constitution, the application shall be
processed promptly, without charging a fee for political or religious activities or
imposing terms or conditions that infringe constitutional freedoms, and in a manner that
respects the liberty of applicants and the public.
A special event permit is not required for the following:
(1)
Parades, athletic events or other special events that occur exclusively on
city property and are sponsored or conducted in full by the city of
Arlington;
(2)
Funeral and wedding processions;
(3)
Groups required by law to be so assembled;
(4)
Gatherings of thirty or fewer people in a city park, unless merchandise or
services arc offered for sale or trade;
(5)
Temporary sales conducted by businesses, such as holiday sales, grand
opening sales, or anniversary sales;
(6)
Garage sales and rummage sales;
(7)
The exhibition of films or motion pictures;
(8)
Other similar events and activities which do not directly affect or use city
services of property.
Any person desiring to sponsor a parade, athletic event or special event shall be
encouraged to apply for a special event permit by filing an application with the city at
least sixty days prior to the date on which the event is to occur.
Waiver of Application Deadline. Upon a showing of good cause or at the
discretion of the city, the city may consider an application that is filed after the filing
deadline if there is sufficient time to process and investigate the application and obtain
police and other City services for the event. Good cause can be demonstrated by the
applicant showing that the circumstance that gave rise to the permit application did not
reasonably allow the participants to file within the time prescribed, and the event is for
the purpose of exercising rights under the First and/or Fourteenth Amendments of the
United States Constitution.
5.44.025 – Production of Motion Pictures – Permit Required.
(1) Except as otherwise provided herein, it shall be unlawful for ny person to engage in the
business or activity of the filming, video taping or otherwise producing motion pictures
for television, internet, or public exhibition at any place within the City, other than at or
in an established motion picture, television or photography studio, unless such person
has first been issued a film production permit by the City Clerk.
(2) The provisions of this section shall not apply to the filming, video taping, or the
photographing or otherwise preserving of motion pictures:
a. Solely for private or family use;
b. For use in a criminal investigation or civil proceeding;
c. For news purposes;
d. For charitable or government purposes.
5.44.030 - Grounds for denial of application.
The city may deny an application for a special event permit if:
(1)
The applicant provides false or misleading information; the applicant fails
to complete the application or to supply other required information of
documents; or the applicant declares or shows an unwillingness or
inability to comply with the reasonable terms or conditions contained in
the proposed permit;
(2)
The proposed event would conflict with another proximate event,
interfere with construction or maintenance work in the immediate
vicinity, or unreasonably infringe upon the rights of abutting property; or
(3)
The proposed event would unreasonably disrupt the orderly or safe
circulation of traffic as would present an unreasonable risk of injury or
damage to the public.
In the event subsection (2) or (3), above, applies, the city shall
offer the applicant the opportunity to submit an alternative date or place
for the proposed event before denying the application.
5.44.040 - Permit conditions.
(a)
The city may condition the issuance of a special events permit by imposing
reasonable requirements concerning the time, place and manner of the event, and
such requirements as are necessary to protect the safety and rights of persons and
property, and the control of traffic. The following conditions shall be applied to
all special events permits:
(1)
Requirements relating to the time, place and manner of the event;
(2)
Requirements relating to the area of assembly and disbanding of the event
along with uses of a specific route;
(3)
Requirements relating to pedestrians or vehicular traffic, including
restricting the event to only a portion of the street or rights-of-way.
(b)
Conditions on special events permits not protected under the First and Fourteenth
Amendments of the U.S. Constitution may include, but are not limited to:
(1)
Requirements for the use of traffic cones or barricades;
(2)
Requirements for the provision of first aid or sanitary facilities;
(3)
Requirements for use of event monitors and providing notice of permit
conditions to event participants;
(4)
Restrictions on the number and type of vehicles, animals or structures at
the event, and inspection and approval of floats, structures, and decorated
vehicles for fire safety;
(5)
Compliance with animal protection ordinances and laws;
(6)
Requirements for use of garbage containers, cleanup, and restoration of
city property.
(7)
Restrictions on the use of amplified sound and compliance with noise
ordinance, regulations and laws;
(8)
Notice to residents and/or businesses regarding any activity which would
require a street closure;
(9)
Restrictions on the sale and/or consumption of alcohol;
(10)
Elimination of an activity which cannot be mitigated to a point as to
ensure public safety and welfare, or which causes undue liability to the
city;
(11)
Requirements regarding the use of city personnel and equipment;
(12)
Compliance with any other applicable federal, state or local law or
regulation.
5.44.050 - Appeal procedure.
The applicant shall have the right to appeal the denial of a permit or a permit
condition. The applicant shall also have the right to appeal the amount of fees or cleanup
deposits imposed pursuant to Section 5.44.090, or a determination by the city that the
applicant's certificate of insurance does not comply with the requirements specified in
Section 5.44.080. A written notice of appeal shall be filed within three business days
after receipt or personal delivery of a notice of denial or permit conditions from the city.
The written notice of appeal shall set forth the specific grounds for the appeal and attach
any relevant documents for consideration. The city council shall hear the appeal on the
record provided from the designated city official and upon public comment given at the
scheduled hearing before the council. The hearing shall be scheduled no later than thirty
days after receipt of a timely and proper notice of appeal. Public comment at the appeal
hearing shall be limited to three minutes per individual and fifteen minutes each for
appellant and city respondent. The decision of the city council is final.
If there is insufficient time for a timely appeal to be heard by the city council
prior to the date on which the event is scheduled, the applicant may, at its own option,
request that the designated city official schedule the appeal before the mayor or city
administrator. The mayor or city administrator or designee shall hold a hearing no later
than five business days after the filing of the appeal and will render a decision no later
than one business clay after hearing the appeal. If the appeal is requested and heard
before the mayor or city administrator, the mayor's or city administrator's decision is
final. There is no further appeal to the city council.
5.44.060 - Exemptions from fees, indemnification agreement and insurance.
No fee, indemnification agreement or insurance requirement shall be imposed
when prohibited by the First and Fourteenth Amendment to the United States
Constitution. Political or religious activity intended primarily for the communication or
expression of ideas shall be presumed to be a constitutionally protected event. Factors
that may be considered in evaluating whether or not the fee applies include the nature of
the event; the extent of commercial activity, such as the sales of food, goods, and
services; product advertising or promotion, or other business participation in the event;
the use or application of any funds raised; if part of any annual tradition or series,
previous events in the sequence; and the public perception of the event.
5.44.070 - Indemnification agreement.
Prior to the issuance of a permit for a special event not protected under the First
and Fourteenth Amendments of the U.S. Constitution, the permit applicant and
authorized officer of the sponsoring organization must agree to reimburse the city for
any costs incurred by it in repairing damage to city property and indemnify and defend
the city, its officers, employees, and agents from all causes of action, claims or liabilities
occurring in connection with the permitted event, except those which occur due to the
city's sole negligence.
5.44.080 - Insurance.
The following insurance shall be required in connection with the issuance of a
permit for a special event not protected under the First and Fourteenth Amendments of
the U.S. Constitution: one million dollars commercial general liability insurance per
occurrence combined single limits, two million dollars aggregate, unless waived by the
city. Higher limits of insurance may be required dependent upon the size and/or possible
impacts of an event and/or requirements of the city's insurance company.
The city administrator or his or her designee is authorized and directed to require
written proof of such insurance prior to permit issuance. The insurance policy shall be
written on an occurrence basis, shall name the city as an additional insured, shall be
written for a period not less than twenty-four hours prior to the event and extending for a
period not less than twenty-four hours following the completion of the event, and shall
contain a provision prohibiting cancellation of the policy, except upon thirty days written
notice to the city.
5.44.090 - Fees for city services.
(a)
Upon approval of an application for a permit for a special event not protected
under the First and Fourteenth Amendments of the U.S. Constitution, the city
administrator shall provide the applicant with a statement of the estimated cost of
providing city personnel and equipment, and the estimated cost of leasing city
property if applicable. The applicant/sponsor of the event shall be required to
prepay these estimated costs for city services and equipment and leased property
ten days prior to the special events. city services and equipment may include the
use of police officers and public employees for traffic and crowd control, pickup
and delivery of traffic control devices, picnic tables, extraordinary street
sweeping, and any other needed, requested or required city service and the cost
of operating the equipment to provide such services.
(b)
If the actual cost for city services and equipment on the date(s) of the event is
less than the estimated cost, the applicant/sponsor will be refunded the difference
by the city in a timely manner. If the actual cost for city services and equipment
on the date(s) of the event is greater than the estimated cost, the
applicant/sponsor will be billed for the difference.
(c)
Permit fees and fees for the use of city services and equipment may be waived in
part or in full by the city if in review of the application it is found that the event
is of sufficient public benefit to warrant the expenditure of city funds without
reimbursement by the applicant/sponsor and would not result in the private
financial gain of any individual or "for profit" entity.
5.44.100 - Cleanup deposits.
The applicant/sponsor of an event not protected under the First and Fourteenth
Amendments of the U.S. Constitution involving the sale of food or beverages for
immediate consumption, erection of structures, horses or other large animals, water aid
stations or any other event likely to create a substantial need for a cleanup, may be
required to provide a cleanup deposit prior to the issuance of a special event permit.
The cleanup deposit may be returned after the event if the area used for the
permitted event has been cleaned and restored to the same condition as existed prior to
the event.
If the property used for the event has not been properly cleaned or restored, the
applicant/sponsor shall be billed for the actual cost by the city for cleanup and
restoration. The cleanup deposit shall be applied toward the payment of the bill.
5.44.110 - Revocation of permits.
Any permit issued under this chapter may be summarily revoked by the city at
any time when, by reason of disaster, public calamity, riot or other emergency or exigent
circumstances, the city determines the safety of the public or property requires such
immediate revocation. The city may also summarily revoke any permit issued pursuant
to this chapter if the committee finds that the permit has been issued based upon false
information or when the permittee exceeds the scope of the permit or fails to comply
with any condition of the permit. Notice of such action revoking a permit shall be
delivered in writing to the permittee by personal service or certified mail at the address
specified by the permittee in the application.
5.44.120 - Violation—Penalty.
(a)
It shall be unlawful for any person to sponsor or conduct a special event requiring
a special event permit pursuant to this chapter unless a valid permit has been
issued and remains in effect for the event. It is unlawful for any person to
participate in such an event with the knowledge that the sponsor of the event has
not been issued a required, valid permit or with knowledge that a once valid
permit has expired or been revoked.
(b)
The special event permit authorizes the permittee/sponsor to conduct only such
an event as is described in the permit, and in accordance with the terms and
conditions of the permit. It is unlawful for the permittee/sponsor to willfully
violate the terms and conditions of the permit, or for any event participant with
knowledge thereof to willfully violate the terms and conditions of the permit or
to continue with the event if the permit is revoked or expired.
(c)
Any person or organization violating the provisions of this chapter shall be guilty
of a misdemeanor, and upon conviction thereof, shall be subject to a penalty of a
fine of not more than five hundred dollars or by imprisonment of not more than
ninety days, or both such fine and imprisonment.
5.44.130 - Savings clause.
If any section, sentence, clause, phrase, part or portion of this chapter is for any
reason held to be invalid or unconstitutional by any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this chapter.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT I
COUNCIL MEETING DATE:
January 24, 2011
SUBJECT:
New AMC Chapter 12.52 – Grading Permits
DEPARTMENT OF ORIGIN:
Executive / Public Works
Contact: Kristin Banfield, 360-403-3444
James Kelly, 360-403-3505
ATTACHMENTS:
- AMC Chapter 13.36
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Complete. All comments and edits proposed
by the City Attorney have been incorporated.
DESCRIPTION:
Staff is proposing a new addition to the Arlington Municipal Code which addresses the need to
enact regulations consistent with the environmental element of the city’s comprehensive plan to
protect water and earth resources, fish and wildlife habitat, and public health and safety from
the potential adverse impacts associated with clearing and grading private and public land in
the city. In addition to implementing goals of the environmental element, these regulations
implement best management practices required to meet federal and state environmental law
requirements.
HISTORY:
The City has been updating the Arlington Municipal Code over the course of the past year. The
project should be complete and the AMC completely updated in a searchable format on the
internet.
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time.
Title 12
Chapter 12.52
GRADING CODE
Sections:
12.52.010 Purpose.
12.52.020 Definitions.
12.52.030 Permit requirements.
12.52.040 Permit issuance.
12.52.050 Expiration of permits and applications.
12.52.060 Related codes and regulations.
12.52.070 Conditions of approval – Project denial.
12.52.080 Clearing – Vegetation preservation and replacement.
12.52.090 Grading.
12.52.100 Slopes.
12.52.110 Erosion and sedimentation control.
12.52.120 Temporary restrictions on clearing and grading.
12.52.130 Dust suppression.
12.52.140 Control of other pollutants.
12.52.150 Maintenance.
12.52.160 Assurance Device.
12.52.170 Responsibility to have permit.
12.52.180 Project inspections – City access.
12.52.190 Stop work orders and corrective actions.
12.52.200 Permit revocation.
12.52.210 Final approval.
12.52.220 As-built plans.
12.52.230 Violations – Penalties.
12.52.010 Purpose.
(a) The purpose of this chapter is to enact regulations consistent with the
environmental element of the city’s comprehensive plan to protect water and
earth resources, fish and wildlife habitat, and public health and safety from the
potential adverse impacts associated with clearing and grading private and public
land in the city. In addition to implementing goals of the environmental element,
these regulations implement best management practices required to meet federal
and state environmental law requirements.
(b) These regulations focus on prevention of potential adverse impacts
associated with clearing and grading activities through a proactive approach
rather than remediation of (or a reactive approach to) adverse impacts.
(c) It is expressly the purpose of this chapter to provide for and promote the
health, safety, and welfare of the general public.
12.52.020 Definitions.
(a) “Applicant” means the individual, partnership, association, or corporation
applying for a permit to do work under this chapter, including the property owner,
and any employee, agent, consultant or contractor acting on behalf of the
applicant, and any successor in interest.
(b) “Best Management Practices (BMPs)” mean physical, structural, and/or
managerial practices that, when used singly, or in combination, prevent or reduce
pollution of water. BMPs include, but are not limited to, structural solutions
covered by the terms “best available technology” (BAT) and “all known available
and reasonable methods of treatment” (AKART).
(c) “Clearing” means the act of destroying, removing, or modifying vegetation by
any means, including chemical, mechanical, or by hand.
(d) “Grading Permit” means the written permission from the city of Arlington to
the permittee to proceed with the act of clearing and grading within the provisions
of this chapter. The grading permit includes the associated approved plans and
any conditions of approval as well as the permit form itself.
(e) “Colluvium” or “colluvial deposits” means a soil deposit derived from
downslope movement of material from other soil formations as the result of one
or more small earth slides. These deposits are typically found on steep hillsides
or at the base of slopes.
(f) “Director” means the Director of Public Works or their designee.
(g) “Engineered fill” means soil fill which is wetted or dried to near its optimum
moisture content, placed in lifts of 12 inches or less and each lift compacted to a
minimum percent compaction as specified by a geotechnical engineer.
(h) “Engineering Standards” means the most recent edition of the city of
Arlington Public Works Design and Construction Standards and Specifications
manual.
(i) “Excavation” means the removal of material such as earth, sand, gravel,
rock, or asphalt.
(j) “Fill” means earth, sand, gravel, rock, asphalt, or other solid material used to
increase the ground surface elevation or to replace excavated material.
(k) “Filling” means any act by which earth, sand, gravel, rock, asphalt, or other
solid material is deposited or placed to raise the ground elevation or to replace
excavated material.
(l) “Geotechnical engineer” means a professional engineer currently licensed in
the state of Washington, qualified by reason of experience and education in the
practice of geotechnical engineering, and designated by the owner as the
geotechnical engineer of record for the project.
(m) “Grading” means any excavating or filling or combination thereof.
(n) “Landscaping” or “landscaped areas” means land that has been modified by
altering soil levels and/or vegetation for aesthetic or practical purposes.
(o) “Landslide deposit” means a large mass of earth and/or rock that has moved
physically down slope by gravity and broken into discrete fragments.
(p) “Modular block wall” means a wall constructed of manufactured modular wall
units acting as a protective facing for an exposed soil face or as a gravity
retaining wall.
(q) “Permanent erosion control” means permanent improvements, such as
landscaping or drainage control structures, that cover the soil such that no
erosion can occur.
(r) “Permit,” unless noted otherwise, refers to the grading permit.
(s) “Permittee” means the person to whom the grading permit is issued.
(t) “Potential slide block (failure envelope)” means the area near the surface of a
slope between the toe of the slope and a line drawn upward at two feet horizontal
to one foot vertical from the toe to the surface of the ground above the slope, or
as otherwise determined by a geotechnical engineer.
(u) “Protected area” shall have the meaning set forth in AMC Chapter 20.88,
now or as hereafter amended.
(v) “Rainy season” means that period from November 1st through April 30th
unless the director modifies these dates based on weather patterns and
forecasts.
(w) “Reinforced fill” or “reinforced soil” means soil fill designed by an engineer;
which includes reinforcement consisting of metal or synthetic materials in bars,
strips, grids or sheets.
(x) “Retaining wall” means a wall designed to resist the lateral displacement of
soil or other materials.
(y) “Rockery” or “rock wall” means one or more courses of large rocks stacked
near vertical in front of an exposed soil face to protect the soil face from erosion
and sloughing. A rockery or rock wall is not considered a retaining wall.
(z) “Routine landscape maintenance” means pruning, weeding, planting
annuals, mowing turf lawns and other activities associated with maintaining an
already established landscaped area. This definition does not include felling or
topping of trees or removal of invasive plants resulting from lack of regular
maintenance.
(aa) “Slide” means the movement of a mass of rocks and/or earth down a slope.
(bb) “Soil” means unaggregated or uncemented deposits of mineral and/or
organic particles or fragments derived from the breakdown of massive rocks or
decay of living matter.
(cc) “Uncontrolled fill” means fill which has been placed under unknown
conditions or without any controls such as geotechnical inspection or monitoring.
(dd) “Unstable slopes” means those sloping areas of land which have in the past
exhibited, is currently exhibiting, or will likely exhibit mass movement of earth.
(ee) “Wall drain” means a drainage system behind retaining walls, rockeries, rock
walls or modular block walls used to collect water moving through the soil or rock
behind the wall or rockery.
12.52.030 Permit requirements.
(a) A clearing and grading permit is required for a project involving any of the
below activities, except as provided for in subsection (b) of this section. In
applying this section, the total proposal and/or project must be considered.
(1) Any clearing, filling, or excavation in a protected area.
(2) Fill and/or excavation totaling over 50 cubic yards. Quantities of fill and
excavation are separately calculated and then added together, even if
excavated material is used as fill on the same site.
(3) Over 1,000 square feet of clearing, as measured at the ground level.
Clearing includes disturbance of over 1,000 square feet at grade due to
felling or topping of trees.
(4) Rockeries and modular block walls over four feet in height as measured
from the bottom of the base rock or block.
(5) The cutting down of any significant trees that are required to be
preserved by a city code, plat condition, or other requirement.
(6) Any regrading or repaving of a parking lot
(7) Mining or mineral extraction, which must also comply with Washington
State Department of Natural Resources mineral resource extraction and
thresholds requiring their review and approval.
(b) The following activities are exempt from the requirements for a grading
permit even if the criteria in subsection (a) of this section are exceeded:
(1) Agricultural crop management of existing farmed areas when BMP’s are
being implemented.
(2) Routine landscape maintenance of existing landscaped areas on
developed lots, including pruning, weeding, planting annuals, and other
activities associated with maintaining an already established landscape.
(3) Work needed to correct an immediate danger to life or property in an
emergency situation as declared by the mayor or the city manager or their
designee.
(4) Cemetery graves involving less than 50 cubic yards of excavation, and
related filling, per each cemetery plot.
(5) Routine drainage maintenance of existing, constructed stormwater
drainage facilities located outside of a protected area, including, but not
limited to, detention/retention ponds, wetponds, sediment ponds, constructed
drainage swales, water quality treatment facilities such as filtration systems,
and regional storm facilities that are necessary to preserve the water quality
treatment and flow control functions of the facility. This exemption does not
apply to any expansion and/or modification to already excavated and
constructed stormwater drainage facilities.
(6) Roadway repairs and overlays within public street rights-of-way for the
purpose of maintaining the pavement on existing paved roadways. This
exemption does not apply to curbs, gutters, sidewalks, utilities, new traffic
calming devices, new roadways, or the widening of the paved surface of
existing roadways.
(c) An exemption from a grading permit does not exempt the person doing the
work from meeting all applicable city codes, including, but not limited to, the
storm and surface water utility code (Chapter 13.28 AMC), which requires that
sediment and other pollutants be kept from the drainage system.
(d) The director may categorize grading permits by different types for
administrative purposes, and different fees may be charged for different types. A
grading permit may be issued as a component of a site-civil permit, or other
permits, rather than as a separate permit.
(e) The director shall specify what submittal and application materials are
required for a complete grading permit application, including the type of
submittals, the required level of detail, the minimum qualifications of preparers of
technical documents, and the number of copies. The director may establish
different submittal requirements for different types of grading permits. The
director may waive specific submittal requirements or fees if it is determined that
they are unnecessary, provide a public benefit, or may require additional
information if needed for review of an application.
(f) As a condition of applying for a permit for a project that includes clearing and
grading, the applicant shall allow the city to enter the subject property in order to
evaluate the proposed clearing and grading.
12.52.040 Permit issuance.
(a) A grading permit shall be issued in conjunction with, or as part of, one or
more of the following permits or approvals, except as described in subsection (b)
of this section:
(1) A valid building permit application; provided, that if a discretionary land
use approval pursuant to the provisions of AMC Chapter 20 or environmental
(SEPA) review is required, the grading permit shall not be issued until the
land use approval is issued and SEPA determination made, any city appeal
period has passed, and, if a city appeal is filed, until the city has made a final
decision on any appeal.
(2) An approved conditional use permit or planned unit development
approval.
(3) Preliminary plat or preliminary short plat approval, where the grading
permit is approved only for infrastructure construction, and not for clearing or
grading building sites.
(4) Preliminary plat or preliminary short plat approval, where the grading
permit is approved for clearing or grading building sites; provided, that such
approval may be granted pursuant to the provisions of AMC Chapter 20.
(5) An approved shoreline conditional use, shoreline substantial
development permit or shoreline management exemption, provided all
appeal periods pursuant to WAC 173-14-180 must have expired without the
filing of an appeal. Floodplain and floodway requirements of the National
Flood Insurance Program (NFIP) will be included with any grading or clearing
in those areas identified on the Digital Flood Insurance Rate Maps (DFIRM).
(6) A demolition permit.
(7) Inclusion of the project in the city’s approved capital improvement
program.
(8) A utility system extension agreement approved by the city of Arlington
utilities department.
(9) A site-civil permit issued by the city of Arlington Engineering Department.
(10) A valid right-of-way use permit application; provided, that if a
discretionary land use approval pursuant to the provisions of AMC Chapter
20 or environmental (SEPA) review is required, the grading permit shall not
be issued until the land use approval is received and SEPA determination
made, any city appeal period has passed, and, if a city appeal is filed, until
the city has made a final decision on any appeal.
(11) Completion of environmental (SEPA) review for surcharging a site or for
environmental or toxics cleanup at a site; provided, that if a discretionary land
use approval pursuant to the provisions of AMC Chapter 20 is required, the
grading permit shall not be issued until the land use approval is issued and
the SEPA determination made, any city appeal period has passed, and if a
city appeal is filed, until the city has made a final decision on any appeal.
(b) The director may approve issuance of a grading permit without an
accompanying permit or other approval as listed in subsection (a) of this section;
provided, that all of the following criteria are met (in addition to other applicable
requirements of this code and other city codes):
(1) The proposed grading is not related to a project for which one or more of
the approvals listed in subsection (a) of this section are required.
(2) Approval of the proposal will not pose a threat to or be detrimental to the
public health, safety, and welfare, nor be materially detrimental to fish and
wildlife habitat and/or water resources.
(3) The applicant has demonstrated that approval of the proposal is
necessary for the reasonable development or maintenance of the property.
(4) The proposal is not in a protected area, or if in a protected area,
complies with AMC Chapter 20.
(5) If a discretionary land use approval pursuant to the provisions of AMC
Chapter 20 or environmental (SEPA) review is required, the grading permit
shall not be issued until the land use approval is received and SEPA
determination made, any city appeal period has passed, and, if a city appeal
is filed, until the city has made a final decision on any appeal.
(c) If construction necessitates access, construction, or intrusion onto or across
property not under the applicant’s control, then the applicant must provide the
city with a copy of a valid construction easement or right of entry before the
permit can be issued.
(d) The permit may be issued to the property owner or their agent. Both the
property owner and the agent will be considered the permittee and are each
responsible for ensuring compliance with the terms of the permit.
12.52.050 Expiration of permits and applications.
(a) An application for a grading permit for which no permit is issued within one
year following the date of application shall expire by limitation and plans and
other data submitted for review may thereafter be returned to the applicant or
destroyed in accordance with state law. The director may, prior to expiration,
extend the time for action by the applicant for a period not exceeding 180 days.
(b) An application for a grading permit may be cancelled for inactivity if an
applicant fails, without reasonable justification, to respond to the department’s
written request for revisions or corrections within 90 days. The director may
extend the response period beyond 90 days if the applicant provides and
adheres to a reasonable schedule for submitting the full revisions.
(c) In addition to the application extension allowed in subsection (a) of this
section, the director may extend the life of an application if any of the following
conditions exist:
(1) Compliance with the State Environmental Policy Act is in progress; or
(2) Any other city review is in progress; provided the applicant has submitted
a complete response to city requests or the director determines that unique
or unusual circumstances exist that warrant additional time for such
response, and the director determines that the review is proceeding in a
timely manner toward final city decision; or
(3) Litigation against the city or the applicant is in progress, the outcome of
which may affect the validity or the provisions of any permit issued pursuant
to such application.
(4) In no event may the director extend the application for a period of more
than 180 days following the conclusion of the applicable condition described
in this subsection.
(d) Grading permits expire as follows:
(1) If a building permit is issued for the same site, the grading permit shall
automatically expire or be extended when the building permit expires or is
extended.
(2) If a civil permit is issued for the same site, the grading permit shall
automatically expire or be extended when the site-civil permit expires or is
extended.
(3) The grading permit shall expire if the authorized work is not begun within
one year from the date of permit issuance, or if work is abandoned for over
180 days.
(4) If the authorized work is continually performed, the grading permit shall
expire one year from the date of issuance unless a different time frame is
specified on the permit or an extension is granted. Two one-year extensions
may be granted by the director; provided, that conditions which were relevant
to issuance of the permit have not changed substantially and no material
detriment to the public welfare will result from the extension.
12.52.060 Related codes and regulations.
(a) The requirements of this chapter are in addition to other city codes and
regulations, including the Land Use Code (AMC Title 20).
(b) In order to be in compliance with the provisions of this code, the applicant
shall comply with the applicable engineering standards or equivalent standards
approved by the director. In addition, the applicant shall comply with those
minimum requirements for temporary erosion and sedimentation control and
associated BMPs set forth in the City adopted state stormwater management
manual for the Puget Sound basin and as established in the city’s Stormwater
Utility code (AMC 13.28).
12.52.070 Conditions of approval and Permit denial.
The director may impose conditions on permit approval as needed to mitigate
identified project impacts and shall deny permit applications that are inconsistent with
the provisions of this chapter.
12.52.080 Clearing and Vegetation preservation and replacement.
The applicant/permittee shall:
(a) Meet applicable Land Use Code requirements (AMC Chapter 20) for tree
retention and vegetation preservation, disturbance limitation, and new
landscaping.
(b) Where required, maintain natural vegetation for erosion and sedimentation
control and water quality and quantity control.
(c) Mark clearing limits in the field prior to clearing vegetation.
12.52.090 Grading.
The applicant/permittee shall:
(a) Meet applicable Land Use Code requirements (AMC Chapter 20) related to
grading, filling and excavation.
(b) Protect adjacent property, including but not limited to public right-of-ways,
drainage systems, natural drainages, from damage from grading, filling and
excavation.
12.52.100 Slopes.
The applicant/permittee shall:
(a) Submit a geotechnical report, prepared by a Geotechnical Engineer licensed
in the State of Washington, when required pursuant to the Land Use Code (AMC
Chapter 20) or grading permit requirements. The Engineering Standards specify
when a subsurface investigation is required and the level of investigation and
information required in the report.
(b) Comply with the Land Use Code (AMC Chapter 20) restrictions regarding
steep slopes.
(c) Limit the maximum gradient of artificial slopes to no steeper than 2:1 (two
feet of horizontal run to one foot of vertical fall) unless a geotechnical engineering
report and slope stability analysis is provided and shows that a factor of safety of
at least 1.5 for static loads and 1.1 for pseudostatic loads.
(d) Do no clearing, excavation, stockpiling or filling on the potential slide block of
an unstable or potentially unstable slope unless it is demonstrated to the
director’s satisfaction that the activity would not increase the load, drainage, or
erosion on the slope.
(e) Do no clearing, excavation, stockpiling or filling on any unstable or potentially
unstable areas (such as landslide deposits) unless it is demonstrated to the
director’s satisfaction that the activity would not increase the risk of damage to
adjacent property or natural resources or injury to persons.
(f) Intercept any ground water, subsurface or surface water drainage
encountered on a cut slope and discharge it at a location approved by the
director.
(g) Follow the procedures set forth in the grading permit and engineering
standards.
(h) Design and protect cut and fill slopes to minimize erosion.
20.52.110 Erosion and sedimentation control.
The permittee shall design and implement site erosion and sedimentation control
BMPs necessary to prevent sediment from leaving the project site, that is in accordance
with the city’s Stormwater Utility Code (AMC 13.28), Engineering Standards, and the
city’s adopted stormwater manual (volume 2).
12.52.120 Temporary restrictions on clearing and grading.
(a) In the areas listed below in subsections (1) through (3) of this section,
clearing and grading may be permitted to continue or to be initiated during the
rainy season, only if the director grants specific approval per subsection (c) of
this section.
(1) Protected areas;
(2) Areas identified by the city or by a geotechnical report as “erosive” or
“landslide prone” soils.
(3) Areas that drain, by pipe, open ditch, sheetflow, or a combination of
these, directly to a stream or lake. An area is considered to drain directly to a
stream, wetland or lake when it has a flow path of one-quarter mile or less
where there is no intermediary permanent sediment trap or detention system
between the site and the tributary waterbody.
(b) If clearing and grading is prohibited during the rainy season, building
construction can nonetheless proceed as long as necessary clearing and grading
is complete and effective erosion control is in place and effectively maintained.
(c) The director shall grant approval to initiate or continue clearing or grading
activity in the areas listed in subsections (a)(1) through (a)(3) of this section
during the rainy season only if, based on an evaluation of site and project
conditions, the director determines the proposal ensures slope stability and
adequately protects receiving waters from increased erosion and sedimentation
during construction. The evaluation of site and project conditions shall include,
but not be limited to, an evaluation of the following:
(1) Whether the clearing and grading is near completion if the project is
already underway;
(2) Average existing slope of the site;
(3) Quantity of proposed cut and/or fill;
(4) Classification of the predominant soils and their erosion and runoff
potential;
(5) Proposed deep utility installation;
(6) Hydraulic connection of the site to features that are sensitive to the
impacts of erosion/sedimentation including fish and wildlife seasonal use,
breeding or migration;
(7) Ability to phase clearing and grading and to create a feasible clearing
and grading schedule;
(8) Extent of clearing and grading BMPs proposed, and if the project is
underway, the project’s track record at controlling erosion and sedimentation.
(d) Determinations under subsection (c) of this section shall be made by the
director on a site-specific basis. However:
(1) Rainy season construction generally will be prohibited for proposals
requiring large scale clearing and grading.
(2) Rainy season construction generally will be approved for smaller-scale
clearing and grading proposals that have limited shallow utility installation
and are on sites with less than 15 percent slopes, predominant soils that
have low runoff potential, and are not hydraulically connected to
sediment/erosion-sensitive features.
(3) Rainy season construction generally will be approved if BMPs to control
erosion/sedimentation and slope stability are employed when:
(A) Moderate scale clearing and grading is proposed;
(B) The proposal involves deep utility installation; or
(e) If a grading permit is issued, and the city subsequently issues three stop
work orders (or fewer as provided in the conditions of the project permit) for
insufficient erosion and sedimentation control, the permit will be suspended until
the dry season, or, if violations occurred in the dry season, until weather
conditions are favorable and effective erosion and sedimentation control is in
place. The director may reinstate the permit within 60 days of suspension upon
finding that satisfactory erosion and sedimentation control measures will be
maintained by the permittee.
(f) The director has the authority to temporarily stop clearing and grading during
periods of heavy precipitation.
(g) When clearing and grading is suspended during the rainy season or
interrupted at any time of the year due to heavy rain or for other reasons, the
permittee shall stabilize the site and maintain the erosion control BMPs.
12.52.130 Dust suppression.
Dust from clearing, grading, and other construction activities shall be minimized
at all times. Impervious surfaces on or near the construction area shall be swept,
vacuumed, or otherwise maintained to suppress dust entrainment. Any dust
suppressants used shall be approved by the director. Petrochemical dust suppressants
are prohibited. Watering the site to suppress dust is also prohibited unless it can be
done in a way that keeps sediment out of the drainage system.
12.52.140 Control of other pollutants.
The permittee must properly handle and dispose of other pollutants that are on-
site during construction so as to avoid possible health risks or environmental
contamination. Direct and indirect discharge of pollutants to the drainage system is
prohibited.
12.52.150 Maintenance.
The permittee shall:
(a) Regularly inspect, including on weekends, all temporary and permanent
erosion and sedimentation BMPs and maintain them per the permit requirements
and engineering standards so that they function as intended until the site has
been permanently stabilized, and the potential for on-site erosion has passed.
(b) Submit a schedule for Operation and Maintenance of all construction-related
BMPs if the project is not an individual single-family home and involves more
than 5,000 square feet of clearing and/or more than 50 cubic yards of excavation
and/or fill. The Operation and Maintenance schedule must identify the
responsible parties and provide their day and evening phone numbers.
(c) Restore any BMPs that are damaged or not working properly to normal
operating conditions as directed by the field inspector or within 24 hours of
receiving notice from the director.
12.52.160 Assurance Device.
(a) An assurance device is required for all projects issued a grading permit that
are not individual single-family homes, not approved site-civil projects, not
restoration projects providing public benefit, and involve more than 5,000 square
feet of clearing and/or more than 50 cubic yards of excavation and/or fill. In
addition, the director may require an assurance device for other projects,
including individual single-family homes, that can cause problems related to earth
and water resources such as erosion and sedimentation or slope instability.
(b) The director shall determine the amount of the assurance device; it must be
sufficient to correct or eliminate problems related to earth or water resources, on
or off-site, caused by project clearing and grading.
(c) The director shall determine acceptable forms (such as assignment of funds,
performance bonds, or letters of credit) for assurance devices. Interest from any
interest-bearing form of the assurance device shall accrue to the depositor.
(d) Should the city, at any time during the life of the permit, find it necessary to
expend any portion of the assurance device to correct any work not in
accordance with the approved plans, or abate conditions, a stop work order shall
be issued to the permittee prohibiting any additional work until the permittee re-
establishes the original amount of the assurance device and implements more
rigorous erosion control BMP’S to prevent reoccurrences of the problem. If the
city uses any of the assurance device, it shall give the permittee an itemized
statement of all funds used. If city costs exceed the amount of the assurance
device, the permittee shall reimburse the city for the excess costs.
(e) The city shall release the assurance device once final clearing and grading
approval has been given.
12.52.170 Responsibility to have permit.
Every contractor or other person working or directing work that requires a permit
under this chapter must:
(a) Have a copy of the permit before starting and during all phases of the work.
The permit, approved plans, and applicable terms and conditions of approval
shall be available on site at all times.
(b) Be familiar with and comply with the terms and conditions of the permit.
12.52.180 Project inspections.
(a) All projects with a grading permit are subject to city inspections to ensure
compliance with the permit. As a condition of permit issuance, the applicant must
grant right of entry for such inspections and city emergency corrective measures.
(b) Each issued grading permit will include the following number of City
inspections at no charge;
- up to 100 cubic yards 3 inspections
- 101 to 1,000 cubic yards 4 inspections
- 1,001 to 10,000 cubic yards 5 inspections
- Grater than 10,000 cubic yards 6 inspections
Inspections will, at a minimum, include an initial site inspection and a final site
inspection when work is complete. Inspections in excess of the number noted on
the permit shall be charged at the City’s current fee schedule.
(c) The director will specify the general stages of work when city inspection is
required and may require inspection and testing by an approved testing agency,
to be paid by the applicant.
(d) The director shall specify inspection and testing requirements applicable to a
given project prior to permit issuance; however, the director may require
additional inspection, testing, or professional analysis and recommendations
when conditions exist that were not covered in the permit application documents
or were not sufficiently known at the time of permit issuance.
(e) The permittee must give the director at least 24 hours of advance notice prior
to needed inspections. Inspections will be scheduled for the next working day
after receiving the request, except if the notice is received on Friday, the
inspection will be scheduled for Tuesday.
12.52.190 Stop work orders and corrective actions.
(a) The director shall notify the permittee, or person doing the work, whenever
the director determines that:
(1) During the life of the permit, the project is causing problems related to
earth and water resources, such as sediment leaving the site or entering the
drainage system; or
(2) The act or intended act of clearing or grading has become or will
constitute a hazard to property, safety, or the downstream drainage system,
or endangers property, or adversely affects the safety, use or stability of a
public way, drainage channel, street, or surface or groundwater; or
(3) Clearing and grading is occurring without a required permit; or
(4) The project is otherwise violating this chapter or the provisions of a
permit issued under this chapter.
(b) Initial notice per subsection (a) of this section may be verbal. If verbal notice
is given, it shall be followed by a written correction notice if compliance is not
readily achieved. When issuing a written correction notice, the director shall
serve it to the persons doing the work or causing the work to be done or by
posting notice on the site. Any written correction notice shall specify:
(1) The work that must be done to correct the violation or abate the problem;
(2) The amount of time that the permittee has to commence and complete
the required corrective work;
(3) That, if the corrective work is not commenced and completed within the
time specified, the city will use the proceeds of the assurance device, if an
assurance device was provided for the project, to have the required work
completed.
(c) A written correction notice per subsection (b) may include a stop work order,
or a stop work order may be independently issued, whenever the continuation of
work is likely to harm or pose a hazard to property, safety, or the downstream
drainage system. In addition, a stop work order shall also be issued as specified
in subsection (d).
(1) In the stop work order, the director shall specify which work must stop (in
order to prevent further damage). The director has the authority to stop all
work on the site.
(2) If a stop work order is issued, it shall be served to the persons doing the
work or causing the work to be done or by posting notice on the site.
(3) Work suspended through a stop work order cannot resume until
measures are in place to prevent a reoccurrence of the problem and until
continued work is authorized in writing by the director.
(d) The cost of measures needed to correct damage caused by the project
clearing and grading, including impacts to the downstream drainage system,
shall be borne by the permittee. The permittee is required to correct on-site or
off-site damages that are caused by the project per the direction of the director
and within the time specified in the director’s written correction notice. Otherwise,
the city, or a contractor working under the direction of the city, shall do so using
funds from the assurance device, if a device was provided for the site.
(e) If at any time the director determines that clearing and grading associated
with an assurance device has created an emergency situation endangering the
public health, safety, or welfare, creating a potential liability for the city, or
endangering city streets, utilities, or property; and if the nature or timing of such
an emergency precludes notification per subsection (b) of this section, the city
may use the assurance device to correct the emergency situation. The city may
have city employees or a contractor working under the city’s direction, do the
work or make the improvements. If the city uses the assurance device as
provided by this section, the permittee shall be notified in writing within five days
of the commencement of emergency work. The notice must state the work that
was completed and the nature or timing of the emergency that necessitated the
use of the assurance device without prior notification.
12.52.200 Permit revocation.
The director may revoke or suspend the grading permits whenever:
(a) The permittee requests such revocation or suspension;
(b) The work does not proceed in accordance with the plans, as approved, or is
not in compliance with the requirements of this chapter or other city ordinances;
(c) Entry upon the property for the purpose of investigation or inspection has
been denied;
(d) The permittee has made a misrepresentation of a material fact in applying for
such permit;
(e) The progress of the work indicates that the plan is or will be inadequate to
protect the public, the adjoining property, the street, protected areas, the
environment, the drainage system, or other utilities, or the work endangers or will
endanger the public, the adjoining property, the street, protected areas, the
drainage system or other utilities;
12.52.210 Final approval.
The director shall give final clearing and grading approval once all work is
completed per the permit.
12.52.220 As-built plans.
For clearing and grading undertaken to develop plat or short plat infrastructure,
the permittee shall submit a copy of the as-built plans to the engineering department for
review and approval, plan(s) shall be submitted prior to grading permit final approval
12.52.230 Violations – Penalties.
(a) Civil Violation. Any violation of any of the provisions of this chapter
constitutes a civil violation for which a monetary penalty may be assessed and
abatement may be required as provided therein. The city shall seek compliance
through the civil violations code if compliance is not achieved
(b) Destruction of Notice. It shall be unlawful for any person to remove, mutilate,
destroy, or conceal any notice issued and posted by the director pursuant to this
chapter.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT J
COUNCIL MEETING DATE:
January 24, 2011
SUBJECT:
New AMC Chapter 13.36 – Pre-treatment
DEPARTMENT OF ORIGIN:
Executive / Public Works
Contact: Kristin Banfield, 360-403-3444
James Kelly, 360-403-3505
ATTACHMENTS:
- AMC Chapter 13.36
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Complete. All comments and edits proposed
by the City Attorney have been incorporated.
DESCRIPTION:
Staff is proposing a new addition to the Arlington Municipal Code which addresses the
prevention of the introduction of pollutants or inadequately treated pollutants into the publicly
owned treatment works for the City of Arlington. This chapter sets forth uniform requirements
for users of the publicly owned treatment works (POTW) for the city of Arlington, and enables
the city to comply with all applicable state and federal laws, including the Clean Water Act (33
U.S.C. 1251 et seq.).
HISTORY:
The City has been updating the Arlington Municipal Code over the course of the past year. The
project should be complete and the AMC completely updated in a searchable format on the
internet.
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time.
Title 13
Chapter 13.36
WASTEWATER PRETREATMENT CODE
Sections:
13.36.010 Purpose and policy.
13.36.020 Administration.
13.36.030 Definitions.
13.36.040 Abbreviations.
13.36.050 Prohibited discharge standards.
13.36.060 Federal categorical pretreatment standards.
13.36.070 State requirements.
13.36.080 Local discharge limitations.
13.36.090 City’s right of revision.
13.36.100 Special agreement.
13.36.110 Dilution.
13.36.120 General pretreatment facilities.
13.36.130 Deadline for compliance with applicable pretreatment requirements.
13.36.140 Pretreatment facilities for fats, oils and grease (FOG).
13.36.150 Additional pretreatment measures.
13.36.160 Accidental spill prevention program/slug load control plan.
13.36.170 Septic tank wastes.
13.36.180 Monitoring of wastewater discharges.
13.36.190 Garbage disposal/garbage grinders.
13.36.200 Dangerous waste regulations.
13.36.210 Required.
13.36.220 Existing SIU.
13.36.230 New source and “new user.”
13.36.240 Application contents.
13.36.250 Signatory and certification requirement.
13.36.260 Decisions.
13.36.270 Contents.
13.36.280 Appeals.
13.36.290 Duration.
13.36.300 Modification.
13.36.310 Transfer.
13.36.320 Revocation.
13.36.330 Reissuance.
13.36.340 State waste discharge authorization.
13.36.350 Baseline monitoring reports.
13.36.360 Final compliance report (initial compliance report).
13.36.370 Periodic compliance report (monthly report).
13.36.380 Compliance schedules for meeting applicable pretreatment standards.
13.36.390 Notification of significant production changes.
13.36.400 Hazardous waste notification.
13.36.410 Notice of potential problems, including accidental spills, slug loadings.
13.36.420 Noncompliance reporting.
13.36.430 Notification of changed discharge.
13.36.440 Total Toxic Organics reporting.
13.36.450 Reports from users not required to secure discharge authorization
documents.
13.36.460 Record keeping.
13.36.470 Timing.
13.36.480 Sampling requirements for users.
13.36.490 Analytical requirements.
13.36.500 City monitoring of user’s wastewater.
13.36.510 Inspection and sampling.
13.36.520 Monitoring facilities.
13.36.530 Search warrants.
13.36.540 Vandalism.
13.36.550 Trade secrets.
13.36.560 Notice of Violation, NOV.
13.36.570 Consent orders.
13.36.580 Show cause hearing.
13.36.590 Compliance orders.
13.36.600 Cease and desist orders.
13.36.610 Administrative fines.
13.36.620 Emergency suspensions.
13.36.630 Termination of discharge (nonemergency).
13.36.640 Appeal.
13.36.650 Injunctive relief.
13.36.660 Civil penalties.
13.36.670 Criminal prosecution.
13.36.680 Remedies nonexclusive.
13.36.690 Assurance device.
13.36.700 Water supply severance.
13.36.710 Public nuisances.
13.36.720 Contractor listing.
13.36.730 Publication of violations and/or enforcement actions.
13.36.740 Upset.
13.36.750 Prohibited discharge standards.
13.36.760 Bypass.
13.36.770 Pretreatment charges and fees.
13.36.780
13.36.010 Purpose and policy.
Non-liability.
(a) This chapter sets forth uniform requirements for users of the publicly owned
treatment works (POTW) for the city of Arlington, and enables the city to comply
with all applicable state and federal laws, including the Clean Water Act (33
U.S.C. 1251 et seq.). The objectives of this chapter include but are not limited to:
(1) To prevent the introduction of pollutants into the POTW that will interfere
with the operation of the POTW;
(2) To prevent the introduction of pollutants into the POTW which will pass
through the POTW, inadequately treated, into receiving waters or otherwise
be incompatible with the POTW;
(3) To ensure that the quality of the wastewater treatment plant biosolids is
maintained at a level which allows its use and disposal in compliance with
applicable statutes and regulations;
(4) To protect POTW personnel who may be affected by wastewater,
wastewater solids, and biosolids in the course of their employment and to
protect the general public;
(5) To improve the opportunity to recycle and reclaim wastewater and
biosolids from the POTW.
(b) This chapter shall apply to all users of the POTW. This chapter authorizes
the issuance of W astewater Discharge Agreement; authorizes monitoring,
compliance, and enforcement activities; establishes administrative review
procedures; requires user reporting; and provides for the setting of fees for the
equitable distribution of costs resulting from the program established herein.
13.36.020 Administration.
Except as otherwise provided herein, the director shall administer, implement,
and enforce the provisions of this chapter. Any powers granted to or duties imposed
upon the director may be delegated by the director to other City of Arlington personnel.
13.36.030 Definitions.
Unless a provision explicitly states otherwise, the following terms and
phrases, as used in this chapter, shall have the meanings hereinafter designated.
(a) “Act” or “the Act” means the Federal Water Pollution Control Act, also known
as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
(b) “Administrative penalty (fine)” means a punitive monetary charge unrelated to
treatment cost, which is assessed by the director rather than a court.
(c) “Applicable pretreatment standards,” for any specified pollutant, means
Arlington prohibitive standards, Arlington specific pretreatment standards (local
limits), state of Washington pretreatment standards, or EPA’s categorical
pretreatment standards (when effective), whichever standard is appropriate and
most stringent.
(d) “Approval authority” means the state of Washington Department of Ecology.
(e) “Authorized representative of the user” means:
(1) If the user is a corporation:
(A) The president, secretary, treasurer, or a vice president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision-making functions for the
corporation; or
(B) The manager of one or more manufacturing, production, or operation
facilities if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures;
(2) If the user is a limited liability company, partnership or sole
proprietorship: a member, general partner or proprietor, respectively;
(3) If the user is a federal, state, or local governmental facility: a director or
highest official appointed or designated to oversee the operation and
performance of the activities of the government facility, or their authorized
designee;
(4) The individuals described in subsections (5)(a) through (c) may
designate another authorized representative if the authorization is in writing,
the authorization specifies the individual or position responsible for the
overall operation of the facility from which the discharge originates or having
overall responsibility for environmental matters for the company, and the
written authorization is submitted to the city.
(f) “Best management practices (BMPs)” means schedules of activities,
prohibitions of practices, maintenance procedures, and other management
practices to prevent or reduce the pollution of waters of the United States. BMPs
also include treatment requirements, operating procedures, and practices to
control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw material storage.
(g) “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory
procedures for 5 calendar days at 20 degrees centigrade, usually expressed as a
concentration (milligrams per liter (mg/l)).
(h) “Categorical pretreatment standard” or “categorical standard” means any
regulation containing pollutant discharge limits promulgated by the U.S. EPA in
accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply
to a specific category of users and which appear in 40 CFR Chapter I,
Subchapter N, Parts 405 – 471.
(i) “Categorical user” means a user covered by one of EPA’s categorical
pretreatment standards.
(j) “Chemical oxygen demand (COD)” means a measure of the oxygen
consuming capacity of inorganic and organic matter present in wastewater. COD
is expressed as the amount of oxygen consumed from a chemical oxidant in mg/l
during a specific test.
(k) “City” means the City of Arlington, Washington.
(l) “Cooling water/noncontact cooling water” means water used for cooling
which does not come into direct contact with any raw material, intermediate
product, waste product, or finished product. Cooling water may be generated
from any use, such as air conditioning, heat exchangers, cooling or refrigeration
to which the only pollutant added is heat.
(m) “Color” means the optical density at the visual wave length of maximum
absorption, relative to distilled water. One hundred percent transmittance is
equivalent to zero (0.0) optical density.
(n) “Composite sample” means the sample resulting from the combination of
individual wastewater samples taken at selected intervals based on an increment
of either flow or time.
(o) “Department of Ecology” (DOE is a Washington state agency with authority
delegated by the U.S. Environmental Protection Agency (EPA) to regulate and
permit the discharge of pollutants into the state's surface waters through National
Pollutant Discharge Elimination System (NPDES) and is also responsible for
implementing and enforcing the requirements of Washington state’s Water
Pollution Control policy as stipulated in RCW 90.48.
(p) “Director” means the director of the City of Arlington Public Works
Department, or their designee.
(q) “Discharge Agreement” means an agreement or equivalent control document
issued by the city to users discharging wastewater to the POTW. The agreement
may contain appropriate pretreatment standards and requirements as set forth in
this chapter.
(r) “Domestic user (residential user)” means any person who contributes,
causes, or allows the contribution of wastewater into the city POTW that is of a
similar volume and/or chemical make-up as that of a residential dwelling unit.
Discharges from a residential dwelling unit typically include up to 100 gallons per
capita per day at 250 mg/l of BOD and TSS.
(s) “Environmental Protection Agency (EPA)” means the U.S. Environmental
Protection Agency or, where appropriate, the Regional Water Management
Division Director, or other duly authorized official of said agency.
(t) “Existing source,” for a categorical industrial user, is any source of discharge,
the construction or operation of which commenced prior to the publication by
EPA of proposed categorical pretreatment standards, which will be applicable to
such source if the standard is thereafter promulgated in accordance with Section
307 of the Act.
(u) “Existing user,” for non-categorical users, is defined as any user which is
discharging wastewater prior to the effective date of the ordinance codified in this
chapter.
(v) “Fats, oils and grease (FOG)” means those components of wastewater
amenable to measurement by the methods described in Standard Methods for
the Examination of Water and Wastewater, 19th Edition, 1992, Section 5520.
The term “fats, oils and grease” shall include polar and nonpolar fats, oils, and
grease.
(w) “Grab sample” means a sample which is taken from a wastestream on a one-
time basis without regard to the flow in the wastestream and without
consideration of time.
(x) “High strength waste” means any waters or wastewater having a
concentration of BOD or total suspended solids in excess of 250 mg/l.
(y) “Indirect discharge” or “discharge” means the introduction of pollutants into
the POTW from any nondomestic source regulated under Section 307(b), (c), or
(d) of the Act. The discharge into the POTW is normally by means of pipes,
conduits, pumping stations, force mains, constructed drainage ditches, surface
water intercepting ditches, and all constructed devices and appliances
appurtenant thereto.
(z) “Interference” means a discharge which alone or in conjunction with a
discharge or discharges from other sources either: (1) inhibits or disrupts the
POTW, its treatment processes or operations; (2) inhibits or disrupts its biosolids
(sludge) processes, use or disposal; or (3) is a cause of a violation of the city’s
NPDES authorization or of the prevention of sewage sludge use or disposal in
compliance with any of the following statutory/regulatory provisions or
authorizations issued there under: Section 405 of the Clean Water Act; the Solid
Waste Disposal Act (SWDA), including Title II commonly referred to as the
Resource Conservation and Recovery Act (RCRA); any state regulations
contained in any state sludge management plan prepared pursuant to Subtitle D
of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the
Marine Protection, Research, and Sanctuaries Act.
(aa) “Local discharge limitations” means enforceable local standards developed
by the City of Arlington. The standards are expressed in units of concentration as
milligrams of pollutant per liter of solution.
(bb) “Maximum allowable discharge limit” means the maximum concentration (or
loading) of a pollutant allowed to be discharged at any time.
(cc) “Medical wastes” means isolation wastes, infectious agents, human blood
and blood products, pathological wastes, sharps, body parts, contaminated
bedding, surgical wastes, potentially contaminated laboratory wastes, and
dialysis wastes.
(dd) “New source” means:
(1) Any building, structure, facility, or installation from which there is (or may
be) a discharge of pollutants, the construction of which commenced after the
publication of proposed pretreatment standards under Section 307(c) of the
Act which will be applicable to such source if such standards are thereafter
promulgated in accordance with that section; provided, that:
(A) The building, structure, facility, or installation is constructed at a site
at which no other source is located; or
(B) The building, structure, facility, or installation totally replaces the
process or production equipment that causes the discharge of pollutants
at an existing source; or
(C) The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent of an
existing source at the same site. In determining whether these are
substantially independent factors such as the extent to which the new
facility is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as the
existing source should be considered.
(2) Construction or development on a site at which an existing source is
located that results in a modification of the existing source rather than a new
source, if the construction does not create a new building, structure, facility,
or new process but otherwise alters, replaces, or adds to existing process or
production equipment.
(3) Construction of a new source as defined under this subsection has
commenced if the owner or operator has:
(A) Begun or caused to begin as part of a continuous on-site
construction program:
(i) Any placement, assembly, or installation of facilities or
equipment; or
(ii) Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which is
necessary for the placement, assembly, or installation of new source
facilities or equipment; or
(B) Entered into a binding contractual obligation for the purchase of
facilities or equipment which is intended to be used in its operation within
a reasonable time. Options to purchase or contracts which can be
terminated or modified without substantial loss, and contracts for
feasibility, engineering, and design studies do not constitute a
contractual obligation under this section.
(ee) “New User.” A “new user” is a user that applies to the city for a new
building permit or any person who occupies an existing building and plans to
discharge wastewater to the city’s collection system after the effective date of the
ordinance codified in this chapter; provided that any person that buys an existing
facility that is discharging nondomestic wastewater will be considered an
“existing user” if no significant changes are made in the operation. A “new user”
is not a “new source”.
(ff) “Notice of Violation.” A written notification issued to an individual or business
entity that is connected to the City’s Sanitary Sewer System, or has been issued
a Wastewater Discharge Agreement, and informs them they have violated, or are
continuing to violate, any provision of this chapter or any other chapter of the City
municipal code.
(gg) “Pass through” means a discharge which exits the POTW into waters of the
United States in quantities or concentrations which, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any
requirement of the city’s NPDES authorization (including an increase in the
magnitude or duration of a violation).
(hh) “Person” means any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental entity,
or any other legal entity, or their legal representatives, agents, or assigns. This
definition includes all federal, state, or local governmental entities.
(ii) “pH” means a measure of the acidity or alkalinity of a substance, expressed
in standard units.
(jj) “Pollutant” means any dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discharged
equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the
characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color,
BOD, chemical oxygen demand (COD), toxicity, or odor).
(kk) “Pretreatment” means the reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant properties in
wastewater prior to (or in lieu of) introducing such pollutants into the POTW. This
reduction or alteration can be obtained by physical, chemical, or biological
processes; by process changes; or by other means (except by diluting the
concentration of the pollutants unless allowed by an applicable pretreatment
standard).
(ll) “Pretreatment requirements” means any substantive or procedural
requirement related to pretreatment imposed on a user, other than a
pretreatment standard.
(mm) “Pretreatment standards” or “standards” means prohibited discharge
standards, categorical pretreatment standards, and local limits established by the
city (POTW).
(nn) “Prohibited discharge standards” or “prohibited discharges” means absolute
prohibitions against the discharge of certain substances; these prohibitions
appear in AMC 13.36.050
(oo) “Publicly owned treatment works (POTW)” means a “treatment works,” as
defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the city.
This definition includes all devices, facilities, or systems used in the collection,
storage, treatment, recycling, and reclamation of sewage or industrial wastes of a
liquid nature and any conveyances which convey wastewater to a treatment
plant. The term also means the City of Arlington Wastewater Treatment Plant.
.
(pp) “Recreational vehicle waste (RV waste)” means any domestic and/or
residential wastes from holding tanks on private recreational vehicles, including
travel trailers, pickup truck mounted campers and mobile domestic single-family
recreational vehicles. This category does not include tour buses and public
transportation vehicles. This category does not include wastes from vehicles
which collect wastewater from holding tanks.
(qq) “Septic tank waste” means any domestic and/or residential sewage from
holding tanks such as vessels, chemical toilets, and septic tanks.
(rr) “Sewage” means human excrement and gray water (household showers,
dishwashing operations, etc.).
(ss) “Sewer” means any pipe, conduit ditch, or other device used to collect and
transport sewage from the generating source.
(tt) Shall, May. “Shall” is mandatory, “may” is permissive.
(uu) “Significant industrial user (SIU)” means:
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(A) Discharges an average of 25,000 gpd or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling and
boiler blowdown wastewater); or
(B) Contributes a process wastestream which makes up 5 percent or
more of the average dry weather hydraulic or organic capacity of the
POTW treatment plant; or
(C) Is designated as such by the city on the basis that it has a
reasonable potential for adversely affecting the POTW’s operation or for
violating any pretreatment standard or requirement;
(3) Upon a finding that a user meeting the criteria as stated herein has no
reasonable potential for adversely affecting the POTW’s operation or for
violating any applicable pretreatment standard or requirement, the city may
at any time, on its own initiative or in response to a petition received from a
user, determine that such user should not be considered a significant
industrial user.
(vv) “Slug load” means any discharge at a flow rate or concentration which could
cause a violation of the discharge standards in AMC 13.36.050 through
13.36.080 or any discharge of a non-routine, episodic nature, including but not
limited to an accidental spill or a non-customary batch discharge, or any
discharge greater than or equal to five times the amount or concentration allowed
by authorization or this chapter.
(ww) “Standard Industrial Classification (SIC) code” means a classification
pursuant to the Standard Industrial Classification Manual issued by the United
States Office of Management and Budget.
(xx) “State” means the state of Washington.
(yy) “Storm water” means any flow occurring during or following any form of
natural precipitation, and resulting from such precipitation, including snowmelt.
(zz) “Total suspended solids” means the total suspended matter that floats on the
surface of, or is suspended in, water, wastewater, or other liquid, and which is
removable by laboratory filtering.
(aaa) “Toxic pollutant” means one of the pollutants, or combination of those
pollutants, listed as toxic in regulations promulgated by EPA under Section 307
(33 U.S.C. 1317) of the Act, or other pollutants as may be promulgated.
(bbb) “Treatment plant effluent” means the discharge from the POTW into
waters of the United States.
(ccc) Treatment Works. See “Publicly owned treatment works (POTW).”
(ddd) “User” or “industrial user” means a source of indirect discharge. The
source shall not include “domestic user” as defined herein.
(eee) “Wastewater” means liquid and water-carried industrial wastes and
sewage from residential dwellings, commercial buildings, industrial and
manufacturing facilities, and institutions, whether treated or untreated, which are
contributed to the POTW.
(fff) “Wastewater Discharge Agreement” see Discharge Agreement.
(ggg) “Wastewater treatment plant” or “treatment plant” means that portion of
the POTW which is designed to provide treatment of municipal sewage and
authorized industrial waste.
(hhh) The use of the singular shall be construed to include the plural and the
plural shall include the singular as indicated by the context of its use.
13.36.040 Abbreviations.
The following abbreviations shall have the designated meanings:
a. AKART All known available and reasonable technology
b. ASPP Accidental spill prevention plan
c. BMPs Best management practices
d. BOD Biochemical oxygen demand
e. CFR Code of Federal Regulations
f. COD Chemical oxygen demand
g. DA Discharge Agreement
h. EPA U.S. Environmental Protection Agency
i. FOG Fats, oils, and grease gpd gallons per day
j. mg/l Milligrams per liter
k. LEL Lower explosive limit
l. NPDES National Pollutant Discharge Elimination System
m. O and M Operation and maintenance
n. POTW Publicly owned treatment works
o. RCRA Resource Conservation and Recovery Act
p. SIU Significant Industrial User
q. SIC Standard Industrial Classifications
r. SWDA Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
s. TTO Total toxic organics
t. TSS Total suspended solids U.S.C. United States Code
13.36.050 Prohibited discharge standards.
(a) General Prohibitions. No user shall introduce or cause to be introduced into
the POTW any pollutant or wastewater which causes pass through or
interference. These general prohibitions apply to all users of the POTW whether
or not they are subject to categorical pretreatment standards or any other
national, state, or local pretreatment standards or requirements.
(b) Specific Prohibitions. No user shall introduce or cause to be introduced into
the POTW the following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, wastestreams with a closed-cup flashpoint of
less than 140 degrees Fahrenheit (60 degrees centigrade) using the test
methods specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 5.5 or more than 8.0, or otherwise
causing corrosive structural damage to the POTW or equipment;
(3) Solid or viscous substances in amounts which will cause obstruction of
the flow in the POTW resulting in interference but in no case solids greater
than one-quarter inch;
(4) Pollutants, including oxygen-demanding pollutants (BOD, COD, etc.),
released in a discharge at a flow rate and/or pollutant concentration which,
either singly or by interaction with other pollutants, will cause interference
with the POTW;
(5) Wastewater having a temperature which will inhibit biological activity in
the treatment plant resulting in interference, but in no case wastewater which
causes the temperature at the introduction into the treatment plant to exceed
104 degrees Fahrenheit (40 degrees centigrade) unless the director, upon
the request of the user, approves alternate temperature limits. In no case
shall wastewater having a temperature greater than 150 degrees Fahrenheit
be discharged to the collection system;
(6) Petroleum oil, non-biodegradable cutting oil, solvents, or products of
mineral oil origin, in amounts that will cause interference or pass through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes
within the POTW in a quantity that may cause acute worker health and safety
problems;
(8) Trucked or hauled pollutants, including sanitary wastes and grease
wastes, unless authorized by the director;
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which,
either singly or by interaction with other wastes, are sufficient to create a
public nuisance or a hazard to life, or to prevent entry into the sewers for
maintenance or repair;
(10) Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the treatment plant’s
effluent, thereby violating the city’s NPDES authorization. Color (in
combination with turbidity) shall not cause the treatment plant effluent to
reduce the depth of the compensation point for photosynthetic activity by
more than 10 percent from the seasonably established norm for aquatic life;
(11) Wastewater containing any radioactive wastes or isotopes except as
specifically approved by the director in compliance with applicable state or
federal regulations;
(12) Storm water, surface water, ground water, artesian well water, roof
runoff, subsurface drainage, swimming pool drainage, condensate, deionized
water, noncontact cooling water, and unpolluted wastewater, unless
specifically authorized by the director;
(13) Any sludges, screenings, or other residues from the pretreatment of
industrial or commercial wastes or from industrial or commercial processes,
except as authorized by the director;
(14) Medical wastes, except as specifically authorized by the director;
(15) Wastewater causing, alone or in conjunction with other sources, the
treatment plant’s effluent to fail a toxicity test;
(16) Detergents, surface-active agents, or other substances which may
cause excessive foaming in the POTW;
(17) Any liquid, solids, or gases which by reason of their nature or quantity
are, or may be, sufficient either alone or by interaction with other substances
to cause fire or explosion or be injurious in any other way to the POTW or to
the operation of the POTW. At no time shall two successive readings on an
explosion meter, at the point of discharge into the system (or at any point in
the system), be more than 5 percent nor any single reading over 10 percent
of the lower explosive limit (LEL) of the meter;
(18) Animal intestines or tissues, paunch manure, bones, hair, hides or
fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, waste paper, styrofoam, wood, plastics, gas, tar
asphalt residues, residues from refining or processing of fuel or lubricating
oil, mud, or glass grinding or polishing wastes;
(19) Any substance which will cause the POTW to violate its NPDES and/or
other disposal system permits;
(20) Any wastewater, which in the opinion of the director can cause harm
either to the sewers, sewage treatment process, or equipment; have an
adverse effect on the receiving stream; or can otherwise endanger life, limb,
public property, or constitute a nuisance, unless allowed under special
agreement by the director (except that no special waiver shall be given from
categorical pretreatment standards);
(21) The contents of any tank or other vessel owned or used by any person
in the business of collecting or pumping sewage, effluent, septage, or other
wastewater;
(22) Any hazardous or dangerous wastes as defined in rules published by
the state of Washington (Chapter 173-303 WAC) and/or in EPA rules 40 CFR
Part 261;
(23) Persistent pesticides and/or pesticides regulated by the Federal
Insecticide Fungicide Rodenticide Act (FIFRA);
(24) Any slug load;
(25) Any substance which may cause the POTW’s effluent or treatment
residues, sludges, or scums to be unsuitable for reclamation and reuse, or to
interfere with the reclamation process;
(26) Fats, oils and grease in amounts that may cause obstructions or
maintenance problems in the collection/conveyance system, or interference
in the POTW;
(27) Waste antifreeze (ethylene glycol, etc.);
(28) Flow from an individual industrial facility in excess of 120,000 gpd
without written permission of the director;
(29) BOD or TSS from an individual industrial or commercial facility in
excess of 750 mg/l measured at the point of connection with the city
system.
(c) Pollutants, substances, or wastewater prohibited by this section shall not be
processed or stored in such a manner that they could be discharged to the
POTW.
13.36.060 Federal categorical pretreatment standards.
The national categorical pretreatment standards found at 40 CFR Chapter I,
Subchapter N, Parts 405 – 471 are incorporated herein by reference as if set forth in full
in this chapter.
13.36.070 State requirements.
State requirements and limitations on discharges to the POTW shall be met by all
users which are subject to such standards in any instance in which they are more
stringent than federal requirements and limitations, or those in this chapter or other
applicable ordinances.
13.36.080 Local discharge limitations.
(a) The following discharge limitations are established to prevent site-specific
treatment plant and environmental problems. The local discharge limitations
under this section are in force for all nondomestic users of the city’s wastewater
treatment plant. Local discharge limitations for the city are established using the
allowable headworks loading method in accordance with the following EPA
documents:
(1) Guidance Manual on the Development and Implementation of Local
Discharge Limitations under the Pretreatment Program (1987);
(2) Supplemental Manual on the Development and Implementation of Local
Discharge Limitations Under the Pretreatment Program (1991);
(3) PRELIM Version 4.0 Users Guide (1991).
(b) The following local discharge limitations are based on a technical analysis of
the total loading of pollutants to the river watershed and the requirements of the
Washington State Water Quality Standards (Chapter 173-201A WAC) and the
Biosolids protection criteria in accordance with 40 CFR Part 503 final rule signed
November 25, 1993.
(c) Wastewater containing total recoverable metals in concentrations exceeding
these local discharge limitations shall not be discharged to the city’s collection
system or treatment works:
TBD = to be determined upon completion of testing and analysis.
(d) Local discharge limitations apply at the point where wastewater is discharged
to the collection system for all users. Local discharge limitations are in force at all
monitoring facilities required under AMC 13.36.520
LOCAL DISCHARGE LIMITATIONS
. The director, at his/her
option, may elect to have local discharge limitations apply after pretreatment and
prior to mixing with other wastewater generated within an individual industrial
Organics as Grab Sample
100 mg/l FOGs 1000 mg/l Chlorine
750 mg/l BOD TBD mg/l Cyanide
750 mg/l TSS
Metals as 24-Hour Flow Proportional Composite Sample
100 mg/l FOGs0.71 mg/l Arsenic 0.10 mg/l Mercury
0.70 mg/l Cadmium 1.48 mg/l Nickel
1.47 mg/l Chromium 0.47 mg/l Silver
0.50 mg/l Copper 1.67 mg/l Zinc
0.52 mg/l Lead
facility.
(e) Local discharge limitations are expressed in units of milligrams of
contaminant per liter of solution. The total mass or concentration of the
constituent ion shall be limited under these maximum allowable discharge
limitations without regard to oxidation state or chelation status. Where the user is
subject to a categorical pretreatment standard or a specific discharge limitation
under a state waste discharge agreement, the more stringent limit or
pretreatment standard shall apply.
13.36.090 City’s right of revision.
The city reserves the right to establish, by ordinance or in an amended
Wastewater Discharge Agreement, more stringent standards or requirements on
discharges to the POTW.
13.36.100 Special Discharge Agreement.
(a) The city may enter into Wastewater Discharge Agreements with significant
industrial users to accept conventional pollutants compatible with the treatment
system at concentrations greater than those typical of domestic wastewater.
Users with BOD or TSS levels higher than 250 mg/l must have a written
agreement with the city before commencing discharge. Within such agreements,
the city may establish terms of the user’s discharge to the POTW, including
maximum flow rates. The city may also establish fees, in addition to those
established in AMC 13.12, to recover costs associated with treating such wastes
and the cost of monitoring to verify operation in accordance with agreements.
(b) The adoption of fees shall be in accordance with AMC 13.36.770
(c) Nondomestic users may be assigned to user groups in accordance with the
determination of the director. These nondomestic users may discharge
wastewater to the treatment works without a written agreement. However, the
user fees applicable to the assigned user group classification must be paid in
accordance with the current rate structure adopted by the city. In no case shall
the conventional waste strength of any user group classification exceed 750 mg/l
BOD or 750 mg/l TSS.
. In no case
shall the discharge of conventional pollutants be allowed where the strength of
such pollutants exceeds 750 mg/l BOD or 750 mg/l TSS.
(d) Users discharging or intending to discharge pollutants other than BOD and
TSS, and claiming compatibility, must prove to the satisfaction of the director that
such pollutants are compatible with the POTW. These cases will be handled on a
case-by-case basis by the director. Written approval is required prior to
introducing such wastes into the treatment works. Appropriate fees may apply in
accordance with the determination of the director.
(e) In no case will a special Wastewater Discharge Agreement waive compliance
with state or federal pretreatment requirements or standards, including
categorical standards.
13.36.110 Dilution.
A user shall not increase the use of process water, or in any way attempt to dilute
a discharge, as a partial or complete substitute for adequate treatment to achieve
compliance with an applicable pretreatment standard or requirement unless expressly
authorized by an applicable pretreatment standard or requirement. The director may
impose mass limitations on users which he/she believes may be using dilution to meet
applicable pretreatment standards or requirements or in other cases when the
imposition of mass limitations is appropriate.
13.36.120 General pretreatment facilities.
(a) User(s) shall provide all known, available, and reasonable methods of
prevention, control, and treatment (AKART) as required to comply with this
chapter and shall achieve compliance with all applicable pretreatment standards
and requirements set out in this chapter within the time limitations specified by
the EPA, the state, or the director, whichever is more stringent.
(b) Any facilities required to pretreat wastewater to a level acceptable to the city
shall be provided, operated, and maintained at the user’s expense.
(c) In addition, the director may establish best management practices (BMPs) for
particular groups of users. These BMPs may include, but are not limited to, types
or methods of pretreatment technology to be used, methods of source control,
minimum maintenance requirements, delay prevention practices, good
housekeeping, spill prevention practices, or other requirements as deemed
necessary.
(d) When required by the director, an engineering report, including detailed plans
showing the pretreatment facilities and operating procedures, shall be submitted
to the city for review, and shall be acceptable to the city before construction of
the facility. The review of such plans and operating procedures will in no way
relieve the user from the responsibility of modifying the facility as necessary to
produce an acceptable discharge to the city under the provisions of this chapter.
(e) Within 90 calendar days after the completion of the wastewater pretreatment
facility, the discharger shall furnish as built drawings and its operations and
maintenance procedures. Any subsequent significant changes in the
pretreatment facility or method of operation shall be reported to and approved by
the director prior to the initiation of the changes.
(f) New sources, and new users determined to be significant industrial users
(SIUs) must have pretreatment facilities installed and operating prior to
discharge, if required.
13.36.130 Deadline for compliance with applicable pretreatment requirements.
(a) See AMC 13.36.370
(b) Compliance by existing sources (categorical users) covered by categorical
pretreatment standards shall be as specified in the appropriate standard. The city
shall establish a final compliance deadline date for any categorical user when the
local limits for said user are more restrictive than EPA’s categorical pretreatment
standards. The city may establish a final compliance deadline date for any
existing user not covered by categorical pretreatment standards.
for compliance schedule requirements.
(c) New source dischargers, and “new users” that are determined to be
significant industrial users (SIUs), are required to comply with applicable
pretreatment standards within the shortest feasible time as determined by the
director (not to exceed 90 calendar days from the beginning of discharge). New
sources, and “new users” that are determined to be significant industrial users
(SIUs), shall install and have in operating condition and shall “start-up” all
pollution control equipment required to meet applicable pretreatment standards
before beginning to discharge.
(d) Any W astewater Discharge Agreement issued to a categorical user shall not
contain a compliance date beyond any deadline date established in EPA’s
categorical pretreatment standards.
(e) Any other existing user that is considered to be an SIU, or a categorical user
that must comply with a more stringent local limit, which is in noncompliance with
any local limits shall be provided with a compliance schedule to insure
compliance within the shortest time feasible. A compliance schedule may be
included in the subject user’s Wastewater Discharge Agreement. In no case shall
compliance with the city’s local discharge limitation exceed two (2) years from the
date of adoption of said limit by the city.
(f) All existing commercial and industrial users not determined by the director to
be significant industrial users (SIUs) shall have one (1) year to comply with the
requirements of this chapter. Users not considered as significant industrial users
may request in writing an extension of the requirement for compliance. Such
extensions will be authorized by the director only for good cause. An extension of
the compliance deadline is valid only upon receiving written agreement from the
director.
(g) A specific compliance schedule for pretreatment facilities for sources of fats,
oils and grease is included in AMC 13.36.140
(h) Wastewater Discharge Agreements or contracts between the City of
Arlington and any user or sewer utility customer that are in existence on the
effective date of the ordinance codified in this chapter shall remain in full force
and effect until the termination date of such Wastewater Discharge Agreement or
contract. Each section and subsection of this chapter that is not in direct conflict
with an existing Wastewater Discharge Agreement or contract shall become in
effect immediately upon the effective date of the ordinance codified in this
chapter. Application and enforcement of any section or subsection that is in direct
conflict with existing Wastewater Discharge Agreement or contract shall be
deferred for the duration of the existing Wastewater Discharge Agreement or
contract. Where specific requirements of this chapter are not specifically
prohibited or addressed under the requirements of an existing Wastewater
Discharge Agreement or contract, the presumption shall be that an existing
Wastewater Discharge Agreement or contract allows imposition and enforcement
of the specific requirements of this chapter. Where an existing Wastewater
Discharge Agreement or contract is in conflict with any state or federal regulation
or standard, the subject Wastewater Discharge Agreement or contract shall be
renegotiated so that compliance with the state and federal requirements is
achieved. Wastewater Discharge Agreements or contracts not in conformance
with this chapter or any state or federal regulation or standard shall not be
renewed without modifications to bring such contracts into compliance therewith.
.
13.36.140 Pretreatment facilities for fats, oils and grease (FOG).
(a) General requirements.
(1) It shall be unlawful for any food service establishment or other person to
discharge, or cause to be discharged, processing wastewater to the
collection system or POTW which contains oils, greases, solids, or liquids
sufficient to cause obstruction or otherwise interfere with the proper
operations of the POTW or collection system.
(2) It shall also be unlawful for any food service establishment or other
person to dispose of any grease waste or processing waste containing oils,
greases, solids, or liquids and discharge said waste into any drainage piping,
public or private sanitary sewer, storm drainage system, sufficient to interfere
with the proper operation of that system, or to discharge said waste to any
land, street, public way, river, stream, or other waterway.
(3) It shall further be unlawful for any person to allow liquid waste to
accumulate on his property or in his possession which is injurious to public
health or emits offensive odors.
(4) It shall be unlawful for any person to utilize any chemical emulsifying
agent for the purpose of hindering or eliminating the interception of fats or
grease prior to entering the city’s wastewater collection system.
(5) Food service establishments and other facilities described in subsection
(d) of this section discharging wastewater shall install, operate, clean, and
maintain a sufficiently sized oil and grease, water and solids separator
(herein called grease interceptor) necessary to achieve compliance with
requirements set forth under this provision.
(6) Oil or grease of petroleum or mineral origin shall not be discharged to the
city’s sewer system at a concentration in excess of 100 mg/l.
(7) Fats, oil or grease of animal or vegetable origin shall not be discharged
to the city’s sewer system at a concentration in excess of 100 mg/l.
(8) The concentration of oils and grease shall be measured in samples
taken from the sampling chamber following pretreatment in an approved
grease interceptor in accordance with the requirements of this section. Oil
and grease concentration shall be measured using the partition-gravimetric
method or the partition-infrared method outlined in the latest edition of
Standard Methods for the Examination of Water and Wastewater, published
by the American Public Health Association.
(b) Waste Discharge Requirements.
(1) Waste discharge from fixtures and equipment in establishments that may
contain grease, including but not limited to scullery sinks, pot and pan sinks,
vent hood drains, dishwashing machines, soup kettles and floor drains
located in areas where grease containing materials may exist, may be
drained into the sanitary sewer system only after such discharges are
pretreated in an approved grease waste interceptor in accordance with this
section.
(2) No sanitary wastes from toilets, urinals, or other similar fixtures may be
discharged through any grease waste interceptor. All wastes shall enter the
interceptor through the inlet pipe only. The wholesale shredding of food
wastes into any fixture which discharges to a grease waste interceptor is
prohibited.
(c) Location.
(1) Each grease interceptor shall be so installed and connected that it shall
be at all times easily accessible for inspection, cleaning, and the removal of
the intercepted grease. Location of the interceptor shall meet the approval of
the director.
(2) Interceptors shall be placed as close as practical to the fixture(s) they
serve.
(3) Each business establishment for which a grease interceptor is required
shall have an interceptor which shall serve only that establishment.
(d) Pretreatment Required.
(1) Dischargers who operate newly constructed or remodeled restaurants,
meat cutting facilities, cafes, lunch counters, bakeries, cafeterias, bars, or
clubs; or hotel, hospital, sanitarium, factory or school kitchens; or other
establishments that serve or prepare food where FOG may be introduced to
the sanitary sewer system shall have pretreatment facilities to prevent the
discharge of FOG.
(2) Dischargers who operate automatic and coin-operated laundries, car
washes, filling stations, commercial garages or similar businesses having
any type of washing facilities (including pressure washing and steam
cleaning) or any other dischargers producing grit, sand, oils, lint, or other
materials which have the potential of causing partial or complete obstruction
of the building site sewer or other areas in the POTW shall install approved
interceptors, oil/water separators, or tanks in accordance with specifications
adopted by the City of Arlington such that excessive amounts of oil, sand and
inert solids are effectively prevented from entering the POTW.
(e) Design.
(1) Grease interceptors shall be multiple compartment flotation chambers
where grease floats to the water surface and is retained while the clear water
underneath is discharged. The clear water discharged is subject to the
discharge prohibitions of subsection (a)(1) of this section.
(2) The grease interceptor shall be followed by a sampling compartment to
allow for monitoring of discharges from the pretreatment unit. The geometry
of the sampling compartment shall be in accordance with City of Arlington
standard plan for grease interceptors available at the Utility Department.
Interceptors shall have fittings designed for grease retention.
(3) There shall be an adequate number of manholes to provide access for
cleaning and maintenance of all areas of the interceptors; a minimum of 1
manhole per 10 feet of interceptor length. Manhole covers shall be gas-tight
in construction, and have a minimum opening dimension of 20 inches.
(f) Sizing Criteria.
(1) Sizing Formula. The size of the grease interceptor shall be determined
by using the following formula: seating capacity or the number of meals
served per peak hour, whichever is greater, x 6.0 gallons x 2.5 hours x
storage factor = interceptor size in gallons.
(2) Storage factor shall be as follows: Facilities open less than 16 hours = 1;
Facilities open for 16 hours or more = 2; Facilities open for 24 hours = 3.
(3) In cases of certain fast food restaurants or establishments with the
potential to discharge large quantities of oils, grease, solids or wastewaters,
larger capacities of grease interceptors may be required. Prepackaged or
manufactured grease interceptors may be approved by the director with
proper engineering and application review.
(g) Source Control. All food establishments which deep fry, pan fry or otherwise
generate liquid or semisolid restaurant grease shall maintain a container on-site
for containment of liquid and semisolid grease wastes. This liquid or semisolid
grease shall be transported to an approved rendering plant. In no case shall free
liquid grease be disposed of directly into fixtures which are connected to the
sanitary sewer system. Unused butter, margarine, or other solid grease products
shall not be discharged to the sanitary sewer system through garbage disposals
or other means. No exceptions to the prohibitions of this subsection are allowed
for fixtures which discharge to the sanitary sewer system through an approved
grease interceptor. Hauling and recycling of restaurant grease shall be
accomplished at a facility holding a state rendering permit.
(h) Additives. The use of any additive, such as enzymes, chemicals, or bacteria,
as a substitute for grease interceptors or the maintenance of grease interceptors
is prohibited. The use of additives as a supplement to grease interceptors may
be authorized by the director. The director will provide a specific written protocol
for testing of additives proposed for use as supplements for grease interceptor or
sewer line maintenance. Completion of the testing protocol to the satisfaction of
the director at the expense of the grease generator is required prior to use of any
additive. Written agreement from the director shall be obtained after completion
of the testing protocol to verify that no objection is taken to the use of the
proposed additive. In no case shall any additive which emulsifies fats, oils or
grease be used. The city will provide a written test procedure for determination of
emulsifying agents.
(i) Grease Interceptor Maintenance.
(1) Each facility required to install and maintain a grease waste interceptor
under this chapter shall provide regular maintenance of said interceptor to
the satisfaction of the director in accordance with the requirements set forth
in this chapter.
(2) Each person who removes grease waste from the grease interceptor
shall, to the extent technically and mechanically possible, remove the entire
content of the grease interceptor.
(A) Pumping. All grease interceptors shall be maintained by the user at
the user’s expense. Maintenance shall include the complete removal of
all contents including floating materials, wastewater, and bottom sludges
and solids. Decanting or discharging of removed waste back into the
interceptor from which the waste was removed or any other grease
interceptor for the purpose of reducing the volume to be hauled is
prohibited.
(B) Grease Removal and Grease Interceptor Pumping Frequency. All
grease interceptors must be pumped out completely once every 3
months, or more frequently, as required by the director. Exception to this
minimum frequency of pumping may be made with special written
approval from the director for generators of small quantities of grease
wastes. In no case shall the frequency of pumping be less than once
every 6 months.
(C) Disposal of Grease Interceptor Pumpage. All waste removed from
each grease interceptor must be disposed of at a facility permitted by the
health department in the county in which the disposal facility is located.
Under no circumstances shall the pumpage be returned to the City of
Arlington POTW or sewer.
(D) Maintenance Requirements. Each person who engages in grease
waste handling shall maintain all vehicles, hoses, pumps, tanks, tools,
and equipment associated with grease waste handling in good repair,
free of leaks, and in a clean and sanitary condition. All hoses and valves
on grease waste handling vehicles or tanks shall be tightly capped or
plugged after each use to prevent leakage, dripping, spilling or other
discharge of grease wastes and any public or private property.
(E) Maintenance Records. A log indicating each pumping and servicing
of an interceptor for the previous 12 months shall be maintained on site
by each food service establishment. This log shall include date, time,
amount pumped, hauler’s business name and disposal site and shall be
kept in a conspicuous location for inspection by health department or
Arlington Sanitary Sewer Utility personnel. The maintenance record log
shall be recorded in the format of the sample log included in subsection
(j) of this section.
(F) Maintenance Reporting. The information required in the
maintenance log shall be submitted to the Arlington Sanitary Sewer
Utility annually, or more frequent as stipulated in the Wastewater
Discharge Agreement. The reporting period is January 1st through
December 31st of each year. The report shall be submitted within 30
calendar days after the end of the reporting period.
(j) Maintenance Log Format. All pumpage collected by haulers from grease
interceptors shall be verified by a maintenance log which confirms pumping,
hauling and disposal of waste. Maintenance records and maintenance reporting
requirements are specified in subsections (i)(2)(E) and (F) of this section. Each
person who engages in grease waste hauling shall complete the log each time
such person services a grease interceptor. Such person shall provide a copy of
the log to the generator of the grease waste. The log format shall be one of two
types.
(1) Type I Maintenance Log Format. The Type I format shall be used when
the transporter of the pumpage maintains and operates a grease waste
treatment facility where such facility is permitted by the local department of
Health in the county in which the facility is located. The local health
department permit shall specifically cover activities associated with grease
waste recycling and/or disposal activities. The director will maintain a list of
approved permitted grease waste receiving facilities. A permitted grease
waste facility may be added to the director’s list of approved facilities upon
submittal of a proper department of health permit for the county in which the
receiving facility is located. The Type I grease waste maintenance log format
shall be used only by transporters on the director’s list of approved permitted
grease waste receiving facilities.
(2) Type II Maintenance Log Format. The Type II grease waste interceptor
maintenance log format shall be used when the transporter of the pumpage
does not maintain and operate a permitted grease waste treatment facility.
The Type II format shall be used by all transporters not on the list of
permitted and approved grease waste receiving facilities maintained by the
director. Any transporter on the approved list who does not dispose of the
hauled grease waste at its own permitted treatment facility shall use the Type
II format.
(3) Each log entry shall consist of a single sheet of 8 ½” x 11” paper on
which the required data is entered. The following format shall be used for
each log entry:
TYPE I FORMAT GREASE INTERCEPTOR MAINTENANCE LOG
PREPARED FOR THE CITY OF ARLINGTON, WA
GENERATOR
INFORMATION Name Type facility name
Address T ype facility address
Date Hand written entry
Volume pumped Hand written entry
TRANSPORTER
INFORMATION Name T ype business name of
transporter
Address T ype transporter
address
Estimated thickness of floating grease Hand written entry
Estimated depth of bottom solids Hand written entry
COMMENTS: Provide four lines the full width of the page to
allow driver to enter observations on the
condition of the grease interceptor.
Hand written entry
Driver name Hand written entry
Driver signature Signature
TYPE II FORMAT GREASE INTERCEPTOR MAINTENANCE LOG
PREPARED FOR THE CITY OF ARLINGTON, WA
GENERATOR
INFORMATION Name Type facility name
Address Type facility address
Date Hand written entry
Volume pumped Hand written entry
TRANSPORTER
INFORMATION Name Type business name of
transporter
Address Type transporter
address
Vehicle description and capacity Hand written entry
Estimated thickness of floating grease Hand written entry
Estimated depth of bottom solids Hand written entry
COMMENTS Provide four lines the full width of the page to
allow driver to enter observations on the
condition of the grease interceptor
Hand written entry
Driver name Hand written entry
Driver signature Signature
RECEIVING
FACILITY
INFORMATION
Facility name Type facility name
Address Type facility address
Facility permit number Type Department of
Health permit number
Date Hand written entry
Volume of waste Hand written entry
Classification of waste Hand written entry
Name of receiving facility employee
authorized to document waste
discharge
Hand written entry
Signature Signature of above
employee
(k) Inspection and Entry.
(1) Any and all premises serviced by a grease interceptor and any and all
records pertaining thereto shall be subject to inspection by the director for the
purpose of determining compliance with this chapter.
(2) Any and all premises and vehicles used by any person performing
grease waste handling any and all records of such person which relate to
such person’s grease waste handling activities shall be subject to inspection
by the director for the purpose of determining compliance with this chapter.
(l) Existing Dischargers of Grease Wastes.
(1) All existing restaurants, cafes, bakeries, lunch counters, cafeterias, meat
cutting facilities, bars, or clubs, or hotel, hospital, sanitarium, factory or
school kitchens; or other establishments that serve or prepare food where
grease may be introduced to the sanitary sewer system which do not have
grease interceptors, or do not have adequately sized interceptors at the time
of adoption of the ordinance codified in this chapter shall meet the
requirement for interception of grease, oils and fats by installing an approved
grease interceptor.
(2) Approved grease interceptors shall be installed within six (6) months of
the adoption of the ordinance codified in this chapter for existing facilities
identified by the director as having a history of causing problems in the city’s
collection system. Facilities which must install approved grease interceptors
within six (6) months of ordinance adoption will be notified in writing by the
director.
(3) Existing facilities which are not so notified by the director shall have
eighteen (18) months from the time of adoption of the ordinance codified in
this chapter to install approved grease interceptors in accordance with this
chapter. Existing facilities which currently have grease interceptors of
adequate size to meet the requirements of this chapter shall submit drawings
of the existing installation along with calculations to demonstrate the
adequacy of the existing installation. If the director determines that the
existing grease interceptor meets the requirements of this chapter, the facility
will be required to install only the sampling chamber as shown on the
standard plan for grease interceptors.
13.36.150 Additional pretreatment measures.
(a) Whenever deemed necessary, the director may require users to restrict their
discharge during peak flow periods, designate that certain wastewater be
discharged only into specific sewers, relocate and/or consolidate points of
discharge, separate sewage wastestreams from industrial wastestreams, and
such other conditions as may be necessary to protect the POTW and determine
the user’s compliance with the requirements of this chapter.
(b) When determined necessary by the director, each user discharging into the
POTW shall install and maintain, on the user’s property and at their expense, a
suitable storage and flow-control facility to insure equalization of flow. The
director may require the facility to be equipped with alarms and a rate of
discharge controller, the regulation of which shall be determined by the director.
A W astewater Discharge Agreement (DA) may be issued solely for flow
equalization.
(c) Users with the potential to discharge flammable substances may be required
to install and maintain an approved combustible gas detection meter.
(d) When a new building is constructed without a tenant, and has any sewers
which are intended to serve wastes other than sanitary or domestic waste, a
multiple compartment interceptor approved by the director shall be installed.
13.36.160 Accidental spill prevention program/slug load control plan.
Each discharger shall provide protection from accidental discharge of materials
or substances prohibited or limited under this chapter into the municipal sewer system
or into waters of the state. Where necessary, facilities to prevent accidental discharge
of prohibited materials shall be provided and maintained at the discharger’s cost and
expense. Detailed plans showing facilities and operating procedures to provide this
protection shall be submitted to the director for review, and shall be approved by the
director before construction of the facility. Each discharger, where requested by the
director, shall complete its plan and submit same to the director within 90 calendar
days of being notified by the director. No discharger who discharges to the municipal
sewer system after the aforesaid date shall be permitted to introduce pollutants into
the system until accidental discharge protection procedures have been approved by
the director. Review and approval of such plans and operating procedures by the
director shall not relieve the discharger from the responsibility to modify its facility as
necessary to meet the requirements of this chapter.
(a) Any user required to develop and implement an accidental discharge/slug
control plan shall submit a plan which addresses, at a minimum, the following:
(1) Description of discharge practices, including non-routine batch
discharges;
(2) Description and itemization of stored chemicals;
(3) Procedures for immediately notifying the POTW of any accidental or slug
discharge. Such notification must also be given for any discharge which
would violate any of the standards in AMC 13.36.050 through 13.36.080
(4) Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection and
maintenance of storage areas, handling and transfer of materials, loading
and unloading operations, control of plant site
; and
(5) Runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants (including solvents), and/or
measures and equipment for emergency response.
(b) Accidental Spill Prevention Plan (ASPP)/Slug Load Control Plan Format. All
users required to develop and implement an ASPP/slug load plan shall provide
the required plan in a specific format. The format to be used in the plan submittal
is contained in Appendix 4 of the EPA Region X guidance manual entitled
“Guidance Manual for the Development of an Accidental Spill Prevention
Program”. The director will review each plan submittal for completeness. If the
director identifies any deficiencies in the plan it will be returned with specific
deficiencies identified. The plan shall be modified to address the deficiencies
noted and resubmitted for approval. Resubmittal shall be accomplished within six
(6) weeks of the return of a deficient plan.
(c) Notification. Dischargers shall notify the director immediately upon the
occurrence of a slug load or accidental discharge of substances prohibited by
this chapter. Notification by telephone call shall be followed within five (5)
calendar days by a written report containing the following information:
(1) Location of discharge;
(2) Date and time thereof;
(3) Type of waste;
(4) Concentration and volume;
(5) Corrective actions. Any discharger who discharges a slug load of
prohibited materials shall be liable for any expense, loss or damage to the
City of Arlington’s Sanitary Sewer System in addition to the amount of any
fines imposed by the director on account thereof under the requirements of
this chapter.
(d) Within five (5) calendar days following an accidental discharge, the user shall
submit to the director a detailed written report describing the cause of the
discharge and the measures to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of any expense, loss,
damage, or other liability which may be incurred as a result of damage to the
POTW, fish kills, or any other damage to person or property; nor shall such
notification relieve the user of any fines, civil penalties, or other liability which
may be imposed by this chapter or other applicable law.
(e) Signs shall be permanently posted in conspicuous places on the user’s
premises advising employees whom to call in the event of a slug or accidental
discharge. Employers shall instruct all employees who may cause or discover
such a discharge with respect to emergency notification procedures.
13.36.170 Septic tank wastes.
See AMC 13.20.110.
13.36.180 Monitoring of wastewater discharges.
(a) The director may require monitoring and periodic monitoring reports from any
nondomestic discharger. Such monitoring will be performed at the expense of the
discharger and in accordance with a schedule specified by the director. Such
monitoring shall be required where the director determines that there is a
reasonable possibility that the user may not be in compliance with this chapter.
Monitoring and reporting requirements for users who are not considered as
significant industrial users shall conform to AMC 13.36.370(f), (g) and (h), and
13.36.450
(b) Recreational Vehicle (RV) Wastewater.
. Results of monitoring shall be forwarded to the director in accordance
with the director’s specifications.
(1) Wastewater from individual recreational vehicles shall be discharged to
the treatment works only at sites approved in writing by the director. RV
wastewater may also be discharged to collection facilities designed for this
use and owned and operated by the City of Arlington. The city may eliminate
city owned RV wastewater sites at any time for any reason.
(2) Commercial operators and all other persons seeking to develop, operate
and own RV dump stations must obtain approval from the director in writing
prior to construction and operation of such facilities. Persons operating RV
dump sites at the time of adoption of the ordinance codified in this chapter
shall make themselves known to the director within 3 months of adoption of
the ordinance codified in this chapter and request permission to continue
operation.
(3) The city may establish such fees as are deemed necessary for operation
of approved RV wastewater sites.
13.36.190 Garbage disposal/garbage grinders.
The use of garbage disposal units or garbage grinders for the wholesale disposal
of garbage, paper products or Styrofoam products to the sanitary sewer system is
prohibited. The installation or use of garbage grinders/garbage disposal units with rated
motor power greater than three-quarter horsepower is prohibited. All garbage
grinder/garbage disposal units with motors greater than three-quarter horsepower at the
time of adoption of the ordinance codified in this chapter shall be removed within six (6)
months of adoption of the ordinance codified in this chapter. More than one (1)
grinder/disposal unit per commercial/industrial connection shall require the approval of
the director.
13.36.200 Dangerous waste regulations.
(a) Permit Requirements for Dangerous Waste Constituents. Users discharging
a wastestream containing dangerous wastes as defined in Chapter 173-303
WAC (listed, characteristic, or criteria wastes) are required to comply with the
following permit provisions:
(1) Obtain a written agreement to discharge the waste from the director, and
either obtain specific authorization to discharge the waste in a state waste
discharge permit issued by the Department of Ecology, or accurately
describe the wastestream in a temporary permit obtained pursuant to RCW
90.48.165. The description shall include at least:
(A) The name of the dangerous waste as set forth in Chapter 173-303
WAC, and the dangerous waste number;
(B) The mass of each constituent expected to be discharged;
(C) The type of discharge (continuous, batch, or other).
(2) Compliance shall be obtained on the following schedule:
(A) Before discharge for new users;
(B) Within 30 calendar days after becoming aware of a discharge of
dangerous wastes to the POTW for existing users; and
(C) Within 90 calendar days after final rules identifying additional
dangerous wastes or new characteristics or criteria of dangerous waste
are published for users discharging a newly listed dangerous waste.
(b) Requirements for Participation in Local Hazardous Waste Management
Program. All commercial users of the treatment works owned and operated by
the City of Arlington shall participate in the local hazardous waste management
program for Snohomish County. All reasonable efforts shall be made to reduce
and recycle waste liquids and small quantity wastes generated in the business
environment. Disposal of small quantities of hazardous wastes to the sanitary
sewer system and treatment works is prohibited. Small quantity generators
(SQGs), as defined in Chapter 173-303 WAC, shall ensure delivery of all
dangerous wastes to a permitted waste management facility, legitimate recycler,
facility that beneficially uses or reuses it, a permitted municipal or industrial solid
waste facility (with prior consent of operator) or in accordance with local
moderate risk waste plans developed by Snohomish County.
13.36.210 Required.
(a) No significant industrial user (SIU) shall discharge wastewater into the
POTW without first obtaining a Wastewater Discharge Agreement from the
director. Any violation of the terms and conditions of a Wastewater Discharge
Agreement shall be deemed a violation of this chapter and subjects the
agreement to the sanctions set out in this chapter. Obtaining a Wastewater
Discharge Agreement does not relieve a user of its obligation to comply with all
federal and state pretreatment standards or requirements or with any other
requirements of federal, state, and local law. The director at his/her sole
discretion will determine which discharger is a significant industrial user.
(b) The director may require other users to obtain Wastewater Discharge
Agreements (as necessary) to carry out the purposes of this chapter.
13.36.220 Existing SIU.
Any SIU that was discharging wastewater into the POTW prior to the effective
date of the ordinance codified in this chapter and that wishes to continue such
discharges in the future shall, within 60 calendar days after notification by the director,
submit a Wastewater Discharge Agreement Application to the city in accordance with
AMC 13.36.240
13.36.230 New source and “new user.”
, and shall not cause or allow discharges to the POTW to continue after
180 calendar days of the effective date of notification except in accordance with a
Wastewater Discharge Agreement issued by the director.
At least 90 calendar days prior to the anticipated start-up, new sources, sources
that become a user subsequent to the promulgation of an applicable categorical
pretreatment standard, and “new users” that are determined to be significant industrial
users (SIU) shall apply for a Wastewater Discharge Agreement and will be required to
submit to the city at least the information listed in AMC 13.36.240(a) through (f). A new
source, or “new user” that is determined to be a significant industrial user (SIU), cannot
discharge without first receiving a Wastewater Discharge Agreement from the city. New
sources, and “new users” that are determined to be significant industrial users (SIUs),
shall also be required to include in their application information on the method of
pretreatment the user intends to use to meet applicable pretreatment standards. New
sources, and “new users” that are determined to be significant industrial users (SIUs),
shall give estimates of the information requested in AMC 13.36.240
13.36.240 Application contents.
(d) and (e).
All users required to obtain a W astewater Discharge Agreement must submit, at
a minimum, the following information on an approved Industrial and Commercial
Wastewater Discharge Application form, as approved by the Director. The Industrial and
Commercial Wastewater Discharge Application form may be obtained from the City of
Arlington Permit Center. Categorical users submitting the following information shall
have complied with 40 CFR 403.12(b).
(a) Identifying Information. The user shall submit the name and address of the
facility including the name of the operator and owners. The user shall provide the
Standard Industrial Classification (SIC) number for the facility.
(b) Authorizations. The user shall submit a list of any environmental control
authorizations held by or for the facility.
(c) Description of Operations. The user shall submit a brief description of the
nature, average rate of production, and Standard Industrial Classification of the
operation(s) carried out by such industrial user, including a list of all raw
materials and chemicals used or stored at the facility which are, or could
accidentally or intentionally be, discharged to the POTW; number and type of
employees; hours of operation; each product produced by type, amount, process
or processes, and rate of production; type and amount of raw materials
processed (average and maximum per day) and the time and duration of
discharges. This description should also include a schematic process diagram
which indicates points of discharge to the POTW from the regulated or
manufacturing processes. Disclosure of site plans, floor plans, mechanical and
plumbing plans and details to show all sewers, sewer connections, inspection
manholes, sampling chambers and appurtenances by size, location and
elevation.
(d) Flow Measurement.
(1) Categorical User. The user shall submit information showing the
measured average daily and maximum daily flow, in gallons per day, to the
POTW from each of the following:
(A) Regulated or manufacturing process streams; and
(B) Other streams as necessary to allow use of the combined
wastestream formula of 40 CFR 403.6(e).
(2) Non-categorical User. The user shall submit information showing the
measured average daily and maximum daily flow, in gallons per day, to the
POTW from each of the following:
(C) Total process flow, wastewater treatment plant flow, total plant flow
or individual manufacturing process flow as required by the director.
(D) The city may allow for verifiable estimates of these flows where
considerations are justified by cost or feasibility.
(e) Measurements of Pollutants.
(1) Categorical User.
(A) The user shall identify the applicable pretreatment standards for
each regulated or manufacturing process.
(B) In addition, the user shall submit the results of sampling and analysis
identifying the nature and concentration (or mass) where required by the
categorical pretreatment standard or as required by the city of regulated
pollutants in the discharge from each regulated or manufacturing
process. Both daily maximum and average concentration (or mass,
where required) shall be reported. The sample shall be representative of
daily operations and shall conform to sampling and analytical procedures
outlined in AMC 13.36.480 and 13.36.490
(C) The user shall take a minimum of 3 representative samples to
compile that data necessary to comply with the requirements of this
section.
.
(D) Where an alternate concentration or mass limit has been calculated
in accordance with 40 CFR 403.6(e) for a categorical user covered by a
categorical pretreatment standard this adjusted limit along with
supporting data shall be submitted as part of the application.
(2) Non-categorical User.
(A) The user shall identify the applicable pretreatment standards for its
wastewater discharge.
(B) In addition, the user shall submit the results of sampling and analysis
identifying the nature and concentration (or mass where required by the
city) of regulated pollutants contained in AMC 13.36.050 through
13.36.080, as appropriate in the discharge. Both daily maximum and
average concentration (or mass, where required) shall be reported. The
sample shall be representative of daily operations and shall conform to
sampling and analytical procedures outlined AMC 13.36.480 and
13.36.490
(C) The user shall take a minimum of 3 representative samples to
compile that data necessary to comply with the requirements of this
section.
.
(D) Where the director developed alternate concentration or mass limits
because of dilution this adjusted limit along with supporting data shall be
submitted as part of the application.
(f) Certification. A statement, reviewed by an authorized representative of the
user and certified by a qualified professional as outlined in AMC 13.36.250
(g) Compliance Schedule. If additional pretreatment and/or O and M will be
required to meet the applicable pretreatment standards, the city will establish the
shortest schedule by which the user will provide such additional pretreatment
and/or O and M modifications. The schedule shall conform to the requirements of
AMC
,
indicating whether the applicable pretreatment standards are being met on a
consistent basis, and, if not, whether additional operation and maintenance (O
and M) and/or additional pretreatment is required for the user to meet the
applicable pretreatment standards and requirements.
13.36.380. The completion date in this schedule shall not be later than the
compliance date established pursuant to AMC 13.36.150
(1) Where the user’s categorical pretreatment standard has been modified
by a removal allowance (40 CFR 403.7), the combined wastestream formula
(40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR
403.13) at the time the user submits the report required by this section, the
information required by subsections (f) and (g) of this section shall pertain to
the modified limits.
.
(2) If the categorical pretreatment standard is modified by a removal
allowance (40 CFR 403.7), the combined wastestream formula (40 CFR
403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13)
after the user submits the report required by subsections (f) and (g) of this
section, then a new report shall be submitted by the user within 60 calendar
days after the modified limit is approved.
(h) Any other information as may be deemed necessary by the director to
evaluate the Wastewater Discharge Agreement Application. Incomplete or
inaccurate applications will not be processed and will be returned to the user for
revision.
13.36.250 Signatory and certification requirement.
All W astewater Discharge Agreement Applications and user reports must be
signed by an authorized representative of the user and contain the following
certification statement:
“I declare under penalty of perjury under the laws of the State of Washington that
this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is to
the best of my knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.”
13.36.260 Decisions.
The director will evaluate the data furnished by the user and may require
additional information. Within 90 calendar days of receipt of a complete
Wastewater Discharge Agreement Application, the director will determine whether
or not to issue a Wastewater Discharge Agreement. The agreement shall be
issued within 30 calendar days of full evaluation and acceptance of the data
furnished. The director may deny any application for a Wastewater Discharge
Agreement.
3.36.270 Contents.
A Wastewater Discharge Agreement shall include such conditions as are
reasonably deemed necessary by the director to prevent pass through or interference,
protect the quality of the water body receiving the treatment plant’s effluent, protect
worker health and safety, facilitate sludge management and disposal, and protect
against damage to the POTW.
(a) Wastewater Discharge Agreements must contain the following conditions:
(1) A statement that indicates Wastewater Discharge Agreement duration,
which in no event shall exceed 5 years;
(2) A statement that the Wastewater Discharge Agreement is
nontransferable without prior notification to and approval from the city, and
provisions for furnishing the new owner or operator with a copy of the
existing Wastewater Discharge Agreement;
(3) Applicable pretreatment standards and requirements, including any
special requirements;
(4) Self monitoring, sampling, reporting, notification, submittal of technical
reports, compliance schedules, and recordkeeping requirements. These
requirements shall include an identification of pollutants to be monitored,
sampling location, sampling frequency, and sample type based on federal,
state, and local law;
(5) Requirement for immediate notification to the city where self-monitoring
results indicate noncompliance;
(6) Requirement to report a bypass or upset of a pretreatment facility;
(7) Requirement for the SIU who reports noncompliance to repeat the
sampling and analysis and submit results to the city within 30 calendar days
after becoming aware of the violation;
(8) A reference to this chapter concerning applicable civil, criminal, and
administrative penalties for violation of pretreatment standards and
requirements, and any applicable compliance schedule.
(b) Wastewater Discharge Agreements may contain, but need not be limited to,
the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of
discharge, and/or requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed to
reduce, eliminate, or prevent the introduction of pollutants into the treatment
works;
(3) Requirements for the development and implementation of spill control
plans or other special conditions including management practices necessary
to adequately prevent accidental, unanticipated, or routine discharges;
(4) Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and
sampling facilities and equipment;
(7) A statement that compliance with the Wastewater Discharge Agreement
does not relieve the applicant of responsibility for compliance with all
applicable federal and state pretreatment standards, including those which
become effective during the term of the Wastewater Discharge Agreement;
(8) Any special agreements the director chooses to continue or develop
between the city and user;
(9) Other conditions as deemed appropriate by the director to ensure
compliance with this chapter, and state and federal laws, rules, and
regulations.
13.36.280 Appeals.
Any person, including the user, may petition the City to reconsider the terms of a
Wastewater Discharge Agreement or other determination under this chapter within thirty
(30) calendar days of its issuance.
(a) Failure to submit a timely petition for review shall be deemed to be a waiver
of the administrative appeal.
(b) In its petition, the appealing party must indicate the W astewater Discharge
Agreement provisions objected to, the reasons for this objection, and the
alternative condition, if any, it seeks to place in the Wastewater Discharge
Agreement.
(c) The effectiveness of the Wastewater Discharge Agreement shall not be
stayed pending the appeal.
(d) If the city fails to act within sixty (60) calendar days of the receipt of an
appeal, a request for reconsideration shall be deemed to be denied. Decisions
not to reconsider a Wastewater Discharge Agreement, not to issue a Wastewater
Discharge Agreement, or not to modify a Wastewater Discharge Agreement shall
be considered final administrative actions for purposes of judicial review.
(e) Aggrieved parties seeking judicial review of the final administrative
Wastewater Discharge Agreement decision must do so by filing a petition for
review with the Snohomish County Superior Court within thirty (30) calendar
days.
13.36.290 Duration.
Wastewater Discharge Agreements shall be issued for a specified time period,
not to exceed five (5) years. A Wastewater Discharge Agreement may be issued for a
period less than five (5) years, at the discretion of the director. Each Wastewater
Discharge Agreement will indicate a specific date upon which it will expire.
13.36.300 Modification.
(a) The director may modify the Wastewater Discharge Agreement for good
cause including, but not limited to, the following:
(1) To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(2) To address significant alterations or additions to the user’s operation,
processes, or wastewater volume or character since the time of Wastewater
Discharge Agreement issuance;
(3) A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4) Information indicating that the authorized discharge poses a threat to the
city’s POTW, city personnel, or the receiving waters;
(5) Violation of any terms or conditions of the Wastewater Discharge
Agreement;
(6) Misrepresentations or failure to fully disclose all relevant facts in the
Wastewater Discharge Agreement application or in any required reporting;
(7) Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8) To correct typographical or other errors in the Wastewater Discharge
Agreement; or
(9) To reflect a transfer of the facility ownership and/or operation to a new
owner/operator.
(b) Such modifications of Wastewater Discharge Agreements shall occur at the
time of renewal of said agreement except in unusual circumstances related to
actions or regulations imposed by the Department of Ecology or other regulatory
authorities. Treatment plant system upsets or other treatment plant operational
problems shall also be grounds for modification of Wastewater Discharge
Agreement documents prior to the date of renewal. No vested right shall be
created by the issuance of a Wastewater Discharge Agreement under this
chapter.
13.36.310 Transfer.
(a) Wastewater Discharge Agreements may be reassigned or transferred to a
new owner and/or operator only if the current owner gives at least ninety (90)
calendar days’ advance notice to the director and the director approves the
Wastewater Discharge Agreement transfer. The notice to the director must
include a written certification by the new owner and/or operator which:
(1) States that the new owner and/or operator has no immediate intent to
change the facility’s operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing
Wastewater Discharge Agreement.
(b) Provided that the above occurs and that there were no significant changes to
the manufacturing operation or wastewater discharge, the new owner will be
considered an existing user and be covered by the existing limits and
requirements in the previous owner’s agreement. Failure to provide advance
notice of a transfer renders the Wastewater Discharge Agreement voidable as of
the date of facility transfer.
13.36.320 Revocation.
(a) Wastewater Discharge Agreements may be revoked for, but not limited to,
the following reasons:
(1) Failure to notify the city of significant changes to the wastewater prior to
the changed discharge;
(2) Failure to provide prior notification to the city of changed conditions;
(3) Misrepresentation or failure to fully disclose all relevant facts in the
Wastewater Discharge Agreement Application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the city timely access to the facility premises and
records;
(7) Failure to meet discharge limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete the Wastewater Discharge Agreement Application;
(12) Failure to provide advance notice of the transfer of an authorized facility;
(13) If the city has to invoke its emergency provision as cited in AMC
13.36.620
(14) Violation of any pretreatment standard or requirement, or any terms of
;
the Wastewater Discharge Agreement or this chapter;
(15) Failure to comply with all requirements of a written accidental spill
prevention/slug loading plan.
(b) Wastewater Discharge Agreements shall be voidable upon cessation of
operations or transfer of business ownership, unless the Discharge Agreement is
transferred in accordance with AMC 13.36.310
13.36.330 Reissuance.
. All Wastewater Discharge
Agreements issued to a particular user are void upon the issuance of a new
Wastewater Discharge Agreement to that user.
A user, required to have a Wastewater Discharge Agreement, shall apply for
Wastewater Discharge Agreement reissuance by submitting a complete Wastewater
Discharge Agreement Application, in accordance with AMC 13.36.240
13.36.340 State waste discharge authorization.
, a minimum of
ninety (90) calendar days prior to the expiration of the user’s existing Wastewater
Discharge Agreement. A user, whose existing Wastewater Discharge Agreement has
expired and has submitted its re-application in the time period specified herein, shall be
deemed to have an effective Wastewater Discharge Agreement until the city issues or
denies the new Wastewater Discharge Agreement. A user, whose existing Wastewater
Discharge Agreement has expired and who failed to submit its re-application in the time
period specified herein, will be deemed to be discharging without a Wastewater
Discharge Agreement.
Each user who holds a state waste discharge permit in compliance with the
provisions of Chapter 90.48 RCW shall forward one copy of all subject correspondence
to the director. Subject correspondence shall consist of all written communication
between the user and the state of Washington Department of Ecology concerning the
user’s state waste discharge permit including reports, letters, and submittals of
applications, legal documents and agreements. The user shall also submit one (1) copy
of all documents received from the Department of Ecology pertaining to the user’s state
waste discharge permit. The permit in effect at the time of adoption of the ordinance
codified in this chapter shall be forwarded to the director within ninety (90) calendar
days of adoption of the ordinance codified in this chapter. All correspondence with
Ecology thereafter shall be subject to the requirements of this section.
13.36.350 Baseline monitoring reports.
(a) Within either 180 calendar days after the effective date of a categorical
pretreatment standard, or the final administrative decision on a category
determination under 40 CFR 403.6(a)(4) (whichever is later), existing categorical
users currently discharging to or scheduled to discharge to the POTW shall be
required to submit to the city a report which contains the information listed in
AMC 13.36.240
(b) At least ninety (90) calendar days prior to commencement of their discharge,
new sources, and sources that become categorical users subsequent to the
promulgation of an applicable categorical standard, shall be required to submit to
the city a report which contains the information listed in AMC
.
13.36.240
(c) A new source shall also be required to submit an engineering report,
explaining the method of pretreatment it intends to use to meet applicable
categorical standards. A new source shall also give estimates of its anticipated
flow and quantity of pollutants discharged.
.
13.36.360 Final compliance report (initial compliance report).
(a) Within 90 calendar days following the date for final compliance by the
significant industrial user with applicable pretreatment standards and
requirements set forth in this chapter, in a Wastewater Discharge Agreement, or
within 30 calendar days following commencement of the introduction of
wastewater into the POTW by a new source or “new users” considered by the
city to fit the definition of SIU, the affected user shall submit to the city a report
containing the information outlined in AMC 13.36.240
(b) For users subject to equivalent mass or concentration limits established by
the city in accordance with procedures established in 40 CFR 403.6 (c), this
report shall contain a reasonable measure of the user’s long-term production
rate. For all other users subject to categorical pretreatment standards expressed
in terms of allowable pollutant discharge per unit of production (or other measure
of operation), this report shall include the user’s actual production during the
appropriate sampling period.
(d) through (f).
13.36.370 Periodic compliance report (monthly report).
(a) Any user that is required to have a Wastewater Discharge Agreement and
performs self-monitoring shall submit to the city during the months of June and
December, unless required on other dates or more frequently by the city, a report
indicating the nature of the effluent over the previous reporting period. The
frequency of monitoring shall be as prescribed within the Wastewater Discharge
Agreement. At a minimum, users shall sample their discharge at least twice per
year.
(b) The report shall include a record of the concentrations (and mass if specified
in the Wastewater Discharge Agreement) of the pollutants listed in the
Wastewater Discharge Agreement that were measured and a record of all flow
measurements (average and maximum) taken at the designated sampling
locations, and shall also include any additional information required by this
chapter or the Wastewater Discharge Agreement. Production data shall be
reported if required by the Wastewater Discharge Agreement. Both daily
maximum and average concentration (or mass, where required) shall be
reported. If a user sampled and analyzed more frequently than what was
required by the city or by this chapter, using methodologies in 40 CFR Part 136,
it must submit all results of sampling and analysis of the discharge during the
reporting period.
(c) Any user subject to equivalent mass or concentration limits established by
the city or by unit production limits specified in the applicable categorical
standards shall report production data as outlined in AMC 13.36.360
(d) If the city calculated limits to factor out dilution flows or non-regulated flows,
the user will be responsible for providing flows from the regulated process flows,
dilution flows and non-regulated flows.
(b).
(e) Flows shall be reported on the basis of actual measurement; provided,
however, that the city may accept reports of average and maximum flows
estimated by verifiable techniques if the city determines that an actual
measurement is not feasible.
(f) Sampling shall be representative of the user’s daily operations and shall be
taken in accordance with the requirements specified herein (see AMC 13.36.480
through 13.36.520
(g) The city may require reporting by users that are not required to have an
industrial Wastewater Discharge Agreement if information or data is needed to
establish a sewer charge, determine the treatability of the effluent or determine
any other factor which is related to the operation and maintenance of the sanitary
sewer system.
).
(h) The city may require self-monitoring by the user or perform the periodic
compliance monitoring needed to prepare a periodic compliance report required
under this section. If the city performs such periodic compliance monitoring, it will
charge the user for such monitoring, based upon the costs incurred by the city for
the sampling and analyses. Any such charges shall be added to the normal
sewer charge and shall be payable as part of the utility bills. The city is under no
obligation to perform periodic compliance monitoring for a user.
13.36.380 Compliance schedules for meeting applicable pretreatment
standards.
Where required by the director, SIUs shall develop and submit a compliance
schedule which brings the user into compliance with the requirements of its Wastewater
Discharge Agreement.
(a) The schedule shall contain increments of progress in the form of dates for
the commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the user to meet the
applicable pretreatment standards (e.g., hiring an engineer, completing
preliminary plans, completing final plans, executing contract for major
components, commencing construction, completing construction, etc.).
(b) No increment referred to in subsection (1) of this section shall exceed nine
(9) months.
(c) Not later than fourteen (14) calendar days following each date in the
schedule and the final date for compliance, the user shall submit a progress
report to the city including, at a minimum, whether or not it complied with the
increment of progress to be met on such date and, if not, the date on which it
expects to comply with this increment of progress, the reason for delay, and the
steps being taken by the user to return the construction to the schedule
established. In no event shall more than nine months elapse between such
progress reports.
13.36.390 Notification of significant production changes.
Any user operating under a Wastewater Discharge Agreement incorporating
equivalent mass or concentration limits shall notify the city within two (2) business days
after the user has a reasonable basis to know that the production level will significantly
change within the next calendar month. Any user not providing a notice of such
anticipated change will be required to comply with the existing limits contained in its
Wastewater Discharge Agreement.
13.36.400 Hazardous waste notification.
(a) Any user that is discharging fifteen (15) kilograms of hazardous wastes as
defined in 40 CFR 261 (listed or characteristic wastes) in a calendar month or
any facility discharging any amount of acutely hazardous wastes as specified in
40 CFR 261.30(d) and 261.33(e) is required to provide a one-time notification in
writing to the city, EPA Regional Waste Management Division Director, and the
Hazardous Waste Division of the NWRO of the Washington State Department of
Ecology. Any existing user exempt from this notification shall comply with the
requirements contained herein within thirty (30) calendar days of becoming
aware of a discharge of fifteen (15) or more kilograms of hazardous wastes in a
calendar month or the discharge of acutely hazardous wastes to the city sanitary
sewer system.
(b) Such notification shall include:
(1) The name of the hazardous waste as set forth in 40 CFR Part 261;
(2) The EPA hazardous waste number;
(3) The type of discharge (continuous, batch, or other);
(4) If an industrial user discharges more than 100 kilograms of such waste
per calendar month to the sanitary sewer system, the notification shall also
contain the following information to the extent it is known or readily available
to the industrial user:
(A) An identification of the hazardous constituents contained in the
wastes,
(B) An estimation of the mass and concentration of such constituents in
the wastestreams discharged during that calendar month, and
(C) An estimation of the mass of constituents in the wastestreams
expected to be discharged during the following twelve (12) months.
These notification requirements do not apply to pollutants already
reported under the self-monitoring requirements. Whenever the EPA
publishes final rules identifying additional hazardous wastes or new
characteristics of hazardous waste, a user shall notify the city of the
discharge of such a substance within ninety (90) calendar days of the
effective date of such regulations.
(c) In the case of any notification made under this section, an industrial
user shall certify that it has a program in place to reduce the volume and
toxicity of hazardous wastes generated to the degree it has determined to
be economically practical. Discharging hazardous waste to the sewer
system is prohibited as per AMC 13.36.050
13.36.410 Notice of potential problems, including accidental spills, slug loadings.
.
Any user shall notify the city immediately of all discharges that could cause
problems to the POTW, including any slug loadings, as defined in AMC 13.36.030
13.36.420 Noncompliance reporting.
. The
notification shall include the concentration and volume and corrective action. Steps
being taken to reduce any adverse impact should be noted during the notification. Any
user who discharges a “slug” (or slugs) of pollutants shall be liable for any expense,
loss, or damage to the POTW, in addition to the amount of any fines imposed by the
city or on the city under state or federal law.
If sampling performed by a user indicates a violation, the user shall notify the city
within 24 hours of becoming aware of the violation. The user shall also repeat the
sampling within 5 calendar days and submit the results of the repeat analysis to the city
within 30 calendar days after becoming aware of the violation, except the user is not
required to resample if:
(a) The city performs sampling at the user at a frequency of at least once per
month; or
(b) The city performs sampling at the user between the time when the user
performs its initial sampling and the time when the user receives the results of
this sampling.
13.36.430 Notification of changed discharge.
All users shall promptly notify the city in advance of any substantial change in the
volume or character of pollutants in their discharge, including significant manufacturing
process changes, pretreatment modifications, and the listed or characteristic hazardous
wastes for which the user has submitted initial notification under 40 CFR 403.12(p).
13.36.440 Total Toxic Organics reporting.
Categorical users which are required by EPA to eliminate and/or reduce the
levels of total toxic organics (TTOs) discharged into the sanitary sewer system must
follow the categorical pretreatment standards for that industry. Those users must also
meet the following requirements:
(a) Must sample, as part of the application requirements, for all the organics
listed under the TTO limit (no exceptions);
(b) May submit a statement that no TTOs are used at the facility and/or develop
a solvent management plan in lieu of continuously monitoring for TTO, if
authorized by the director. If allowed to submit a statement or develop a solvent
management plan, the user must routinely submit a certification statement as
part of its self-monitoring report that there has been no dumping of concentrated
toxic organic waste into the wastewater and that it is implementing a solvent
management plan as approved by the city. The director may require the
development and implementation of a solvent management plan in addition to
monitoring for TTO.
13.36.450 Reports from users not required to secure Wastewater Discharge
Agreements.
All users not required to obtain a Wastewater Discharge Agreement shall provide
appropriate reports to the city as the director may require.
13.36.460 Record keeping.
Users subject to the reporting requirements of this chapter shall retain, and make
available for inspection and copying, all records of information obtained pursuant to any
monitoring activities required by this chapter and any additional records of information
obtained pursuant to monitoring activities undertaken by the user independent of such
requirements. Records shall include the date, exact place, method, and time of
sampling and the name of the person(s) taking the samples; the dates analyses were
performed; who performed the analyses; the analytical techniques or methods used;
and the results of such analyses. These records shall remain available for a period of at
least 3 years. This period shall be automatically extended for the duration of any
litigation concerning the user or POTW, or where the user has been specifically notified
of a longer retention period by the director.
13.36.470 Timing.
Written reports will be deemed to have been submitted on the date postmarked.
For reports which are not mailed, postage prepaid, into a mail facility serviced by the
United States Postal Service, the date of receipt of the report shall govern.
13.36.480 Sampling requirements for users.
(a) A minimum of 4 grab samples must be used for pH, cyanide, total phenols,
sulfide, and volatile organics. The director will determine on a case-by-case basis
whether the user will be able to composite the individual grab samples. For all
other pollutants, 24-hour composite samples must be obtained through flow-
proportional composite sampling techniques where feasible. The city may waive
flow-proportional composite sampling for any user that demonstrates that flow-
proportional sampling is not feasible. In such cases, samples may be obtained
through time-proportional composite sampling techniques or through a minimum
of three (3) grab samples where the user demonstrates that this will provide a
representative sample of the effluent being discharged.
(b) Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated or
manufacturing process if no pretreatment exists or as determined by the city
and/or contained in the user’s Wastewater Discharge Agreement. For categorical
users, if other wastewaters are mixed with the regulated wastewater prior to
pretreatment the user shall measure the flows and concentrations necessary to
allow use of the combined wastestream formula of 40 CFR 403.6(e) in order to
evaluate compliance with the applicable categorical pretreatment standards. For
other SIUs, for which the city has adjusted its local limits to factor out dilution
flows, the user shall measure the flows and concentrations necessary to evaluate
compliance with the adjusted pretreatment standard(s).
(c) All sample results shall indicate the time, date and place of sampling, and
methods of analysis, and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant discharges from the
user. If a user sampled and analyzed more frequently than what was required in
its Wastewater Discharge Agreement, using methodologies in 40 CFR Part 136,
it must submit all results of sampling and analysis of the discharge as part of its
self monitoring report.
(d) Preserve samples in accordance with the specifications of Standard Methods
for the Examination of Water and Wastewater, latest edition.
(e) Chain of custody documentation may be required by the director for any
samples taken pursuant to this chapter.
13.36.490 Analytical requirements.
(a) All pollutant analyses, including sampling techniques, shall be performed in
accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise
specified in an applicable categorical pretreatment standard. If 40 CFR Part 136
does not contain sampling or analytical techniques for the pollutant in question,
sampling and analyses must be performed in accordance with procedures
approved by the EPA.
(b) All analyses performed to establish compliance and used in compliance
reporting shall be performed by a laboratory accredited by the Washington State
Department of Ecology, Quality Assurance Division in accordance with Chapter
173-50 WAC. Laboratories must be accredited for the analyses for which they
are performing.
13.36.500 City monitoring of user’s wastewater.
The city will follow the same procedures as outlined in AMC 13.36.480 and 13.36.490
13.36.510 Inspection and sampling.
.
Continued connection and use of the city’s sewer system shall be contingent on
the right of the city to inspect and sample all discharges into the system. The city shall
have the right to enter the facilities of any user for the purpose of the enforcement of
this chapter and to determine that any Wastewater Discharge Agreement or order
issued hereunder is being met and whether the user is complying with all requirements
thereof. Users shall allow the director ready access to all parts of the premises for the
purposes of inspection, sampling, records examination and copying, and the
performance of any additional duties.
(a) Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user shall make
necessary arrangements with its security guards so that, upon presentation of
suitable identification, the director will be permitted to enter without delay for the
purposes of performing specific responsibilities.
(b) The director shall have the right to set up on the user’s property or require
installation of such devices as are necessary to conduct sampling and/or
metering of the user’s operations.
(c) Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the user at
the written or verbal request of the director and shall not be replaced. The costs
of clearing such access shall be borne by the user.
(d) Unreasonable delays in allowing the director access to the user’s premises
shall be a violation of this chapter.
13.36.520 Monitoring facilities.
(a) Each significant industrial user (SIU) shall provide and operate at its own
expense a monitoring facility to allow inspection, sampling, and flow
measurements of each sewer discharge to the city. Each monitoring facility shall
be situated on the user’s premises, except where such a location would be
impractical or cause undue hardship on the user, the city may concur with the
facility being constructed in the public street or sidewalk area; provided, that the
facility is located so that it will not be obstructed by landscaping or parked
vehicles. The director, whenever applicable, may require the construction and
maintenance of sampling facilities at other locations (for example, at the end of a
manufacturing line, wastewater treatment system).
(b) A monitoring facility shall consist of a manhole or other structure in which a
prefabricated palmer-bowlus or parshall flume shall be installed. The flume shall
be of standard dimension and shall be manufactured of corrosion resistant
materials.
(c) The flume shall be installed such that free-flowing conditions occur
downstream of the throat of the flume structure. A permanent, digital, recording,
totalizing, open channel flowmeter shall be permanently installed in a
weatherproof enclosure. The flowmeter installation shall include an appropriate
automatic system to measure the water level through the flume at the appropriate
control point so that flow rate can be automatically calculated at selected
intervals. Measured liquid level readings shall be converted into corresponding
flow rates using internal conversion algorithms.
(d) The flowmeter shall be capable of initiating the operation of an attached
sampler. The flowmeter signal shall be a five to 15 volt DC pulse or isolated
contact closure of at least 25 milliseconds duration. Sample interval frequency
shall be user selected.
(e) The monitoring facility shall be approved by the director in writing prior to
construction. Existing monitoring facilities may be approved in lieu of new
construction if approval of the installation, in writing, is provided by the director.
Monitoring facilities shall include a secure area for placement of a portable
sampler owned by the city.
(f) There shall be ample room in or near such sampling facility to allow accurate
sampling, flow measurement and preparation of samples for analysis. The
facility, sampling, and measuring equipment shall be maintained at all times in a
safe and proper operating condition at the expense of the user. All monitoring
facilities shall be constructed and maintained in accordance with all applicable
local construction standards and specifications.
(g) The director may require the user to install monitoring equipment as
necessary. All devices used to measure wastewater flow and quality shall be
calibrated to ensure their accuracy. Such monitoring equipment and activities
shall be provided at the expense of the user.
(h) The requirements of this section shall apply to each significant industrial
user. A monitoring facility shall also be installed by any nondomestic user at the
direction of the director. Compliance with this section shall be in accordance with
the requirements of AMC 13.36.140
13.36.530 Search warrants.
.
If the director has been refused access to a building, structure or property, or any
part thereof, and is able to demonstrate probable cause to believe that there may be a
violation of this chapter, or that there is a need to inspect as part of a routine inspection
program of the city designed to verify compliance with this chapter or any Wastewater
Discharge Agreement or order issued hereunder, or to protect the overall public health,
safety and welfare of the community, then the director shall seek issuance of a search
and/or seizure warrant from the municipal court, the district court, or the Snohomish
County Superior Court. Such warrant shall be served at reasonable hours by the
director and may be accomplished in the company of a uniformed police officer of the
city.
13.36.540 Vandalism.
No person shall willfully or negligently damage, destroy, uncover, deface, tamper
with, or prevent access to any structure, appurtenance or equipment, or other part of the
POTW. Any person found in violation of this requirement shall be subject to the
sanctions set out in this chapter.
13.36.550 Trade secrets.
(a) Information and data on a user obtained from reports, surveys, Wastewater
Discharge Agreement Applications, and monitoring programs, and from city
inspection and sampling activities shall be available to the public without
restriction, unless the user specifically requests and is able to demonstrate to the
satisfaction of the City’s Public Information Officer, that the release of such
information would divulge information, processes or methods of production
entitled to protection as trade secrets under applicable state law.
(b) When requested and demonstrated by the user furnishing a report that such
information should be held confidential, the city shall make reasonable efforts to
assist the user in protecting the portions of a report which might disclose trade
secrets or secret processes from inspection by the public, but the same shall be
made available immediately upon request to governmental agencies for uses
related to the NPDES program or pretreatment program, and in enforcement
proceedings involving the person furnishing the report.
(c) Wastewater constituents and characteristics and other “effluent data” as
defined by 40 CFR 2.302 will not be recognized as confidential information and
will be available to the public without restriction.
13.36.560 Notice of Violation, (NOV).
(a) When the director finds that a user has violated or continues to violate any
provision of this chapter, a Wastewater Discharge Agreement or order issued
hereunder, or any other pretreatment standard or requirement, the director may
serve upon that user a written Notice of Violation. The director may select any
means of service which is reasonable under the circumstances.
(b) Within seven (7) calendar days of the receipt of this notice, an explanation of
the violation and a plan for the satisfactory correction and prevention thereof, to
include specific required actions, shall be submitted by the user to the director.
Submission of this plan in no way relieves the user of liability for any violations
occurring before or after receipt of the Notice of Violation. Nothing in this section
shall limit the authority of the city to take any action, including emergency actions
or any other enforcement action, without first issuing a Notice of Violation.
13.36.570 Consent orders.
The director may enter into consent orders, assurances of voluntary compliance,
or other similar documents establishing an agreement with any user responsible for
noncompliance. Such documents will include specific action to be taken by the user to
correct the noncompliance within a time period specified by the document. Such
documents shall have the same force and effect as the administrative orders issued
pursuant to AMC 13.36.590 and 13.36.600
13.36.580 Show cause hearing.
and shall be judicially enforceable. Use of a
consent order shall not be a bar against, or prerequisite for, taking any other action
against the user.
The director may order a user which has violated or continues to violate, any
provision of this chapter, a Wastewater Discharge Agreement or order issued
hereunder, or any other pretreatment standard or requirement, to appear before the
director and show cause why a proposed enforcement action should not be taken.
Notice shall be served on the user specifying the time and place for the meeting, the
proposed enforcement action, the reasons for such action, and a request that the user
show cause why the proposed enforcement action should not be taken. The notice of
the meeting shall be served personally or by registered or certified mail (return receipt
requested) at least ten (10) calendar days prior to the hearing. Such notice may be
served on any authorized representative of the user. A show cause hearing shall not be
a bar against, or prerequisite for, taking any other action against the user.
13.36.590 Compliance orders.
When the director finds that a user has violated or continues to violate any
provision of this chapter, a Wastewater Discharge Agreement or order issued
hereunder, or any other pretreatment standard or requirement, the director may issue
an order to the user responsible for the discharge directing that the user come into
compliance within a time specified in the order. Compliance orders may require users to
refrain from certain activities, install additional pretreatment equipment, increase self-
monitoring, or use best management practices designed to minimize the amount of
pollutants discharged to the sanitary sewer system. If the user does not come into
compliance within the time specified in the order, sewer service may be discontinued.
Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking
any other action against the user.
13.36.600 Cease and desist orders.
(a) When the director finds that a user has violated or continues to violate any
provision of this chapter, a Wastewater Discharge Agreement or order issued
hereunder, or any other pretreatment standard or requirement, or that the user’s
past violations are likely to recur, the director may issue an order to the user
directing it to cease and desist all such violations and directing the user to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge.
(b) Issuance of a cease and desist order shall not be a bar against, or a
prerequisite for, taking any other action against the user.
13.36.610 Administrative fines.
(a) When the director finds that a user has violated or continues to violate any
provision of this chapter, a Wastewater Discharge Agreement or order issued
hereunder, or any other pretreatment standard or requirement, the director, upon
approval from the City Administrator, may fine such user in an amount not less
than $250.00 and not to exceed $10,000.00. Such fines shall be assessed on a
per violation, per day basis. In the case of monthly or other long-term average
discharge limits, fines shall be assessed for each day during the period of
violation. Said administrative fines shall constitute a sewer service surcharge,
and upon assessment, shall be subject to collection in the same manner as all
other sewer utility rates, charges and penalties.
(b) Unless other arrangements have been made with, and authorized by the
director, unpaid charges, fines, and penalties shall accrue thereafter at a rate of
one percent per month. After ninety (90) calendar days, if charges, fines, and
penalties have not been paid, the city may revoke the user’s Wastewater
Discharge Agreement.
(c) Users desiring to appeal and dispute such fines must file a written request for
the director and City Administrator to reconsider the fine along with full payment
of the fine amount within 10 business days of being notified of the fine. Where a
request has merit, the director shall convene a hearing, or meeting, on the matter
within 7 business days of receiving the request from the user. In the event the
user’s appeal is successful, any payments made on said fines shall be returned
to the user. Affirmance or modification of an administrative fine by the director
shall relate back to the original date of assessment. The city shall recover the
costs of preparing administrative enforcement actions, such as notices and
orders, including the cost of additional inspections, sampling and analysis, and
may add them to the fine.
(d) Issuance of an administrative fine shall not be a bar against, or a prerequisite
for, taking any other action against the user.
(e) Users seeking judicial review of administrative fines must do so by filing a
petition for review in the Snohomish County Superior Court within thirty (30)
calendar days of the decision of the director.
13.36.620 Emergency suspensions.
(a) The director may immediately suspend a user’s discharge (after informal
notice to the user) whenever such suspension is necessary to stop an actual or
threatened discharge which reasonably appears to present or cause an imminent
or substantial endangerment to the health or welfare of persons.
(b) The director may also immediately suspend a user’s discharge (after informal
notice and opportunity to respond) that threatens to interfere with the operation of
the POTW, or which presents or may present an endangerment to the
environment.
(1) Any user notified of a suspension of its discharge shall immediately stop
or eliminate its contribution. In the event of a user’s failure to immediately
comply voluntarily with the suspension order, the director shall take such
steps as deemed necessary, including immediate severance of the sewer
connection, to prevent or minimize damage to the POTW, its receiving
stream, or endangerment to any individuals. The director shall allow the user
to recommence its discharge when the user has demonstrated to the
satisfaction of the city that the period of endangerment has passed, unless
the termination proceedings in AMC 13.36.630
(2) A user that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written statement,
describing the causes of the harmful contribution and the measures taken to
prevent any future occurrence, to the director prior to the date of any show
cause or termination hearing under AMC
are initiated against the user.
13.36.580 and 13.36.630
(c) Nothing in this section shall be interpreted as requiring a hearing prior to any
emergency suspension under this section.
.
13.36.630 Termination of discharge (non-emergency).
(a) In addition herein, any user that violates the following conditions is subject to
discharge termination:
(1) Violation of Wastewater Discharge Agreement conditions;
(2) Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3) Failure to report significant changes in operations or wastewater volume,
constituents and characteristics prior to discharge;
(4) Refusal of reasonable access to the user’s premises for the purpose of
inspection, monitoring or sampling; or
(5) Violation of the pretreatment standards described in this chapter.
(b) Such user will be notified of the proposed termination of its discharge and be
offered an opportunity to show cause under AMC 13.36.670 why the proposed
action should not be taken. Exercise of this option by the city shall not be a bar
to, or a prerequisite for, taking any other action against the user.
13.36.640 Appeal procedures.
(a) Appeals.
(1) Any user seeking to dispute a notice of violation, order, fine, or other
action of the director may file an appeal.
(2) The appeal must be received by the director, in writing, within ten (10)
calendar days of the receipt of the disputed action. If the notice of appeal is
not received by the director within the ten (10) calendar day period, the right
to an appeal is waived. The notice of appeal shall state with particularity the
basis upon which the appellant is disputing the action taken.
(3) Upon receipt of a timely appeal, the director shall set a date and time for
an appeal hearing, but in no case shall the hearing be set more than thirty
(30) calendar days from the receipt of the timely notice of appeal. The
appellant shall be notified in writing of the date, time, and place for the
appeal hearing. The City Administrator or their designee shall serve as the
hearing examiner.
(b) Appeal Hearing.
(1) The hearing examiner may admit and give probative effect to evidence
which possesses probative value commonly accepted by reasonably prudent
men in the conduct of their affairs. The hearing examiner shall give effect to
the rules of privilege recognized by law. The hearing examiner may exclude
incompetent, irrelevant, immaterial and unduly repetitious evidence. Factual
issues shall be resolved by a preponderance of evidence.
(2) Documentary evidence may be received in the form of copies or excerpts
or by incorporation by reference.
(3) Every party shall have the right to cross examine witnesses who testify
and shall have the right to submit rebuttal evidence; provided that the hearing
examiner may control the manner and extent of the cross examinations and
rebuttal.
(4) The hearing examiner may take notice of judicially cognizable facts.
(c) Appeal Conclusion. At the conclusion of the hearing, the hearing examiner
shall determine if the disputed action was proper, and shall approve, modify, or
rescind the disputed action. The final determination of the hearing examiner shall
be in writing, and all parties shall be provided a copy of the final determination.
(d) Judicial Review of Appeal.
(1) Any party, including the city, the Washington State Department of
Ecology, the United States Environmental Protection Agency, or the
user/appellant, is entitled to review of the final determination of the hearing
examiner in the Snohomish County Superior Court; provided, that any
petition for review shall be filed no later than thirty (30) calendar days after
date of the final determination.
(2) Copies of the petition for review shall be served as in all civil actions.
(3) The filing of the petition shall not stay enforcement of the final
determination except by order of the superior court and on posting of a bond
to be determined by the court naming the city as beneficiary.
(4) The review shall be conducted by the court without a jury. The record
shall be satisfied by a narrative report certified by the hearing examiner and
no verbatim record of proceedings before the hearing examiner shall be
required to be presented to the superior court.
(5) The court may affirm the final determination or remand the matter for
further proceedings before the hearing examiner; or the court may reverse
the final determination if the substantial rights of the petitioners may have
been prejudiced because the final determination was:
(A) In violation of constitutional provisions; or
(B) In excess of the authority or jurisdiction of the hearing examiner.
13.36.650 Injunctive relief.
(a) When the director finds that a user has violated or continues to violate any
provision of this chapter, a Wastewater Discharge Agreement, or order issued
hereunder, or any other pretreatment standard or requirement, the director may
petition the Snohomish County Superior Court through the city’s attorney for the
issuance of a temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the Wastewater Discharge Agreement,
order, or other requirement imposed by this chapter on activities of the user.
(b) The city may also seek such other action as is appropriate for legal and/or
equitable relief, including a requirement for the user to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against, or a
prerequisite for, taking any other action against a user. Injunctive relief shall be
nonexclusive to other remedies available to the city.
13.36.660 Civil penalties.
(a) A user which has violated or continues to violate any provision of this
chapter, a Wastewater Discharge Agreement, or order issued hereunder, or any
other pretreatment standard or requirement shall be liable to the city for a
maximum civil penalty of $10,000.00 per violation, per day. In the case of a
monthly or other long-term average discharge limit, penalties shall accrue for
each day during the period of the violation.
(b) The city may recover reasonable attorneys’ fees, court costs, and other
expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the city.
(c) In determining the amount of civil liability, the court shall take into account all
relevant circumstances, including, but not limited to, the extent of harm caused
by the violation, the magnitude and duration, any economic benefit gained
through the user’s violation, corrective actions by the user, the compliance
history of the user, and any other factor as justice requires.
(d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for
taking any other action against a user.
13.36.670 Criminal prosecution.
(a) A user who has violated any provision of this chapter, a Wastewater
Discharge Agreement, or order issued hereunder, or any other pretreatment
standard or requirement shall, upon conviction, be guilty of a misdemeanor,
punishable by a fine of $1,000 .
(b) A user which has introduced any substance into the POTW which causes
personal injury or property damage shall, upon conviction, be guilty of a
misdemeanor and be subject to a penalty of $1,000. This penalty shall be in
addition to any other cause of action for personal injury or property damage
available under state law.
(c) A user who knowingly made any false statements, representations, or
certifications in any application, record, report, plan, or other documentation filed,
or required to be maintained, pursuant to this chapter, Wastewater Discharge
Agreement, or order issued hereunder, or who falsified, tampered with, or
knowingly rendered inaccurate any monitoring device or method required under
this chapter shall, upon conviction, be guilty of a misdemeanor, and punished by
a fine of $1,000.
(d) In addition, the user shall be subject to:
(1) The provisions of 18 U.S.C. Section 1001 relating to fraud and false
statements;
(2) The provisions of Section 309(c)(4) of the Clean Water Act, as amended,
governing false statements, representation, or certification; and
(3) The provisions of Section 309(c)(6) of the Clean Water Act, regarding
responsible corporate officers.
13.36.680 Remedies nonexclusive.
The provisions herein are not exclusive remedies. The city reserves the right to
take any, all, or any combination of these actions against a noncompliant user.
Enforcement of pretreatment violations will generally be in accordance with the city’s
enforcement response plan. However, the city reserves the right to take other action
against any user when the circumstances warrant. Further, the city is empowered to
take more than one enforcement action against any non-compliant user. These actions
may be taken concurrently.
13.36.690 Assurance Device.
The director may decline to issue or reissue a Wastewater Discharge Agreement
to any user which has failed to comply with any provision of this chapter, a previous
Wastewater Discharge Agreement or order issued hereunder, or any other pretreatment
standard or requirement unless such user first files a satisfactory bond, (see AMC
12.40.200(c)), payable to the city, in a sum not to exceed a value determined by the
director to be necessary to achieve consistent compliance, or submits proof that it has
obtained financial assurances sufficient to meet pretreatment requirements and/or
restore or repair damage to the POTW caused by its discharge.
13.36.700 Water supply severance.
Whenever a user has violated or continues to violate any provision of this
chapter, a Wastewater Discharge Agreement or order issued hereunder, or any other
pretreatment standard or requirement, water service to the user may be severed.
Service will only recommence, at the user’s expense, after it has satisfactorily
demonstrated its ability to comply.
13.36.710 Public nuisances.
A violation of any provision of this chapter, Wastewater Discharge Agreement, or
order issued hereunder, or any other pretreatment standard or requirement, is hereby
declared a public nuisance and shall be corrected or abated as directed by the director.
13.36.720 Contractor listing.
Users which have not achieved compliance with applicable pretreatment
standards and requirements are not eligible to receive a contractual award for the sale
of goods or services to the city. Existing contracts for the sale of goods or services to
the city held by a user found to be in significant noncompliance with pretreatment
standards or requirements may be terminated at the discretion of the city.
13.36.730 Publication of violations and/or enforcement actions.
The director may publish violations and/or enforcement actions at any time
where monetary fines may be inappropriate in gaining compliance, or in addition to
monetary fines. Violations and/or enforcement actions may also be published when
the director feels that public notice should be made or at other appropriate times. The
cost of such publications will be recovered from the user.
13.36.740 Upset.
(a) For the purposes of this section, “upset” means an exceptional incident in
which there is unintentional and temporary noncompliance with applicable
pretreatment standards because of factors beyond the reasonable control of the
user. An upset does not include noncompliance to the extent caused by
operational error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper operation.
(b) An upset shall constitute an affirmative defense to an action brought for
noncompliance with applicable pretreatment standards if the requirements of
subsection (c) of this section are met.
(c) A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or other
relevant evidence that:
(1) An upset occurred and the user can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workman-
like manner and in compliance with applicable operation and maintenance
procedures; and
(3) The user has submitted the following information to the POTW and
treatment plant operator within 24 hours of becoming aware of the upset (if
this information is provided orally, a written submission must be provided
within five (5) calendar days):
(A) A description of the indirect discharge and cause of noncompliance;
(B) The period of noncompliance, including exact dates and times or, if
not corrected, the anticipated time the noncompliance is expected to
continue; and
(C) Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(d) In any enforcement proceeding, the user seeking to establish the occurrence
of an upset shall have the burden of proof.
(e) Users will have the opportunity for a judicial determination on any claim of
upset only in an enforcement action brought for noncompliance with applicable
pretreatment standards.
(f) Users shall control production of all discharges to the extent necessary to
maintain compliance with applicable pretreatment standards upon reduction,
loss, or failure of its treatment facility until the facility is restored or an alternative
method of treatment is provided. This requirement applies in the situation where,
among other things, the primary source of power of the treatment facility is
reduced, lost, or fails.
13.36.750 Prohibited discharge standards.
A user shall have an affirmative defense to an enforcement action brought
against it for noncompliance with the prohibitions in AMC 13.36.050
(a) a local limit exists for each pollutant discharged and the user was in
compliance with each limit directly prior to, and during, the pass through or
interference; or
(a) and (b)(3)
through (7) if it can prove that it did not know, or have reason to know, that its
discharge, alone or in conjunction with discharges from other sources, would cause
pass through or interference and that either:
(b) no local limit exists, but the discharge did not change substantially in nature
or constituents from the user’s prior discharge when the city was regularly in
compliance with its NPDES authorization, and, in the case of interference, was in
compliance with applicable sludge use or disposal requirements.
13.36.760 Bypass.
(a) For the purposes of this section:
(1) “Bypass” means the intentional diversion of wastestreams from any
portion of a user’s treatment facility.
(2) “Severe property damage” means substantial physical damage to
property, damage to the treatment facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays in
production.
(b) A user may allow any bypass to occur which does not cause applicable
pretreatment standards or requirements to be violated, but only if it also is for
essential maintenance to assure efficient operation. These bypasses are not
subject to the provision of subsections (3) and (4) of this section.
(c) If a user knows in advance of the need for a bypass, it shall submit prior
notice to the POTW at least ten (10) calendar days before the date of the bypass,
if possible.
(d) A user shall submit oral notice to the city of an unanticipated bypass that
exceeds applicable pretreatment standards within twenty-four (24) hours from the
time it becomes aware of the bypass. A written submission shall also be provided
within five (5) calendar days of the time the user becomes aware of the bypass.
The written submission shall contain a description of the bypass and its cause;
the duration of the bypass, including exact dates and times, and, if the bypass
has not been corrected, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.
The POTW may waive the written report on a case-by-case basis if the oral
report has been received within twenty-four (24) hours.
(e) Bypass is prohibited, and the POTW may take an enforcement action against
a user for a bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
(2) There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or maintenance
during normal periods of equipment downtime. This condition is not satisfied
if adequate back-up equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
(3) The user submitted notices as required under subsection (c) of this
section.
(f) The POTW may approve an anticipated bypass, after considering its adverse
effects, if the POTW determines that it will meet the three conditions listed in
subsection (e) of this section.
13.36.770 Pretreatment charges and fees.
(a) The director may develop, for City Council adoption, reasonable fees for
reimbursement of costs of setting up and operating the city’s pretreatment
program.
(b) These fees relate solely to the matters covered by this chapter and are
separate from all other rates or charges for sewer service; provided, that the city
shall collect said charges in the same manner as other sewer utility rates are
collected, including but not limited to the sewer lien procedures provided under
Chapter 35.67 RCW.
(c) Fees may include:
(1) Fees for Wastewater Discharge Agreements, including the cost of
processing the authorization applications, public noticing, issuing and
administering the authorization, and reviewing monitoring reports submitted
by users;
(2) Fees for modifying or transferring authorizations;
(3) Fees for monitoring, inspection, surveillance and enforcement
procedures including the cost of collection and analyzing a user’s discharge;
(4) Fees for reviewing and responding to accidental discharge procedures
and construction;
(5) Fees for preparing and executing enforcement action;
(6) Fees for filing appeals;
(7) Fees for high strength waste and industrial process flow; and
(8) Other fees as the city may deem necessary to carry out the requirements
contained herein.
(d) All fees or charges will be collected by direct billing. Unless the director has
been made aware of extenuating circumstances that would prevent prompt
payment, all fees are payable within thirty (30) calendar days of the billing. Fees
past due will be considered a violation of this chapter. Users not paying fees
within sixty (60) calendar days of the billing period will be subject to termination
of service.
13.36.780 Non-liability.
(a) It is the express purpose of the city of Arlington to establish an industrial
pretreatment program in order to provide for and promote the health, safety and
welfare of the general public. It is not the intent of this chapter to create or
otherwise establish or designate any particular class or group of persons who will
or should be especially protected or benefited by the terms or requirements of
this chapter.
(b) It is the specific intent of this chapter to place the obligation of complying with
these regulations upon the applicant or discharger and no provision nor any term
used in this chapter is intended to impose any duty whatsoever upon the city or
any of its officers, employees or agents, except as provided under the Act or
other related statutes of the United States or the state of Washington.
(c) Nothing contained in this chapter is intended to be nor shall be construed to
create or form the basis for any tort liability on the part of the city or its officer,
employees or agents for any injury or damage resulting from the failure of an
applicant or discharger to comply with the provisions of this chapter, or by reason
or in consequence of any inspection, notice, order, certificate, permission or
approval authorized or issued or done in connection with the implementation or
enforcement of this chapter, or inaction on the part of the city related in any
manner to the implementation or the enforcement of this chapter by its officer,
employees or agent.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT K
COUNCIL MEETING DATE:
January 24, 2011
SUBJECT:
Proposed Resolution to revise the City’s Fee
Schedule
DEPARTMENT OF ORIGIN:
Executive
ATTACHMENTS:
- Proposed Revised Resolution amending the current City fee schedule for Grading Fees,
Cemetery Fees, Licensing Fees for specific types of businesses, EMS fees and
incorporating Dog Licensing Fees previously adopted
- AWC Tax & User Fee Survey Data for Licenses for Cabarets, Limos, and Taxicabs
- Fee Study for Grading Permits
EXPENDITURES REQUESTED:
BUDGET CATEGORY: General Fund
LEGAL REVIEW: City Attorney review is pending.
DESCRIPTION:
City staff is proposing revisions to the City fee schedule for Grading Fees, Cemetery Fees,
Licensing Fees for specific types of businesses, EMS fees and incorporating Dog Licensing Fees
previously adopted. The proposed revisions are for new grading permit regulations that are
being considered by the Council. Also included in the proposed revisions are revised cemetery
fees, as recommended by the City’s Cemetery Board, Licensing fees for specific types of
businesses, and incorporating the dog licensing fees adopted in June 2010 into the fee schedule.
The new additions to the fee schedule under the category of Licensing fees for specific types of
business is a result of the Municipal Code cleanup project.
HISTORY:
On March 1, 2010, the City Council approved Resolution No. 2010-002 updating the City’s fee
schedule. The City Council adopted licensing fees for dogs on June 14. 2010 through
Resolution No. 2010-006.
ALTERNATIVES:
Do not adopt the proposed Resolution.
Remand to staff with specific direction.
RECOMMENDED ACTION:
No action is requested. The Council will be asked to adopt the proposed Resolution at the
February 7, 2011 meeting.
Page 1
RESOLUTION NO.
2011-xxx
A RESOLUTION REPLACING RESOLUTION NOS.2010-002 AND 2010-006,
AND ADOPTING A REVISED FEE SCHEDULE
WHEREAS, the City Council, through ordinance, has adopted regulations requiring certain
actions and services; and,
WHEREAS, these various ordinances set forth that fees shall be set by resolution; and,
WHEREAS, the cost of providing these various services consistent with applicable codes,
regulations, and policies periodically increase or decrease, or certain services or practices are
discontinued and fees are no longer needed; and,
WHEREAS, it is the intent of the City of Arlington to charge appropriate fees and charges
that are consistent with the services provided and to cover the public cost of providing these
various services so that the public is not subsidizing individual benefits derived therefrom;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARLINGTON AS FOLLOWS:
The following rates, fees, and charges for various services provided, actions performed, or items
sold by the city and/or its contract service providers, and fines levied against code violators, are
hereby adopted:
Section 1. Fees and Charges—General.
1.1 Fees. Fees are intended to cover the normal, recurring costs associated with
providing a given service. Fees are non-refundable.
1.2 Prices. In some instances, the City provides certain goods and merchandise for
sale. Prices for these goods may be included in this resolution.
1.3 Payment Due. Fees are due at the time the action is requested (e.g., at time of
application) or occurs (e.g., prior to a specific action). An applicant may pay all
fees of a multi-phased project in advance; however, doing so does not vest
applicable fees due. Fees due are those in effect at the time the specific action or
phase of an action is requested or occurs.
1.4 Waivers. Upon petition by the applicant, the City Council may waive any of the
fees, or portions thereof, for any non-profit organization or government agency.
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX
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Section 2. Land Use Fees.
Table 1: Land Use Fees
Fees for various services, actions, and permits regarding land use,
as per AMC Title 20 Land Use Code, shall be as listed in
Table 1: Land Use Fees
Action Fee ($)
Land Use Permits
Zoning Permit 2,222
Special Use Permit 3,306 plus actual cost of Hearing
Examiner (if req’d)
Conditional Use Permit 3,862 plus actual cost of Hearing
Examiner
Administrative Conditional Use Permit
Seasonal/Special Event
Homeless Encampment
102
508
Preliminary Plats and Binding Site Plans
Conditional Use Permit for a Long Plat 6,983 plus actual cost of Hearing
Examiner
Zoning Permit for a Short Plat 3,068
Final Plats and Binding Site Plans
Long Plat 3,389
Short Plat 1,823
Development Agreements 3,862 plus actual cost of Hearing
Examiner (if req’d)
Master Plan 12,500
Design Review
Administrative 212
Design Review Board 423
Forest Practices Permits
Permit Review 423
Forest Practices Permit Application Fee 106 plus 106 per acre
Review Fee for Conversion Option Harvest Plan Approval 106 plus 106 per acre
Review Fee To Lift Moratorium 300
Inspection Fee 127 per hour plus 106 per acre
Appeals
To City Council 212
To Planning Commission 212
To Hearing Examiner 582 plus actual cost of Hearing
Examiner
To Shoreline Hearings Board 582
Reconsideration of Decision by:
Community Development Director and/or a designee 79
Planning Commission 106
Hearing Examiner 212 plus actual cost of Hearing
Examiner
City Council 132
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX
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Action Fee ($)
Permit Extension
Extension 53
Amendment to or Modification of Permit
Insignificant Design Deviations 53
Minor Amendment 317
Major Amendment 1,067 plus cost of Hearing
Examiner (if req’d)
Binding Site Plans
Text and/or Design Deviation 741
Lot Line Adjustment or Changes to Number of Lots 1,323
Development Agreement 741 plus actual cost of Hearing
Examiner (if req’d)
Boundary Line Adjustment
Boundary Line Adjustment 1,664
Land Use Ordinance Amendment
Amendment to Text of Land Use Ordinance 741
Amendment to Zoning Map (rezone)
< 5 acres 1,111
> or = 5 acres 1,957
Comprehensive Plan Amendment
Minor Amendment (annual cycle) 1,428
Major Amendment (5-year cycle) 2,116
Annexations
Submission of 10% Petition 106
Submission of 60% Petition 1,058
If it goes to BRB hearing 794
Shoreline Development Permit
SDP in conjunction with a Land Use Permit 529
SDP not in conjunction with a Land Use Permit 1,058
Variance
Administrative 635
If it goes to hearing (fee in addition to that paid for
Admin. Decision)
1,217 plus actual cost of
Hearing Examiner
Miscellaneous Actions/Items
Zoning Interpretation 106
Pre-Application Meetings
1st two hours 0
Subsequent meetings 317 per meeting
SEPA Review (note: review of checklist included in
Land Use Permit fee )
SEPA Only (no land use permit required) 529
Review of requested studies (i.e. traffic, wetland, etc) 159
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX
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Action Fee ($)
Review of requested studies (i.e. drainage, geo-tech, etc) 711
Environmental Impact Statement (EIS) 1,058 plus actual cost of consultant
Request of Utility Services Outside City
Single-Family Residence/Duplex 212
Other Development 635
Section 3. Public Works Fees.
Fees for various services, actions and permits shall be as
listed in Tables 2-1: Review Fees, 2-2: Grading Plan Review Fees and 2-3: Grading Permit
Fees.
Table 2-1: Review Fees
Action Fee ($)
Site Civil Review 6% E.E.C.C* with a minimum charge of 1,587
Additional Plan Review Fee 212 each
Miscellaneous Engineering Fee 529 each
As-Built Review Fee Included in the site civil review fee
Final Plat Review Fee Included in the site civil review fee
Inspection Fee 127 per hour-1/2 hour minimum
Outside Consultant Review Fee Actual cost
Simple Site Plan Review 265 per lot
Right of Way 6% E.E.C.C* or maximum 1,058 with a
minimum charge of 106 plus inspection fees
Right of Way Vacation 1,058
Miscellaneous Staff Time 127 per hour per person-1/2 hour minimum
Engineering Meetings-after 2 hours 317 per meeting
Water Availability Certificate SFR 32 – Non-SFR 106
Recovery Contract 1,058 plus actual cost
GIS
Zoning and Land Use Maps 10.00
11x17 5.00
2x3 13.00
3x3 19.00
3x4 25.00
Map CD 26.00
Data CDs/FTP 26.00 per client
Hourly Rate for Custom Work 127 per hour, ½ hour minimum
Laminating 3/sq ft
Shipping 5.00
Fee none
* E.E.C.C Engineer’s Estimated Cost of Construction
* Simple Site Plan Review - No water or sewer extension - Single family residence with maximum of 2 lots.
-Includes labor, equipment, material, overhead and profit.
Prices shall be from RS Means (latest edition) data adjusted for the Snohomish County area or from local sources if
not included in the RS Means database.
* Additional plan review applies when there is a change, addition or revision to the plan.
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX
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* Additional plan review fees will be charged at any point in the project when more than 2 reviews are required.
* Inspection Fee - commercial and residential plats (storm drainage, landscape, right-of-way and bond
inspections).
* Outside Consultant Review Fee.
* Water Availability Certificate Fee.
* Engineering Meetings (first 2 hours are no charge).
* Miscellaneous engineering fee - traffic and storm water report/design reviewed in-house.
Table 2-2: Grading Plan Review Fees
2010 Fee ($) 2011 Fee ($)
50 Cubic Yards or less No fee $ 100
51 to 100 cubic yards 25.50 $ 120
101 to 1,000 cubic yards 40.00 $ 160
1,001 to 100,00010,000 cubic yards
First 1,000 cubic yards
Plus - for each additional
10,000 yards or fraction thereof
53.35
26.50
$ 200
100,00110,001 to 200100,000 cubic yards
For the first 100,000 cubic yards
Plus - for each additional
10,000 yards or fraction thereof
292.00
14.40
$ 300
$40
100,001 to 200,000 cubic yards
For the first 100,000 cubic yards
Plus - for each additional
10,000 yards or fraction thereof
$ 400
$ 60
200,001 cubic yards or more
For the first 200,000 cubic yards
Plus - for each additional 10,000 cubic yards or
fraction thereof
435.45
7.85
$ 500
$100
Other Fees: Additional plan review required by
changes, additions or revisions to approved plans
(minimum charge – 1/2 hour)
54.70*
Per hour
*Or the total hourly cost to the City, whichever is the greatest. This cost shall include supervision, overhead,
equipment, hourly wages and fringe benefits of the employees involved.
Table 2-3: Grading Permit Fees
2010 Fee ($) 2011 Fee ($)
50 cubic yards or less 25.50 $ 100
51 to 100 cubic yards 40.00 $ 120
101 to 1,000 cubic yards
First 100 cubic yards
Plus – for each additional 100 cubic yards or
fraction thereof
40.00
18.90
$ 200
$ 20
1,001 to 10,000 cubic yards
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX
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For the first 1,000 cubic yards
Plus - for each additional
1,000 yards or fraction thereof
210.50
15.70
$ 300
$ 40
10,001 to 100,000 cubic yards
For the First 10,000 cubic yards
Plus - for each additional
10,000 yards or fraction thereof
351.80
71.40
$ 500
$ 60
100,001 to 200,000 cubic yards
For the first 100,000 cubic yards
Plus - for each additional
10,000 yards or fraction thereof
$ 600
$ 80
100200,001 or more cubic yards or more
For the first 100,000 cubic yards
Plus - for each additional 10,000 cubic yards or
fraction thereof
994.80
39.50
$ 600
$ 80
Section 4. Building Permit Fees.
For determining the value of a structure, the most current
issue of the Building Safety Journal Magazine, which offers the legacy building valuation
data fee schedule as published by the International Code Council, is adopted by reference.
Fees shall be as listed in Tables 3-1: Building Permit Fees, 3-2: Miscellaneous Building
Inspection Fees and 3-3: Miscellaneous Building Permit Fees.
Table 3-1: Building Permit Fees
Total
Valuation($)
2009 2010 2011 2012 Fee ($)
1.00 – 500.00 28.50 29.00 29.50 30.00 0.00 to 500.00
501.00 – 2,000.00 28.50
3.75
29.00
3.75
29.50
3.83
30.00
3.90
For the first 500.00 plus
For each additional 100.00, or
fraction thereof, to and including
2,000.00
2001.00 –
25,000.00
84.75
17.00
86.00
17.25
86.95
17.60
88.50
17.95
For the first 2,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
25,000.00
25,001.00 –
50,000.00
475.75
12.25
482.75
12.50
491.75
12.75
501.35
13.01
For the first 25,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
50,000.00
50,001.00 –
100,000.00
782.00
8.50
795.25
8.70
810.50
8.87
820.10
9.05
For the first 50,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
100,000.00
100,001.00 –
500,000.00
1,207.00
6.80
1,230.25
6.90
1,254.00
7.04
1,272.60
7.18
For the first 100,000.00 plus
For each additional 1,000.00, or
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX
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fraction thereof, to and including
500,000.00
500,001.00 –
1,000,000.00
3,927.00
5.75
3,990.25
5.90
4,070.00
6.02
4,144.60
6.14
For the first 500,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
1,000,000.00
1,000,001.00
and up
6,80
2.00
4.45
6,94
0.25
4.50
7,08
0.00
4.59
7,21
4.60
4.68
For the first 1,000,000.00 plus
For each additional 1,000.00, or
fraction thereof
Total
Valuation($)
2013 2014 2015 2016 Fee ($)
1.00 – 500.00 30.50 31.00 31.50 32.00 0.00 to 500.00
501.00 – 2,000.00 30.50
3.98
31.00
4.06
31.50
4.14
32.00
4.22
For the first 500.00 plus
For each additional 100.00, or
fraction thereof, to and including
2,000.00
2001.00 –
25,000.00
90.20
18.31
91.90
18.67
93.60
19.05
95.30
19.43
For the first 2,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
25,000.00
25,001.00 –
50,000.00
511.33
13.27
521.31
13.53
531.75
13.80
542.19
14.08
For the first 25,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
50,000.00
50,001.00 –
100,000.00
843.08
9.23
859.56
9.42
876.75
9.61
894.19
9.80
For the first 50,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
100,000.00
100,001.00 –
500,000.00
1,304.58
7.32
1,330.56
7.47
1,357.25
7.62
1,384.19
7.77
For the first 100,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
500,000.00
500,001.00 –
1,000,000.00
4,232.58
6.26
4,318.56
6.39
4,405.25
6.51
4,492.19
6.64
For the first 500,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
1,000,000.00
1,000,001.00
and up
7,36
2.58
4.78
7,51
3.56
4.87
7,66
0.25
4.97
7,81
9.19
5.07
For the first 1,000,000.00 plus
For each additional 1,000.00, or
fraction thereof
Total
Valuation($)
2017 2018 2019 2020 Fee ($)
1.00 – 500.00 32.50 33.00 33.50 34.00 0.00 to 500.00
501.00 – 2,000.00 32.50
4.31
33.00
4.39
33.50
4.48
34.00
4.57
For the first 500.00 plus
For each additional 100.00, or
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX
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fraction thereof, to and including
2,000.00
2001.00 –
25,000.00
95.17
19.81
98.85
20.21
100.70
20.62
102.55
21.03
For the first 2,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
25,000.00
25,001.00 –
50,000.00
552.78
14.36
563.68
14.65
574.96
14.94
586.24
15.24
For the first 25,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
50,000.00
50,001.00 –
100,000.00
911.78
9.99
929.93
10.19
948.46
10.40
967.24
10.61
For the first 50,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
100,000.00
100,001.00 –
500,000.00
1,411.28
7.93
1,439.43
8.08
1,468.46
8.25
1,497.74
8.41
For the first 100,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
500,000.00
500,001.00 –
1,000,000.00
4,583.28
6.78
4,671.43
6.91
4,768.46
7.05
4,861.74
7.19
For the first 500,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
1,000,000.00
1,000,001.00 and
up
7,973.28
5.17
8,126.43
5.27
8,293.46
5.38
8,456.74
5.49
For the first 1,000,000.00 plus
For each additional 1,000.00, or
fraction thereof
Table 3-2: Miscellaneous Building Inspection Fees
Action Fee ($)
Inspections outside of normal business hours 50.00 per hour1 (minimum charge 1 hour)
Reinspection fees assessed under provisions of the
current IBC
50.00 per hour1
Inspection for which no fee is specifically
indicated
50.00 per hour1 (minimum charge—1 hour)
Additional plan review required by changes,
additions or revised plans
50.00 per hour1 (minimum charge—1 hour)
For use of outside consultants for plan review and
inspections, or both.
Actual costs2
Stop work order (working without permit) 3
1 Or the total hourly cost to the City, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly
wages, and benefits of the employees involved.
2 Actual costs include administrative and overhead costs.
3 Stop work order (SWO): failure to obtain a valid permit within 48 hour of a SWO will result in double permit fees or a fine
of $500 whichever is less. A permit applied for within the 48 hour timeframe may be subject to a fine and/or fee at the
discretion of the building official.
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX
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Table 3-3: Miscellaneous Building Permit Fees
Action Fee ($)
Change lot after plan review completed 100.00
Change plans during or after plan review. New Plan Review Fee
Change or revise plans after issuance of
permit.
Current hourly rate per IBC or new plan review fee
Action Fee ($)
Commercial or industrial re-roof IBC value or bid amount
Demolitions 100.00
Espresso carts (portable and stand alone) 250.00
Fences over 6 feet in height Current hourly rate per IBC for plan review plus 20.00
permit fee
Mobile homes 500.00
Modular offices (job shacks) 350.00
Moved buildings 100.00 prior to moving together with a building permit
fee based on the IBC valuation for new building and
cost of moved building.
Residential re-roofs 0
if plan review required 50.00
Retaining walls (permit not required under
four (4) feet
100.00 or IBC valuation, whichever is greater
Signs IBC valuation, using permit fee only
4.1 Codes Incorporated by Reference. The fee schedules set out in the following
codes shall be incorporated by reference as though set forth herein:
A. International Mechanical Code*
B. Uniform Swimming Pool, Spa & Hot Tub Code*
C. Uniform Housing Code*
D. Washington State Energy Code*
E. Washington State Ventilation & Indoor Air Quality Code*
F. Washington State Historic Building Code*
* The most recently issued
edition.
4.2 Plumbing Fees. Plumbing fees shall be as listed in Table 3-4: Plumbing Fees.
Table 3-4: Plumbing Fees
Action Fee ($)
PERMIT ISSUANCE
For the issuance of each plumbing permit 25.00
For issuing each supplemental permit for which the original permit has not expired, been
canceled or finaled
10.00
Commercial permits plan review fee (based on valuation) 10%
UNIT FEE SCHEDULE (Note: The following do not include permit-issuing fee.)
Fixtures and Vents
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX
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Action Fee ($)
For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage
piping and backflow protection thereof)
12.00
For repair or alteration of drainage or vent piping, each fixture 5.00
Sewers, Disposal Systems and Interceptors
For each industrial waste pretreatment interceptor, including its trap and vent, except
kitchen-type grease interceptors functioning as fixture traps
20.00
Rainwater systems per drain (inside building) 10.00
Water Piping and Water Heaters
For installation, alteration, or repair of water piping or water-treating equipment, or both,
each
5.00
For each water heater including vent 12.00
Lawn Sprinklers, Vacuum Breakers and Backflow Protection Devices
For each lawn sprinkler system on any one meter, including backflow protection devices
thereof
15.00
For atmospheric-type vacuum breakers or backflow protection devices not included in
Item 1:
1 to 5 devices 12.00
Over 5 devices, each 2.00
For each backflow-protection device other than atmospheric-type vacuum breakers:
2 inches (50.8 mm) and smaller 12.00
Over 2 inches (50.8 mm) 25.00
Swimming Pools For each swimming pool or spa:
Public pool 90.00
Public spa 90.00
Private pool 60.00
Private spa 30.00
Miscellaneous
For each appliance or piece of equipment regulated by the Plumbing Code but not classed
in other appliance categories, or for which no other fee is listed in this code
12.00
4.3 Mechanical Permit Fees. Mechanical permit and inspection shall be as listed in
Table 3-5: Mechanical Permit and Inspection Fees.
Table 3-5: Mechanical Permit & Inspection Fees
Action Fee ($)
PERMIT ISSUANCE AND HEATERS
For the issuance of each mechanical permit 25.00
For issuing each supplemental permit for which the original permit has not expired,
been canceled or finaled
10.00
Commercial permit plan review fee (based on valuation) 10%
UNIT FEE SCHEDULE (Note: The following do not include permit-issuing fee.)
Furnaces
For the installation or relocation of each forced-air or gravity-type furnace or burner, 20.00
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX
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Action Fee ($)
including ducts and vents attached to such appliance, up to and including 100,000
Btu/h (29.3 kW)
For the installation or relocation of each forced-air or gravity-type furnace or burner,
including ducts and vents attached to such appliance over 100,000 Btu/h (29.3 kW)
23.00
For the installation or relocation of each floor furnace, including vent 20.00
For the installation or relocation of each suspended heater, recessed wall heater or
floor-mounted unit heater
20.00
Appliance Vents
For the installation, relocation or replacement of each appliance vent installed and not
included in an appliance permit
10.00
Boilers, Compressors and AC Units
For the installation or relocation of each boiler or compressor to and including 3
horsepower (10.6 kW), or each absorption system to and including 100,000 Btu/h (29.3
kW)
20.00
For the installation or relocation of each boiler or compressor over 3 horsepower (10.6
kW) to and including 15 horsepower (52.7 kW), or each absorption system over
100,000 Btu/h (29.3 kW) to and including 500,000 Btu/h146.6 kW)
32.00
For the installation or relocation of each boiler or compressor over 15 horsepower
(52.7 kW) to and including 30 horsepower (105.5 kW), or each absorption system over
500,000 Btu/h (146.6 kW) to and including 1,000,000 Btu/h (293.1 kW)
42.00
For the installation or relocation of each boiler or compressor over 30 horsepower
(105.5 kW) to and including 50 horsepower (176 kW), or each absorption system over
1,000,000 Btu/h (293.1 kW) to and including 1,750,000 Btu/h (512.9 kW)
60.00
For the installation or relocation of each boiler or compressor over 50 horsepower (176
kW), or each absorption system over 1,750,000 Btu/h (512.9 kW)
98.00
Air Handling
For each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4719
Us), including ducts attached thereto
15.00
Note: This fee does not apply to an air-handling unit which is a portion of a
factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for
which a permit is required elsewhere in the Mechanical Code.
For each air-handling unit over 10,000 cfm (4719 Us) 20.00
Evaporative Coolers
For each evaporative cooler other than portable type 15.00
Ventilation and Exhaust
For each ventilation fan connected to a single duct 10.00
For the installation of each commercial hood which is served by mechanical exhaust,
including the ducts for such hood
50.00
Gas Piping Systems
For each gas piping system of 1 to 5 outlets 10.00
For each additional outlet over 5, each 1.00
Miscellaneous
For each appliance or piece of equipment regulated by the Mechanical Code but not
classed in other appliance categories, or for which the fee is listed in the table
15.00
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX
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Section 5. Cemetery Fees.
Fees and prices for various services, actions, and merchandise for
cemetery use shall be as listed in Table 4: Cemetery Fees and Prices.
Table 4: Cemetery Fees and Prices
Product / Service / Action Fee ($)
Traditional Burial
Burial Lot $1,500
Opening & Closing (during business hours) $1,000
Opening & Closing (after business hours) $1,300
Concrete Grave Liner $800
Vaults
Monticello $1,595
Continental $1,895
Venetian $2,295
Cameo Rose / SST Triune $2,995
Vault Internment System $350
Inurnment
Cremation Lot / Urn Garden $650
Second Right Inurnment $500
Opening & Closing (during business hours) $445
Opening & Closing (after business hours) $695
Liner $310
Childrens Garden
Babyland Lot $397
Opening & Closing (all times) $488
Babyland Liner $658
Niche
Niche Wall I and II, rows 1-3 top half $1,142
Niche Wall I and II, rows 4-6 bottom half $1,089
Opening & Closing (during business hours) $445
Opening & Closing (after business hours) $695
Second Right Niche Wall $545
Niche Inscription – Single $363
Niche Inscription – Double $563
Tent and Chairs for Inurnment $163
Flower Vase for Niche Wall $205
Headstones and Monuments
Headstone Setting - 28 x16 or smaller $275
Headstone Setting - 32 x 20 or larger $375
Setting Fee - vase block or garden marker $60
Setting Fee - upright monument (single) $575
Setting Fee - upright monument (double) $675
Headstone Final Inscription (off site) $550
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX
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Headstone Final Inscription (on site) $363
Headstone Sales - varies Call
Inspection Fee (outside sales only) $375
Memorial Marker - varies Call
Other Services
Memorial Tree w/ garden marker $800
Disinterment / Traditional Burial $1,995
Disinterment / Cremation $650
Pressure Washing $75 40 for first headstone
$25 for each additional
headstone
Section 6. Fees for the Use of City Owned Facilities.
Fees for various services, actions,
and permits regarding use of City owned facilities shall be as listed in Table 5: Fees for the
Use of City Owned Facilities.
Table 5: Fees for the Use of City Owned Facilities
Use/Activity Fee ($)
Hadley Hall at the Arlington Community Youth Center
Without Kitchen
One to three hours 15 per hour
Over three hours 75
With Kitchen
One to three hours 20 per hour
Over three hours 125
Athletic Fields
League
Baseball
Youth, resident team 7.50 per youth per season
Youth, non-resident team 10 per team per use
Adult 25 per use
Softball
Youth, resident team 7.50 per youth per season
Youth, non-resident team 10 per team per use
Adult 25 per use
Soccer
Youth, resident team 7.50 per youth per season
Youth, non-resident team 10 per team per use
Adult 25 per use
Other
Youth, resident team 7.50 per youth per season
Youth, non-resident team 10 per team per use
Adult 25 per use
Tournament
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX
Page 14
Baseball
Youth, resident team 7.50 per youth per tournament
Youth, non-resident team 10 per team per use
Adult 25 per use
Softball
Youth, resident team 7.50 per youth per tournament
Youth, non-resident team 10 per team per use
Adult 25 per use
Soccer
Youth, resident team 7.50 per youth per tournament
Youth, non-resident team 10 per team per use
Adult 25 per use
Other
Youth, resident team 7.50 per youth per season
Youth, non-resident team 10 per team per use
Adult 25 per use
Lighting
Youth 3 per hour
Adult 6 per hour
Scheduling Fee for League and Tournament
League 15 per team
Tournament 15 per tournament
Concession Sales
League 50 per season
Tournament 25per day
6.1 Definitions.
A. “Youth” is defined as any person 18 years of age or younger.
B. “Resident” is defined as any team composed of at least 51% Arlington
residents.
Section 7. Appeal Fees for Violations and Abatement.
Fees for various services and
actions regarding violations and abatement as per Chapter 11.01 of the Arlington Municipal
Code shall be as listed in Table 6: Appeal Fees for Violations and Abatement.
Table 6: Appeal Fees for Violations and Abatement
Action Fee ($)
Appeals
To Hearing Examiner 582 plus actual cost of Hearing Examiner
Fines
Forest Practice Violation Fine 317
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX
Page 15
Section 8. Licensing Fees.
Licensing fees for various licenses issued under various sections
of the Arlington Municipal Code shall be as listed in Table 7:- Licensing Fees.
Table 7: Licensing Fees
License/Activity Fee ($)
Annual/renewal business license under AMC Chapter 5.28 60.00
Late payment penalty for each month of delinquency of business
license under AMC Chapter 5.28
5.00 per month of delinquency
For new applications applied for between October 1st through
December 30th the new business license applications pay the
following fee of $45.
45.00
For new applications applied for between January 1st through
March 30th new business license applications pay the following fee
of $30
.
30.00
For new applications applied for April 1st through June 30th new
business license applications pay the following fee. Note: $15 for
the remainder of the current business license year and $60 for the
new business license year for a total of $75, making the business
license valid thru June 30th of the following year.
75.00
Businesses with offices located outside of city limits but conducting
business within city limits (AMC Chapter 5.28)
20.00
Peddlers & Solicitors License under AMC Chapter 5.04 25.00
Vehicles for Hire License under AMC Chapter 5.12
- First vehicle
- Each vehicle thereafter
35.00
15.00
Cabaret License under AMC Chapter 5.16 75.00
Section 9. EMS Fees and Charges.
9.1 Fees and Mileage Charges Established. For purposes of AMC Chapter
3.06, fees and mileage for EMS services shall be set as set forth in Table 8:
Emergency Medical Services Rates and Charges.
9.2 EMS Transport Fees. In accordance with the requirements of 42 Code of
Federal Regulations (CFR) Parts 410 and 414, which provides that Medicare
fees and charges shall apply to Medicare recipients;
A. Unmet (excess fee) Part B Deductible and Part B coinsurance amounts. In
accordance with the provisions of 42 CFR Parts 410 and 414, the City
shall bill the patient for any unmet or excess fee to the extent authorized
by federal law.
B. Inability to Pay Excess Fee. Individuals who are on fixed or low incomes
or do not have the ability to pay the differential because of financial
difficulties may submit a request to waive the differential to the City with
supporting documentation of the inability to pay.
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX
Page 16
Table 8: Emergency Medical Services Rates and Charges
Service Rate ($)
BLS Non-emergent 476.00
BLS Emergent 476.00
ALS Emergent 741.00
ALS 2 846.00
ALS Response Fee 265.00
Specialty Care Transport Fee 846.00
Mileage (all categories) 16.00 per mile
Section 9. Dog Licensing Fees.
License Annual Fee ($)
Dog - unaltered $ 20
Dog – altered $ 10
Dog – altered (senior citizen owner) $ 5
Dog – altered & micro-chipped $ 5
Replacement Tag fee $ 5
Late Fee – for failure to purchase annual
license before March 1
$ 10
Per RCW 49.60.380, the City of Arlington shall honor a request by a blind person or hearing impaired
person not to be charged a fee to license his or her dog guide, or a request by a physically disabled
person not to be charged a fee to license his or her service animal.
All dogs require proof of current Rabies vaccination to be licensed.
Proof is also required for alteration and micro-chip to be eligible for the reduced fee.
Section 10. Repeal of Previous Fee Resolutions.
Resolutions 2010-002 and Resolution
2010-006are hereby repealed.
Section 11. Effective Date.
This resolution will become effective immediately upon
passage.
PASSED by the City Council and APPROVED by the Mayor this _____ day of
______________________ 2011.
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX
Page 17
CITY OF ARLINGTON
_________________________________
Margaret Larson, Mayor
ATTEST:
_________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
_______________________________
Steve Peiffle, City Attorney
Association of Washington Cities - 2010 Tax and User Fee Survey
Report Date: 1/20/2011 - Municipal Tax Rates & Fees
Report
Criteria: Jurisdiction: Cities Population:
8,000
-
60,000
Valuation: non
e
Region: none Cluster: none
Counties: King, Pierce, Skagit, Snohomish, Thurston, Whatcom
Jurisdictions per selection criteria
Absence of data could mean an incomplete survey and/or that a
tax/fee isn't levied.
Display All records
Search these Results:
Processing...
City
Name
Business License Regulatory Fees
Cabaret Limos Taxi
Fee Frequency Fee Frequency Fee Frequency
Arlington $75 Annual
$75 Annual
Burlington $100 Annual $100 Annual $125 Annual
Des Moines $150.00-
$325.00 Annual $30 Annual
Kirkland $100.00 -
$250.00 Annual
Lacey $25 One-Time $30 Annual $30 Annual
Lake
Stevens $500 Annual $25 Annual $25 Annual
Lynden
$10 Annual $10 Annual
Lynnwood
$97.50 per
yr +
$14.50/empl.
Annual $165 Annual $165 Annual
Marysville $20.00-
$100.00 Annual $20 Annual $20 Annual
City
Name
Business License Regulatory Fees
Cabaret Limos Taxi
Fee Frequency Fee Frequency Fee Frequency
Mount
Vernon
$75.00 +
$25.00/vehicle Annual $75.00 +
$25.00/vehicle Annual
Mountlake
Terrace
$409.00-
$1022.00 Annual
Annual
$93.00 +
2$5.00
background
check
Annual
Olympia $30 Annual $30 Annual $30 Annual
Puyallup $150 Annual
$25 Annual
Sammamish
$100.00
music plus
$250.00
dance
Annual
SeaTac $200 Annual
Shoreline $124.75 -
$581.00 Annual
Tumwater $50 Annual $50 Annual $50 Annual
Plan Review
Fee Permit Fee Plan Review
Fee Permit Fee Plan Review
Fee
Additional
100 CY Permit Fee Additional
100 CY
Plan Review
Fee Permit Fee Additional
1,000 CY
Plan Review
Fee
Arlington No Fee $25.50 Flat
Fee
$25.50 Flat
Fee
$40.00 Flat
Fee
$40.00 Flat
Fee
$40.00 Flat
Fee $18.90 $53.35 Flat
Fee
$210.50 Flat
Fee $15.70 $53.35 Flat
Fee
Kenmore $28.40 Flat
Fee
Base Fee +
Disturbed
Area up to 1
acre $176.00
per acre
$819.00
$28.40 Flat
Fee
Base Fee +
Disturbed Area
1.1-10 acres
$381.00
per acre
$614.30
$28.40 > 500
$54.00/501 >
$28.40 > 500
$39.20/501 >
Base Fee +
Disturbed Area
10.1-40 acres
$2,916.00
per acre
$360.80
$54.00 > 3000
$339.00 > 10,000
$39.20 >
3000
$26.10/3001
>
Base Fee +
Disturbed Area
40.1-120 acres
$10,428.00
per acre
$173.00
$2,159.00 >
20,000 $3,319.00
> 40,000
$3,599.00 >
80,000 $4,239.00
/ 80 001+
Kent 65% of
grading fees
Valuation
$5.00 per cy
Valuation up
to $500.00 -
$23.50
65% of
grading fees
Valuation
$501.00 -
$2000.00
$25.30/1st $500
$3.30 each
additional
$100.00
65% of
grading fees
Valuation
$2001.00 -
$25,000.00
$74.80/1st
$2000.00
$15.10 each
additional
$1,000.00
65% of
grading fees
Valuation
$25,001.00 -
$50,000.00
$422.10/1st
$25,000.00
$10.90 each
additional
$1,000.00
65% of
grading fees
Marysville $100.00 Flat
Fee
$100.00 Flat
Fee
$120.00 Flat
Fee
$120.00 Flat
Fee
$160.00 Flat
Fee
$200.00 Flat
Fee $20.00 $200.00 Flat
Fee
$300.00 Flat
Fee $40.00 $300.00 Flat
Fee
Mill Creek 1% EECC*
Inspection
Fee 2.0%
EECC*
1% EECC*
Inspection
Fee 2.0%
EECC
1% EECC
Inspection
Fee 2.0%
EECC
1% EECC
Inspection
Fee 2.0%
EECC
1% EECC
Monroe $398.00 Flat
Fee
$253.00 Flat
Fee
$788.00 Flat
Fee
$253.00 Flat
Fee
$1307.00 Flat
Fee
$253.00 Flat
Fee
$2102.00 Flat
Fee
$253.00 Flat
Fee
$3138.00 Flat
Fee
Mount
Vernon No Fee No Fee No Fee $250.00 Flat
Fee
$250.00 Flat
Fee
$500.00 Flat
Fee
Sedro
Woolley No Fee $23.50 Flat
Fee
$23.50 Flat
Fee
$37.00 Flat
Fee
$37.00 Flat
Fee
$37.00 Flat
Fee $17.50 $49.25 Flat
Fee
$194.50 Flat
Fee $14.50 $49.25 Flat
Fee
Snohomish
County
0.33 per
cubic yard
$250 pre-Insp.
$100 site
review $200
basic fee
0.33 per
cubic yard
$250 pre-Insp.
$100 site review
$200 basic fee
0.33 per
cubic yard
$250 pre-Insp.
$100 site review
$200 basic fee
Not to exceed
$23,000
0.33 per
cubic yard
$250 pre-Insp.
$100 site review
$200 basic fee
Not to exceed
$23,000
0.33 per
cubic yard
Plan Review
Fee Permit Fee Plan Review
Fee Permit Fee Plan Review
Fee
Additional
100 CY Permit Fee Additional
100 CY
Plan Review
Fee Permit Fee Additional
1,000 CY
Plan Review
Fee
$100.00 Flat
Fee
$100.00 Flat
Fee
$120.00 Flat
Fee
$120.00 Flat
Fee
$160.00 Flat
Fee
$200.00 Flat
Fee $20.00 $200.00 Flat
Fee
$300.00 Flat
Fee $40.00 $300.00 Flat
Fee
50 CY or Less
50 CY or Less 51 - 100 CY 101 - 1,000 CY 1,001 - 10,000 CY
Engineering - Proposed Fee Schedule
Engineering - Municipality Grading Fee Comparison 2010
1,001 - 10,000 CY 101 - 1,000 CY51 - 100 CY
Additional
10,000 CY Permit Fee Additional
10,000 CY
Plan Review
Fee
Additional
10,000 CY Permit Fee Additional
10,000 CY
Plan Review
Fee
Additional
10,000 CY Permit Fee Additional
10,000 CY
$26.50 $351.80 Flat
Fee $71.40 $292.00 Flat
Fee $14.40 $994.80 Flat
Fee $39.50 $435.45 Flat
Fee $7.85 $994.80 Flat
Fee $39.50
$7.90 > 20,000
$2.10 > 40,000
$1.40 > 80,000
$0.60 / 80,001 +
Base Fee +
Disturbed Area
120.1-360
acres
$22,944.00
per acre
$68.70
Base Fee +
Disturbed Area
360.1 and up
$34,716.00
per acre
$36.00
Valuation
$50,001.00 -
$100,000.00
$694.60/1st
$50,000.00
$7.55 each
additional
$1,000.00
65% of
grading fees
Valuation
$100,001.00 -
$500,000.00
$1,072.10/1st
$100,000.00
$6.05 each
additional
$1,000.00
65% of
grading fees
Valuation
$500,001.00 -
$1,000,000.00
$3,492.10/1st
$500,000.00
$5.10 each
additional
$1,000.00
$40.00 $500.00 Flat
Fee $60.00 $400.00 Flat
Fee $60.00 $600.00 Flat
Fee $80.00 $500.00 Flat
Fee $100.00 $600.00 Flat
Fee $80.00
Inspection
Fee 2.0%
EECC
0.75% EECC
Inspection
Fee 1.5%
EECC
0.75% EECC
Inspection
Fee 1.5%
EECC
* E.E.C.C. - Engineer's Estimated Cost
of Construction - includes labor,
equipment, material, overhead and
profit.
$253.00 Flat
Fee
$3138.00 Flat
Fee $186.00 $253.00 Flat
Fee
$3138.00 Flat
Fee $186.00 $253.00 Flat
Fee
$500.00 Flat
Fee
$500.00 Flat
Fee
$500.00 Flat
Fee
$24.50 $325.00 Flat
Fee $66.00 $269.75 Flat
Fee $13.25 $919.00 Flat
Fee $36.50 $402.25 Flat
Fee $7.25 $919.00 Flat
Fee $36.50
Not to exceed
$23,000
$250 pre-Insp.
$100 site review
$200 basic fee
0.33 per
cubic yard
Not to exceed
$23,000
$250 pre-Insp.
$100 site review
$200 basic fee
0.33 per
cubic yard
Not to exceed
$23,000
$250 pre-Insp.
$100 site review
$200 basic fee
Additional
10,000 CY Permit Fee Additional
10,000 CY
Plan Review
Fee
Additional
10,000 CY Permit Fee Additional
10,000 CY
Plan Review
Fee
Additional
10,000 CY Permit Fee Additional
10,000 CY
$40.00 $500.00 Flat
Fee $60.00 $400.00 Flat
Fee $60.00 $600.00 Flat
Fee $80.00 $500.00 Flat
Fee $100.00 $600.00 Flat
Fee $80.00
100,001 - 200,00 CY 200,001 CY and up10,001 - 100,000 CY
200,001 CY and up10,001 - 100,000 CY 100,001 - 200,00 CY
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT L
COUNCIL MEETING DATE:
January 24, 2011
SUBJECT:
Adopting Revised Financial Management
Policies
DEPARTMENT OF ORIGIN:
Executive / Finance
Contact: Kristin Banfield, 360-403-3444
Jim Chase, 360-403-3422
ATTACHMENTS:
Revised Financial Policies
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY:
LEGAL REVIEW: City Attorney has reviewed the proposed
resolution and revised financial management
policies.
DESCRIPTION:
The City’s recent audit by the State Auditor’s Office revealed the need to adopt a Cost Allocation
Plan within our Financial Management policies. The City is required to have this plan in place in
2011 to address the requirement of the State Auditor. The Cost Allocation plan provides clear
direction to the Finance staff on how to allocate costs for financial and administrative services to
our various enterprise funds.
In addition, minor changes were made to correct gender references and to adopt updated
definitions.
HISTORY:
The City initially adopted its formal Financial Management Policies in 2005. This is the first
revision of these policies.
ALTERNATIVES:
Remand to staff with specific directions to revise.
RECOMMENDED ACTION:
Staff is requesting that the City Council place the proposed revised policy on the February 7,
2011 agenda for formal adoption by Resolution.
RESOLUTION NO. 2011--xxx
RESOLUTION NO.
2011--xxx
A RESOLUTION OF THE CITY OF ARLINGTON REPLACING RESOLUTION NO. 709
AND ADOPTING REVISED FINANCIAL POLICIES FOR THE CITY
WHEREAS, the National Advisory Council on State and Local Budgeting Practices
recommends budget practices, including the development of a series of financial policies; and
WHEREAS the Arlington City Council has reviewed and deliberated on the
recommended revisions to the financial policies and finds that it is in the best interest of the city
to adopt financial policies;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ARLINGTON:
Section 1
. The “Financial Management Policies” dated February 7, 2011 are hereby
adopted as the financial policies and practices of the City. The City Council further
encourages the Mayor to utilize such policies in preparation of the budget.
Section 2
. This resolution shall take effect immediately upon passage thereof.
APPROVED by the Mayor and City Council of the City of Arlington this 7th day of
February, 2011.
CITY OF ARLINGTON
___________________________
Margaret Larson
Mayor
ATTEST:
_________________________________
Kristin Banfield
City Clerk
APPROVED AS TO FORM:
__________________________________
Steven J. Peiffle
City Attorney
1
City of Arlington
Adopted 2/7/2011
Financial Management Policies
CITY OF ARLINGTON, WASHINGTON
OPERATING POLICIES
3
Table of Contents
OPERATING POLICIES
Purpose, objectives……………………………………………………………4
Reserve Fund Policies…………………………………………………………5
Revenue Policies………………………………………………………………6
Expenditure Policies ..…………………………………………………………7
Accounting and Financial Reporting……………………………….…………8
Budget Policies…………………………………………………………………9
Purchasing……………………………………………………………………10
Cost Allocation……………………………………………………………….11
DEBT MANAGEMENT POLICY……………………………………………………13
INVESTMENT POLICY……………………………………………...………………15
CITY OF ARLINGTON, WASHINGTON
OPERATING POLICIES
4
Purpose:
The Comprehensive Financial Management Policy assembles all of the City’s financial policies
in one document. They are the tools to ensure that the City is financially able to meet its
immediate and long-term service objectives. The individual policies contained herein serve as
guidelines for both the financial planning and internal financial management of the City.
The City of Arlington is accountable to its citizens for the use of public dollars. Municipal
resources must be wisely used to ensure adequate funding for the services, public facilities, and
infrastructure necessary to meet the community’s present and future needs. These policies
safeguard the fiscal stability required to achieve the City’s goals and objectives.
Objectives:
In order to achieve its purpose, the Financial Management Policies have the following objectives
for the City’s fiscal performance.
A. To guide the City Council and management policy decisions that have significant impact.
B. To set forth-operating principles that minimize the cost of government and financial risk.
C. To employ balanced and fair revenue policies that provide adequate funding for desired
programs.
D. To maintain appropriate financial capacity for present and future needs.
E. To promote sound financial management by providing accurate and timely information
on the City’s financial condition.
F. To protect the City’s credit rating and provide for adequate resources to meet the
provision of the City’s debt obligations on all municipal debt.
G. To ensure the legal use of financial resources through an effective system of internal
controls.
H. To promote cooperation and coordination with other governments and the private sector
in the financing and delivery of services.
CITY OF ARLINGTON, WASHINGTON
OPERATING POLICIES
5
Reserve Fund Policies
Adequate reserve levels are a necessary component of the City’s overall financial management
strategy and key factor in external agencies’ measurement of the City’s financial strength.
a. The City will strive to maintain a Program Development Fund (rainy day fund) with a target
balance of eight percent (8%) of the total General Fund budgeted taxes and Licenses &
Permits. These operating reserves are maintained to address temporary revenue shortfalls;
payment of approved expenditures due to cash flow shortage; reserves for expenditures
deemed necessary by the Mayor and City Council; temporary short-term interfund loans, and
other unanticipated expenses as approved by the City Council. An annual contribution will be
budgeted from General Fund resources as available to maintain the target reserve level.
1) This “reserve” shall be in addition to the maintenance
ing of one-month operating cash
within the General Fund itself.
b. It will be the policy of the City to maintain a Capital Facilities/Building Fund to provide
funding for future facilities including debt repayment, less proprietary fund projects. The use
of any funds within the Capital Facilities/Building Fund will be as approved by the City
Council.
c. Contributions to Program Development and Capital Facilities/Building Funds will be made
from available funds as identified in the annual budget, or amended budget at the end of the
year. The Finance Director shall make a recommendation to the Council with regard to
transfers to reserve funds. The Council, by motion (and amending the budget by ordinance as
necessary) shall authorize the transfers, as the Council shall determine to be appropriate at
that time.
d. All expenditures drawn from reserve accounts shall require prior Council approval unless
previously specifically authorized by the City Council for expenditure in the annual budget.
CITY OF ARLINGTON, WASHINGTON
OPERATING POLICIES
6
Revenue Policies
a. To the extent possible, a diversified and stable revenue system will be maintained to shelter
public services from short-run fluctuations in any one revenue source. Trends analyzing the
dependence on distinct revenue sources shall be included in the budget documents for
consideration by the Council.
b. Revenue forecasts shall be realistically estimated and based on the best information
available. The City will follow a vigorous policy of collecting revenues.
c. Revenue forecasts will assess the full spectrum of resources that can be allocated for public
services. Each year the Council shall review potential sources of revenue as part of the
annual budget process.
d. Short-term (anticipated less than one year) economic downturns and temporary gaps in cash
flow: Expenditure reductions or restrictions may be imposed. Council may approve a
contribution from the Program Development Fund or interfund loans to address temporary
downturns in City revenues. Interfund loans may also be utilized to cover temporary gaps in
cash flow.
e. Long-term (greater than one year) revenue downturns: Deficit financing and borrowing to
support on-going operations is not the policy of the City as a response to long-term revenue
shortfalls. Revenue forecasts will be revised. Expenses will be reduced to conform to the
revised long-term revenue forecast or revenue increases will be considered.
f. All potential grants shall be carefully examined for matching requirements. Some grants
may not be accepted if the local matching funds cannot be justified. Grants may also be
rejected if programs must be continued with local resources after grant funds are exhausted.
g. The City shall develop and maintain a comprehensive list of various fees and charges. Fees
may be set at levels sufficient to cover the entire cost of service delivery (such as in
“Enterprise Funds”), or the service may be subsidized, as Council deems appropriate. The
City will systematically review user fees and rates and consider adjustments as necessary to
take into account the effects of additional service costs and inflation. Rate studies shall be
conducted to ensure that the rates will continue to support direct and indirect costs of
operations, administration, plant maintenance, debt service, depreciation of capital assets,
and moderate system extensions. Based on a market analysis, fees for similar services in
other communities may also be considered. The criteria used to evaluate recommended
target rates (equity, cost recovery policy, market demand, etc) shall be included in the staff
report during the review. Such review should be scheduled periodically and be incorporated
into the budget process for possible action by the City Council.
h. The City will review contracts and leases, which result in revenues to the city on a timely
basis in order to provide for careful evaluation by the City Council.
CITY OF ARLINGTON, WASHINGTON
OPERATING POLICIES
7
Expenditure Policies
a. The City will only propose operating expenditures, which can be supported from on-going
operating revenues. Before the City undertakes any agreements that would create fixed on-
going expenses, the cost implications of such agreements will be fully determined for current
and future years. Capital expenditures may be funded from one-time revenues, but the
operating budget expenditure impacts of capital expenditures will be reviewed for
compliance with this policy provision.
b. Department heads are responsible for managing their budgets within the total appropriation
for their department.
c. The City will maintain expenditure categories according to state statute and administrative
regulation.
d. The City will assess funds for services provided internally by other funds. The estimated
direct and indirect costs of service will be budgeted and charged to the fund performing the
service. Interfund service fees charged to recover these costs will be recognized as revenue
to the providing fund. A review of the method for determining the amount of the interfund
assessment will be reviewed periodically.
e. Emphasis is placed on improving individual and work group productivity rather than adding
to the work force. The City will invest in technology and other efficiency tools to maximize
productivity. The City will hire additional staff only after the need of such positions has
been demonstrated and documented.
f. All compensation planning and collective bargaining will focus on the total cost of
compensation, which includes direct salary, health care benefits, pension contributions,
training allowance, and other benefits of a non-salary nature, which are a cost to the City.
CITY OF ARLINGTON, WASHINGTON
OPERATING POLICIES
8
Accounting, Auditing and Financial Reporting
The City will maintain a system of financial monitoring, control, and reporting for all
operations and funds in order to provide effective means of ensuring that overall City
goals and objectives are met.
Accounting Records and Reporting. The City will maintain its accounting records in
accordance with state and federal regulations. Budgeting, accounting and reporting will conform
to Budgeting, Accounting and Reporting System (BARS) for Governments as prescribed by the
Washington State Auditor.
Auditing. The State Auditor will annually perform the City’s financial and compliance
Audit. Results of the annual audit will be provided to the Council in a timely manner.
Simplified Fund Structure. To the extent possible, the City will minimize the number
of Funds.
The Finance Department will develop, maintain, and consistently seek to improve cash
management systems which ensure the accurate and timely accounting, investment, and
security of all cash assets. All cash received by City departments will be deposited
with the Finance Department prior to the end of each business day (unless a department has a
secure place to hold it over night and can demonstrate those secure procedures to the Finance
Director).
CITY OF ARLINGTON, WASHINGTON
OPERATING POLICIES
9
Budget and Operating Policies
a. All decisions will be within the context of long-range plans (Capital Facilities Plan /
Comprehensive Plan/Capital Improvement Plan). Staff shall provide a review of the
implications of budgetary proposals on long-range plans.
b. The annual budget shall be developed consistent with state law and in a manner which
encourages early involvement with the public and City Council. A calendar of events related
to budget development shall be presented to the City Council by April 30th
c. The Finance Department will maintain a system for monitoring the City’s budget
performance. The system will provide the City Council with monthly and or quarterly
information in a timely manner on fund level resource collections and department level
expenditures.
of each year.
Under the provisions of State Law and the City’s operating procedures, the budget may be
adjusted or amended in two different ways. Adjustment of the budget involves a reallocation
of existing appropriations and does not change the “bottom line”. No City Council action is
needed as State Law allows budget adjustments to be done administratively. Amendment of
the budget involves an addition to or reduction of existing appropriations. City Council
action, by ordinance, is required.
d. Fixed asset inventories. Accurate inventories of all physical assets, their condition, life spans,
and cost will be maintained to ensure proper stewardship of public property. The Finance
Director will establish policies and appropriate procedures to manage fixed assets, including
establishing the threshold dollar amount for which fixed asset records are maintained and
how often physical inventories are taken.
CITY OF ARLINGTON, WASHINGTON
OPERATING POLICIES
10
Purchasing
The City will follow State Laws, adopted resolutions, ordinances and policies regarding
procurement.
Federal Funds. When procurement involves the expenditure of federal funds, purchasing shall
be conducted in accordance with any applicable federal laws or regulations.
Grants. When procurement involves the expenditure of a grant, purchasing shall be conducted in
accordance with any applicable grant laws or regulations.
Emergency procurement. The Mayor or his/her designated agent may make or authorize others
to make emergency procurements of materials, supplies, equipment or services when there exists
a threat to public health, welfare, or safety. State laws relating to emergency purchases will be
followed.
CITY OF ARLINGTON, WASHINGTON
OPERATING POLICIES
11
Cost Allocation
The City of Arlington desires to comply with all laws and recommendations in calculating and
receiving full cost recovery for services rendered to other funds.
Cost allocation is a method to identify and distribute indirect costs. Direct costs are costs
assignable to a specific objective, whereas indirect costs are costs incurred for multiple cost
objectives or not assignable to a specific cost objective without effort disproportionate to the
benefit received.
The Washington State Auditor’s Office prescribes the accounting and reporting of local
governments in the State of Washington under the Revised Code of Washington (RCW)
43.09.200. Washington State law provides, at RCW 43.09.210. It states in part:
Separate accounts shall be kept for each department, public improvement, undertaking,
institution, and public service industry under the jurisdiction of every taxing body. All
service rendered by, or property transferred from , one department, public improvement,
undertaking, institution, or public service industry receiving the same, and no department,
public improvement, undertaking institution, or public service industry shall benefit in any
financial manner whatever by an appropriation of fund made for the support of another.
The RCW does not specifically address how “full value” is to be determined.
RCW 35A.33.122/35A.34.205/35.33.123 states:
Administration, oversight, or supervision of utility – Reimbursement from utility budget
authorized. Whenever any code city apportions a percentage of the city manager’s,
administrator’s, or supervisor’s time, or the time of other management or general government
staff, for administration, oversight, or supervision of a utility operated by the city, or to
provide services to the utility, the utility budget may identify such services and budget for
reimbursement of the city’s current expense fund for the value of such services.
The Federal Office of Management and Budget (OMB) Circular A-87
OMB Circular A-87 establishes cost principals for State, local, and Indian Tribal Governments
for determining costs for Federal Awards. Item 5 of the Circular states that, “The principals are
for determining allowable costs only.” In defining allowable costs, the Circular provides a
definition of allocable costs at Attachment A, paragraph C.3.a, “A cost is allocable to a particular
cost objective if the goods or services involved at chargeable or assignable to such cost objective
in accordance with relative benefits received.” The Circular further outlines costs that are
allowable for charging the Federal government and distinguishes those that are specifically
excluded from recovery.
Governmental Accounting Standards Board (GASB)
GASB is the independent organization that establishes and improves standards of accounting and
financial reporting for U.S. state and local governments. While GASB is not a governmental
agency and does not have enforcement authority, compliance with GASB is tested by the
Washington State Auditor’s Office’s annual audit of the City.
CITY OF ARLINGTON, WASHINGTON
OPERATING POLICIES
12
Allocated Costs
The City has identified a variety of ways to identify and determine an appropriate percentage of
costs for allocation to various using funds. These ways include;
• Number of employees (FTE’s) in each fund
• Total operating expenses (dollar amounts) in each fund (not including debt service and capital
improvements)
• Total operating revenues (dollar amounts) in each fund (not including beginning fund balances,
grant receipts or interfund transfers), and
• Number of expenditure line items used in each fund
• What percentage of Finance Dept. time is directly attributable to utility billing
The following is the plan to allocate General Fund Service costs - Administrative, Financial
(including payroll), Information Services (computer and communications), to the various funds
that utilize those services. One of the tasks of the Finance Department is to manage the Utility
Billing function for the Water/Sewer and Stormwater Funds. Forty seven percent of all Finance
costs are considered to be directly related to the utility funds. The breakdown is 98% of the two
Utility Billing Clerks, 90% of the Cashier, 25% of the Accounts Payable Clerk, 5% of the Staff
Accountant, 5% of the Assistant Finance Director and 10% of the Finance Director.
1) Identify the General Fund costs to be allocated.
2) On an annual basis, the Finance Department will compile the numbers from the above
mentioned ways to determine the appropriate percentages to use in allocating General
Fund costs to be allocated to various funds. An average percentage rate will then be
determined.
3) Allocate the General Fund Administrative, Financial and Information Services costs.
CITY OF ARLINGTON, WASHINGTON
DEBT MANAGEMENT POLICY
13
Debt Management Policy
The objectives of the City’s Debt Management Policy will be:
• To reduce the use of debt so that debt service payments will be a predictable and manageable
part of the operating budget.
• To raise capital at the lowest cost, consistent with the need to borrow. This will be
accomplished by:
- Keeping a high credit rating (while making attempts to strengthen credit rating)
- Maintaining a good reputation in the credit markets by adjusting the capital program for
regular entry to the bond market and managing the annual budget responsibly.
b. Professional service providers (underwriters, financial advisors, bond insurer’s, etc) may be
selected through negotiation, RFQ process or City’s procurement policies.
c. Debt issues will be sold on competitive basis (except when conditions make a negotiated sale
preferable) and awarded to the bidder who produces the lowest interest cost. Revenue bonds
can be issued through a negotiated sale when the issue is unusually large, the project is
speculative or complex, the issue is a refunding, or the market is unstable.
d. The term of long-term debt issued will not exceed the life of the projects financed. Current
operations will not be financed with long-term debt.
e. Short-term borrowing will not be used for operating purposes.
f. The City will comply with its obligation to inform the Municipal Securities Rulemaking
Board through the EMMA website (Electronic Municipal Market Access) any and all
continuing disclosure documents and annual financial statements. This site is used by the
ratings agencies and investors. The City’s annual audited financial report will be sent to
EMMA as soon as the State Auditor’s Office issues the report.
g. The City shall strive to maintain favorable current credit ratings.
h. The City will comply with all statutory debt limitations imposed by the Revised Code of
Washington (RCW). The City of Arlington debt will not exceed an aggregated total of 7.5%
of the assessed valuation of the taxable property within the City. Compliance with state law
and this policy shall be documented each year.
The following individual percentages (as defined in state law) shall not be exceeded in any
specific debt category:
General Debt 2.5% of assessed valuation
Utility Debt 2.5% of assessed valuation
Open Space and Park facilities 2.5% of assessed valuation
CITY OF ARLINGTON, WASHINGTON
DEBT MANAGEMENT POLICY
14
i. No debt shall be issued for which the City is not confident that a sufficient, specifically
identified revenue source is available for repayment. The Finance Director shall prepare an
analytical review for this purpose prior to the issuance of any debt.
j. It shall be the policy of the City to limit bonded indebtedness to levels that permit sufficient
borrowing to support a reasonable rate of capital programming, permit a level and pace of
debt amortization within the City’s ability to pay, and support the City’s credit rating
objectives. It shall further be the policy of the City not to exceed 75% of City’s LTGO debt
limit.
k. Credit enhancements shall be considered with a cost/benefit analysis for each long-term bond
issue.
l. Reserve accounts shall be maintained as required by bond ordinances and where deemed
advisable by the City Council. The city shall structure such debt service reserves so that they
do not violate IRS arbitrage regulations.
m. The City will maintain debt service coverage ratios as required for any bond issues.
n. Interfund borrowing may be used where such borrowing is effective. Interfund borrowing
will be approved and authorized by the City Council.
CITY OF ARLINGTON, WASHINGTON
INVESTMENT MANAGEMENT POLICY
15
Investment Policy
POLICY.
It is the policy of the City of Arlington to invest its public funds in a manner which
will provide the highest investment return consistent with a high degree of security while
meeting the daily cash flow demands of the City and conforming to all state statutes and local
ordinances governing the investment of public funds. Cash may, at the discretion of the Finance
Director be invested separately by fund or be co-mingled into a common investment portfolio
and earnings from such portfolio distributed at least quarterly. The Finance Director is authorized
to manage the investments described herein.
SCOPE.
This investment policy applies to all financial assets of the City except: for assets held
in escrow and retirement funds managed by others such as state. City financial assets are
accounted for in the City's Annual Financial Report and include:
2.1 Funds
2.1.1 General Fund
2.1.2 Special Revenue Funds
2.1.3 Debt Service Funds
2.1.4 Capital Project Funds
2.1.5 Enterprise Funds
2.1.6 Internal Service Funds
2.1.7 Trust Funds and Agency Funds
PRUDENCE.
The investments shall be made with judgment and care – under circumstances then
prevailing - which persons of prudence, discretion and intelligence exercise in the management
of their own affairs, not for speculation, but for investment, considering the probable safety of
their capital as well as the probable income to be derived.
OBJECTIVE.
Funds of the City will be invested in accordance with the Revised Code of
Washington (RCW) 35A.40.050, the BARS manual and these policies.
The primary objectives, in order of priority, of the City's investment activities shall be as
follows:
Legality: The City's investments will be in compliance with all statutes governing the
investment of public funds and the provisions of all applicable bond ordinances.
Safety: Investments of the City shall be undertaken in a manner that seeks to ensure the
preservation of capital in the overall portfolio. To attain this objective, diversification is required
in order that potential losses on individual securities do not exceed the income generated from
the remainder of the portfolio.
Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to
meet all operating requirements, which might be reasonably anticipated. The Finance Director
shall maintain adequate liquidity by maintaining a minimum balance in the LGIP.
CITY OF ARLINGTON, WASHINGTON
INVESTMENT MANAGEMENT POLICY
16
Return on Investment: The City's investment portfolio shall be designed with the objective of
attaining a market rate of return throughout budgetary and economic cycles, taking into account
the City's investment risk constraints and the cash flow characteristics of the portfolio.
Local Institutions: Local Institutions shall be given preference when they are, in the judgment
of the Finance Director, competitive with other institutions.
The Finance Director’s investment actions shall be governed by this policy.
The Finance Director shall be responsible for all transactions undertaken and shall establish a
system of controls to regulate all investment activities, and report promptly to the Council any
adverse development with any investment.
ETHICS AND CONFLICTS OF INTEREST.
The Finance Officer shall refrain from personal
business activity that could conflict with proper execution of the investment program, or which
could impair their ability to make impartial investment decisions. The Finance Officer shall
disclose to the Mayor and the Council any material financial interests in financial institutions that
conduct business with the City, and she/he shall further disclose any personal
financial/investment positions that could be related to the performance of the City's portfolio.
The City’s Finance Officer shall subordinate their personal investment transactions to those of
the City, particularly with regard to the time of purchases and sales.
AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS.
The Finance Director will
maintain a list of financial institutions authorized to provide investment services to the City of
Arlington. In addition, a list will also be maintained of approved security broker/dealers
selected by credit worthiness, who maintain an office in the State of Washington. These may
include "primary" dealers or regional dealers that qualify under US Securities and Exchange
Commission Rule 15c3-1 (uniform net capital rule). No public deposit shall be made except in a
qualified public depository as established by State laws.
At the request of the City, financial institutions, brokers and dealers performing investment
services for the City shall provide their most recent financial statements or Consolidated Report
of Condition (“call report”) for review.
AUTHORIZED & SUITABLE INVESTMENTS.
The City may invest in any of the securities
identified as eligible investments as defined by RCW 35A.40.050. In general, these consist of:
Investment deposits (certificates of deposits) with qualified public depositories as defined in
Chapter 39.58 RCW.
Certificates, notes or bonds of the United States, or other obligations of the United States or its
agencies, or of any corporation wholly owned by the government of the United States whose
securities carry full faith and credit guarantees.
CITY OF ARLINGTON, WASHINGTON
INVESTMENT MANAGEMENT POLICY
17
Obligations of government-sponsored corporations which are eligible as collateral for advances
to member banks as determined by the Board of Governors of the Federal Reserve System.
(These include but are not limited to, Federal Home Loan Bank notes and bonds, Federal Farm
Credit Bank consolidated notes and bonds, and Federal National Mortgage Association notes.)
Prime bankers' acceptances purchased on the secondary market.
Repurchase agreements for securities listed above.
The Washington Local Government Investment Pool.
COLLATERALIZATION.
Collateralization will be required on all repurchase agreements so as
to anticipate market changes and provide a level of security for all funds, the collateralization
level will be 102% of market value of principal and accrued interest.
The City chooses to limit collateral to the obligations of the United States Government and its
agencies.
Collateral will always be held by an independent third party with whom the entity has a current
custodial agreement (except certificates of deposits). A clearly marked evidence of ownership
(safekeeping receipt) must be supplied to the entity and retained.
Certificates of deposit are delivered to and held by the Finance Director until they mature.
SAFEKEEPING AND CUSTODY.
All investment securities purchased by the City, including
collateral on repurchase agreements, shall be held by the City or in safekeeping by the City's
custodian bank or a third party bank trust department, acting as agent for the City under the terms
of a custody or trustee agreement executed by the bank and by the City. The primary agent shall
issue a safekeeping receipt to the City listing the specific instrument, rate, maturity, and other
pertinent information.
All securities transactions, including collateral for repurchase agreements entered into by the
City shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by a
third party custodian designated by the City Finance Director and evidenced by safekeeping
receipts.
DIVERSIFICATION. The City will diversify its investments by security type and issuer. With
the exception of US Treasury and Agencies of the United States government, and the
Washington State Local Government Investment Pool, no more than 50% of the City's total
investment portfolio will be invested in a single security and no more than 25% will be invested
with a single issuer.
CITY OF ARLINGTON, WASHINGTON
INVESTMENT MANAGEMENT POLICY
18
MAXIMUM MATURITIES.
To the extent possible, the City will attempt to match its
investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the
City will not directly invest in securities maturing more than five (5) years from the date of
purchase. The average maturity will be consistent with the liquidity objective. However, the City
may collateralize its repurchase agreements using longer-dated investments not to exceed 10
years.
The City’s reserve funds may be invested in securities not to exceed (10) years if the maturity
of such investments is made to coincide as nearly as possible with the expected use of funds.
The purpose of permitting a portion of the investments to have longer maturities is to recognize
that funds may yield higher yields when invested for longer periods of time.
INTERNAL CONTROLS.
The Finance Director shall establish a system of internal controls,
which shall be reviewed annually by an external auditor. This review will provide internal
control by assuring compliance with policies and procedures.
PERFORMANCE STANDARDS.
The City's investment portfolio will be designed to obtain a
market average rate of return during budgetary and economic cycles, taking into account the
City's investment risk constraints and cash flow needs.
Investment Strategy. The City’s investment strategy is active. As a result, securities are
purchased and sold as it best meets the needs of the City as determined by the Finance Director.
The Finance Director will be authorized to trade before maturity if it is in the best interest of the
City to do so.
REPORTING.
The Finance Director will determine what investment information will be
included in the monthly financial report.
CITY OF ARLINGTON, WASHINGTON
INVESTMENT MANAGEMENT POLICIES
GLOSSARY
19
ACCRUED INTEREST: The interest accumulated on a bond since its dated date or the most
recent date to which interest has been paid by the City. The buyer of the bond pays the market
price and accrued interest, which is payable to the seller.
AGENCIES: Federal agency securities.
ASKED: The price at which securities are offered.
BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust
company. The accepting institution guarantees payment of the bill, as well as the issuer.
BOND: A long-term debt security (IOU) issued by a government or corporation. Generally pays
a stated fixed rate of interest, and returns the face value at maturity.
BOOK VALUE: The amount at which an asset is carried on the books of the owner. The book
value of an asset does not necessarily have a significant relationship to market value.
BROKER: A middleman who brings buyers and sellers together for a commission paid by the
initiator of the transaction or by both sides; they do not position. In the money market, brokers
are active in markets in which banks buy and sell money and in interdealer markets.
CALL OPTION: The right to prepay or redeem a security at a predetermined price on or after a
specified future date that is earlier than its scheduled maturity date.
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity earning a
specified rate of return evidenced by a certificate. Certificates of Deposit bear rates of interest in
line with money market rates current at the time of issuance.
COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to
secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of
public monies.
CONFIRMATION: A document used to state and supplement in writing the terms of a
transaction which have previously been agreed to verbally.
COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on
the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment
date (not used since 1982).
CUSIP NUMBER (COMMITTEE OR UNIFORM SECURITIES IDENTIFICATION
PROCEDURES): An identifying number assigned to a publicly traded security. A nine-digit
code is permanently assigned to each issue and is generally printed on face of the security if it is
in physical form.
CITY OF ARLINGTON, WASHINGTON
INVESTMENT MANAGEMENT POLICIES
GLOSSARY
20
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and
selling for his or her own account.
DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery
versus payment and delivery versus receipt (also called free). Delivery versus payment is
delivery of securities simultaneously with an exchange of money for the securities. Delivery
versus receipt is delivery of securities simultaneously with an exchange of a signed receipt for
the securities.
DISCOUNT: There is "original issue discount" and "market discount." Original issue discount is
the difference between the cost1price of a security when first offered for sale to the general
public and its face value at maturity when quoted at lower than face value. Original issue
discount is treated as interest. Market discount is the difference between principal amount of an
outstanding security (reduced by any original issue discount) and the value of that security in the
then-current market (if lower than its principal amount). If a security is bought at a market
discount and later sold at a gain, the gain is taxable income.
DIVERSIFICATION: Dividing investment funds among a variety of securities offering
independent returns.
FARM CREDIT DISCOUNT NOTES AND BONDS: Secured joint obligations of Farm
Credit Banks that are issued with a minimum face value of $50,000 with maturities ranging from
5 to 360 days.
FEDERAL CREDIT AGENCIES: Agencies of the Federal Government set up to supply credit
to various classes of institutions and individuals, e.g., S&L's, small business firms, students,
farmers, farm cooperatives, and exporters.
FEDERAL FUNDS RATE: The rate of interest at which Federal funds are traded between
banks. This rate is currently pegged by the Federal Reserve through open market operations.
FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings
and loan associations. The Federal Home Loan Banks play a role analogous to that played by the
Federal Reserve Banks vis-à-vis member commercial banks.
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was
chartered under the Federal National Mortgage Association Act in 1938. FNMA is the
corporation's purchases include a variety of adjustable mortgages and second loans in addition to
fixed-rate mortgages FNMA's securities are also highly liquid and are widely accepted. FNMA
assumes and guarantees that all security holders will receive timely payment of principal and
interest.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a
substantial loss of value.
CITY OF ARLINGTON, WASHINGTON
INVESTMENT MANAGEMENT POLICIES
GLOSSARY
21
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from
political subdivisions that are placed in the custody of the State Treasurer for investment and
reinvestment.
MARKET VALUE: The price at which a security is trading and could presumably be
purchased or sold.
MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions
between the parties to repurchase -- reverse purchase agreements that establishes each party's
rights in the transactions. A master agreement will often specify, among other things the right of
the buyer-lender to liquidate the underlying securities in the event of default by the
seller-borrower.
MATURITY: The date upon which the principal or stated value of an investment becomes due
and payable.
PORTFOLIO: A collection of securities held by an investor.
PRIMARY DEALER: A group of government securities dealers that submit daily reports of
market activity and positions and monthly financial statements to the Federal Reserve Bank of
New York and are subject to its informal oversight. Primary dealers include Securities and
Exchange Commission (SEC) registered securities broker-dealers, banks, and a few unregulated
firms.
PRINCIPAL: The stated face amount of an instrument, exclusive of accrued interest.
PRUDENT PERSON RULE: An investment standard. In some states the law requires that a
fiduciary such as a trustee may invest money only in a list of securities selected by the
state-the-so-called legal list. In other states the trustee may invest in a security if it is one which
would be bought by a product person of discretion and intelligence who is seeking a reasonable
income and preservation of capital.
QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim
exemption from the payment of any sales or compensating use or ad valorem taxes under the
laws of this state, which has segregated for the benefit of the Public Deposit Protection
Commission eligible collateral having a value of not less than its maximum liability and which
has been approved by the Public Deposit Protection Commission to hold public deposits.
REPURCHASE AGREEMENT (RP or REPO): A holder of securities sells these securities to
an investor with an agreement to repurchase them at a fixed price on a fixed date. The security
"buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the
agreement are structured to compensate him for this. Dealers use RP extensively to finance their
positions. Exception: When the Fed is said to be doing RP, it is lending money, that is,
increasing bank reserves.
CITY OF ARLINGTON, WASHINGTON
INVESTMENT MANAGEMENT POLICIES
GLOSSARY
22
SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and
valuables of all types and descriptions are held in the bank's vaults for protection.
SEC RULE 15c3-1: SEC uniform net capital rule requiring brokers and dealers to maintain
certain amounts of net capitol.
SECURITIES & EXCHANGE COMMISSION: Agency created by congress to protect
investors in securities transactions by administering securities legislation.
TREASURY BILLS: A non-interest bearing discount security issued by the US Treasury to
finance the national debt. Most bills are issued to mature in three months, six months or one year.
TREASURY BONDS: Long-term US Treasury securities having initial maturities of more than
ten years.
TREASURY NOTES: Intermediate term coupon bearing U.S. Treasury securities having initial
maturities of from one to ten years.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that
member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of
indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.
Indebtedness covers all money owed to a firm, including margin loans and commitments to
purchase securities, one reason new public issues are spread among members of underwriting
syndicates. Liquid capital includes cash and assets easily converted into cash.
YIELD: The rate of annual income return on an investment expressed as a percentage. Income
Yield is obtained by dividing the current dollar income by the current market price for the
security. Net Yield or Yield to Maturity is the current income Yield minus any premium above
par or plus any discount in purchase price, with the adjustment spread over the period from the
date of purchase to the date of maturity of the bond.