HomeMy WebLinkAbout07-22-24 Council WorkshopSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
Mayor Don Vanney
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Don Vanney – Julie
APPROVAL OF THE AGENDA
Mayor Pro Tem Michele Blythe
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1. Low Bid Award for the 211th Place Rehabilitation Project ATTACHMENT A
Staff Presentation: Jim Kelly
Council Liaison: Jan Schuette
2. Construction Agreement with BNSF for Prairie Creek Bridge Project ATTACHMENT B
Staff Presentation: Jim Kelly
Council Liaison: Rob Toyer
3. Proposal from Rock Project Management for Construction ATTACHMENT C
Management Services
Staff Presentation: Jim Kelly
Council Liaison: Leisha Nobach
4. Ordinance Amending Arlington Municipal Code Chapter 20.16 ATTACHMENT D
Staff Presentation: Amy Rusko
Council Liaison: Debora Nelson
5. Ordinance Amending Arlington Municipal Code Chapter 20.40 ATTACHMENT E
Staff Presentation: Amy Rusko
Council Liaison: Michele Blythe
6. Ordinance Amending Arlington Municipal Code Chapter 20.44 ATTACHMENT F
Staff Presentation: Amy Rusko
Council Liaison: Michele Blythe
Arlington City Council Workshop
Monday, July 22, 2024 at 6:00 pm
City Council Chambers – 110 E 3rd Street
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 711 (TDD only) prior to the meeting date if special accommodations are required.
7. Ordinance Amending Arlington Municipal Code Chapter 20.114 ATTACHMENT G
Staff Presentation: Amy Rusko
Council Liaison: Jan Schuette
8. June Financial Report ATTACHMENT H
Staff Presentation: Kristin Garcia
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS
PUBLIC COMMENT
For members of the public who wish to speak to the Council. Please limit your remarks to three minutes.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Michele Blythe / Mayor Don Vanney
City of Arlington Council Agenda Bill WS #1 Attachment July 22, 2024 Low Bid Award for the 211th Place Rehabilitation Project
None. Preliminary bid tab will be handed out at workshop
Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $ Pending Bid BUDGET CATEGORY: BUDGETED AMOUNT: $3,600,000.00 2024 (Transpo + Utility Funds) LEGAL REVIEW: DESCRIPTION: Award of low bid for the 211th Place Rehabilitation Project.
211th Place is a critical link in Arlington’s transportation network serving as an urban minor collector connecting 67th Ave to a newly constructed roundabout at SR-530. 211th Place is also rated as a T3 freight corridor carrying 300,000 to 4 million tons of freight per year. This critical roadway is in poor/failing condition and in need of rehabilitation to continue reliable service. Arlington applied for and received a $2.3 million grant from the Transportation Improvement Board (TIB) to upgrade this roadway to Arlington’s current “Complete Streets” standards. The project was advertised for bid, with bids due on July 18. The number of bids received, and the apparent low bidder will be provided at the workshop. Staff will be working on certifying the bid and will be recommending award of the contract to the certified low bidder at the August 5 Council meeting. ALTERNATIVES:
Workshop; discussion only. At the July 29, 2024 Council meeting, the recommended motion will be, “I move to award the 211th Place Rehabilitation Project to ____________________________ in the amount of $X,XXX,XXX.XX and authorize the Mayor to sign the Construction Contract, subject to final review by the City Attorney.”
City of Arlington Council Agenda Bill WS #2 Attachment
July 22, 2024
Construction Agreement with BNSF for Prairie Creek Bridge Project DRAFT BNSF Agreement Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $ To Be Determined BUDGET CATEGORY: Storm Improvement Fund (409), FEMA Grant BUDGETED AMOUNT: $1,692,500 (2024, includes $1,181,075 grant) LEGAL REVIEW: DESCRIPTION: Staff is requesting authorization for the mayor to sign the Construction Agreement with BNSF for the Prairie Creek Bridge.
In 2012 the City began working on a project to mitigate flooding impacts to businesses along 204th St. and in the Jensen Business Park that was caused by a developer’s rerouting of a drainage way into Prairie Creek, the culverts at 71st Ave, 74th Ave, 204th Ave, BNSF, and 69th Ave were undersized to pass the increased flow. To view the project storyboard, visit https://arcg.is/C9DD0. All culvert replacement and creek restoration work has been completed except for replacement of the culvert crossing beneath the BNSF railroad tracks and restoration of the creek channel immediately upstream from the culvert. The City applied for and received a grant from FEMA to fund this final flooding and creek restoration work. After consultation with BNSF, the Tribe, and the permitting agencies, it was agreed that a bridge will be an acceptable structure. This Construction Agreement will allow BNSF to complete the construction of the bridge. ALTERNATIVES:
Workshop; discussion only. At the July 29, 2024 Council meeting, the recommended motion will be, “I move to approve the construction agreement with BNSF and authorize the Mayor to sign the agreement, pending final review by the City Attorney.”
Contract Number: BF-20512300
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CONSTRUCTION AGREEMENT
BNSF File No.BF-20512300
BNSF Bridge 5.9 LS 406
Arlington, WA
This Agreement (“Agreement”), is executed to be effective as of , by and between BNSF
RAILWAY COMPANY, a Delaware corporation ("BNSF"), and the CITY OF
ARLINGTON, a political subdivision of the State of Washington ("Agency”).
RECITALS:
WHEREAS, BNSF owns and operates a line of railroad in and through the City of
Arlington, State of Washington;
WHEREAS, Agency desires to improve the existing drainage of Prairie Creek by
removing a culvert and constructing a new bridge to be known as BNSF Bridge 5.9; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the
parties contained herein, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
ARTICLE I – SCOPE OF WORK
1) The term "Project" as used herein includes any and all work related to the
construction of the proposed Bridge 5.9 (hereinafter referred to as the "Structure"),
more particularly described on the Exhibit A attached hereto and incorporated herein,
including, but not limited to, any and all changes to telephone, telegraph, signal and
electrical lines and appurtenances, temporary and permanent track work, fencing,
grading, alterations to or new construction of drainage facilities, preliminary and
construction engineering and contract preparation. During construction of the
Structure, vehicular traffic will be excluded from the use of 204th Street NE between
69th Avenue and 71st Avenue and rail traffic will be temporarily paused. Additionally,
temporary controls during construction must be in compliance with Section 8A -5,
"Traffic Controls During Construction and Maintenance" of the Uniform Traffic Control
Devices Manual, U.S. Department of Transportation.
Contract Number: BF-20512300
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ARTICLE II – BNSF OBLIGATIONS
In consideration of the covenants of Agency set forth herein and the faithful performance
thereof, BNSF agrees as follows:
1) In consideration of the faithful performance of the Agency’s covenants contained
herein, BNSF hereby grants to Agency, its successors and assigns, upon and subject
to the terms and conditions set forth in this Agreement, a temporary non -exclusive
license (hereinafter called, “Temporary Construction License”) to construct the
Structure across or upon the portion of BNSF's right -of-way described further on
Exhibit A, excepting and reserving BNSF’s rights, and the rights of any others who
have obtained, or may obtain, permission or authority from BNSF, to do the following:
A. Operate, maintain, renew and/or relocate any and all existing railroad track or
tracks, wires, pipelines and other facilities of like character upon, over or under the
surface of said right-of-way;
B. Construct, operate, maintain, renew and/or relocate upon said right -of-way,
without limitation, such facilities as the BNSF may from time to time deem
appropriate, provided such facilities do not materially interfere with the Agency’s
use of the Structure;
C. Otherwise use or operate the right -of-way as BNSF may from time to time deem
appropriate, provided such use or operations does not materially interfere with the
Agency’s use of the Structure.
Prior to commencing any work on BNSF’s property or right -of-way, Agency must pay
BNSF the sum of [_____________] and No/100 Dollars ($[______]) as compensation
for the Temporary Construction License. The term of the Temporary Construction
License begins on the Effective Date and ends on the earlier of (i) substantial
completion of the Structure, or (ii) twelve (12) months following the Effectiv e Date. The
Temporary Construction License and related rights given by BNSF to Agency in this
provision are without warranty of title of any kind, express or implied, and no covenant
of warranty of title will be implied from the use of any word or words herein contained.
The Temporary Construction License is for construction of the Structure only and shall
not be used by Agency for any other purpose . Agency acknowledges and agrees that
Agency shall not have the right, under the Temporary Construction License, to use
the Structure. In the event Agency is evicted by anyone owning, or claiming title to or
any interest in said right-of-way, BNSF will not be liable to Agency for any damages,
losses or any expenses of any nature whatsoever. The granting of similar rights to
Commented [KL1]: Amount TBD
Contract Number: BF-20512300
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others, subsequent to the date of this Agreement, will not impair or interfere with the
rights granted to Agency herein.
Upon receiving the payment from Agency described in the subsequent sentence and
provided Agency is in compliance with the terms and conditions of this Agreement,
BNSF will grant to Agency, its successors and assigns, an easement (hereinafter
called, the “Easement”) to enter upon and use that portion of BNSF’s right -of-way as
is necessary to use and maintain the Structure, substantially in the form of Exhibit B
attached to this Agreement. Agency must pay BNSF the sum of [_______________]
and No/100 Dollars ($[________]) as compensation for the Easement within thirty
(30) days of issuing a Notice to Proceed pursuant to Article III, Section 1 7 of this
Agreement. If Agency fails to pay BNSF within the thirty-day time period set forth in
the preceding sentence, BNSF may stop construction of the Project until full payment
is received by BNSF.
2) BNSF will furnish all labor, materials, tools, and equipment for railroad work required
for the construction of the Project, such railroad work and the estimated cost thereof
being as shown on Exhibit D attached hereto and made a part hereof. In the event
construction on the Project has not commenced within six (6) months following the
Effective Date, BNSF may, in its sole and absolute discretion, revise the cost
estimates set forth in said Exhibit D. In such event, the revised cost estimates will
become a part of this Agreement as though originally set forth herein. Any item of
work incidental to the items listed on Exhibit D not specifically mentioned therein may
be included as a part of this Agreemen t upon written approval of Agency, which
approval will not be unreasonably withheld. Construction of the Project must include
the following railroad work by BNSF:
A. Procurement of materials, equipment and supplies necessary for the railroad work;
B. Preliminary engineering, design, and contract preparation;
C. Furnishing flagging services as required and set forth in further detail on Exhibit C;
D. Engineering and inspection as required in connection with the construction of the
Project;
E. Removal of the existing culvert;
F. Construction of Bridge 5.9;
Commented [KL2]: Amount TBD
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G. Providing a contract project coordinator, at Agency’s expense, to serve as a project
manager for the Project;
H. Construction and removal of Shoofly tracks for [_____________] main tracks
including the lining over and lining back of portions of the existing main tracks;
I.H. Removal and replacement of approximately 200 feet of each main track and
storage tracks though Bridge 5.9
3) BNSF will do all railroad work set forth in Article II, Section 2 above on an actual cost
basis, when BNSF, in its sole discretion, determines it is required by its labor
agreements to perform such work with its own employees working under applicable
collective bargaining agreements.
4) Agency agrees to reimburse BNSF for work of an emergency nature caused by
Agency or Agency’s contractor in connection with the Project which BNSF deems is
reasonably necessary for the immediate restoration of railroad operations, or for the
protection of persons or BNSF property. Such work may be performed by BNSF
without prior approval of Agency and Agency agrees to fully reimburse BNSF for all
such emergency work.
5) BNSF may charge Agency for insurance expenses, including self -insurance expenses
when such expenses cover the cost of Employer's Liability (including, without
limitation, liability under the Federal Employer's Liability Act) in connection with the
construction of the Project. Such charges will be considered part of the actual cost of
the Project, regardless of the nature or amount of ultimate liability for injury, loss or
death to BNSF's employees, if any.
6) During the construction of the Project, BNSF will send Agency progressive invoices
detailing the costs of the railroad work performed by BNSF under this Agreement.
Agency must reimburse BNSF for completed force-account work within thirty (30) days
of the date of the invoice for such work. Upon completion of the Project, BNSF will
send Agency a detailed invoice of final costs, segregated as to labor and materials for
each item in the recapitulation shown on Exhibit D. Pursuant to this section and Article
IV, Section 7 herein, Agency must pay the final invoice within ninety (90) days of the
date of the final invoice. BNSF will assess a finance charge of .033% per day (12%
per annum) on any unpaid sums or other charges due under this Agreement which
are past its credit terms. The finance charge continues to accrue daily until the date
payment is received by BNSF, not the date payment is made or the date postmarked
on the payment. Finance charges will be assessed on delinquent sums and other
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charges as of the end of the month and will be reduced by amounts in dispute and
any unposted payments received by the month’s end. Finance charges will be noted
on invoices sent to Agency under this section.
ARTICLE III – AGENCY OBLIGATIONS
In consideration of the covenants of BNSF set forth herein and the faithful performance
thereof, Agency agrees as follows:
1) Agency must furnish to BNSF plans and specifications for the Project. Four sets of
said plans (reduced size 11” x 17”), together with two copies of calculations, and two
copies of specifications in English Units, must be submitted to BNSF for approval
prior to commencement of any construction. BNSF will give Agency final written
approval of the plans and specifications substantially in the form of Exhibit E, attached
to this Agreement and made a part hereof. Upon BNSF’s final written approval of the
plans and specifications, said plans and specifications will become part of this
Agreement and are hereby incorporated herein. Any approval of the plans and
specifications by BNSF shall in no way obligate BNSF in any manner with respect to
the finished product design and/or construction. Any approval by BNSF shall mean
only that the plans and specifications meet the subjective standards of BNSF, and
such approval by BNSF shall not be deemed to mean that the plans and specifications
or construction is structurally sound and appropriate or that such plans and
specifications meet applicable regulations, laws, statutes or local ordinances and/or
building codes.
2) Agency must make any required application and obtain all required permits and
approvals for the construction of the Project.
3) Agency must provide for and maintain minimum vertical and horizontal clearances, as
required and approved by BNSF as part of the plans and specifications for the Project.
4) Agency must acquire all rights of way necessary for the construction of the Project.
5) Agency must make any and all arrangements for the installation or relocation of wire
lines, pipe lines and other facilities owned by private persons, companies,
corporations, political subdivisions or public utilities other than BNSF which may be
necessary for the construction of the Project.
6) Agency must construct the Project as shown on the attached Exhibit A and do all work
(“Agency’s Work”) provided for in the plans and specifications for the Project, except
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railroad work that will be performed by BNSF hereunder. Agency must furnish all
labor, materials, tools and equipment for the performance of Agency’s Work. The
principal elements of Agency’s Work are as follows:
A. Construction of the Structure;
B. Removal of BNSF maintenance buildings, foundations and concrete aprons;
C.A. All necessary grading and paving, including backfill of excavations and
restoration of disturbed vegetation on BNSF’s right -of-way;
D. Placement of 12 inches of sub ballast and the initial six inches of crushed rock
ballast on all track roadbeds for the shooflys and for the permanent replacement
of the main tracks and storage tracks;
E. Placement of a waterproof membrane on the deck of the Structure, and after the
placement of such waterproofing membrane, placement of a layer of crushed rock
ballast (not to exceed six (6) inches in thickness) on the deck of the Structure;
F.B. Provide suitable drainage, both temporary and permanent;
G.C. Installation of a gate in the fence along the [_____________] boundary of
BNSF's right of way in order to provide BNSF with permanent access for
maintenance purposes;
H. Temporary Installation of K-Rail (Jersey) barriers and chain link fencing along
[_____________] Avenue between the tracks and the traveled roadways;
I. Temporary Installation of a chain link fence barrier separating construction of the
Structure from the [_____________] shoofly track;
J. Construction and removal of a temporary pedestrian roadway detour crossing of
the tracks, including chain link fence chute;
K.D. Provide appropriate pedestrian control during construction;
L. Design and construction of a permanent paved roadway across the Structure along
the [_____________] track to be used for access to BNSF property located
[_____________] of [_____________] Avenue;
Commented [KL3]: Need confirmation on delegation of tasks
Contract Number: BF-20512300
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M.E. Installation and maintenance of an 8-ft. high fence and/or concrete
combination (throw fence) on the outside barrier of the Structure;
N.F. Job site cleanup including removal of all construction materials, concrete
debris, surplus soil, refuse, contaminated soils, asphalt debris, litter and other
waste materials to the satisfaction of BNSF;
O. [_____________] [add additional items as necessary]
7) Agency must apply and maintain said D.O.T. Crossing number [_____________] in a
conspicuous location on the Structure.
8)7) Agency’s Work must be performed by Agency or Agency's contractor in a manner
that will not endanger or interfere with the safe and timely operations of BNSF and its
facilities.
9)8) For any future inspection or maintenance, either routine or otherwise, performed
by subcontractors on behalf of the Agency, Agency shall require the subcontractors
to execute the C documents. Prior to performing any future maintenance with its own
personnel, Agency shall: comply with all of BNSF’s applicable safety rules and
regulations; require any Agency employee performing maintenance to complete the
safety training program at the BNSF’s Internet Website “contractororientation.com”;
notify BNSF when, pursuant to the requirements of exhibit C, a flagger is required to
be present; procure, and have approved by BNSF’s Risk Management Department,
Railroad Protective Liability insurance.
10)9) In order to prevent damage to BNSF trains and property, Agency must require its
contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to
requesting a BNSF flagman in accordance with the requirements of Exhibit C attached
hereto. Additionally, Agency must require its contractor(s) to notify BNSF’s Manager
of Public Projects thirty (30) calendar days prior to commencing work on BNSF
property or near BNSF tracks.
11)10) Agency or its contractor(s) must submit four (4) copies of any plans
(including two sets of calculations in English Units) for proposed shoring or cribbing
to be used over, under, or adjacent to BNSF's tracks to BNSF's Manager of Public
Projects for approval. The shoring or cribbing used by Agency’s contractor shall
comply with BNSF Bridge Requirements set forth on Exhibit F attached to this
Agreement and incorporated herein. Additionally, the shoring and cribbing must
comply with all applicable requirements promulgated by state and federal agencies,
departments, commissions and other legislative bodies.
Contract Number: BF-20512300
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12)11) Agency must include the following provisions in any contract with its
contractor(s) performing work on said Project:
A. The Contractor is placed on notice that fiber optic, communication and other cable
lines and systems (collectively, the “Lines”) owned by various telecommunications
companies may be buried on BNSF’s property or right -of-way. The locations of
these Lines have been included on the plans based on information from the
telecommunications companies. The contractor will be responsible for contacting
BNSF’s Engineering Representative Chequita Grant, BNSF’s Signal
Representative and the telecommunications companies and notifying them of any
work that may damage these Lines or facilities and/or interfere with their service.
The contractor must also mark all Lines shown on the plans or marked in the field
in order to verify their locations. The contractor must als o use all reasonable
methods when working in the BNSF right-of-way or on BNSF property to determine
if any other Lines (fiber optic, cable, communication or otherwise) may exist.
B. The Contractor will be responsible for the rearrangement of any facilities or Lines
determined to interfere with the construction. The Contractor must cooperate fully
with any telecommunications company(ies) in performing such rearrangements.
C. Failure to mark or identify these Lines will be sufficient cause for BNSF’s
engineering representative Chequita Grant to stop construction at no cost to the
Agency or BNSF until these items are completed.
D. In addition to the liability terms contained elsewhere in this Agreement, the
contractor hereby indemnifies, defends and holds harmless BNSF for, from and
against all cost, liability, and expense whatsoever (including, without limitation,
attorney’s fees and court costs and expenses) arising out of or in any way contributed
to by any act or omission of Contractor, its subcontractors, agents and/or employees
that cause or in any way or degree contribute to (1) any damage to or destruction of
any Lines by Contractor, and/or its subcontractors, agents and/or employees, on
BNSF’s property or within BNSF’s right-of-way, (2) any injury to or death of any person
employed by or on behalf of any telecommunications company, and/or its contractor,
agents and/or employees, on BNSF’s property or within BNSF’s right -of-way, and/or
(3) any claim or cause of action for alleged loss of profits or revenue by, or loss of
service by a customer or user of such telecommunication com pany(ies). THE
LIABILITY ASSUMED BY CONTRACTOR WILL APPLY ONLY TO THE EXTENT
OF THE NEGLIGENCE OF CONTRACTOR, ITS AGENTS OR EMPLOYEES, AND
WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE,
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DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS
OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS
AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT
THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL
MISCONDUCT OR SOLE NEGLIGENCE OF BNSF.
It is mutually negotiated between the parties that the indemnification
obligation shall include all claims brought by Contractor’s employees against
BNSF, its agents, servants, employees or otherwise, and Contractor expressly
waives its immunity under the industrial insurance act (RCW Title 51) and
assumes potential liability for all actions brought by its employees.
13) Agency must require compliance with the obligations set forth in this agreement,
including Exhibit C and Exhibit C-1, and incorporate in each prime contract for
construction of the Project, or the specifications therefor (i) the provisions set forth in
Article III; (ii) the provisions set forth in Article IV; and (iii) the provisions set forth in
Exhibit C and Exhibit C-1, attached hereto and by reference made a part hereof.
14) Except as otherwise provided below in this Section 1 4, all construction work
performed hereunder by Agency for the Project will be pursuant to a contract or
contracts to be let by Agency, and all such contracts must include the following:
A. All work performed under such contract or contracts within the limits of BNSF's
right-of-way must be performed in a good and workmanlike manner in accordance
with plans and specifications approved by BNSF;
B. Changes or modifications during construction that affect safety or BNSF operations
will be subject to BNSF's approval;
C. No work will be commenced within BNSF's right-of-way until each of the prime
contractors employed in connection with said work must have (i) executed and
delivered to BNSF a letter agreement in the form of Exhibit C-1 , and (ii) delivered
to and secured BNSF's approval of the required insurance; and
D. To facilitate scheduling for the Project, Agency shall have its contractor give
BNSF’s representative Chequita Grant four weeks advance notice of the proposed
times and dates for work windows. BNSF and Agency’s contractor will establish
mutually agreeable work windows for the Project. BNSF has the right at any time
to revise or change the work windows, due to train operati ons or service
obligations. BNSF will not be responsible for any additional costs and expenses
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resulting from a change in work windows. Additional costs and expenses resulting
from a change in work windows shall be accounted for in the contractor’s expenses
for the Project.
E. The plans and specifications for the Project must be in compliance with the Bridge
Requirements set forth on Exhibit F.
15) Agency must advise the appropriate BNSF Manager of Public Projects, in writing,
of the completion date of the Project within thirty (30) days after such completion date.
Additionally, Agency must notify BNSF's Manager of Public Projects, in writing, of th e
date on which Agency and/or its Contractor will meet with BNSF for the purpose of
making final inspection of the Project.
16) TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF
WASHINGTON, AGENCY HEREBY RELEASES, INDEMNIFIES, DEFENDS AND
HOLDS HARMLESS BNSF, ITS AFFILIATED COMPANIES, PARTNERS,
SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND
AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS,
DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS,
JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT
COSTS AND ATTORNEYS’ FEES) OF ANY NATURE, KIND OR DESCRIPTION OF
ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE
PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF,
RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART) (I) THE USE,
OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS,
SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE
CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY
THE AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR
AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE
SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF AGENCY, ITS
CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR
ABOUT THE CONSTRUCTION SITE, (IV) AGENCY’S BREACH OF THE
TEMPORARY CONSTRUCTION LICENSE OR EASEMENT GRANTED TO
AGENCY PURSUANT TO ARTICLE II OF THIS AGREEMENT, (V) ANY RIGHTS
OR INTERESTS GRANTED TO AGENCY PURSUANT TO THE TEMPORARY
CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE II OF THIS
AGREEMENT, (VI) AGENCY’S OCCUPATION AND USE OF BNSF’S PROPERTY
OR RIGHT-OF-WAY, INCLUDING, WITHOUT LIMITATION, SUBSEQUENT
MAINTENANCE OF THE STRUCTURE BY AGENCY, OR (VII) AN ACT OR
OMISSION OF AGENCY OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES
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OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY
ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER.
THE LIABILITY ASSUMED BY AGENCY WILL APPLY ONLY TO THE EXTENT OF
THE NEGLIGENCE OF AGENCY, ITS AGENTS OR EMPLOYEES, AND THIS WILL
NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE,
DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED
TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR
OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE
PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE
NEGLIGENCE OF BNSF.
It is mutually negotiated between the parties that the indemnification obligation
shall include all claims brought by Agency’s employees against BNSF, its
agents, servants, employees or otherwise, and Agency expressly waives its
immunity under the industrial insurance act (RCW Title 51) and assumes
potential liability for all actions brought by its employees.
17) Agency must give BNSF’s Manager of Public Projects written notice to proceed
with the railroad work after receipt of necessary funds for the Project. BNSF will not
begin the railroad work (including, without limitation, procurement of supplies,
equipment or materials) until written notice to proceed is received from Agency.
ARTICLE IV – JOINT OBLIGATIONS
IN CONSIDERATION of the premises, the parties hereto mutually agree to the following:
1) All work contemplated in this Agreement must be performed in a good and
workmanlike manner and each portion must be promptly commenced by the party
obligated hereunder to perform the same and thereafter diligently prosecuted to
conclusion in its logical order and sequence. Furthermore, any changes or
modifications during construction which affect BNSF will be subject to BNSF's
approval prior to the commencement of any such changes or modifications.
2) The work hereunder must be done in accordance with the Bridge Requirements set
forth on Exhibit F and the detailed plans and specifications approved by BNSF.
3) Agency must require its contractor(s) to reasonably adhere to the Project's
construction schedule for all Project work. The parties hereto mutually agree that
BNSF's failure to complete the railroad work in accordance with the construction
schedule due to inclement weather or unforeseen railroad emergencies will not
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constitute a breach of this Agreement by BNSF and will not subject BNSF to any
liability. Regardless of the requirements of the construction schedule, BNSF reserves
the right to reallocate the labor forces assigned to complete the railroad work in the
event of an emergency to provide for the immediate restoration of railroad operations
(BNSF or its related railroads) or to protect persons or property on or near any BNSF
owned property. BNSF will not be liable for any additional costs or expenses resulting
from any such reallocation of its labor forces. The parties mutually agree that any
reallocation of labor forces by BNSF pursuant to this provision and any direct or
indirect consequences or costs resulting from any such reallocation will not constitute
a breach of this Agreement by BNSF.
4) BNSF will have the right to stop construction work on the Project if any of the following
events take place: (i) Agency (or any of its contractors) performs the Project work in a
manner contrary to the plans and specifications approved by BNSF; (ii) Agency (or
any of its contractors), in BNSF’s opinion, prosecutes the Project work in a manner
which is hazardous to BNSF property, facilities or the safe and expeditious movement
of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled
during the course of the Project; or (iv) Agency fails to pay BNSF for the Temporary
Construction License or the Easement pursuant to Article II, Section 1 of this
Agreement. The work stoppage will continue until all necessary actions are taken by
Agency or its contractor to rectify the situation to the satisfaction of BNSF’s Division
Engineer or until additional insurance has been delivered to and accepted by BNSF.
In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License,
or (iii) the Easement, BNSF may immediately terminate the Temporary Construction
License or the Easement. Any such work stoppage under this provision will not give
rise to any liability on the part of BNSF. BNSF’s right to stop the work is in ad dition to
any other rights BNSF may have including, but not limited to, actions or suits for
damages or lost profits. In the event that BNSF desires to stop construction work on
the Project, BNSF agrees to immediately notify the following individual in wr iting:
_______________________
_______________________
_______________________
_______________________
5) Agency must supervise and inspect the operations of all Agency contractors to assure
compliance with the plans and specifications approved by BNSF, the terms of this
Agreement and all safety requirements of the BNSF railroad. If BNSF determines that
proper supervision and inspection is not being performed by Agency personnel at any
time during construction of the Project, BNSF has the right to stop construction (within
or adjacent to its operating right-of-way). Construction of the Project will not proceed
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until Agency corrects the situation to BNSF’s reasonable satisfaction. If BNSF feels
the situation is not being corrected in an expeditious manner, BNSF will immediately
notify [_____________] for appropriate corrective action.
6) Pursuant to this section and Article II, Section 6 herein, Agency must, “out of funds
made available to it for the construction of the Project”, reimburse BNSF in full for the
actual costs of all work performed by BNSF under this Agreement, less BNSF’s Sha re
as set forth in Article IV, Section 6 herein. BNSF’s Share must be paid upon
completion of the Project.
7) All expenses detailed in statements sent to Agency pursuant to Article II, Section 6
herein will comply with the terms and provisions of the Federal Aid Highway Program
Manual, U.S. Department of Transportation, as amended from time to time, which
manual is hereby incorporated into and made a part of this Agreement by reference.
The parties mutually agree that BNSF’s preliminary engineering, design, and contract
preparation costs described in Article II, Section 2 herein are part of the costs of the
Project even though such work may have preceded the date of this Agreement.
8) The parties mutually agree that no construction activities for the Project, nor future
maintenance of the Structure once completed, will be permitted during the fourth
quarter of each calendar year. Emergency work will be permitted only upon prior
notification to BNSF’s Network Operations Center (telephone number: 800-832-5452).
The parties hereto mutually understand and agree that trains cannot be subjected to
delay during this time period.
9) Subject to the restrictions imposed by Article IV, Section 9 above, the construction of
the Project will not commence until Agency gives BNSF’s Manager of Public Projects
thirty (30) days prior written notice of such commencement. The commencement
notice will reference BNSF’s file number BF-20512300 and D.O.T. Crossing No.
[_____________] and must state the time that construction activities will begin.
10) In addition to the terms and conditions set forth elsewhere in this Agreement,
including, but not limited to, the terms and conditions stated in Exhibit F, BNSF and
Agency agree to the following terms upon completion of construction of the Project:
A. BNSF will, at its sole cost and expense, accept, own, and maintain its roadbed,
track, any access gates installed pursuant to the Project, railroad drainage, and all
other railroad facilities.
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B. Agency will own and maintain, at its sole cost and expense, the Structure , the
highway approaches, and appurtenances thereto, lighting, drainage and any
access roadways to BNSF gates installed pursuant to this Agreement. BNSF may,
at its option, perform maintenance on the Structure in order to avoid conflicts with
train operations. BNSF will notify Agency prior to performing any such
maintenance on the Structure. In the event such maintenance involves emergency
repairs, BNSF will notify Agency at its earliest opportunity. Agency must fully
reimburse BNSF for the costs of maintenance performed by BNSF pursuant to this
subsection (b).
C. Agency must, at Agency’s sole cost and expense, keep the Structure painted and
free from graffiti.
D. Agency must apply and maintain vertical clearance signs which consistently and
accurately describe the minimum actual vertical clearance from the bottom of the
Structure to the top of any pavement.
E. Agency agrees to reimburse BNSF for the cost of track surfacing due to settlement
caused by the construction of the Structure for a period not to exceed two (2) years
from the date of final inspection pursuant to Article III, Section 1 5.
F. Agency must provide BNSF with any and all necessary permits and maintain
roadway traffic controls, at no cost to BNSF, whenever requested by BNSF to allow
BNSF to inspect the Structure or to make emergency repairs thereto.
G. It is expressly understood by Agency and BNSF that any right to install utilities will
be governed by a separate permit or license agreement between the parties
hereto.
H. Agency must keep the Structure and surrounding areas clean and free from birds,
pigeons, scavengers, vermin, creatures and other animals.
I. If Agency (including its contractors and agents) or BNSF, on behalf of Agency,
performs (i) alterations or modifications to the Structure, or (ii) any maintenance or
other work on the Structure with heavy tools, equipment or machinery at ground
surface level horizontally within 25’-0” of the centerline of the nearest track, or (iii)
any maintenance or other work to the superstructure of the Structure, then Agency
or its contractors and/or agents must procure and maintain the following insurance
coverage:
Commented [KL6]: Conversation regarding maintenance
responsibility needs to take place
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i) Railroad Protective Liability insurance naming only the Railroad as the
Insured with coverage of at least $2,000,000 per occurrence and $6,000,000
in the aggregate. The policy must be issued on a standard ISO form CG 00
35 10 93 and include the following:
(1) Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28
31 10 93)
(2) Endorsed to include the Limited Seepage and Pollution Endorsement.
(3) Endorsed to remove any exclusion for punitive damages.
(4) No other endorsements restricting coverage may be added.
(5) The original policy must be provided to the Railroad prior to performing any
work or services under this Agreement
As used in this paragraph, “Railroad” means “Burlington Northern Santa Fe
Corporation”, “BNSF RAILWAY COMPANY” and the subsidiaries, successors,
assigns and affiliates of each.
In lieu of providing a Railroad Protective Liability Policy, Agency may participate in
BNSF’s Blanket Railroad Protective Liability Insurance Policy if available to
Agency or its contractors. The limits of coverage are the same as above.
11) Agency hereby grants to BNSF, at no cost or expense to BNSF, a permanent right
of access from Agency property to BNSF tracks for maintenance purposes.
12) Agency must provide one set of as built plans (prepared in English Units) to
BNSF, as well as one set of computer diskettes containing as built CAD drawings of
the Structure and identifying the software used for the CAD drawings. The “as built
plans” must comply with the Bridge Requirements set forth on Exhibit F and depict all
information in BNSF engineering stationing and mile post pluses. The “as built plans”
must also include plan and profile, structural bridge drawings and specifications, and
drainage plans. All improvements and facilities must be shown.
13) Subject to the restrictions imposed by Article IV, Section 9 above, Agency must
notify and obtain prior authorization from BNSF’s Manager of Public Projects before
entering BNSF’s right-of-way for Inspection or Maintenance purposes, and the
BNSF Manager of Public Projects will determine if flagging is required . If the
construction work hereunder is contracted, Agency must require its prime
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contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C-1, as
the same may be revised from time to time. Agency will be responsible for its
contractor(s) compliance with such obligations.
14) BNSF may, at its expense, make future changes or additions to the railroad
components of the Structure if necessary or desirable, in BNSF’s sole discretion,
including, without limitation the following: (i) the right to raise or lower the grade or
change the alignment of its tracks, (ii) the right to lay additional track or tracks, or (iii)
the right to build other facilities in connection with the operation of its railroad. Such
changes or additions must not change or alter the highway components of the
Structure. If it becomes necessary or desirable in the future to change, alter, widen or
reconstruct the highway components of the Structure to accommodate railroad
projects, the cost of such work, including any cost incidental to alteration of railroad or
highway facilities made necessary by any such changes to the Structure, will be
divided between BNSF and Agency in such shares as may be mutually agreed to by
the parties hereto.
15) Agency may, at Agency’s sole expense, alter or reconstruct the highway
components of the Structure if necessary or desirable, due to traffic conditions or
pedestrian or other recreational traffic; provided, however, that any such alteration or
reconstruction must not encroach further upon or occupy the surface of BNSF’s right -
of-way to a greater extent than is contemplated by the plans and specifications to be
approved by BNSF pursuant to Article III, Section 1 herein, without obtaining BNSF’s
prior written consent and the execution of a supplement to this Agreement or the
completion of a separate agreement.
16) Any books, papers, records and accounts of the parties hereto relating to the work
hereunder or the costs or expenses for labor and material connected with the
construction will at all reasonable times be open to inspection and audit by the agents
and authorized representatives of the parties hereto, as well as the State of
Washington and the Federal Highway Administration, for a period of one (3) year from
the date of final BNSF invoice under this Agreement
17) The covenants and provisions of this Agreement are binding upon and inure to the
benefit of the successors and assigns of the parties hereto. Notwithstanding the
preceding sentence, neither party hereto may assign any of its rights or obligations
hereunder without the prior written consent of the other party.
18) In the event construction of the Project does not commence within two years of the
Effective Date, this Agreement will become null and void.
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19) Neither termination nor expiration of this Agreement will release either party from
any liability or obligation under this Agreement, whether of indemnity or otherwise,
resulting from any acts, omissions or events happening prior to the date of termination
or expiration.
20) To the maximum extent possible, each provision of this Agreement will be
interpreted in such a manner as to be effective and valid under applicable law. If any
provision of this Agreement is prohibited by, or held to be invalid under, applicable
law, such provision will be ineffective solely to the extent of such prohibition or
invalidity and the remainder of the provision will be enforceable.
21) This Agreement (including exhibits and other documents, manuals, etc.
incorporated herein) is the full and complete agreement between BNSF and Agency
with respect to the subject matter herein and supersedes any and all other prior
agreements between the parties hereto.
22) Any notice provided for herein or concerning this Agreement must be in writing and
will be deemed sufficiently given when sent by certified mail, return receipt requested,
to the parties at the following addresses:
SIGNATURE PAGE FOLLOWS
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BNSF RAILWAY COMPANY BNSF’s Manager of Public Projects
Signature: Signature:
Agency:
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and attested by its duly qualified and authorized officials as of the day and year first above
written.
BNSF RAILWAY COMPANY
Signature:
Printed Name:
Title:
Date:
WITNESS:
AGENCY
CITY [COUNTY] OF _______________
Signature:
Printed Name:
Title:
Date:
WITNESS:
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Exhibit A
[Insert cross-hatched drawing of the Temporary Construction License and Structure]
[BARTLETT AND WEST TO PREPARE EXHIBIT A]
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EASEMENT AGREEMENT
FOR _____________________________
(C&M Agreement)
THIS EASEMENT AGREEMENT FOR _________________ ("Easement Agreement") is
made and entered into as of the _______ day of _____________________ 20__ ("Effective
Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), and
__________________________, a _______________________ ("Grantee").
A. Grantor owns or controls certain real property situated at or near the vicinity of
_______________________, County of _____________, State of _________, at Mile Post
__________, [Project # ___________], as described or depicted on Exhibit "A" attached hereto
and made a part hereof (the "Premises").
B. Grantor and Grantee have entered into that certain Construction and Maintenance
Agreement dated as of ______________________________________ concerning
improvements on or near the Premises (the “C&M Agreement”).
C. Grantee has requested that Grantor grant to Grantee an easement over the
Premises for the Easement Purpose (as defined below).
D. Grantor has agreed to grant Grantee such easement, subject to the terms and
conditions set forth in this Easement and in the C&M Agreement incorporated herein as if fully set
forth in this instrument which terms shall be in full force and effect for purposes of this Easement
even if the C&M Agreement is, for whatever reason, no longer in effect.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are
incorporated herein, the mutual promises contained herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree
as follows:
Section 1 Granting of Easement.
1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes set forth in the C&M
Agreement. Any improvements to be constructed in connection with the Easement Purpose are
referred to herein as "Improvements" and shall be constructed, located, configured and
maintained by Grantee in strict accordance with the terms of this Easement Agreement and the
C&M Agreement.
1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement ("Easement") over the
Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to
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any and all restrictions, covenants, easements, licenses, permits, leases and other encumbrances
of whatsoever nature whether or not of record, if any, relating to the Premises and subject to all
with all applicable federal, state and local laws, regulations, ordinances, restrictions, covenants and
court or administrative decisions and orders, including Environmental Laws (defined below) and
zoning laws (collectively, "Laws"). Grantee may not make any alterations or improvements or
perform any maintenance or repair activities within the Premises except in accordance with the
terms and conditions of the C&M Agreement.
1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised
by Grantor and any other parties who may obtain written permission or authority from Grantor:
(a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any
existing pipe, power, communication, cable, or utility lines and appurtenances and other facilities or
structures of like character (collectively, "Lines") upon, over, under or across the Premises;
(b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any
tracks or additional facilities or structures upon, over, under or across the Premises; and
(c) to use the Premises in any manner as the Grantor in its sole discretion deems appropriate, provided
Grantor uses all commercially reasonable efforts to avoid material interference with the use of the
Premises by Grantee for the Easement Purpose.
Section 2 Term of Easement. The term of the Easement, unless sooner terminated under
provisions of this Easement Agreement, shall be perpetual. [*If this is a temporary easement,
replace the preceding sentence with the following: The term of this Easement, unless sooner
terminated under provisions of this Easement Agreement, shall expire on the date that is
___________________________________ after the Effective Date.]
Section 3 No Warranty of Any Conditions of the Premises. Grantee acknowledges that
Grantor has made no representation whatsoever to Grantee concerning the state or condition of
the Premises, or any personal property located thereon, or the nature or extent of Grantor's
ownership interest in the Premises. Grantee has not relied on any statement or declaration of
Grantor, oral or in writing, as an inducement to entering into this Easement Agreement, other than
as set forth herein. GRANTOR HEREBY DISCLAIMS ANY REPRESENTATION OR
WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF
ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE
MATERIAL OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY
SUCH PROPERTY TO ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO
GRANTEE OR ANY OF GRANTEE'S CONTRACTORS FOR ANY DAMAGES RELATING TO
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THE DESIGN, CONDITION, QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE
PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES.
GRANTEE ACCEPTS ALL RIGHTS GRANTED
UNDER THIS EASEMENT AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS" AND
"WITH ALL FAULTS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S
RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected or will inspect
the Premises, and enters upon Grantor's rail corridor and property with knowledge of its physical
condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee
acknowledges that this Easement Agreement does not contain any implied warranties that
Grantee or Grantee's Contractors (as hereinafter defined) can successfully construct or operate
the Improvements.
Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT
ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE
PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS
MADE. In case of the eviction of Grantee by anyone owning or claiming title to or any interest in
the Premises, or by the abandonment by Grantor of the affected rail corridor, Grantor shall not be
liable to refund Grantee any compensation paid hereunder.
Section 5 Improvements. Grantee shall take, in a timely manner, all actions necessary and proper
to the lawful establishment, construction, operation, and maintenance of the Improvements, including such
actions as may be necessary to obtain any required permits, approvals or auth orizations from applicable
governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the
construction, maintenance, or future alteration of the Improvements shall be made and maintained in such
manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises
of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing
drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such
culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also
wherever necessary, construct extensions of existing drains, culverts or ditches through or alon g the
premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present
flowage of drainage or other waters, and of materials and workmanship equally as good as those now
existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee
will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other
Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments
necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements
notifying them of any work that may damage these Other Improvements and/or interfere with their service
and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must mark
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all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in
order to verify their locations. Grantee must also use all reasonable methods when working on or near
Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise)
may exist. The Grantee agrees to keep the above-described premises free and clear from combustible
materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and
vegetation on said premises, said work of cutting and removal to be done at such times and with such
frequency as to comply with Grantee and local laws and regulations and abate any and all hazard of fire.
Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other
charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi-
governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable
to the Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the
amount prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all
fees incidental to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so,
if Grantor shall become obligated to do so, Grantee shall be liable for all costs, expenses and judgments
to or against Grantor, including all of Grantor's legal fees and expenses.
Section 7 Environmental.
7.1 Compliance with Environmental Laws. Grantee shall strictly comply with all federal,
state and local environmental Laws in its use of the Premises, including, but not limited to, the Resource
Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the
Hazardous Materials Transportation Act, the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) and the Toxic Substances Control Act (collectively referred to as the
"Environmental Laws"). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal"
facility, or "underground storage tank," as those terms are defined by Environmental Laws, on the
Premises. Grantee shall not handle, transport, release or suffer the release of "hazardous waste" or
"hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be
defined by any Environmental Laws.
7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource
Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises,
violation of Environmental Laws, or inspection or inquiry by governmental authorities c harged with
enforcing Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best
efforts to promptly respond to any release on or from the Premises. Grantee also shall give Grantor
immediate notice of all measures undertaken on behalf of Grantee to investigate, remediate, respond to
or otherwise cure such release or violation.
7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of
a release or violation of Environmental Laws which occurred or may occur during the term of this Easement
Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to tak e timely measures to
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investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises. If
during the construction or subsequent maintenance of the Improvements, soils or other materials
considered to be environmentally contaminated are exposed, Grantee will remove and safely dispose of
said contaminated soils. Determination of soils contamination and applicable disposal procedures thereof,
will be made only by an agency having the capacity and authority to make such a determination.
7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions
or activities upon the Premises known to Grantee which create a risk of harm to persons, property or the
environment and shall take whatever action is necessary to prevent injury to persons or property arising
out of such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve
Grantee of any obligation whatsoever imposed on it by this Easement Agreement. Grantee shall promptly
respond to Grantor's request for information regarding said conditions or activities.
7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor with proof satisfactory to
Grantor that Grantee is in compliance with this Section 7. Should Grantee not comply fully with the above-
stated obligations of this Section 7, notwithstanding anything contained in any other provision hereof,
Grantor may, at its option, terminate this Easement Agreement by serving five (5) days' notice of
termination upon Grantee. Upon termination, Grantee shall remove the Improvements and res tore the
Premises as provided in Section 9.
Section 8 Default and Termination.
8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's Contractors,
fails to properly perform its obligations under this Easement Agreement, Grantor, in its sole
discretion, may: (i) seek specific performance of the unperformed obligations, or (ii) at Grantee's
sole cost, may arrange for the performance of such work as Grantor deems necessary for the
safety of its rail operations, activities and property, or to avoid or remove any interference with the
activities or property of Grantor, or anyone or anything present on the rail corridor or property with
the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all costs of
work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure
to perform any obligations of Grantee or Grantee's Contractors shall not alter the liability allocation
set forth in this Easement Agreement.
8.2 Abandonment. Grantor may, at its option, terminate this Easement Agreement by
serving five (5) days' notice in writing upon Grantee if Grantee should abandon or cease to use
the Premises for the Easement Purpose. Any waiver by Grantor of any default or defaults shall
not constitute a waiver of the right to terminate this Easement Agreement for any subsequent
default or defaults, nor shall any such waiver in any way affect Grantor's ability to enforce any
section of this Easement Agreement.
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8.3 Effect of Termination or Expiration. Neither termination nor expiration will release
Grantee from any liability or obligation under this Easement, whether of indemnity or otherwise,
resulting from any acts, omissions or events happening prior to the date of termination or
expiration, or, if later, the date the Premises are restored as required by Section 9.
8.4 Non-exclusive Remedies. The remedies set forth in this Section 8 shall be in
addition to, and not in limitation of, any other remedies that Grantor may have under the C&M
Agreement, at law or in equity.
Section 9 Surrender of Premises.
9.1 Removal of Improvements and Restoration. Upon termination of this Easement
Agreement, whether by abandonment of the Easement or by the exercise of Grantor's termination
rights hereunder, Grantee shall, at its sole cost and expense, immediately perform the following:
(a) remove all or such portion of Grantee's Improvements and all
(b) appurtenances thereto from the Premises, as Grantor directs at
Grantor's sole discretion;
(c) repair and restore any damage to the Premises arising from, growing
out of, or connected with Grantee's use of the Premises;
(d) remedy any unsafe conditions on the Premises created or aggravated
by Grantee; and
(e) leave the Premises in the condition which existed as of the Effective
Date.
9.2 Limited License for Entry. If this Easement Agreement is terminated, Grantor may
direct Grantee to undertake one or more of the actions set forth above, at Grantee's sole cost, in
which case Grantee shall have a limited license to enter upon the Premises to the extent
necessary to undertake the actions directed by Grantor. The terms of this limited license include
all of Grantee's obligations under this Easement Agreement. Termination will not release Grantee
from any liability or obligation under this Easement Agreement, whether of indemnity or otherwise,
resulting from any acts, omissions or events happening prior to the date of termination, or, if later,
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the date when Grantee's Improvements are removed and the Premises are restored to the
condition that existed as of the Effective Date. If Grantee fails to surrender the Premises to
Grantor upon any termination of the Easement, all liabilities and obligations of Grantee hereunder
shall continue in effect until the Premises are surrendered.
Section 10 Liens. Grantee shall promptly pay and discharge any and all liens arising
out of any construction, alterations or repairs done, suffered or permitted to be done by Grantee
on the Premises or attributable to Taxes that are the responsibility of Grantee pursuant to Section
6. Grantor is hereby authorized to post any notices or take any other action upon or with respect
to the Premises that is or may be permitted by Law to prevent the attachment of any such liens to
any portion of the Premises; provided, however, that failure of Grantor to take any such action
shall not relieve Grantee of any obligation or liability under this Section 10 or any other section of
this Easement Agreement.
Section 11 Tax Exchange. Grantor may assign its rights (but not its obligations) under
this Easement Agreement to Goldfinch Exchange Company LLC, an exchange intermediary, in
order for Grantor to effect an exchange under Section 1031 of the Internal Revenue Code. In
such event, Grantor shall provide Grantee with a Notice of Assignment, attached as Exhibit C,
and Grantee shall execute an acknowledgement of receipt of such notice.
Section 12 Notices. Any notice required or permitted to be given hereunder by one
party to the other shall be delivered in the manner set forth in the C&M Agreement. Notices to
Grantor under this Easement shall be delivered to the following address: BNSF Railway
Company, Real Estate Department, 2500 Lou Menk Drive, Ft. Worth, TX 76131, Attn: Permits,
or such other address as Grantor may from time to time direct by notice to Grantee.
Section 13 Recordation. It is understood and agreed that this Easement Agreement
shall not be in recordable form and shall not be placed on public record and any such recording
shall be a breach of this Easement Agreement. Grantor and Grantee shall execute a
Memorandum of Easement in the form attached hereto as Exhibit "B" (the "Memorandum of
Easement") subject to changes required, if any, to conform such form to local recording
requirements. [*IF LEGAL DESCRIPTION IS NOT AVAILABLE USE THE FOLLOWING IN
PLACE OF THE PRIOR SENTENCE: As of the Effective Date, a legal description of the Premises
is not available. Grantee and Grantor shall work together in good faith to establish the legal
description for the Premises. Once Grantor and Grantee have approved the legal description,
Grantor and Grantee shall execute a Memorandum of Easement in the form attached hereto as
Exhibit "B" (the "Memorandum of Easement").] The Memorandum of Easement shall be
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recorded in the real estate records in the county where the Premises are located. If a
Memorandum of Easement is not executed by the parties and recorded as described above within
____ days of the Effective Date, Grantor shall have the right to terminate this Easement
Agreement upon notice to Grantee.
Section 14 Miscellaneous.
14.1 All questions concerning the interpretation or application of provisions of this
Easement Agreement shall be decided according to the substantive Laws of the State of [Texas]
without regard to conflicts of law provisions.
14.2 In the event that Grantee consists of two or more parties, all the covenants and
agreements of Grantee herein contained shall be the joint and several covenants and agreements
of such parties. This instrument and all of the terms, covenants and provisions hereof shall inure
to the benefit of and be binding upon each of the parties hereto and their respective legal
representatives, successors and assigns and shall run with and be binding upon the Premises.
14.3 If any action at law or in equity is necessary to enforce or interpret the terms of this
Easement Agreement, the prevailing party or parties shall be entitled to reasonable attorneys'
fees, costs and necessary disbursements in addition to any other relief to which such party or
parties may be entitled.
14.4 If any provision of this Easement Agreement is held to be illegal, invalid or
unenforceable under present or future Laws, such provision will be fully severable and this
Easement Agreement will be construed and enforced as if such illegal, invalid or unenforceable
provision is not a part hereof, and the remaining provisions hereof will remain in full force and
effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added
automatically as a part of this Easement Agreement a provision as similar in its terms to such
illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
14.5 This Easement Agreement and the C&M Agreement, which is incorporated herein, is the
full and complete agreement between Grantor and Grantee with respect to all matters relating to Grantee's
use of the Premises, and supersedes any and all other agreements between the parties hereto relating to
Grantee's use of the Premises as described herein. However, nothing herein is intended to terminate any
surviving obligation of Grantee or Grantee's obligation to defend and hold Grantor harmless in any prior
written agreement between the parties.
14.6 Time is of the essence for the performance of this Easement Agreement.
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Section 15. Administrative Fee. Grantee acknowledges that a material consideration for this
agreement, without which it would not be made, is the agreement between Grantee and Grantor, that the
Grantee shall pay upon return of this Easement Agreement signed by Grantee to Grantor's Broker a
processing fee in the amount of $___________ over and above the agreed upon acquisition price. Said
fee shall be made payable to BNSF Railway Company by a separate check.
Witness the execution of this Easement Agreement as of the date first set forth above.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware corporation
By:
Name:
Title:
GRANTEE:
_____________________________________,
a _____________________________________
By:
Name:
Title:
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EXHIBIT "A"
Premises
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EXHIBIT “B”
MEMORANDUM OF EASEMENT
THIS MEMORANDUM OF EASEMENT is hereby executed this ________ day
of_________________, 201_, by and between BNSF RAILWAY COMPANY, a Delaware
corporation ("Grantor"), whose address for purposes of this instrument is 2500 Lou Menk Drive,
Fort Worth, Texas 76131, and __________________________________________, a
____________________("Grantee"), whose address for purposes of this instrument is
_________________________________, which terms "Grantor" and "Grantee" shall include,
wherever the context permits or requires, singular or plural, and the heirs, legal representatives,
successors and assigns of the respective parties:
WITNESSETH:
WHEREAS, Grantor owns or controls certain real property situated in ________ County,
_________ as described on Exhibit "A" attached hereto and incorporated herein by reference
(the "Premises');
WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated
_____________________________, 201_ (the "Easement Agreement") which set forth, among
other things, the terms of an easement granted by Grantor to Grantee over and across the
Premises (the "Easement"); and
WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions of the
Easement Agreement of record.
For valuable consideration the receipt and sufficiency of which are hereby acknowledged,
Grantor does grant unto Grantee and Grantee does hereby accept from Grantor the Easement
over and across the Premises.
The term of the Easement, unless sooner terminated under provisions of the Easement
Agreement, shall be perpetual.
All the terms, conditions, provisions and covenants of the Easement Agreement are
incorporated herein by this reference for all purposes as though written out at length herein, and
both the Easement Agreement and this Memorandum of Easement shall be deemed to constitute
a single instrument or document. This Memorandum of Easement is not intended to amend,
Easement - Exhibit B Form 704CM; Rev. 03/23/2019
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modify, supplement, or supersede any of the provisions of the Easement Agreement and, to the
extent there may be any conflict or inconsistency between the Easement Agreement or this
Memorandum of Easement, the Easement Agreement shall control.
END OF PAGE – SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of Easement
to as of the date and year first above written.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware corporation
By:
Name:
Title:
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the ______ day of _________________, 20__,
by ______________________________ (name) as
___________________________________(title) of BNSF RAILWAY COMPANY, a Delaware
corporation.
Notary Public
My appointment expires:
(Seal)
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GRANTEE:
_____________________________,
_____________________________
By:
Name:
Title:
STATE OF _______________ §
§
COUNTY OF _____________ §
This instrument was acknowledged before me on the ______ day of
_______________________, 20__, by ___________________________________ (name) as
______________________________(title) of ___________________________________, a
________________________________________.
Notary Public
My appointment expires:
(Seal)
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EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1) General
A. The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to
as "Railway" where work is over or under on or adjacent to Railway property and/or
right-of-way, hereafter referred to as "Railway Property", during the construction of
_______________________________________________________________________
_______________________________________________________________________
______________________________________________________________________.
B. The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit “C-
1” Agreement, in the form attached hereto, obligating the Contractor to provide and
maintain in full force and effect the insurance called for under Section 3 of said Exhibit “C-
1”. Questions regarding procurement of the Railroad Protective Liability Insurance should
be directed to Rosa Martinez at Marsh, USA, 214-303-8519.
C. The Contractor must plan, schedule, and conduct all work activities so as not to interfere
with the movement of any trains on Railway Property.
D. The Contractor's right to enter Railway's Property is subject to the absolute right of Railway
to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway,
Contractor's activities create a hazard to Railway's Property, employees, and/or
operations. Railway will have the right to stop construction work on the Project if any of the
following events take place: (i) Contractor (or any of its subcontractors) performs the
Project work in a manner contrary to the plans and specifications approved by Railway; (ii)
Contractor (or any of its subcontractors), in Railway’s opinion, prosecutes the Project work
in a manner which is hazardous to Railway property, facilities or the safe and expeditious
movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is
canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the
Temporary Construction License or the Easement. The work stoppage will continue until
all necessary actions are taken by Contractor or its subcontractor to rectify the situation to
the satisfaction of Railway’s Division Engineer or until additional insurance has been
delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii)
the Temporary Construction License, or (iii) the Easement, Railway may immediately
terminate the Temporary Construction License or the Easement. Any such work stoppage
under this provision will not give rise to any liability on the part of Railway. Railway’s right
to stop the work is in addition to any other rights Railway may have including, but not limited
to, actions or suits for damages or lost profits. In the event that Railway desires to stop
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construction work on the Project, Railway agrees to immediately notify the following
individual in writing:
_______________________
_______________________
_______________________
_______________________
E. The Contractor is responsible for determining and complying with all Federal, State and
Local Governmental laws and regulations, including, but not limited to environmental laws
and regulations (including but not limited to the Resource Conservation and Recovery Act,
as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials
Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor
hereby indemnifies, defends and holds harmless Railway for, from and against all fines or
penalties imposed or assessed by Federal, State and Local Governmental Agencies
against the Railway which arise out of Contractor's work under this Agreement.
F. The Contractor must notify (Agency) at (_____)_________________ and Railway's
Manager Public Projects, telephone number (_____)_________________ at least thirty
(30) calendar days before commencing any work on Railway Property. Contractor’s
notification to Railway must refer to Railway's file ___________.
G. For any bridge demolition and/or falsework above any tracks or any excavations located
with any part of the excavations located within, whichever is greater, twenty-five (25) feet
of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal
to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both
measured perpendicular to center line of track, the Contractor must furnish the Railway five
sets of working drawings showing details of construction affecting Railway Property and
tracks. The working drawing must include the proposed method of installation and removal
of falsework, shoring or cribbing, not included in the contract plans and two sets of
structural calculations of any falsework, shoring or cribbing. For all excavation and shoring
submittal plans, the current “BNSF-UPRR Guidelines for Temporary Shoring” must be used
for determining the design loading conditions to be used in shoring design, and all
calculations and submittals must be in accordance with the current “BNSF-UPRR
Guidelines for Temporary Shoring”. All submittal drawings and calculations must be
stamped by a registered professional engineer licensed to practice in the state the project
is located. All calculations must take into consideration railway surcharge loading and must
be designed to meet American Railway Engineering and Maintenance-of-Way Association
(previously known as American Railway Engineering Association) Coopers E-80 live
loading standard. All drawings and calculations must be stamped by a registered
professional engineer licensed to practice in the state the project is located. The Contractor
must not begin work until notified by the Railway that plans have been approved. The
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Contractor will be required to use lifting devices such as, cranes and/or winches to place
or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved
of responsibility for results obtained by the implementation of said approved plans.
H. Subject to the movement of Railway's trains, Railway will cooperate with the Contractor
such that the work may be handled and performed in an efficient manner. The Contractor
will have no claim whatsoever for any type of damages or for extra or additional
compensation in the event his work is delayed by the Railway.
2) Contractor Safety Orientation
A. No employee of the Contractor, its subcontractors, agents or invitees may enter
Railway Property without first having completed Railway’s Engineering Contractor
Safety Orientation, found on the web site www.BNSFContractor.com. The Contractor
must ensure that each of its employees, subcontractors, agents or invitees
completes Railway’s Engineering Contractor Safety Orientation through internet
sessions before any work is performed on the Project. Additionally, the Contractor
must ensure that each and every one of its employees, subcontractors, agents or
invitees possesses a card certifying completion of the Railway Contractor Safety
Orientation before entering Railway Property. The Contractor is responsible for the
cost of the Railway Contractor Safety Orientation. The Contractor must renew the
Railway Contractor Safety Orientation annually. Further clarification can be found
on the web site or from the Railway’s Representative.
3) Railway Requirements
A. The Contractor must take protective measures as are necessary to keep railway facilities,
including track ballast, free of sand, debris, and other foreign objects and materials
resulting from his operations. Any damage to railway facilities resulting from Contractor's
operations will be repaired or replaced by Railway and the cost of such repairs or
replacement must be paid for by the Agency.
B. The Contractor must notify the Railway's Division Engineer ________________________
at (_____)_________________ and provide blasting plans to the Railway for review seven
(7) calendar days prior to conducting any blasting operations adjacent to or on Railway's
Property.
C. The Contractor must abide by the following temporary clearances during construction:
▪ 15’-0” Horizontally from centerline of nearest track
▪ 21’-6” Vertically above top of rail
▪ 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
▪ 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts
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▪ 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000
volts
▪ 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
D. Upon completion of construction, the following clearances shall be maintained: [Note to
Drafter: The vertical clearance should mirror the final negotiated design clearance]
▪ 25’ Horizontally from centerline of nearest track
▪ 23’ 6” Vertically above top of rail
E. Any infringement within State statutory clearances due to the Contractor's operations must
be submitted to the Railway and to the (Agency) and must not be undertaken until
approved in writing by the Railway, and until the (Agency) has obtained any necessary
authorization from the State Regulatory Authority for the infringement. No extra
compensation will be allowed in the event the Contractor's work is delayed pending Railway
approval, and/or the State Regulatory Authority's approval.
F. In the case of impaired vertical clearance above top of rail, Railway will have the option of
installing tell-tales or other protective devices Railway deems necessary for protection of
Railway operations. The cost of tell-tales or protective devices will be borne by the Agency.
G. The details of construction affecting the Railway's Property and tracks not included in the
contract plans must be submitted to the Railway by (Agency) for approval before work is
undertaken and this work must not be undertaken until approved by the Railway.
H. At other than public road crossings, the Contractor must not move any equipment or
materials across Railway's tracks until permission has been obtained from the Railway.
The Contractor must obtain a "Temporary Construction Crossing Agreement" from the
Railway prior to moving his equipment or materials across the Railways tracks. The
temporary crossing must be gated and locked at all times when not required for use by the
Contractor. The temporary crossing for use of the Contractor will be constructed and, at
the completion of the project, removed at the expense of the Contractor.
I. Discharge, release or spill on the Railway Property of any hazardous substances, oil,
petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited
and Contractor must immediately notify the Railway's Resource Operations Center at
1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity.
Contractor must not allow Railway Property to become a treatment, storage or transfer
facility as those terms are defined in the Resource Conservation and Recovery Act or any
state analogue.
J. The Contractor upon completion of the work covered by this contract, must promptly
remove from the Railway's Property all of Contractor's tools, equipment, implements and
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other materials, whether brought upon said property by said Contractor or any
Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause
Railway's Property to be left in a condition acceptable to the Railway's representative.
4) Contractor Roadway Worker on Track Safety Program and Safety Action Plan
A. Each Contractor that will perform work within 25 feet of the centerline of a track must
develop and implement a Roadway Worker Protection/On Track Safety Program and work
with Railway Project Representative to develop an on track safety strategy as described in
the guidelines listed in the on track safety portion of the Safety Orientation. This Program
must provide Roadway Worker protection/on track training for all employees of the
Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site
through job safety briefings. Additionally, each Contractor must develop and implement the
Safety Action Plan, as provided for on the web site www.BNSFContractor.com, which will
be made available to Railway prior to commencement of any work on Railway Property.
During the performance of work, the Contractor must audit its work activities. The
Contractor must designate an on-site Project Supervisor who will serve as the contact
person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits,
and Material Safety Datasheets (MSDS), at the job site.
[Note to Drafter: when appropriate insert e-RailSafe language as follows:
B. Contractor shall have a background investigation performed on all of its employees,
subcontractors and agents who will be performing any services for Railroad under this
Agreement which are determined by Railroad in its sole discretion a) to be on Railroad’s
property, or b) that require access to Railroad Critical Infrastructure, Railroad Critical
Information Systems, Railroad’s Employees, Hazardous Materials on Railroad’s property
or is being transported by or otherwise in the custody of Railroad, or Freight in Transit
involving Railroad.
i) The required background screening shall at a minimum meet the rail industry
background screening criteria defined by the e-RAILSAFE Program as outlined at
www.eRailsafe.com, in addition to any other applicable regulatory requirements.
ii) Contractor shall obtain written consent from all its employees, subcontractors or
agents screened in compliance with the e-RAILSAFE Program to participate in the
Program on their behalf and to release completed background information to
Railroad’s designee. Contractor shall be subject to periodic audit to ensure
compliance.
iii) Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its
employees, subcontractors or agents to perform services hereunder who are not first
approved under e-RAILSAFE Program standards. Railroad shall have the right to deny
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entry onto its premises or access as described in this section above to any of
Contractor's employees, subcontractors or agents who do not display the authorized
identification badge issued by a background screening service meeting the standards
set forth in the e-RAILSAFE Program, or who in Railroad's opinion, which may not be
unreasonable, may pose a threat to the safety or security of Railroad's operations,
assets or personnel.
iv) Contractors shall be responsible for ensuring that its employees, subcontractors and
agents are United States citizens or legally working in the United States under a lawful
and appropriate work VISA or other work authorization.
5) Railway Flagger Services
A. The Contractor must give Railway’s Roadmaster (telephone ________) a minimum of
thirty (30) calendar days advance notice when flagging services will be required so that the
Roadmaster can make appropriate arrangements (i.e., bulletin the flagger’s position). If
flagging services are scheduled in advance by the Contractor and it is subsequently
determined by the parties hereto that such services are no longer necessary, the
Contractor must give the Roadmaster five (5) working days advance notice so that
appropriate arrangements can be made to abolish the position pursuant to union
requirements.
B. Unless determined otherwise by Railway’s Project Representative, Railway flagger will be
required and furnished when Contractor’s work activities are located over, under and/or
within twenty-five (25) feet measured horizontally from centerline of the nearest track and
when cranes or similar equipment positioned beyond 25-feet from the track centerline
could foul the track in the event of tip over or other catastrophic occurrence, but not limited
thereto for the following conditions:
i) When, upon inspection by Railway’s Representative, other conditions warrant.
ii) When any excavation is performed below the bottom of tie elevation, if, in the opinion
of Railway's representative, track or other Railway facilities may be subject to
movement or settlement.
iii) When work in any way interferes with the safe operation of trains at timetable speeds.
iv) When any hazard is presented to Railway track, communications, signal, electrical, or
other facilities either due to persons, material, equipment or blasting in the vicinity.
v) Special permission must be obtained from the Railway before moving heavy or
cumbersome objects or equipment which might result in making the track impassable.
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C. Flagging services will be performed by qualified Railway flaggers.
i) Flagging crew generally consists of one employee. However, additional personnel may
be required to protect Railway Property and operations, if deemed necessary by the
Railways Representative.
ii) Each time a flagger is called, the minimum period for billing will be the eight (8) hour
basic day.
iii) The cost of flagger services provided by the Railway will be borne by (Agency). The
estimated cost for one (1) flagger is approximately between $800.00-$1,600.00 for an
eight (8) hour basic day with time and one-half or double time for overtime, rest days
and holidays. The estimated cost for each flagger includes vacation allowance, paid
holidays, Railway and unemployment insurance, public liability and property damage
insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio,
equipment, supervision and other costs incidental to performing flagging services.
Negotiations for Railway labor or collective bargaining agreements and rate changes
authorized by appropriate Federal authorities may increase actual or estimated
flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF
PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO
CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS
PARAGRAPH.
iv) The average train traffic on this route is ______ freight trains per 24-hour period at a
timetable speed ______ MPH and ______ passenger trains at a timetable speed of
______ MPH.
6) Contractor General Safety Requirements
A. Work in the proximity of railway track(s) is potentially hazardous where movement of trains
and equipment can occur at any time and in any direction. All work performed by
contractors within 25 feet of any track must be in compliance with FRA Roadway Worke r
Protection Regulations.
B. Before beginning any task on Railway Property, a thorough job safety briefing must be
conducted with all personnel involved with the task and repeated when the personnel or
task changes. If the task is within 25 feet of any track, the job briefing must include the
Railway's flagger, as applicable, and include the procedures the Contractor will use to
protect its employees, subcontractors, agents or invitees from moving any equipment
adjacent to or across any Railway track(s).
C. Workers must not work within 25 feet of the centerline of any track without an on track
safety strategy approved by the Railway’s Project Representative. When authority is
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provided, every contractor employee must know: (1) who the Railway flagger is, and how
to contact the flagger, (2) limits of the authority, (3) the method of communication to stop
and resume work, and (4) location of the designated places of safety. Persons or
equipment entering flag/work limits that were not previously job briefed, must notify the
flagger immediately, and be given a job briefing when working within 25 feet of the center
line of track.
D. When Contractor employees are required to work on the Railway Property after normal
working hours or on weekends, the Railway's representative in charge of the project must
be notified. A minimum of two employees must be present at all times.
E. Any employees, agents or invitees of Contractor or its subcontractors under suspicion of
being under the influence of drugs or alcohol, or in the possession of same, will be removed
from the Railway's Property and subsequently released to the custody of a representative
of Contractor management. Future access to the Railway's Property by that employee will
be denied.
F. Any damage to Railway Property, or any hazard noticed on passing trains must be reported
immediately to the Railway's representative in charge of the project. Any vehicle or
machine which may come in contact with track, signal equipment, or structure (bridge) and
could result in a train derailment must be reported immediately to the Railway
representative in charge of the project and to the Railway's Resource Operations Center
at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway
representative in charge of the project prior to the start of any work and must be posted at
the job site.
G. For safety reasons, all persons are prohibited from having pocketknives, firearms or other
deadly weapons in their possession while working on Railway's Property.
H. All personnel protective equipment (PPE) used on Railway Property must meet applicable
OSHA and ANSI specifications. Current Railway personnel protective equipment
requirements are listed on the web site, www.BNSFContractor.com, however, a partial
list of the requirements include: a) safety glasses with permanently affixed side shields (no
yellow lenses); b) hard hats; c) safety shoe with: hardened toes, above-the-ankle lace-up
and a defined heel; and d) high visibility retro-reflective work wear. The Railway’s
representative in charge of the project is to be contacted regarding local specifications for
meeting requirements relating to hi-visibility work wear. Hearing protection, fall protection,
gloves, and respirators must be worn as required by State and Federal regulations. (NOTE
– Should there be a discrepancy between the information contained on the web site
and the information in this paragraph, the web site will govern.)
I. THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR
EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST
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RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE
STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE
CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF
THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE
CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH
A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE.
J. Machines or vehicles must not be left unattended with the engine running. Parked
machines or equipment must be in gear with brakes set and if equipped with blade, pan or
bucket, they must be lowered to the ground. All machinery and equipment left unattended
on Railway's Property must be left inoperable and secured against movement. (See
internet Engineering Contractor Safety Orientation program for more detailed
specifications)
K. Workers must not create and leave any conditions at the work site that would interfere with
water drainage. Any work performed over water must meet all Federal, State and Local
regulations.
L. All power line wires must be considered dangerous and of high voltage unless informed to
the contrary by proper authority. For all power lines the minimum clearance between the
lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350
KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45
feet. If capacity of the line is not known, a minimum clearance of 45 feet must be
maintained. A person must be designated to observe clearance of the equipment and give
a timely warning for all operations where it is difficult for an operator to maintain the desired
clearance by visual means.
7) Excavation
A. Before excavating, the Contractor must determine whether any underground pipelines,
electric wires, or cables, including fiber optic cable systems are present and located within
the Project work area. The Contractor must determine whether excavation on Railway’s
Property could cause damage to buried cables resulting in delay to Railway traffic and
disruption of service to users. Delays and disruptions to service may cause business
interruptions involving loss of revenue and profits. Before commencing excavation, the
Contractor must contact BNSF’s Field Engineering Representative (______________).
All underground and overhead wires will be considered HIGH VOLTAGE and dangerous
until verified with the company having ownership of the line. It is the Contractor's
responsibility to notify any other companies that have underground utilities in the
area and arrange for the location of all underground utilities before excavating.
B. The Contractor must cease all work and notify the Railway immediately before continuing
excavation in the area if obstructions are encountered which do not appear on drawings. If
Contract Number: BF-20512300
44 of 61
the obstruction is a utility and the owner of the utility can be identified, then the Contractor
must also notify the owner immediately. If there is any doubt about the location of
underground cables or lines of any kind, no work must be performed until the exact location
has been determined. There will be no exceptions to these instructions.
C. All excavations must be conducted in compliance with applicable OSHA regulations and,
regardless of depth, must be shored where there is any danger to tracks, structures or
personnel.
D. Any excavations, holes or trenches on the Railway's Property must be covered, guarded
and/or protected when not being worked on. When leaving work site areas at night and
over weekends, the areas must be secured and left in a condition that will ensure that
Railway employees and other personnel who may be working or passing through the area
are protected from all hazards. All excavations must be back filled as soon as possible.
8) Hazardous Waste, Substances and Material Reporting:
A. If Contractor discovers any hazardous waste, hazardous substance, petroleum or other
deleterious material, including but not limited to any non-containerized commodity or
material, on or adjacent to Railway's Property, in or near any surface water, swamp,
wetlands or waterways, while performing any work under this Agreement, Contractor must
immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of
such discovery: (b) take safeguards necessary to protect its employees, subcontractors,
agents and/or third parties: and (c) exercise due care with respect to the release, including
the taking of any appropriate measure to minimize the impact of such release.
9) Personal Injury Reporting
A. The Railway is required to report certain injuries as a part of compliance with Federal
Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an
employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's
Property must be reported immediately (by phone mail if unable to contact in person) to
the Railway's representative in charge of the project. The Non-Employee Personal Injury
Data Collection Form contained herein is to be completed and sent by Fax to the Railway
at 1(817) 352-7595 and to the Railway’s Project Representative no later than the close of
shift on the date of the injury.
Contract Number: BF-20512300
45 of 61
NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
(If injuries are in connection with rail equipment accident/incident, highway rail grade crossing
accident or automobile accident, ensure that appropriate information is obtained, forms
completed and that data entry personnel are aware that injuries relate to that specific event.)
Injured Person Type:
Passenger on train (C) Non-employee (N)
(i.e., emp of another railroad, or, non-BNSF emp
involved in vehicle accident, including company
vehicles)
Contractor/safety
sensitive (F) Contractor/non-safety sensitive (G)
Volunteer/safety
sensitive (H) Volunteer/other non-safety sensitive (I)
Non-trespasser (D) - to include highway users involved in highway rail grade
crossing accidents who did not go around or through gates
Trespasser (E) - to include highway users involved in highway rail grade crossing
accidents who went around or through gates
Non-trespasser (J) - Off railroad property
If train involved, Train ID:
________________________________
Transmit attached information to Accident/Incident Reporting Center by:
Fax 1-817-352-7595 or by Phone 1-800-697-6736 or email to: Accident-
Reporting.Center@BNSF.com
Officer Providing Information:
(Name) (Employee No.) (Phone #)
REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING
REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903
AND 83 U.S.C. 490
NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
Please complete this form and provide to the BNSF supervisor, who will input this information into the EHS Star system. For questions,
call (817) 352-1267 or email Safety.IncidentReporting@BNSF.com.
Accident City/State: Date: Time:
County: Temperature: Weather:
(if non-BNSF location)
Name (Last/First/MI):
Age: Gender (if available):
Company:
eRailsafe Badge Number: Expiration Date:
BNSF Contractor Badge Number: Expiration Date:
Injury: _ Body Part:
(e.g., laceration) (e.g., hand)
Description of accident (including how accident occurred, potential cause, etc.):
Work activity in progress at time of accident:
Tools, machinery, or hazardous materials involved in accident:
Treatment:
First Aid Only
Required Medical Treatment
Other Medical Treatment:
Dr. Name: Date:
Dr. Street Address: City: State: Zip:
Hospital Name:
Hospital Street Address: City: State: Zip:
Diagnosis:
THIS REPORT IS PART OF BNSF’S ACCIDENT REPORT PURSUANT TO THE ACCIDENT REPORTS STATUTE AND, AS SUCH SHALL NOT “BE
ADMITTED AS EVIDENCE OR USED FOR ANY PURPOSE IN ANY SUIT OR ACTION FOR DAMAGES GROWING OUT OF ANY MATTER
MENTIONED IN SAID REPORT….” 49 U.S.C. § 20903. See 49 C.F.R. § 225.7(b).
Form 0106 Rev. 06/01/05
EXHIBIT "C-1"
Agreement Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
Railway File: ______________________________________
Agency Project: ______________________________________
, a/an (hereinafter called “Contractor”), has entered into an agreement (hereinafter
called “Agreement”) dated ______________, 20__, [***Drafter’s Note: insert the date
of the contract between the Agency and the Contractor here ] with [Drafter’s Note:
insert the name of the Agency here] for the performance of certain work in connection
with the following project:___________________. Performance of such work will
necessarily require Contractor to enter BNSF RAILWAY COMPANY (hereinafter called
"Railway") right of way and property (hereinafter called "Railway Property"). The
Agreement provides that no work will be commenced within Railway Property until the
Contractor employed in connection with said work for [insert Agency name here] (i)
executes and delivers to Railway an Agreement in the form hereof, and (ii) provides
insurance of the coverage and limits specified in such Agreement and Section 3 herein.
If this Agreement is executed by a party who is not the Owner, General Partner,
President or Vice President of Contractor, Contractor must furnish evidence to Railway
certifying that the signatory is empowered to execute this Agreement on behalf of
Contractor.
Accordingly, in consideration of Railway granting permission to Contractor to enter upon
Railway Property and as an inducement for such entry, Contractor, effective on the date
of the Agreement, has agreed and does hereby agree with Railway as follows:
1) RELEASE OF LIABILITY AND INDEMNITY
A. Contractor hereby waives, releases, indemnifies, defends and holds harmless
Railway for all judgments, awards, claims, demands, and expenses (including
attorneys' fees), for injury or death to all persons, including Railway's and
Contractor's officers and employees, and for loss and damage to property
belonging to any person, arising in any manner from Contractor's or any of
Contractor's subcontractors' acts or omissions or any work performed on or
about Railway’s property or right-of-way. THE LIABILITY ASSUMED BY
CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT,
THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS
REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS
AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490
Form 0106 Rev. 06/01/05
OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF
RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE,
EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY
CAUSED BY THE INTENSIONAL MISCONDUCT OR GROSS NEGLIGENCE
OF RAILWAY.
In Washington, replace the preceding sentence in uppercase bold with the
following:
This obligation shall not include such claims, costs, damages, or expenses which
may be caused by the sole negligence of Railway or its contractors, agents or
employees; Provided, that if the claims or damages are caused by or result from
the concurrent negligence or other acts or omissions of (a) Railway, its
contractors, agents or employees and (b) Contractor, its subcontractors, agents
or employees, this provision shall be valid and enforceable only to the extent of
the negligence of the Contractor, its subcontractors, agents or employees.]
B. It is mutually negotiated between the parties that the indemnification
obligation shall include all claims brought by Contractor’s employees
against Railway, its agents, servants, employees or otherwise, and
Contractor expressly waives its immunity under the industrial insurance
act (RCW Title 51) and assumes potential liability for all actions brought by
its employees.
C. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR
INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST
RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT,
INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY
APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO
CLAIMED.
D. Contractor further agrees, at its expense, in the name and on behalf of Railway,
that it will adjust and settle all claims made against Railway, and will, at Railway's
discretion, appear and defend any suits or actions of law or in equity brought
against Railway on any claim or cause of action arising or growing out of or in
any manner connected with any liability assumed by Contractor under this
Agreement for which Railway is liable or is alleged to be liable. Railway will give
notice to Contractor, in writing, of the receipt or dependency of such claims and
thereupon Contractor must proceed to adjust and handle to a conclusion such
claims, and in the event of a suit being brought against Railway, Railway may
forward summons and complaint or other process in connection therewith to
Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle
such suits and protect, indemnify, and save harmless Railway from and against
all damages, judgments, decrees, attorney's fees, costs, and expense s growing
out of or resulting from or incident to any such claims or suits.
E. In addition to any other provision of this Agreement, in the event that all or any
portion of this Article shall be deemed to be inapplicable for any reason, including
Form 0106 Rev. 06/01/05
without limitation as a result of a decision of an applicable court, legislative
enactment or regulatory order, the parties agree that this Article shall be
interpreted as requiring Contractor to indemnify Railway to the fullest extent
permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES
EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR
RAILWAY’S ACTS OF NEGLIGENCE. [***Note to Drafter: In Washington,
delete the preceding sentence in bold, as it is not enforceable.]
F. It is mutually understood and agreed that the assumption of liabilities and
indemnification provided for in this Agreement survive any termination of this
Agreement.
2) TERM
A. This Agreement is effective from the date of the Agreement until (i) the
completion of the project set forth herein, and (ii) full and complete payment to
Railway of any and all sums or other amounts owing and due hereunder.
3) INSURANCE
Contractor shall, at its sole cost and expense, procure and maintain during the life of
this Agreement the following insurance coverage:
4) SALES AND OTHER TAXES
A. In the event applicable sales taxes of a state or political subdivision of a state of
the United States are levied or assessed in connection with and directly related
to any amounts invoiced by Contractor to Railway (“Sales Taxes”), Railway shall
be responsible for paying only the Sales Taxes that Contractor separately states
on the invoice or other billing documents provided to Railway; provided, however,
that (i) nothing herein shall preclude Railway from claiming whatever Sales Tax
exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor
shall be responsible for all sales, use, excise, consumption, services and other
taxes which may accrue on all services, materials, equipment, supplies or
fixtures that Contractor and its subcontractors use or consume in the
performance of this Agreement, (iii) Contractor shall be responsible for Sales
Taxes (together with any penalties, fines or interest thereon) that Contractor fails
to separately state on the invoice or other billing documents prov ided to Railway
or fails to collect at the time of payment by Railway of invoiced amounts (except
where Railway claims a Sales Tax exemption), and (iv) Contractor shall be
responsible for Sales Taxes (together with any penalties, fines or interest
thereon) if Contractor fails to issue separate invoices for each state in which
Contractor delivers goods, provides services or, if applicable, transfers intangible
rights to Railway.
B. Upon request, Contractor shall provide Railway satisfactory evidence that all
taxes (together with any penalties, fines or interest thereon) that Contractor is
Form 0106 Rev. 06/01/05
responsible to pay under this Agreement have been paid. If a written claim is
made against Contractor for Sales Taxes with respect to which Railway may be
liable for under this Agreement, Contractor shall promptly notify Railway of such
claim and provide Railway copies of all correspondence received from the taxing
authority. Railway shall have the right to contest, protest, or claim a refund, in
Railway’s own name, any Sales Taxes paid by Railway to Contractor or for which
Railway might otherwise be responsible for under this Agreement; provided,
however, that if Railway is not permitted by law to contest any such Sales Tax in
its own name, Contractor shall, if requested by Railway at Railway’s sole cost
and expense, contest in Contractor’s own name the val idity, applicability or
amount of such Sales Tax and allow Railway to control and conduct such
contest.
C. Railway retains the right to withhold from payments made under this Agreement
amounts required to be withheld under tax laws of any jurisdiction. If Contractor
is claiming a withholding exemption or a reduction in the withholding rate of any
jurisdiction on any payments under this Agreement, before any payments are
made (and in each succeeding period or year as required by law), Contractor
agrees to furnish to Railway a properly completed exemption form prescribed by
such jurisdiction. Contractor shall be responsible for any taxes, interest or
penalties assessed against Railway with respect to withholding taxes that
Railway does not withhold from payments to Contractor.
5) EXHIBIT “C” CONTRACTOR REQUIREMENTS
A. The Contractor must observe and comply with all provisions, obligations,
requirements and limitations contained in the Agreement, and the Contractor
Requirements set forth on Exhibit “C” attached to the Agreement and this
Agreement, including, but not be limited to, payment of all costs incurred for any
damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting
from use, occupancy, or presence of its employees, representatives, or agents or
subcontractors on or about the construction site. Contractor shall execute a
Temporary Construction Crossing Agreement or Private Crossing Agreement
(http://www.bnsf.com/communities/faqs/permits-real-estate/), for any temporary
crossing requested to aid in the construction of this Project, if approved by BNSF.
6) TRAIN DELAY
A. Contractor is responsible for and hereby indemnifies and holds harmless Railway
(including its affiliated railway companies, and its tenants) for, from and against
all damages arising from any unscheduled delay to a freight or passenger train
which affects Railway's ability to fully utilize its equipment and to meet customer
service and contract obligations. Contractor will be billed, as further provided
below, for the economic losses arising from loss of use of equipment, contractual
loss of incentive pay and bonuses and contractual penalties resulting from train
delays, whether caused by Contractor, or subcontractors, or by the Railway
performing work under this Agreement. Railway agrees that it will not perform
any act to unnecessarily cause train delay.
Form 0106 Rev. 06/01/05
B. For loss of use of equipment, Contractor will be billed the current freight train
hour rate per train as determined from Railway's records. Any disruption to train
traffic may cause delays to multiple trains at the same time for the same period.
C. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain
other grain, intermodal, coal and freight trains operate under incentive/penalty
contracts between Railway and its customer(s). Under these arrangements, if
Railway does not meet its contract service commitments, Railway may suffer loss
of performance or incentive pay and/or be subject to penalty payments.
Contractor is responsible for any train performance and incentive penalties or
other contractual economic losses actually incurred by Railway which are
attributable to a train delay caused by Contractor or its subcontractors.
D. The contractual relationship between Railway and its customers is proprietary
and confidential. In the event of a train delay covered by this Agreement,
Railway will share information relevant to any train delay to the extent consistent
with Railway confidentiality obligations. The rate then in effect at the time of
performance by the Contractor hereunder will be used to calculate the actual
costs of train delay pursuant to this agreement.
E. Contractor and its subcontractors must give Railway’s representative
(___________________) _____ (__) weeks advance notice of the times and
dates for proposed work windows. Railway and Contractor will establish mutually
agreeable work windows for the project. Railway has the right at any time to
revise or change the work windows due to train operations o r service obligations.
Railway will not be responsible for any additional costs or expenses resulting
from a change in work windows. Additional costs or expenses resulting from a
change in work windows shall be accounted for in Contractor’s expenses for the
project.
F. Contractor and subcontractors must plan, schedule, coordinate and conduct all
Contractor's work so as to not cause any delays to any trains.
SIGNATURE PAGE FOLLOWS
Form 0106 Rev. 06/01/05
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
executed by its duly authorized officer the day and year first above written.
BNSF RAILWAY COMPANY
Signature: Signature:
Printed Name: Printed Name:
Title: Manager Public Projects Title:
Date: Date:
Accepted and effective this ______day of 20__.
Contact Person:
Address:
City:
State: Zip:
Fax:
Phone:
E-mail:
Form 0106 Rev. 06/01/05
EXHIBIT D
[Insert Cost Estimate for Railroad Work here]
Form 0106 Rev. 06/01/05
Exhibit E
[Public Projects Manager’s letterhead]
Date: ______________________
Mr./Ms. _______________________
_____________________________ [Name of Agency Here]
_____________________________ [Address for Agency]
______________________________
Re: Final Approval of Plans and Specifications dated _________, 20__,
drafted by _____________________ [insert name of architecture or
engineering firm here] (hereinafter called, the “Plans and
Specifications”)
Dear _______________:
This letter serves as BNSF RAILWAY COMPANY’s (“BNSF”) final written approval of the
Plans and Specifications covering the construction of ___________________________
[insert description of the project here ]. This final written approval is given to
_______________ [insert name of Agency here] (“Agency”) pursuant to Article III,
Section 1 of that certain Underpass Agreement between BNSF and Agency, dated
__________, 20__. If the Plans and Specifications are revised by Agency subsequent to
the date set forth above, this letter shall no longer s erve as final written approval of the
Plans and Specifications and Agency must resubmit said Plans an d Specifications to
BNSF for final written approval.
Regards,
_____________
[Public Projects Manager’s Name]
Form 0106 Rev. 06/01/05
EXHIBIT F
Grade Separations
(FOR USE IN ANY C&M AGREEMENT FOR CONSTRUCTION OF AN OVERPASS OR AN
UNDERPSS INITIATED BY A PUBLIC AGENCY)
BNSF PROCESS REQUIREMENTS FOR DESIGN & CONSTRUCTION OF GRADE
SEPARATION PROJECTS BY A PUBLIC AGENCY ON BNSF RIGHT OF WAY, WHICH
IMPACT BNSF PROPERTY OR OPERATIONS
1.01 General:
• 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter
referred to as "Railway" where work is over or under on or adjacent to Railway property and/or
right-of-way, hereafter referred to as "Railway Property", during the construction of
_________________________________________________________________________
_________________________________________________________________________.
• 1.01.02 Definitions:
• Operationally Critical, (OC): defined as Work that requires a submittal and
acceptance by BNSF, which impacts, or could impact BNSF operations, on BNSF
right-of-way or adjacent to it.
• Acceptance: BNSF’s response to plan submittals indicating a notice to proceed with
work in the field; Disclaimer for Acceptance: *BNSF has reviewed these
submittals and no exceptions are taken with regard to BNSF's ability to use or
accommodate the project as intended. BNSF has not reviewed the design
details or calculations for structural integrity or engineering accuracy. BNSF
accepts no responsibility for errors or omissions in the design or execution of
the project.
• Inspector/Coordinator, (I/C): A third party consultant which BNSF hires to assist in
the coordination of the project on BNSF’s behalf. When referenced, “I/C” refers to the
I/C team consisting of I/C-I, I/C-II, and the Resident Engineer (RE). The I/C team’s
role is to ensure the project is constructed per accepted* plans and specifications for
that portion of the project on BNSF right of way, as it affects BNSF. The I/C will monitor
construction activities to ensure that improvements used by BNSF meet all
requirements of BNSF, and accommodate railroad operations.
Form 0106 Rev. 06/01/05
• 1.01.03 The following submittals and actions are required by BNSF prior to Operationally
Critical, (OC) Work being performed on BNSF property or above tracks being operated by
BNSF Railway:
2.01 Submittals and Actions Required During the Project Design Phase:
• 2.01.01 The Agency shall be the main contact for BNSF throughout the project. Agency
shall be included on all correspondence relating to BNSF.
• 2.01.02 Required Design Submittals: (Allow for 4 weeks for BNSF to review design
submittals)
Agency shall refer to the requirements of the UP/BNSF Guidelines on Grade Separation
Projects when designing a grade separation which will impact BNSF Railway. Agency will be
required to submit plans for BNSF review and comment. Plans shall not be labeled “final”
until all comments have been addressed and BNSF has accepted* the plans.
Examples of required design submittals may be, but are not limited to:
Concept, vertical profile of Top of Rail, 30% plans and final plans
The following submittals will require a Professional Engineer, (PE) stamp:
Overpass design
Underpass design
Hydraulic study
Any non-standard design of a structure which will carry train loading
Work covered by a submittal shall not be performed in field without receiving Acceptance from
BNSF.
Work windows will not exceed 6 hours, so project should be designed accordingly.
Form 0106 Rev. 06/01/05
The following Disclaimer applies to BNSF acceptance of Agency design plans:
*BNSF has reviewed these submittals and no exceptions are taken with regard to BNSF's
ability to use or accommodate the project as intended. BNSF has not reviewed the design
details or calculations for structural integrity or engineering accuracy. BNSF accepts no
responsibility for errors or omissions in the design or execution of the project.
3.01 Submittals and Actions Required During the Construction Phase:
• 3.01.01 The Agency shall be the main contact for BNSF throughout the project. Agency
shall be included on all correspondence relating to BNSF. BNSF will NOT accept
submittals directly from the Agency’s Contractor.
• 3.01.02 BNSF will hire a consultant team to perform the duties of an Inspector/Coordinator,
(I/C) on behalf of BNSF for the duration of the field construction of the project. The cost of the
I/C will be reimbursable to BNSF by the Agency or their Contract or.
BNSF requires the I/C team be involved in the project throughout the construction phase to
represent BNSF.
The I/C has authority to remove a contractor’s employee from BNSF property if that
employee fails to comply with the BNSF safety policy, does not have proper PPE or
otherwise ignores instructions regarding work on BNSF right-of-way. The I/C has
authority to shut down work on BNSF right-of-way if the contractor works in a manner
that is in violation of BNSF’s safety policy or FRA regulations.
Anytime instructions to the contractor by BNSF or the I/C are not complied with, the
project may be shut down. All equipment and personnel will be removed from BNSF
property until issues causing the shutdown are resolved to BNSF’s satisfaction.
• 3.01.03 Agency must hold a pre-construction meeting with contractor and BNSF prior to
work beginning on BNSF property.
Form 0106 Rev. 06/01/05
The Pre-Construction meeting shall not be held until 30 days after I/C has been selected –
this allows time for the I/C to become familiar with the project.
Recommend scheduling two weeks prior to construction commencing to allow for adjustment
to work plans, if needed.
• 3.01.04 Required Construction Submittals: : (Allow for 4 weeks for BNSF to review
submittals)
All submittals should flow from the Contractor to the Agency, to the I/C Consultant, to the
BNSF Project Engineer, (PE), and to BNSF Structures with responses back through the same
communication chain. BNSF will not accept submittals directly from the Contractor.
Any changes to the work governed by a submittal requires that the submittal be re-accepted*
by BNSF before the work commences.
Examples of construction submittals required include but are not limited to:
Contractors Safety Action Plan, Fire Prevention Plan, Proposed Project Schedule, Demolition,
Shoring, Falsework and Lifting of Materials.
The following submittals will require a Professional Engineer, (PE) stamp:
Critical Pick Plan (75% of capacity of crane, or multi-crane pick)
Lifted Material Plan (Placement or Removal) – When lift is within temporary construction
clearances and when list is within 25’ of the centerline of the nearest track
Demolition Plan
Temporary Shoring Plan
Bracing Design Plan (non-standard only per DOT)
For overpasses, Agency shall submit as-built plans of the structure, including final clearance
dimensions to the I/C. Vertical clearance must be measured from the Top of Rail, horizontal
clearance must be measured from the nearest track centerline.
Form 0106 Rev. 06/01/05
OPERATIONALLY CRITICAL WORK AND SUBMITTALS: (4 to 6 weeks review timeline)
All OC work requires a submittal and acceptance* by BNSF.
• Operationally Critical (OC) submittals are those that have the potential to affect the safe
operation of trains and will need to be reviewed carefully. Work must be monitored to
ensure it conforms to the submitted/accepted* plan.
• In-person safety review meetings will be required with BNSF representative, I/C, Contractor
and Agency representative for all OC work and must be documented. The purpose of the
meeting is to ensure all parties understand BNSF requirements and are following the
applicable submittals. When a track work window is required the meeting shall occur at least
48 hours in advance of work starting.
• Submittals must meet the requirements of the UP Railroad - BNSF Railway Guidelines
for Railroad Grade Separation Projects. Submittals must also follow the requirements
outlined in BNSF Review Comment Sheets, Use of Cranes & Lifting of Materials
Submittal Schedule, BNSF Guidelines for Preparation of Bridge Demolition &
Removal Plan and the BNSF-UPRR Guidelines for Temporary Shoring. Some
submittals are required to be sealed by a licensed professional engineer.
a. See Table 3-1 for Overhead Structures in UP Railroad - BNSF Railway
Guidelines for Railroad Grade Separation Projects
b. See Table 3-2 for Underpass Structures UP Railroad - BNSF Railway Guidelines
for Railroad Grade Separation Projects
c. Examples of OC submittals included in the above are:
i. Shoring (Follow BNSF-UPRR Guidelines for Temporary Shoring)
ii. Falsework
iii. Demolition (Need plans for substructure and superstructure. Follow
BNSF Guidelines for Preparation of Bridge Demolition & Removal Plan)
iv. Erection (overhead and underpass structures)
v. Construction Phasing Plans
d. Additional OC submittals required, but not included in the Guidelines are:
i. All work plans that remove tracks from service (track outage windows
require a detailed Gantt chart when greater than 2 hours)
ii. Contingency plans
iii. Additional OC submittals may be required on a project by project basis.
Form 0106 Rev. 06/01/05
For underpasses and other railroad bridges, as required in Sections 4.11 and 4.12 of the UP
Railroad - BNSF Railway Guidelines for Railroad Grade Separation Projects, a RE will be on
site full-time during construction, at the cost of the project. At the discretion of the RE, as
accepted by BNSF, an I/C-I or I/C-II maybe assigned for field duties where the work is not
critical to ensuring the bridge is built to accepted project plans and specification.
• BNSF requires temporary and new track and railroad bridges be inspected by an FRA
qualified BNSF employee prior to being placed into service. Two week advanced notice to
BNSF structures department is required. For underpasses, all pile driving records are to be
provided within 3-days of driving to the BNSF PE.
• Agency shall submit an as-built survey of shoo-fly final alignments. Alignments must
conform to BNSF Shoo-fly procedures.
• 3.01.05 Prior to any work commencing on BNSF right of way:
Contractors C/C-1 or Right of Entry must be fully executed and their insurance
must be approved before they can perform work on BNSF property.
Proof of Contractors insurance approval must be produced to the BNSF PE and
the I/C.
• 3.01.06 Contractor must adhere to all other BNSF policies and procedures not specifically
mentioned in this agreement.
Form 0106 Rev. 06/01/05
EXHIBIT G
_____________ Avenue Grade Separation Project
Estimated Total Project Cost
City of Arlington Council Agenda Bill WS #3 Attachment
July 22, 2024 Proposal from Rock Project Management for Construction Management (CM) services
Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $337,344.00 BUDGET CATEGORY: BUDGETED AMOUNT: $350,000.00 LEGAL REVIEW: DESCRIPTION: Award of contract to Rock Project Management to provide CM services.
Due to number of active Public Works capital improvement management of these projects (two with Federal funding), staff is contracting with a CM firm to aid with the management of these projects. There is sufficient funding available within the existing budgets to accommodate contracting the work, construction management was part of the planned project budgets. Staff reviewed CM qualifications from three firms that submitted proposals (RFP). Interviews were conducted and staff has selected Rock Project Management as best qualified to provide CM oversight for these projects. Staff is currently negotiating final scope of services and fee for CM services. Staff is recommending Council accept the attached Scope of Services and Fee not to exceed $337,344.00 for CM services for the 2024 capital improvement projects and authorize the mayor to sign the contract. ALTERNATIVES:
Workshop; discussion only. At the July 29, 2024 Council meeting, the recommended motion will be, “I move to approve a contract with Rock Project Management for Construction Management services in the amount of $337,344 for the 2024 Capital Improvement Projects, and authorize the Mayor to sign a contract, pending final approval by the City Attorney.”
EXHIBIT A
SCOPE OF WORK
Scope of Work for Project Management, Construction Management and Inspections Services
1.Provide (1) full-time equivalent senior-level project manager that shall provide project
management, construction management and field inspection services on the City of Arlington’s
designated capital improvement projects. The position will be augmented as needed, by an on-
site Sr. Field Inspector and/or a Field Inspector (a total of .6 FTE) to augment the PM/CM&I, for a
total of 1.6 FTE level of effort staffing. Provide construction field inspections on behalf of City
staff with daily field inspections for the City’s 2024 Capital Projects program scheduled to begin
construction in 2024 and into 2025.
2.The specific scope of work consists of the following services:
a.Perform contract administrative procedures related to RFIs, Material Submittals,
Change Orders, Schedule review, and Progress Pay Estimates. Provide weekly tracking
logs for Submittals, RFIs, material testing, force account payments, potential change
orders, and certified payrolls.
b.Observe construction work on active projects including material installations,
equipment, labor, workmanship, safety plans, and general management of construction
areas for compliance with the Contract Documents and applicable codes and notify
construction Contractor of noncompliance. Promptly notify the City of any non-
conformance work observed during site assessments.
c.Prepare Inspector Daily Reports (IDRs) and field notes in compliance with the City and
WSDOT requirements. Provide the City with completed IDRs by the following work day.
The IDRS shall include, at a minimum, a description of the work performed by the
Contractor and subcontractors, approximate quantities of materials installed, log of
Contractor equipment and staff, traffic control observations, weather conditions, and
any observed problems or construction issues. Include project construction photos of
traffic control set-up and work activities during the course of construction. Photographs
will be in digital format and catalogued by date and time.
d.Inspectors shall coordinate with the City’s staff and utility-specific inspectors (water,
sewer) and provide project documentation as required by the City, including preparation
and issuance of IDRs. Maintain document filing and tracking systems, following City
guidelines and funding requirements. Collect, organize, and prepare documentation on
the Project.
e.Prepare and maintain a Submittals Log and maintain the Record of Materials (ROM) that
will be provided to the Contractor at coordination meetings. Coordinate timely review of
submittals with the City and Engineer or Record.
f.Maintain records of materials and quantities incorporated into the Project, including but
not limited to all gravel, rock, concrete tickets and their respective Manufacturing
Certificate of Compliance, and asphalt delivery tickets. Obtain Scaleman’s Daily
Reports or Scaleman’s Certification from asphalt batch plant.
g.Prepare the weekly statement of working days and provide the information at the weekly
coordination meetings. Provide the weekly Statement of Working Day on the following
Monday of each work week.
h. Prepare and maintain, on a weekly interval basis, a Request for Information (RFI) log that
will be provided at the weekly coordination meeting with the Contractor. Actively track
status of RFIs.
i. Prepare and maintain, on a weekly interval, a materials testing log that identifies date,
location, test type, test result and test specification for all testing performed during the
project. Coordinate special inspections, geotechnical services, and asphalt testing
with special inspections consultants and testing labs, in conjunction with the project
contractor’s requests for those inspections services.
j. Services shall comply with WSDOT LAG Manual, City of Arlington Amendments to
WSDOT Specifications, and material approval requirements.
k. Monitor and track certified payrolls, and City of Arlington’s Apprentice Utilization
Requirements. Provide documentation of Apprentice hour tracking.
l. Perform employee wage interviews at times to be determined by City staff. Verify
Certified Payroll and compare to Wage Rate interviews.
m. Coordinate public notification and construction activities with local businesses,
property owners, and residents, in consultation and coordination with City staff. Attend
project informational meetings with stakeholders, participate and/or lead discussions,
in consultation and coordination with City staff.
n. Coordinate project closeout activities with all parties.
o. Attend weekly project progress meetings, pre-installation meetings, preconstruction
meetings, and site-specific meetings.
p. Track force account work, documenting material quantities, equipment, and personnel
performing all force account work. Prepare and maintain at a weekly interval, a Force
Account Log that tracks, by number and date, all force account work performed by the
Contractor.
q. Any observed deficiencies or noncompliant work witnessed by the Inspectors shall be
identified and reviewed promptly with the City.
r. Monitor daily the Contractor’s traffic control procedures and implementation of the
approved traffic control plans and collect and file the Contractor’s Daily Traffic Control
Summary Report.
s. Monitor the Contractor’s temporary erosion and sediment control procedures and
systems and promptly notify the Contractor and City if erosion or sediment problems
are observed within the Project limits. Collect and file the Contractor’s Weekly Erosion
Control Report.
t. Monitor the Contractor’s compliance with all permits provided to Consultant by the
City.
u. Review the Contractor’s construction record drawings at a weekly interval in
accordance with the Contract provisions. Track and record field changes on drawings
and use information to verify the Contractor’s construction record drawings.
v. For all ADA ramp construction, it is the City’s expectation that the Consultant will
coordinate with the Contractor, as standard City process, to measure ADA ramp
formwork for slope compliance prior to concrete pours.
w. For all project correspondence, the City prefers to minimize “hard copies” and
electronic filing systems shall be implemented to the best of ability. The Consultant
shall utilize BlueBeam software compatible and consistent with City processes for
document management.
3. Communicate regularly with the City on a daily basis reporting on project progress, and to
address any open or potential pending project matters that could impact overall project
progress, quality of work, schedule, and safety.
4. Provide services in a professional manner, safely, and in a collaborative manner while holding
the contractor accountable for complying with the terms of their contract commitments.
Consultant’s staff are not authorized to stop work or approve additional work beyond the
Contract without written direction from the City.
Specific Projects Assigned.
The City has identified the following projects that will require project management, construction
management and inspection services on behalf of the City. Other project assignments may be
added at the determination of the City:
Project No. 1 – 74th Ave Trail Project
Project No. 2 – Division & Broadway Restoration Project
Project No. 3 – Smokey Point Blvd. & 188th St. Roundabout Project
Project No. 4 – 211th Place Corridor Improvement Project
Deliverables. Deliverables include but are not limited to the following:
• Weekly Statement of Working Day – Provide on the following Monday of each work week.
• Weekly tracking logs for Submittals, RFIs material testing, force account payments,
potential change orders, and certified payrolls.
• Apprentice hour tracking.
• Verification of Certified Payroll and Compare to Wage Rate Interviews.
• IDRs with photos delivered on the following work day.
• Field Note Records.
• Force Account Documentation.
Fee for Services
Exhibit B of the Contract Agreement provides further clarifications, assumptions and qualifications
specific to this scope of work, staffing assignments, and level of anticipated commitment. The
following Level of Effort Staffing Plan and Cost Detail Sheet represents the not-to-exceed fee for
scope of services defined in the Contract Agreement. Monthly invoices shall be submitted at the
end of each month to the City for payment. Invoices shall include timesheets of actual hours
worked charged at the billable rates identified for each employee.
PM, CM&I Services
City of Arlington
2024 Public Works Capital Projects
Rock Project Management Services, L.L.C.FEE SCHEDULE
Level of Effort Staffing Plan and Cost Detail Sheet
August Sept.Oct.Nov.Dec.Jan.Feb.March
Position Employee Rate Hours Totals Mo.1 Mo.2 Mo.3 Mo.4 Mo.5 Mo.6 Mo.7 Mo.8
337,344$ 43,300$ 43,300$ 43,300$ 44,708$ 42,596$ 43,300$ 43,300$ 43,300$
Clarifications, Assumptions, and Qualifications:
EXHIBIT B
CM&I, Sr. Field Inspector will be in support role to Sr. PM/CM&I and can backfill all responsibilities as needed, Assumes 30% FTE for on-site field inspections support.
CM&I, Field Inspector is assumes 30% FTE for on-site field inspections support as backup/alternate to CM&I Sr. Field Inspector.
Hourly rates are 2024 standard billable rates and include all direct and indirect payroll costs including direct wages, payroll taxes, benefits, overhead and profit.
RPM provides employees with laptop, keyboard, mouse, monitors, office supplies and wifi connections as needed, if needed as overhead expense included in billable rates.
Sr. PM/CM&I is anticipated to be full-time on-site, located in City offices, and managing multiple projects and field inspections.
Sr. PM provides contracts administration and office engineering support to on-site Sr. PM.CM&I, as-needed, if-needed, and can fill-in for any short-term absences/leaves.
Principal-in-Charge is No Cost to project, but anticipated to attend (4) meetings or site visits per month.
Personal Professional Services Agreement Page 1 of 12 Rev 4/2024
PERSONAL/PROFESSIONAL SERVICES AGREEMENT
Project Name________________________________________ Project No__________
THIS AGREEMENT, is made and entered into in duplicate this _____ day of August, 2024,
by and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter
referred to as the "CITY" and Rock Project Management Services, LLC, hereinafter referred to as
the "SERVICE PROVIDER".
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performance contained herein, the parties hereto agree as follows:
1. SCOPE OF SERVICES
The SERVICE PROVIDER shall perform such services and accomplish such tasks, including
the furnishing of all materials and equipment necessary for full performance thereof, as are
identified and designated as SERVICE PROVIDER responsibilities throughout th is Agreement and
as detailed in Exhibit "A" attached hereto and incorporated herein (the "Project").
2. TERM
The Project shall begin on _____ , 2024, and shall be completed no later than
March 31, 2024 unless sooner terminated according to the provisions herein. Agreement may
be extended upon written agreement by both parties.
3. CONTACT WITH CITY EMPLOYEES
During the term of this Agreement, the SERVICE PROVIDER shall interact only with the
following authorized CITY employees or agents, and with no other CITY employees absent written
authorization to do so:
4. COMPENSATION AND METHOD OF PAYMENT
4.1 Payments for services provided hereunder shall be made following the
performance of such services, unless otherwise permitted by law and approved in
writing by the CITY.
4.2 No payment shall be made for any service rendered by the SERVICE PROVIDER
except for services identified and set forth in this Agreement.
4.3 The CITY shall pay the SERVICE PROVIDER for work performed under this
Agreement as follows:
Personal Professional Services Agreement Page 2 of 12 Rev 4/2024
4.3.1 SERVICE PROVIDER shall submit monthly invoices detailing work
performed and expenses for which reimbursement is sought.
4.3.2 CITY shall approve all invoices before payment is issued. Payment shall
occur within thirty (30) days of receipt and approval of an invoice.
4.4 CITY shall pay SERVICE PROVIDER for such services: (check one)
Hourly: $__________ per hour, plus actual expenses, but not to exceed a total
of $______________ without an amendment to the contract. Hourly billing
shall be no smaller than fifteen (15) minutes;
Fixed Sum: A total amount of $ _______________________.
X Other: A fee not to exceed a total of $373,344.00, in accordance with the Scope
of Work and Fee Schedule included in Exhibit A and B for all work performed and
expenses incurred under this Agreement.
4.5 CITY reserves the right to withhold payment under this Agreement which is
determined, in the reasonable judgment of the City Administrator or his/her
designee to be noncompliant with this Agreement, the Scope of Services attached
hereto, City standards, or city, state or federal law.
5. REPRESENTATIONS
CITY has relied upon the qualifications of SERVICE PROVIDER in entering into this
Agreement. By execution of this Agreement, SERVICE PROVIDER represents it possesses the
ability, skill, and resources necessary to perform the work and is familiar with all applicable
current laws, rules and regulations which reasonably relate to this Agreement.
6. STANDARD OF CARE
SERVICE PROVIDER shall exercise the degree of skill and diligence normally employed by
SERVICE PROVIDERs engaged in the same profession and performing the same or similar services
at the time such services are performed. SERVICE PROVIDER will be responsible for the technical
accuracy of its services and documents resulting therefrom, and CITY shall not be responsible for
discovering deficiencies therein. SERVICE PROVIDER agrees to correct any deficiencies discovered
without additional compensation, except to the extent such deficiencies are directly attributable
to deficiencies or omissions in City-furnished information.
7. REPORTS AND INSPECTIONS
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7.1 The SERVICE PROVIDER at such times and in such forms as the CITY may require,
shall furnish to the CITY such statements, records, reports, data, and information
as the CITY may request pertaining to matters covered by this Agreement.
7.2 The SERVICE PROVIDER shall at any time during normal business hours and as
often as the CITY or State Auditor may deem necessary, make available for
examination all of its records and data with respect to all matters covered, directly
or indirectly, by this Agreement and shall permit the CITY or its designated
authorized representative to audit and inspect other data relating to all matters
covered by this Agreement. The CITY shall receive a copy of all audit reports made
by the agency or firm as to the SERVICE PROVIDER's activities. The CITY may, at its
discretion, conduct an audit at its expense, using its own or outside auditors, of
the SERVICE PROVIDER's activities which relate, directly or indirectly, to this
Agreement.
8. INDEPENDENT CONTRACTOR RELATIONSHIP
The parties intend that an independent contractor relationship will be created by this
Agreement. The CITY is interested primarily in the results to be achieved; subject to paragraphs
herein, the implementation of services will lie solely with the discret ion of the SERVICE
PROVIDER. SERVICE PROVIDER shall not be deemed to be an employee, agent, servant or
representative of the CITY for any purpose, and the SERVICE PROVIDER is not entitled to any of
the benefits the CITY provides for its employees. The SERVICE PROVIDER will be solely and
entirely responsible for his/her acts during the performance of this Agreement.
9. HOLD HARMLESS/INDEMNIFICATION
9.1 SERVICE PROVIDER shall, at its sole expense, defend, indemnify and hold the CITY,
its officers, officials, employees and volunteers harmless from any and all claims,
actions, suits, liability, loss, or costs including attorney fees, caused by the
wrongful or negligent acts, errors or omissions of the SERVICE PROVIDER or the
SERVICE PROVIDER’s agents, employees or subcontractors in performance of this
Agreement, except for injuries and damages caused by the sole negligence of the
CITY or the CITY’s agents or employees.
9.2 SERVICE PROVIDER’s duty to indemnify and hold the CITY harmless against liability
for damages arising out of or caused by the concurrent negligence of CITY or CITY’s
employees or agents and SERVICE PROVIDER or SERVICE PROVIDER’s employees
or agents shall apply only to the extent of the negligence or wrongdoing of
SERVICE PROVIDER and SERVICE PROVIDER’s employees or agents.
9.3 Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the
concurrent negligence of the SERVICE PROVIDER and the CITY, its officers, officials,
Personal Professional Services Agreement Page 4 of 12 Rev 4/2024
employees, and volunteers, the SERVICE PROVIDER's liability, including the duty
and cost to defend, hereunder shall be only to the extent of the SERVICE
PROVIDER’s negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the SERVICE PROVIDER’s waiver of
immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. SERVICE PROVIDER certifies, by signing this Agreement, that this
indemnification provision was mutually negotiated. The provisions of this section
shall survive the expiration or termination of this Agreement.
9.4 No liability shall attach to the CITY by reason of entering into this Agreement
except as expressly provided herein.
10. INSURANCE
The SERVICE PROVIDER shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or
in connection with the performance of the work hereunder by the SERVICE PROVIDER, its agents,
representatives, or employees.
10.1 Insurance Term. The SERVICE PROVIDER shall procure and maintain insurance, as
required in this Section, without interruption from commencement of the SERVICE
PROVIDER’s work through the term of this Agreement and for thirty (30) days after
the completion date, unless otherwise indicated herein.
10.2 No Limitation. The SERVICE PROVIDER’s maintenance of insurance as required by
the Agreement shall not be construed to limit the liability of the SERVICE
PROVIDER to the coverage provided by such insurance, or otherwise limit the
CITY’s recourse to any remedy available at law or in equity.
10.3 Minimum Scope of Insurance. SERVICE PROVIDER shall obtain insurance of the
types described below:
10.3.1 Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
10.3.2 Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors and personal injury and advertising injury. The
City shall be named as an insured under the SERVICE PROVIDER's
Commercial General Liability insurance policy with respect to the work
performed for the City using an additional insured endorsement at least as
broad as ISO CG 20 26.
Personal Professional Services Agreement Page 5 of 12 Rev 4/2024
10.3.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
10.3.4 Professional Liability insurance appropriate to the PROFESSIONAL’s
profession, if applicable.
10.4 Minimum Amounts of Insurance. SERVICE PROVIDER shall maintain the following
insurance limits:
10.4.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
10.4.2 Commercial General Liability insurance shall be written with limits no less
than $2,000,000 each occurrence, $2,000,000 general aggregate and
$2,000,000 products-completed operations aggregate limit.
10.4.3 If applicable, Professional Liability insurance shall be written with limits no
less than $2,000,000 per claim and $2,000,000 policy aggregate limit.
10.5 Other Insurance Provisions. The SERVICE PROVIDER’s Automobile Liability and
Commercial General Liability insurance policies are to contain, or be endorsed to
contain that they shall be primary insurance as respect the CITY. Any Insurance,
self-insurance, or self-insured pool coverage maintained by the CITY shall be
excess of the SERVICE PROVIDER’s insurance and shall not contribute with it.
10.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A: VII.
10.7 Verification of Coverage. SERVICE PROVIDER shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the SERVICE PROVIDER before commencement of the
work.
10.8 Subcontractors’ Insurance. The SERVICE PROVIDER shall cause each and every
subcontractor to provide insurance coverage that complies with all applicable
requirements of the SERVICE PROVIDER-provided insurance as set forth herein,
except the SERVICE PROVIDER shall have sole responsibility for determining the
limits of coverage required to be obtained by subcontractors. The SERVICE
PROVIDER shall ensure that the CITY is an additional insured on each and every
subcontractor’s Commercial General liability insurance policy using an
endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and
CG 20 37 10 01 for completed operations.
Personal Professional Services Agreement Page 6 of 12 Rev 4/2024
10.9 Notice of Cancellation. SERVICE PROVIDER shall provide the CITY with written
notice of any policy cancellation within two business days of their receipt of such
notice.
10.10 Failure to Maintain Insurance. Failure on the part of the SERVICE PROVIDER to
maintain the insurance as required shall constitute a material breach of contract,
upon which the CITY may, after giving five business days’ notice to the SERVICE
PROVIDER to correct the breach, immediately terminate this Agreement or, at its
discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the CITY on
demand, or at the sole discretion of the CITY, offset against funds due the SERVICE
PROVIDER from the CITY.
10.11 City Full Availability of Professional Limits. If the SERVICE PROVIDER maintains
higher insurance limits than the minimums shown above, the CITY shall be insured
for the full available limits of Commercial General and Excess or Umbrella liability
maintained by the SERVICE PROVIDER, irrespective of whether such limits
maintained by the SERVICE PROVIDER are greater than those required by this
Agreement or whether any certificate of insurance furnished to the CITY evidences
limits of liability lower than those maintained by the SERVICE PROVIDER.
11. OWNERSHIP OF ASSETS
Title to all property furnished by the CITY shall remain in the name of the CITY and the
CITY shall become the owner of the work product and other documents, if any, prepared by the
SERVICE PROVIDER pursuant to this Agreement.
12. COMPLIANCE WITH LAWS
12.1 The SERVICE PROVIDER, in the performance of this Agreement, shall comply with
all applicable federal, state or local laws and ordinances, including regulations for
licensing, certification and operation of facilities, programs and accreditation, and
licensing of individuals, prevailing wage if applicable to comply with every
provision of Chapter 39.12 of the Revised Code of Washington and any other
standards or criteria as described in this Agreement to assure quality of services.
12.2 The SERVICE PROVIDER specifically agrees to pay any applicable business and
occupation (B & O) taxes which may be due on account of this Agreement.
12.3 The SERVICE PROVIDER shall, prior to performing services under this agreement,
obtain a city business license as required by AMC 5.28.050.
12.4 If the SERVICE PROVIDER maintains a professional license through the State of
Washington, SERVICE PROVIDER shall maintain said license as require by the State
of Washington. Should SERVICE PROVIDERs professional license be revoked or
Personal Professional Services Agreement Page 7 of 12 Rev 4/2024
suspended, SERVICE PROVIDER shall immediately cease services and shall notify
the CITY in writing of the same.
12.5 If applicable, the SERVICE PROVIDER agrees that before it undertakes
performance of the Contract, it will file with the City a Performance and Payment
Bond in the full amount of the Contract price, executed by itself as a principal and
one or more surety companies authorized to do business in the State of
Washington as surety, in a form acceptable to the City.
13. COMPLIANCE WITH APPLICABLE FEDERAL LAWS AND REGULATIONS
SERVICE PROVIDER agrees to comply with all other applicable federal laws and
regulations governing the provision of professional services on federally funded projects,
including but not limited to the Federal Acquisition Regulation (FAR), 48 CFR , Competition
in Contracting Act (CICA), Brooks Act, Federal Acquisition Streamlining Act (FASA), Service
Contract Act (SCA), Anti-Kickback Act, False Claims Act (FCA), and any agency-specific
regulations applicable to the project. SERVICE PROVIDER further agrees to adhere to
ethical standards and guidelines set forth by the contracting agency and to refrain from
engaging in any conduct that would violate federal law or compromise the integrity of the
procurement process. SERVICE PROVIDER acknowledges that failure to comply with these
requirements may result in termination of the contract and/or other remedies available
to the contracting agency, including but not limited to suspension or debarment from
future government contracts.
14. NONDISCRIMINATION
14.1 The CITY is an equal opportunity employer.
14.2 Nondiscrimination Requirement. During the term of this Contract, SERVICE
PROVIDER, including any subcontractor, shall not discriminate on the bases
enumerated at RCW 49.60.530(3). In addition, SERVICE PROVIDER, including any
subcontractor, shall give written notice of this nondiscrimination requirement to any
labor organizations with which SERVICE PROVIDER, or subcontractor, has a collective
bargaining or other agreement.
14.3 Obligation to Cooperate. SERVICE PROVIDER, including any subcontractor, shall
cooperate and comply with any Washington state agency investigation regarding any
allegation that SERVICE PROVIDER, including any subcontractor, has engaged in
discrimination prohibited by this Contract pursuant to RCW 49.60.530(3).
14.4 Default. Notwithstanding any provision to the contrary, Agency may suspend
SERVICE PROVIDER, including any subcontractor, upon notice of a failure to
participate and cooperate with any state agency investigation into alleged
discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such
suspension will remain in place until Agency receives notification that SERVICE
PROVIDER, including any subcontractor, is cooperating with the investigating state
Personal Professional Services Agreement Page 8 of 12 Rev 4/2024
agency. In the event SERVICE PROVIDER, or subcontractor, is determined to have
engaged in discrimination identified at RCW 49.60.530(3), Agency may terminate
this Contract in whole or in part, and SERVICE PROVIDER, subcontractor, or both,
may be referred for debarment as provided in RCW 39.26.200. SERVICE PROVIDER
or subcontractor may be given a reasonable time in which to cure this
noncompliance, including implementing conditions consistent with any court-
ordered injunctive relief or settlement agreement.
14.5 Remedies for Breach. Notwithstanding any provision to the contrary, in the event of
Contract termination or suspension for engaging in discrimination, SERVICE
PROVIDER, subcontractor, or both, shall be liable for contract damages as authorized
by law including, but not limited to, any cost difference between the original contract
and the replacement or cover contract and all administrative costs directly related
to the replacement contract, which damages are distinct from any penalties imposed
under Chapter 49.60, RCW. Agency shall have the right to deduct from any monies
due to SERVICE PROVIDER or subcontractor, or that thereafter become due, an
amount for damages SERVICE PROVIDER or subcontractor will owe Agency for
default under this provision.
14.6 If any assignment and/or subcontracting has been authorized by the CITY, said
assignment or subcontract shall include appropriate safeguards against
discrimination. The SERVICE PROVIDER shall take such action as may be required
to ensure full compliance with the provisions in the immediately preceding
paragraphs herein.
15. ASSIGNMENT/SUBCONTRACTING
15.1 The SERVICE PROVIDER shall not assign its performance under this Agreement or
any portion of this Agreement without the written consent of the CITY, and it is
further agreed that said consent must be sought in writing by the SERVICE
PROVIDER not less than thirty (30) days prior to the date of any proposed
assignment. The CITY reserves the right to reject without cause any such
assignment.
15.2 Any work or services assigned hereunder shall be subject to each provision of this
Agreement and proper bidding procedures where applicable as set forth in local,
state and/or federal statutes, ordinances and guidelines.
16. CHANGES OR AMENDMENTS
Either party may request changes to the scope of services and performance to be
provided hereunder, however, no change or addition to this Agreement shall be valid or binding
upon either party unless such change or addition be in writing and signed by both parties. Such
amendments shall be attached to and made part of this Agreement.
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17. OWNERSHIP, MAINTENANCE AND INSPECTION OF RECORDS
17.1 All drawings, plans, specifications, and other related documents prepared by
SERVICE PROVIDER under this Agreement are and shall be the property of CITY
and may be subject to disclosure pursuant to RCW Chapter 42.56 or other
applicable public records laws. The written, graphic, mapped, photographic, or
visual documents prepared by SERVICE PROVIDER under this Agreement shall,
unless otherwise provided, be deemed the property of the CITY. CITY shall be
permitted to retain these documents, including reproducible camera-ready
originals of reports, reproduction quality mylars of maps, and copies in the form
of computer files, for the CITY’s use. CITY shall have unrestricted authority to
publish, disclose, distribute and otherwise use, in whole or part, and repo rts, data,
drawings, images or other material prepared under this Agreement, provided that
SERVICE PROVIDER shall have no liability for the use of SERVICE PROVIDER’s work
product outside of the scope of its intended purpose, and the CITY agrees to
indemnify and hold the SERVICE PROVIDER harmless from such use.
17.2 The SERVICE PROVIDER shall maintain books, records and documents, which
sufficiently and properly reflect all direct and indirect costs related to the
performance of this Agreement and shall maintain such accounting procedures
and practices as may be necessary to assure proper accounting of all funds paid
pursuant to this Agreement. These records shall be subject at all reasonable times
to inspection, review, or audit, by the CITY, its authorized representative, the State
Auditor, or other governmental officials authorized by law to monitor this
Agreement.
17.3 The SERVICE PROVIDER shall retain all books, records, documents and other
material relevant to this Agreement, for six (6) years after its expiration. The
SERVICE PROVIDER agrees that the CITY or its designee shall have full access and
right to examine any of said materials at all reasonable times during said period.
SERVICE PROVIDER agrees to cooperate with the CITY to produce in a timely
manner any records in the possession of SERVICE PROVIDER relating to the
performance of this Agreement which are or may be the subject of a valid request
under the Public Records Act, RCW Chapter 42.56.
18. OTHER PROVISIONS
If changes in state law necessitate that services hereunder be expanded, the parties shall
negotiate an appropriate amendment. If, after thirty (30) days of negotiation, an agreement
cannot be reached, this Agreement may be terminated by the City no sooner than sixty (60) days
thereafter.
19. TERMINATION
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19.1 Termination for Convenience. The CITY may terminate this Agreement, in whole
or in part, at any time, by at least five (5) days written notice to the SERVICE
PROVIDER.
19.2 Termination for Cause. If the SERVICE PROVIDER fails to perform in the manner
called for in this Agreement, or if the SERVICE PROVIDER fails to comply with any
other provisions of the Agreement and fails to correct such noncompliance within
five (5) days written notice thereof, the CITY may terminate this Agreement for
cause. Termination shall be effected by serving a notice of termination on the
SERVICE PROVIDER setting forth the manner in which the SERVICE PROVIDER is in
default. The SERVICE PROVIDER will only be paid for services performed in
accordance with the manner of performance set forth in this Agreement.
20. NOTICE
Notices, other than applications for payment, shall be given in writing to the persons
named below:
TO THE CITY: TO THE SERVICE PROVIDER:
___________________________ ___________________________
___________________________ ___________________________
___________________________ ___________________________
21. ATTORNEYS FEES AND COSTS
If any legal proceeding is brought for the enforcement of this Agreement, or because of a
dispute, breach, default, or misrepresentation in connection with any of the provisions of this
Agreement, the prevailing party shall be entitled to recover from the other party, in addition to
any other relief to which such party may be entitled, reasonable attorney's fees and other costs
incurred in that action or proceeding.
22. WAIVER
No officer, employee, agent or other individual acting on behalf of either party has the
power, right or authority to waive any of the conditions or provisions of this Agreement. No
waiver in one instance shall be held to be a waiver of any other subsequent breach or
nonperformance. Failure of either party to enforce at any time any of the provisions of this
Agreement or to require at any time performance by the other party of any provision hereof shall
in no way be construed to be a waiver of such provisions nor shall it affect the validity of this
Agreement or any part thereof.
23. JURISDICTION AND VENUE
Personal Professional Services Agreement Page 11 of 12 Rev 4/2024
This Agreement has been and shall be construed as having been made and delivered
within the State of Washington, and it is agreed by each party hereto that this Agreement shall
be governed by laws of the State of Washington, both as to interpretation and p erformance.
Any action of law, suit in equity, or judicial proceeding for the enforcement of this
Agreement or any provisions thereof, shall be instituted and maintained only in any of the courts
of competent jurisdiction in Snohomish County, Washington.
24. SEVERABILITY
24.1 If, for any reason, any part, term or provision of this Agreement is held by a court
of the United States to be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
24.2 If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith
shall be deemed inoperative and null and void insofar as it may be in conflict
therewith, and shall be deemed modified to conform to such statutory provisions.
25. ENTIRE AGREEMENT
The parties agree that this Agreement is the complete expression of the terms hereto and
any oral representations or understandings not incorporated herein are excluded. Further, any
modification of this Agreement shall be in writing and signed by both par ties. Failure to comply
with any of the provisions stated herein shall constitute material breach of contract and cause
for termination. Both parties recognize time is of the essence in the performance of the
provisions of this Agreement. It is also agreed by the parties that the forgiveness of the
nonperformance of any provision of this Agreement does not constitute a waiver of the
provisions of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day
and year first hereinabove written.
CITY OF ARLINGTON: SERVICE PROVIDER:
_____________________________________
City Authorized Representative
_____________________________________
(Print)
_____________________________________
Title
____________________________________
____________________________________
(Print)
Personal Professional Services Agreement Page 12 of 12 Rev 4/2024
EXHIBIT A
Scope of Work
NON-COLLUSION DECLARATION
The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other
member, representative, or agent of the firm, company, corporation or partnership represented by
him/her, entered into any combination, collusion or agreement with any person relative to the price to
be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain
from bidding, and that this bid is made without reference to any other bid and without any agreement,
understanding or combination with any other person in reference to such bidding.
He/She further says that no person or persons, firms, or corporation has, have or will receive directly or
indirectly, any rebate, free gift, commission or thing of value on account of such sale.
I HEREBY DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON
THAT THE FOREGOING IS TRUE AND CORRECT.
Dated this ____ day of ____________________, 202___ at ________________________, WA
_________________________________________________
(Name of Organization)
_________________________________________________
(Name and Title of Person Signing)
_________________________________________________
(Signature)
City of Arlington Council Agenda Bill WS #4 Attachment
COUNCIL MEETING DATE: July 22, 2024 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.16 Permits and Land Division Approval ATTACHMENTS: Code Amendment Overview, Ordinance, Supporting Documents, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Planning Manager 360-403-3550 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION:
conditional use permits required, consolidated permit process and review procedures, permit exemptions from timelinesamendments to and modifications of permits. The proposed Second Substitute Senate Bill 5290, Substitute House Bill 1105, WAC 365-196-845, and RCW 36.70B to ensure city compliance with State Regulations and the upcoming Comprehensive Plan update. HISTORY: zoning code amendments are required to comply with the state law and local requirements. ALTERNATIVES: Remand to staff for additional information.
move to approve the ordinance amending AMC Chapter 20.16 and authorize the Mayor to sign the
Page 1 of 3
New or Renamed Table of Contents Code Sections:
• New: 20.16.106 Permits Exempt
• Renamed: 20.16.160 Consolidated Permit Review Procedures
• Renamed: 20.16.220 Zoning and Administrative Conditional Use Permits
• Renamed: 20.16.260 Additional Requirements on Zoning, Special Use,
Conditional Use, and Administrative Conditional Use Permits.
New Language Sections:
• 20.16.105. This is a new section that shows permits that are exempt from the permit review time frames and the consolidated permit review procedures. Though they are exempt from these procedures, they are not exempt from the policies, procedures, regulations, or requirements of Title 20 – Zoning and other chapters of the Arlington Municipal Code.
• 20.16.160. This is a new section that was added for consolidated permit review procedures and requirements.
• 20.16.270. This is a new section that was added for time limits required by the state for permit processing. The current time limit for processing permits per code is 120 days for all permits. The proposed time limits are as follows:
o A notice of �inal decision for zoning permits, administrative conditional use permits, and boundary line adjustments (permits that do not require public notice) shall be issued in 65 days.
o A notice of �inal decision for special use permits, SEPA only permits, variances, minor short plats/subdivisions, binding site plans, and unit lot subdivisions (permits that require public notice) shall be issued in 100 days.
o A notice of �inal decision for conditional use permits, major plats/subdivisions, binding site plans, and unit lot subdivisions shall be issued in 170 days. Updates also include how the number of days are calculated, nonresponsiveness of an applicant regarding a permit application, expedited permitting, and annual performance reporting to the Department of Commerce.
AMC Chapter 20.16 – Permits and Land Division Approval
Zoning Code Amendment Overview Summary - Amy Rusko, Planning Manager
Page 2 of 3
Updated Language Sections:
• 20.16.100. Updates include adding Administrative Conditional Use Permits, removing the clearing and grading permit applications from the land use applications, and adding the consolidated permit process requirements.
• 20.16.130 and 20.16.140. Updates include changes to General Information Meetings and Pre-Application Meetings from required to recommended.
• 20.16.200. Updates include removing sign permits, adding administrative conditional use permits, changing administrative guidelines to application submittal requirements and removing outdated permit application language.
• 20.16.205. Updates include adding administrative conditional use permits, adding emailed complete application determinations, updating information needed to complete an incomplete application, updating requirements to issue a complete application determination, and updating notice of application procedures.
• 20.16.215. Updates include administrative conditional use and zoning permits to the application distribution process.
• 20.16.220. Updates include adding administrative conditional use permits to the permit process and adding binding site plans and unit lot subdivisions to the minor subdivision process.
• 20.16.225. Updates include adding requirements for a recommendation through a staff report is forwarded to the hearing examiner for a special use permit if a hearing is required.
• 20.16.230. Updates include adding email noti�ication for the distribution of a notice of application, changing the posting public notices on the site from the applicant to the city, and adding requirements to the public comment period.
• 20.16.235. Updates the time and day requirements for neighborhood meetings.
• 20.16.240. Updates the permit resubmittal time limits and the timeframe to ask for resubmittal extensions.
• 20.16.260. Updates include adding administrative conditional use permits to the required permit criteria.
• 20.16.275. Updates include adding administrative conditional use permits to the notice of �inal decisions procedures and removes outdated language regarding the city being unable to issue a notice of decision.
• 20.16.280. Updates include removing sign permits from the land use expiration dates, adds administrative conditional use permit expiration date, and adds emailed hearing examiner permit issuance.
• 20.16.320. Updates include adding administrative conditional use permits to regulations involving occupancy, use and sale of lots.
Page 3 of 3
• 20.16.340. Updates include allowing the community and economic development director and/or public works director to authorize �inal plat if the developer provides a satisfactory performance bond or other security.
• 20.16.370. Updates include adding to the threshold levels for insigni�icant design deviations, minor amendments, and major amendments to approved permits.
• 20.16.425, 20.16.435, and 20.16.440. Updates to these sections include updating the recording requirements for �inal major and minor subdivisions, binding site plans, and boundary line adjustments.
Removed Language Sections:
• No complete sections were removed with this amendment.
• Second Substitute Senate Bill 5290
• Substitute House Bill 1105
• WAC 365-196-845
• RCW 36.70B
Washington State Legislation or Other Requirements
ORDINANCE NO. 2024-XXX 1
ORDINANCE NO. 2024-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.16
OF THE ARLINGTON MUNICIPAL CODE REGARDING PERMITS AND LAND DIVISION APPROVAL
UNDER CITY PLANNING NO. PLN 1185
WHEREAS, the city has proposed an update to the Permits and Land Division Approval
regulations to the City zoning code; and
WHEREAS, the Arlington Planning Commission considered the revisions at docketing
meetings on February 6, 2024 and February 22, 2024, and then on July 2, 2024 and at a public
hearing conducted on July 16, 2024; and
WHEREAS, the Planning Commission made findings and provided its recommendations to
the City Council concerning the proposed changes; and
WHEREAS, the City Council considered the revisions at docketing meetings on March 11,
2024 and March 18, 2024; and
WHEREAS, the City Council considered the same at a workshop held on July 22, 2024, a
special meeting on July 29, 2024, and considered them along with the Planning Commission
recommendations; and the City Council having determined approving said amendment was in
the best interest of the City; and
WHEREAS, the amendments were presented to the Department of Commerce for
comment and said Department had no comments on the ordinance; and
WHEREAS, the City Council has considered the proposed amendment to the municipal
code and finds it to be consistent with city and state law and in the best interests of the citizens;
and
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows:
Section 1. Arlington Municipal Code section 20.16 shall be amended as shown in
Exhibit A attached to this Ordinance:
Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state
or federal law or regulation, such decision or pre-emption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 3. Effective Date. The title of this ordinance which summarizes the contents shall
be published in the official newspaper of the City. This ordinance shall take effect and be in full
force five (5) days after the date of publication as provided by law.
ORDINANCE NO. 2024-XXX 2
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this
______ day of _____________________, 2024.
CITY OF ARLINGTON
____________________________________
Don Vanney, Mayor
ATTEST:
___________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 1 Revised October 2022July 2024
Chapter 20.16
PERMITS AND LAND DIVISION
APPROVAL
Sections:
Part I. Permit Application Procedures
20.16.100 Permits Required.
20.16.105 Permits Exempt.
20.16.110 Who May Submit Permit Applications.
20.16.120 Official Representative of the Applicant.
20.16.130 Staff Consultation Before Formal Application.
20.16.140 Submittal of Application.
20.16.150 Vesting of Permits.
20.16.160 Processing Multiple Permits.Consolidated Permit Review Procedures.
20.16.170 Completing Development in Phases.
20.16.180 Applications to be Processed Expeditiously.
Part II. Permit Review Procedures
20.16.200 Applications To Be Complete.
20.16.205 Complete Application.
20.16.210 Burden of Presenting Evidence; Burden of Persuasion.
20.16.215 Distribution of Application.
20.16.220 Zoning Permits.
20.16.225 Special Use and Conditional Use Permits.
20.16.230 Notice of Application Filed.
20.16.235 Neighborhood Meeting for Conditional Use Permits Required.
20.16.240 Time Limits for Resubmitting Additional Information.
20.16.245 Recommendations on Special Use or Conditional Use Permit Applications.
20.16.250 Community and Economic Development Director or Hearing Examiner Action on Special
Use Permits.
20.16.255 Hearing Examiner Action on Conditional Use Permits.
20.16.260 Additional Requirements on Zoning, Special Use, and Conditional Use Permits.
20.16.265 Fire Marshal Approval Prior to Issuance of Permits.
20.16.270 Time Limits for Permit Processing.
20.16.275 Notice of Final Decision.
20.16.280 Expiration of Permits.
Part III. Post Permit Requirements
20.16.300 Reconsideration of Permit-Issuing Authority’s Action.
20.16.310 Appeal of Permits and Final Plats.
20.16.320 No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled.
20.16.330 Authorizing Use or Occupancy Before Completion of Development Under Zoning Permit.
20.16.340 Authorizing Use, Occupancy, or Sale Before Completion of Development Under Special
Use or Conditional Use Permits.
20.16.350 Effect of Permit on Successors or Assigns.
20.16.360 Effect of Approval of Zoning or Conditional Use Permits for Preliminary Major or Minor
Subdivisions.
20.16.370 Amendments to and Modifications of Permits.
20.16.380 Maintenance of Common Areas, Improvements, and Facilities.
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Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 2 Revised October 2022July 2024
Part IV. Land Division Permits
20.16.400 Regulations of Major, Minor and Unit Lot Subdivisions.
20.16.405 Applicability.
20.16.410 No Subdivision Without Plat Approval.
20.16.415 Restrictions on Minor Subdivisions.
20.16.420 Vacations of Subdivisions.
20.16.425 Final Major or Minor Subdivision Approval Process.
20.16.430 Alteration of Recorded Final Major or Minor Subdivisions.
20.16.435 Major and Minor Binding Site Plans.
20.16.440 Boundary Line Adjustments.
20.16.445 Endorsements on Final Subdivisions and Binding Site Plans.
20.16.450 Subdivision and Binding Site Plan Acceptance of Easement and Dedication Offers.
20.16.455 Protection Against Defects.
20.16.460 Maintenance of Dedicated Areas Until Acceptance.
Part I. Permit Application Procedures
20.16.100 Permits Required.
(a) Subject to this chapter,§20.68.010 (Permit Required for Signs), the use made of property may not
be substantially changed (see §20.40.070, Change in Use), and land clearing, grading, filling, or
excavation may not be commenced, and buildings or other substantial structures may not be
constructed, erected, moved, or substantially altered except in accordance with and pursuant to one
of the following permits:
(1) A zoning permit issued by the Community and Economic Development Director or his/her
designee.
(2) A special use permit issued by the Community and Economic Development Director or his/her
designee or Hearing Examiner (if a hearing is requested during the notice of application
comment period).
(3) A conditional use permit issued by the Hearing Examiner.
(3)(4) An administrative conditional use permit issued by the Community and Economic
Development Director or his/her designee.
(b) Zoning permits, special use permits, conditional use permits, or administrative conditional use
permits, and sign permits are issued under this title only when a review of the application submitted,
including the plans contained therein, indicates that the development will comply with the
provisions of this title if completed as proposed. Such plans and applications as are finally approved
are incorporated into any permit issued, and except as otherwise provided in §20.16.350 (Effect of
Permit on Successors or Assigns), all development shall occur strictly in accordance with such
approved plans and applications.
(c) Physical improvements to land to be subdivided may not be commenced except in accordance with
a conditional use permit issued by the Hearing Examiner for major subdivisions or in accordance
with a zoning permit issued by the Community and Economic Development Director for minor
subdivisions (see Part IV, . Land Division Permits, of this chapter).
(d) A zoning permit, special use permit, conditional use permit, administrative conditional use
permit, or sign permit shall be issued in the name of the applicant (except those applications
submitted by an agent shall be issued in the name of the principal), shall identify the property
involved and the proposed use, shall incorporate by reference the plans submitted, and shall
contain any special conditions or requirements lawfully imposed by the permit-issuing authority.
§20.16.350 (Effect of Permit on Successors or Assigns).
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Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 3 Revised October 2022July 2024
(e) If more than one permit type is required to be completed for a proposed project, then they shall be
combined into a consolidated permit and be processed per the regulations of §20.16.160
(Consolidated Permit Review Process).
20.16.105 Permits Exempt.
(a) The city is allowed to exempt certain permit types in accordance with RCW 36.70B.140. The
following types of permits are exempt from the provisions of RCW 3.70B.060 through
*36.70B.090, 36.70B.110 through 36.70B.130, and the consolidated permit review procedures.
However, other permitting processes are required and shall meet certain sections of Title 20 –
Zoning and other Titles of the Arlington Municipal Code:
(1) Comprehensive Plan Amendments and Rezones
(2) Zoning Code Amendments
(3) Annexations
(4) Subarea Plans
(5) Development Agreements
(6) Design Review Board and Administrative Design Review (not concurrent with land use
permit, but will still meet the minimum required permit processing time of 65 days)
(7) Code Interpretation
(8) Permit Extension Request
(9) Landmark designations
(10) Flood Hazard Permit
(11) Tree Removal Permit
(12) Right-of-Way Closure Request
(13) Street Vacations or Street Dedications
(14) Right-of-Way, Grading, Paving, Drainage and Civil Construction Permits
(15) Water/Sewer Availability and Utility Service
(16) Residential Building Permit, Commercial Building Permit, Zoning Verification, Fire
Safety Permit, Operating Permit, or Miscellaneous Building Permits (Demolition,
Manufactured Home, Master Sign Permit, Sign Permit, Moving a Building Permit, Re-
Roof Permit, Solar Permit, Temporary Operating Permit, Temporary Right-of-Way Use
Permit).
(17) Existing Building Interior Alterations from exempt from site plan review, provide that the
interior alterations do not result in the following:
1. Additional sleeping quarters or bedrooms; or
2. Nonconformity with federal emergency management agency substantial
improvement thresholds; or
3. Increase the total square footage or valuation of the structure thereby requiring
upgraded fire access or fire suppression systems.
4. Nothing in this section exempts interior alterations from otherwise applicable
building, plumbing, mechanical, or electrical codes.
5. For purposes of this section, “interior alterations” include construction activities
that do not modify the existing site layout or its current use and involve no exterior
work adding to the building footprint.
20.16.110 Who May Submit Permit Applications.
(a) Applications for zoning, special use, conditional use, or administrative conditional use or sign
permits or subdivision plat approval will be accepted only from persons having the legal authority
to take action in accordance with the permit or the subdivision plat approval. By way of illustration,
in general this means that applications should be made by the owners or lessees of property, or their
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Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 4 Revised October 2022July 2024
agents, or persons who have contracted to purchase property contingent upon their ability to acquire
the necessary permits under this title, or the agents of such persons (who may make application in
the name of such owners, lessees, or contract vendees).
(b) The Community and Economic Development Director shall require an applicant to submit evidence
of his authority to submit the application in accordance with Subsection (a) whenever there appears
to be a reasonable basis for questioning this authority.
20.16.120 Official Representative of the Applicant.
The applicant for each land use permit shall designate an official representative, which may be himself,
to receive all correspondence, determinations, and notices regarding the application. The City is not
obligated to provide said correspondence, determinations, or notices to any other representative of the
applicant, or even the applicant him/herself if the official representative is anyone other than
him/herself, unless otherwise specified by this Title.
20.16.130 Staff Consultation Before Formal Application.
(a) Except as provided in Subsection (c), to minimize development planning costs, avoid
misunderstanding or misinterpretation, and ensure compliance with the requirements of this title, a
general information meeting and pre-application consultation between the developer and the plan-
ning staff is encouraged as provided in this section.
(b) Before applying for a permit, the city encourages all developers or applicants shall to participate in
a general information meeting and/or pre-application meeting and present to the Community and
Economic Development Director a sketch plan of such subdivision, drawn approximately to scale
(1 inch = 100 feet). The sketch plan shall contain:
(1) The name and address of the developer,
(2) The proposed name and location of the subdivision,
(3) The approximate total acreage of the proposed subdivision,
(4) The tentative street and lot arrangement,
(5) Topographic lines, and
(6) Any other information the developer believes necessary to obtain the informal opinion of the
planning staff as to the proposed subdivision’s compliance with the requirements of this title.
The Community and Economic Development Director shall meet with the developer as soon as
conveniently possible to review the sketch plan.
(c) The Community and Economic Development Director may waive the requirement for a pre-
application meeting for minor projects that, in his/her opinion, do not warrant such a meeting.
20.16.140 Submittal of Application.
(a) Except as provided in subsection (d), to minimize development planning costs, avoid
misunderstanding or misinterpretations, and ensure compliance with the requirements of this title,
a submittal intake appointment is required recommended between the developer and the
Community and Economic Development staff as provided in this section.
(b) Before submitting an application for a permit, the developer shall should participate in a submittal
intake appointment and present to the Community Development staff all the elements necessary for
such application.
(c) Submittal appointments shall be scheduled at least one week prior to the submittal intake
appointment.
(d)(c) The Community and Economic Development Director may waive the requirement for a
submittal intake appointment for minor projects that, in his/her opinion, do not warrant such an
appointment.
Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 5 Revised October 2022July 2024
20.16.150 Vesting of Permits.
(a) Land use permit applications shall be considered vested on the date that an application is deemed
complete pursuant to §20.16.205 (Complete Application) and applications shall be processed under
the land use regulations in effect on that date. However, subsequent permits on the same property
are not vested on this date.
(b) Filing of a permit application does not vest the payment of fees. Fees due, including impact
mitigation fees, application fees, or other charges, shall be those fees in effect on the date the fee is
paid in accordance with the most current city council fee resolution.
20.16.160 Processing Multiple PermitsConsolidated Permit Review Procedures.
(a) Whenever a proposed project requires more than one permit, or multiple permits, by this Title, the
entire application will be linked and processed simultaneously using the consolidated permit review
process, as described in Subsection (c) below, specified for the permit requiring the highest degree
of review and decision-making.
(b) Where another agency with jurisdiction requires a public meeting or open record hearing as a part
of their permitting process, any public meetings or open record hearings required by this Title may
shall be combined with those of the other agency with jurisdiction provided that the requirements
of §20.24.014 (Combining Hearings With Those of Other Agencies) are met.
(c) The consolidated permit review process includes the following:
(1) A consolidated permit project will be processed by a designated permit technician.
(2) One consolidated determination of completeness shall be issued according to §20.16.205 of
this chapter.
(3) One consolidated notice of application shall be issued, when applicable for the permit type,
according to §20.16.230 of this chapter.
(4) One consolidated public hearing shall be set, when required for the permit type, according to
§20.24 (Hearing and Pre-Hearing Procedures for Appeals and Applications).
(5) One consolidated notice of final decision that includes all aspects of the project permit being
reviewed through the consolidated permit review process, according to §20.16.215 of this
chapter.
(d) The following are the consolidated permit review categories and requirements for each type:
(1) Permits that do not require public notice:
(A) In order to receive a complete application, the developer shall submit all required
submittal checklist items that are included in the application packet for the specific permit
type.
(B) This permit type does not require a notice of application.
(C) The Community and Economic Development Director or his/her designee shall issue the
final administrative decision.
(D) The consolidated permit shall be processed in accordance with §20.16.270(a)(1) of this
chapter.
(E) The fees shall be those adopted by the city’s current fee schedule resolution adopted by
city council for the permit types being processed.
(F) An appeal of the administrative decision issued by the Community and Economic
Development Department shall be processed in accordance with §20.20 (Appeals,
Variances, Interpretations).
(G) The city encourages all developers and/or applicants to schedule a general information
meeting or preapplication conference in accordance with §20.16.130 of this chapter.
(H) The determination of consistency of the development project shall be made through one
written permit decision that includes all regulations of the specific permit types.
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Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 6 Revised October 2022July 2024
(I) One notice of decision shall be made meeting the requirements of §20.16.275 of this
chapter.
(2) Permits that require public notice but not a public hearing:
(A) In order to receive a complete application, the developer shall submit all required
submittal checklist items that are included in the application packet for the specific permit
type.
(B) The city shall issue a notice of application in accordance with §20.16.230 of this chapter.
(C) The Community and Economic Development Director or his/her designee shall issue the
final administrative decision.
(D) The consolidated permit shall be processed in accordance with §20.16.270(a)(2).
(E) The fees shall be those adopted by the city’s current fee schedule resolution adopted by
city council for the permit types being processed.
(F) An appeal of the administrative decision issued by the Community and Economic
Development Department shall be processed in accordance with §20.20 (Appeals,
Variances, Interpretations).
(G) The city encourages all developers and/or applicants to schedule a general information
meeting or preapplication conference in accordance with §20.16.130 of this chapter.
(H) The determination of consistency of the development project shall be made through one
written permit decision that includes all regulations of the specific permit types.
(I) One notice of decision shall be made meeting the requirements of §20.16.275 of this
chapter.
(3) Permits that require public notice and a public hearing:
(A) In order to receive a complete application, the developer shall submit all required
submittal checklist items that are included in the application packet for the specific permit
type.
(B) The city shall issue a notice of application in accordance with §20.16.230 of this chapter.
(C) The Hearing Examiner shall issue the final decision after a public hearing is held.
(D) The consolidated permit shall be processed in accordance with §20.16.270(a)(3).
(E) The fees shall be those adopted by the city’s current fee schedule resolution adopted by
city council for the permit types being processed.
(F) An appeal of the decision issued by the Hearing Examiner shall be processed in
accordance with §20.20 (Appeals, Variances, Interpretations).
(G) The city encourages all developers and/or applicants to schedule a general information
meeting or preapplication conference in accordance with §20.16.130 of this chapter.
(H) The determination of consistency of the development project shall be made through one
written staff report and recommendation that includes all regulations of the specific permit
types.
(I) One notice of decision shall be made meeting the requirements of §20.16.275 of this
chapter.
20.16.170 Completing Developments in Phases.
(a) If a development is constructed in phases or stages in accordance with this section, then, subject to
Subsection (c), the provisions of §20.16.320 (No Occupancy, Use, or Sale of Lots Until
Requirements Fulfilled) and §20.16.340 (Authorizing Use, Occupancy, or Sale Before Completion
of Development Under Special Use or Conditional Use Permits) shall apply to each phase as if it
were the entire development.
(b) As a prerequisite to taking advantage of the provisions of Subsection (a), the developer shall submit
plans that clearly show the various phases or stages of the proposed development and the
requirements of this title that will be satisfied with respect to each phase or stage.
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(c) If a development that is to be built in phases or stages includes improvements that are designed to
relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts
in a residential development) then, as part of his application for development approval, the
developer shall submit a proposed schedule for completion of such improvements. The schedule
shall relate completion of such improvements to completion of one or more phases or stages of the
entire development. Once a schedule has been approved and made part of the permit by the
permit-issuing authority, no land may be used, no buildings may be occupied, and no subdivision
lots may be sold except in accordance with the schedule approved as part of the permit, provided
that:
(1) If the improvement is one required by this Title then the developer may utilize the provisions
of §20.16.340(a) or §20.16.340(c),
(2) If the improvement is an amenity not required by this title or is provided in response to a
condition imposed by the board, then the developer may use the provisions of §20.16.340(b).
20.16.180 Applications to be Processed Expeditiously.
Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary
costs on the appellant or applicant, the city shall make every reasonable effort to process appeals and
permit applications as expeditiously as possible, consistent with the need to ensure that all development
conforms to the requirements of this article.
Part II. Permit Review Procedures
20.16.200 Applications to Be Complete.
(a) All applications for zoning, special use, conditional use, or administrative conditional use, or sign
permits must be complete before the permit-issuing authority is required to consider the application.
(b) Subject to Subsection (c), an application is complete when it contains all of the information that is
necessary for the permit-issuing authority to decide whether or not the development, if completed
as proposed, will comply with all of the requirements of this title, including a Master Permit Land
Use Application Form signed by both the applicant and the property owner. Generally, an
application will be considered complete if it contains all the elements of the list of submission
requirements (prepared by the Community and Economic Development Director, as authorized in
Subsection (e) and they substantially meet the City’s standards for such documents (i.e., they
contain all the relevant sections, information, and analyses typically required in such documents).
This is not to say that errors in the documents or differences of opinion shall constitute
incompleteness; such issues may be worked out through the review process or may constitute
reasons for denial.
(c) In this title, detailed or technical design requirements and construction specifications relating to
various types of improvements (streets, sidewalks, etc.) are set forth in one or more of the
administratively adopted policies authorized by this title. It is not necessary that the application
contain the type of detailed construction drawings that would be necessary to determine compliance
with these appendices, so long as the plans provide sufficient information to allow the permit-
issuing authority to evaluate the application in the light of the substantive requirements set forth in
the text of this Title.
However, whenever this Title or a condition of a permit requires a certain element of a development
to be constructed in accordance with the detailed requirements set forth in one or more of these
administratively adopted polices or other specified standards, then no construction work on such
element may be commenced until detailed construction drawings have been submitted to and
approved by the Public Works Director. Failure to observe this requirement may result in permit
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City of Arlington 20.16 - 8 Revised October 2022July 2024
revocation, denial of final subdivision plat approval, or other penalty as provided in §20.28
(Enforcement and Review).
(d) The presumption established by this title is that all the information set forth in the administrative
guidelineapplication submittal requirements specifying the information required with applications
is necessary to satisfy the requirements of this section. However, it is recognized that each
development is unique, and therefore the permit-issuing authority may allow less information or
require more information to be submitted according to the needs of the particular case. Generally,
the applicant may rely on the recommendations of the Community and Economic Development
Director as to whether more or less information than that set forth in the administrative guideline
entitled “Information Required with Applications” application submittal requirements should be
submitted; however, the permit-issuing authority reserves the right to require more information if
needed to make a decision.
(e) The Community and Economic Development Director shall develop application forms, a list of
submission requirements, instructional sheets, checklists, or other techniques or devices to assist
applicants in understanding the application requirements and the form and type of information that
must be submitted. In classes of cases where a minimal amount of information is necessary to enable
the Community and Economic Development Director to determine compliance with this title, such
as applications for zoning permits to construct single-family or two-family houses, or applications
for sign permits, the Community and Economic Development Director shall develop standard forms
that will expedite the submission of the necessary plans and other required information.
20.16.205 Complete Application.
(a) Upon receipt of a formal application for a zoning, special use, or conditional use permit,
administrative conditional use permit, or plat approval, the Community and Economic
Development Director shall review the application and, at his/her discretion, confer with the
applicant to ensure that the planning staff’s interpretation of the applicable requirements of this title
is understood, that he has submitted all of the information that he intends to submit, and that the
application represents precisely and completely what he proposes to do.
(b) The Community and Economic Development Director will process the permit application
concurrently with the SEPA process.
(c) Within twenty-eight (28) calendar days after receiving a permit application, the Community and
Economic Development Director shall email, mail or provide in person a written determination to
the applicant, stating either:
(1) That the application is complete; or,
(2) That the application is incomplete and what is necessary to make the application completethat
the procedural submission requirements of the city have not been met. The determination shall
outline what is necessary to make the application procedurally complete. To the extent known,
the Community and Economic Development Director shall identify other agencies of local,
state, or federal governments that may have jurisdiction over some aspect of the application.
(d) A project permit application is complete for purposes of this section when it meets the procedural
submission requirements of the city, as outlined on the project permit application. Additional
information may be undertaken subsequent to the procedural review of the application by the city.
The determination of completeness shall not preclude the city from requesting additional
information or studies either at the time of the notice of completeness or subsequently if new
information is required or substantial changes in the proposed action occur. However, if the
procedural submission requirements, as outlined on the project permit application have been
provided, the need for additional information or studies may not preclude a completeness
determination.
(e) The determination of completeness may include or be combined with the following:
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(1) A preliminary determination of those development regulations that will be used for project
mitigation;
(2) A preliminary determination of consistency, as provided under RCW 36.70B.040;
(3) Other information the city chooses to include; or
(4) The notice of application pursuant to the requirements in RCW 36.70B.110.
(d)(f) The application is shall be deemed procedurally complete on the twenty-nineth (29th) calendar
day after receiving a project permit application under this section if the City does not provide a
written determination to the applicant that the application is procedurally incomplete as provided
in Subsection (c) of this section. When the city does not provide a written determination, they may
still seek additional information, or studies as provided for in Subsection (d) of this section.
(g) Within fourteen (14) days after an applicant has submitted to the Community and Economic
Development Director the additional information identified as being necessary for a complete
application, the Community and Economic Development Director shall notify the applicant whether
the application is complete or what additional information is necessary.
(e)(h) The notice of application shall be provided within 14 days after the determination of
completeness pursuant to RCW 36.70B.110.
20.16.210 Burden of Presenting Evidence; Burden of Persuasion.
(a) The burden of presenting a complete application (as described in §20.16.200, Applications To Be
Complete) to the permit-issuing authority shall be upon the applicant. However, unless prior to the
time that a decision is made the permit-issuing authority informs the applicant in what way the
application is incomplete and offers the applicant an opportunity to complete the application, the
application shall be presumed to be complete.
(b) Once a completed application has been submitted, the burden of presenting evidence to the permit-
issuing authority sufficient to lead it to conclude that the application should be denied for any
reasons stated in §20.16.225 (Special Use Permits and Conditional Use Permits) shall be upon the
party or parties urging this position, unless the information presented by the applicant in his
application and at the public hearing is sufficient to justify a reasonable conclusion that a reason
exists to so deny the application.
(c) The burden of persuasion on the issue of whether the development, if completed as proposed, will
comply with the requirements of this title remains at all times on the applicant.
20.16.215 Distribution of Application.
Upon receipt of a zoning, special use, or conditional use, or administrative conditional use permit
application, the Planning Official shall, in addition to all interested City Departments, send a copy of
the application to the authorities and agencies reviewing or furnishing water, fire, school, and sanitary
sewer service to the proposed project.
20.16.220 Zoning Permits and Administrative Conditional Use Permits.
(a) A completed application form for a zoning or administrative conditional use permit shall be
submitted to the Community and Economic Development Director by filing a copy of the
application with the planning department.
(b) The Community and Economic Development Director shall issue the zoning or administrative
conditional use permit unless he or she finds, after reviewing the application and consulting with
the applicant as provided in §20.16.130 (Staff Consultation Before Formal Application), that:
(1) The requested permit is not within his jurisdiction according to the Table of Permissible Uses,
or
(2) The application is incomplete, or
(3) If completed as proposed in the application, the development will not comply with one or more
requirements of this title (not including those requirements concerning which a variance has
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been granted or those the applicant is not required to comply with under the circumstances
specified in §20.32, Nonconforming Situations), or
(4) The proposed project has not complied with SEPA, or
(5) The proposed project is not in conformance with the Comprehensive Plan or other adopted
plans, regulations, or policies.
(c) In considering the permit application, the Community and Economic Development Director shall
not consider the following issues, which have already been decided by the City Council through
their previous actions of adopting the Comprehensive Plan and Land Use Code:
(1) Whether the proposed use, if identified by §20.40 Permissible Uses as a permissible use in the
zoning district, should be a permissible use;
(2) Whether the proposed residential densities, if identified by §20.48 Density and Dimensional
Regulations) as a permissible density in the zoning district, should be allowed;
(3) Whether public facilities identified in the Comprehensive Plan are available and adequate, if
the plan or development regulations provide for funding of these facilities as required by 36.70A
RCW.
(d) Except as specified in Subsection (b), if the Community and Economic Development Director
decides that if it would be in the best interest of the project and/or community to provide notice of
the project, he or she shall, at least ten days before taking final action on the permit request, send a
written notice to those persons who have listed for taxation real property any portion of which is
within 500 feet of the lot that is the subject of the application, informing them that:
(1) An application has been filed for a permit authorizing identified property to be used in a
specified way,
(2) All persons wishing to comment on the application should contact the Community and
Economic Development Director by a certain date, and
(3) Persons wishing to be informed of the outcome of the application should send a written request
for such notification to the Community and Economic Development Director.
(e) In the case of zoning permits for minor subdivisions, binding site plans, and unit lot subdivisions,
the Community and Economic Development Director shall always issue public notice as
described in Subsection (d).
20.16.225 Special Use Permits and Conditional Use Permits.
(a) An application for a special use permit shall be submitted to the Community and Economic
Development Director or Hearing Examiner, whomever shall be the decision-maker as per
subsection (b), by filing a copy of the application with the Community and Economic Development
Director in the planning department. An application for a conditional use permit shall be submitted
to the Hearing Examiner by filing a copy of the application with the Community and Economic
Development Director in the planning department.
(b) Decisions on special use permits are:
(1) Made by the Community and Economic Development Director unless any interested party
requests a hearing before the Hearing Examiner by the close of the review period of the Notice
of Application Filed, required per §20.16.230 (Notice of Application Filed).
(2) Made by the Hearing Examiner if a hearing is requested, in which case the Community and
Economic Development Director shall forward the Special Use Permit application, along with
a staff report and recommendation to said board for their consideration.
(c) Subject to Subsection (d), the designated decision-maker shall issue the requested permit unless it
concludes, based upon the information submitted at a hearing if there is a hearing or by signed letter
if there is not, that:
(1) The requested permit is not within its jurisdiction according to the Table of Permissible Uses,
or
(2) The application is incomplete, or
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(3) If completed as proposed in the application, the development will not comply with one or more
requirements of this Title (not including those the applicant is not required to comply with under
the circumstances specified in §20.32, (Nonconforming Situations), or
(4) The proposed project has not complied with SEPA, or
(5) The proposed project is not in conformance with the Comprehensive Plan, Transportation Plan,
or other adopted plans, regulations, or policies.
(d) Even if the permit-issuing authority finds that the application complies with all other provisions of
this title, it may still deny the permit if it concludes, based upon the information submitted at the
hearing, that if completed as proposed, the development, more probably than not:
(1) Will materially endanger the public health or safety, or
(2) Will materially harm adjoining or abutting property,
(3) In terms of design and use will not be compatible with the area in which it is located.
(e) In considering the permit application, the Community and Economic Development Director or
Hearing Examiner shall not consider the following issues, which have already been decided by the
City Council through their previous actions of adopting the Comprehensive Plan and Land Use
Code:
(1) Whether the proposed use, if identified by §20.40. (Permissible Uses) as a permissible use in
the zoning district, should be a permissible use;
(2) Whether the proposed residential densities, if identified by §20.48. (Density and Dimensional
Regulations) as a permissible density in the zoning district, should be allowed;
(3) Whether public facilities identified in the Comprehensive Plan are available and adequate, if
the plan or development regulations provide for funding of these facilities as required by 36.70A
RCW.
20.16.230 Notice of Application Filed.
(a) The Community and Economic Development Director shall give public notice of any application
filed for a special or conditional use permit or a variance by issuing, distributing, and advertising a
“Notice of Application Filed” as follows:
(1) Notice shall be given to the appellant or applicant and any other person who makes a written
request for such notice by mailing and/or emailing to such persons a written notice not later
than fourteen days after the determination of complete application has been made per
§20.16.205 (Complete Application).
(2) Notice shall be given to neighboring property owners by mailing a written “Notice of
Application Filed” within fourteen days after the determination of complete application has
been made per §20.16.205 (Complete Application) to those persons who have listed for taxation
real property any portion of which is located within five hundred feet of the lot that is the subject
of the application or appeal or, where the owner of the subject parcel owns other contiguous
lots not under application, within five hundred feet of all contiguously owned lots.
(3) A copy will be posted on the official notification boards of the City.
(4) A copy will be posted on the City’s website on the public notice page.
(5) A copy will be sent to appropriate city or county officials if the proposed project adjoins their
jurisdiction or has potential impacts on their capital improvements or services.
(6) A copy will be sent to the State Department of Transportation if the proposed project is adjacent
to the right-of-way of a state highway or has potential impacts on their facilities or Level of
Service.
(7) A copy will be sent to all other agencies with jurisdiction.
(8) Notice shall be given to other potentially interested persons by publishing a notice one time in
a newspaper having general circulation in the area.
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(9) The applicant city shall erect post public notice signs, of a format approved by the Community
and Economic Development Director, as soon as possible after the determination of complete
application has been made per §20.16.205 (Complete Application) as follows:
(A) A copy of the notice described in Subsection (10) shall be attached to each sign.
(B) One sign shall be erected on the subject property facing and readable from each accessible
public right-of-way adjacent to the subject property.
(10) The notice required by this section shall provide the following information:
(A) The date of application, the date of issuance of the “Notice of Complete Application,” and
the date of issuance of the “Notice of Application Filed.”
(B) The date, time, and place of any neighborhood meeting held pursuant to §20.16.235
(Neighborhood Meetings for Conditional Use Permits Required);
(C) Any person’s right to request a hearing on the matter, with an explanation that the decision
is administrative (made by the Community and Economic Development Director) unless
a hearing is requested as per §20.16.225 (Special Use Permits and Conditional Use
Permits);
(D) Reasonable identification of the lot that is the subject of the application or appeal (give
the street address of the property, or if this is not available, a locational description in non-
legal language);
(E) A brief description of the action requested or proposed, including the number of lots
proposed for a subdivision, and any proposed modifications or variances;
(F) A list of all permits required in the application;
(G) The name of the applicant and the proposed project;
(H) The official file number and a statement of its availability for review, including any
existing studies, environmental documents, or other material related to the project;
(I) If applicable, a list of any studies requested;
(J) A list of other permits required by other agencies with jurisdiction, to the extent known
by the City;
(K) A statement of the right of any person to submit written testimony to the appropriate
permit-issuing authority and to appear at any public meeting or hearing on the project to
give testimony orally;
(L) The dates of the public comment period that include the first and last date and time by
which public comment may be submitted;
(M) A statement of the right of any person to receive notice of and participate in any hearings
and request a copy of the decision once made;
(N) An explanation of appeal rights and procedure;
(O) The date, time, place and type of hearing if any hearing has been scheduled at the time;
(P) A statement of any preliminary determination, if one has been made, of those
development regulations that will be used for project mitigation and of consistency; and,
(Q) A statement announcing the City's goal of complying with the intent of the American
Disabilities Act, announcing accessibility, offer of assistance to persons with special
needs, and availability of TDD services.
(b) If the Responsible Official issues a Determination of Significance on the project concurrently with
the notice of application, then the notice of application shall be combined with the Notice of
Determination of Significance and EIS Scoping Notice.
(c) The public shall have fourteen days in which to make comments on the application regarding the
completeness of the application, the quality or quantity of the information presented, the project’s
conformance to applicable plans or code, and, in the case of a variance or Special Use Permit, the
request for a public hearing. Where a public hearing is required or requested, comments addressing
the project’s conformance to applicable plans or code will continue to be accepted until the close
of the public hearing.
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20.16.235 Neighborhood Meetings for Conditional Use Permits Required.
(a) All applications for conditional use permits shall be publicly scoped through a public neighborhood
meeting. Upon receiving an application for a conditional use permit the Community and Economic
Development Director shall schedule a scoping meeting to occur within one month of receipt but
should be held at the earliest time possible while allowing for adequate noticing as per Subsection
(c).
(b) Neighborhood meetings shall generally be held between five and six thirty PM just prior to a
scheduled Planning Commission meeting on a Tuesday, Wednesday, or Thursday, to ensure the
availability of the most participants, unless circumstances require otherwise.
(c) A “Notice of Application Filed” shall be distributed and advertised per §20.16.230 (Notice of
Application Filed).
(d) The intent of neighborhood meetings shall be to involve the public as early as possible in the permit
process, so that potential issues are raised at the beginning, rather than the end, of the permit process
and that solutions may be found during the process. To this end, the meeting shall be an informal
gathering of interested parties, at which (i) a brief presentation of the project shall be made by the
applicant (or the Community and Economic Development Director if the applicant is not present);
(ii) the Community and Economic Development Director will raise any potential issues; and (iii)
any participant may raise any potential issues relevant to the project. Solutions to any potential
problems need not be found at this point but may be discussed. The Community and Economic
Development Director shall take notes of the issues raised in the neighborhood meeting and place
a record of them in the official file of the project.
(e) Participation or lack of participation in a neighborhood meeting in no way limits an applicant's, the
City’s, or any other person’s standing to participate in later processes or required hearings on the
permit application.
20.16.240 Time Limit for Resubmitting Additional Information.
If while processing a permit the Community and Economic Development Director or hearing body
requests additional information or revised plans necessary to continue processing the permit or for
determining consistency with this Title, the applicant shall submit such information or revised plans
within sixty (60) days of the request. An extension of this deadline may be granted by the requesting
authority if it is determined that the time is not adequate given the information requested, however this
may result in an extension to the established time limits for permit processing per 20.16.270(d). If an
extension is requested the applicant shall provide to the city in writing the reasons for the extension of
the deadline. The extension request must be received a minimum of five (5) working days prior to the
deadline.
20.16.245 Recommendations on Special Use or Conditional Use Permit Applications.
(a) When presented to the Community and Economic Development Director for an administrative
decision or to the Hearing Examiner at a hearing, the application for a special use or conditional
use permit shall be accompanied by a report setting forth:
(1) The planning staff’s proposed findings concerning the application’s compliance with
§20.16.200 (Applications To Be Complete) and the other requirements of this title,
(2) All decisions and recommendations made as of the date of the report on all project permits
included in the consolidated permit process that do not require an open record pre-decision
hearing,
(3) A statement referencing the Responsible Official’s Threshold Determination,
(4) Any mitigation required or proposed under the City’s SEPA authority,
(5) As well as any staff recommendations for additional requirements to be imposed by the permit-
issuing authority.
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(b) The report may be the land use permit.
(c) If the staff proposes a finding or conclusion that the application fails to comply with §20.16.200
(Applications To Be Complete) or any other requirement of this title, it shall identify the
requirement in question and specifically state supporting reasons for the proposed findings or
conclusions.
(d) The permit-issuing authority may, by general rule applicable to all cases or any class of cases, or
on a case-by-case basis, refer applications to the next higher decision-making level to obtain its
recommendations.
20.16.250 Community and Economic Development Director or Hearing Examiner Action on Special
Use Permits.
In considering whether to approve an application for a special use permit, the Community and
Economic Development Director or Hearing Examiner, whichever is the appropriate permit-issuing
authority per §20.16.225 (Special Use Permits and Conditional Use Permits), shall proceed in the same
manner as the Hearing Examiner when considering conditional use permit applications §20.16.255
(Hearing Examiner Action on Conditional Use Permits).
(a) The permit-issuing authority shall consider whether the application is complete. If the permit-
issuing authority concludes that the application is incomplete and the applicant refuses to provide
the necessary information, the application shall be denied. A finding to this effect shall specify
either the particular type of information lacking or the particular requirement with respect to which
the application is incomplete. If a finding to this effect is not made this shall be taken as an
affirmative finding by the permit-issuing authority that the application is complete.
(b) The permit-issuing authority shall consider whether the application complies with all of the
applicable requirements of this title. If a finding to this effect is made, the permit-issuing authority
need not make further findings concerning such requirements. If such a finding is not made, then a
finding shall be made that the application is not in compliance with one or more requirements of
this title. Such a finding shall specify the particular requirements the application fails to meet. A
separate finding may be made with respect to each requirement not met by the application. It shall
be conclusively presumed that the application complies with all requirements not found by the
permit-issuing authority to be unsatisfied through this process. As provided in §20.16.225 (Special
Use Permits and Conditional Use Permits), if the permit-issuing authority concludes that the
application fails to meet one or more of the requirements of this title, the application shall be denied.
(c) In response to concerns expressed by the permit-issuing authority, planning staff, or public
testimony, the applicant may modify his application during the hearing, and the planning staff may
likewise revise its recommendations. If a project is modified in such a manner as to make the
proposed use more intense, then the project shall be denied without prejudice and a new application
shall be filed. The new application shall conform to the standards and procedures of this Title.
(d) If the permit-issuing authority concludes that all such requirements are met, it shall issue the permit
unless it makes a finding to deny the application for one or more of the reasons set forth in
Subsection 20.16.225 (d) (Special Use Permits and Conditional Use Permits). If the application is
denied for such reasons, the permit-issuing authority shall make specific findings, based upon the
evidence submitted, justifying such a conclusion.
20.16.255 Hearing Examiner Action on Conditional Use Permits.
(a) When presented to the Hearing Examiner, the application for a conditional use permit shall be
accompanied by a report setting forth the planning staff’s proposed findings concerning the
application’s compliance with §20.16.200 (Applications To Be Complete) and other requirements
of this title, as well as any staff recommendations for additional requirements to be imposed by the
Hearing Examiner.
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(b) If the staff proposes a finding or conclusion that the application fails to comply with §20.16.200
(Applications To Be Complete) or any other requirement of this title, it shall identify the
requirement in question and specifically state supporting reasons for the proposed findings or
conclusions.
(c) The Hearing Examiner shall consider the application and the attached staff report in a timely fashion
and hear from the applicant or interested members of the public. (Notice to the adjoining property
owners is provided for in §20.24.020 Public Notice.) The Hearing Examiner, at his discretion, may
limit testimony in duration and/or number of times.
(d) In response to concerns expressed by the Hearing Examiner, planning staff, or public testimony,
the applicant may modify his application during the hearing, and the planning staff may likewise
revise its recommendations. If a project is modified in such a manner as to make the proposed use
more intense, then the project shall be denied without prejudice and a new application shall be filed.
The new application shall conform to the standards and procedures of this Title.
(e) In considering whether to approve an application for a conditional use permit, the Hearing
Examiner shall proceed according to the following format:
(1) The Hearing Examiner shall consider whether the application is complete. If no evidence is
presented that the application is incomplete (specifying either the particular type of information
lacking or the particular requirement with respect to which the application is incomplete) then
this shall be taken as an affirmative finding by the Hearing Examiner that the application is
complete.
(2) The Hearing Examiner shall consider whether the application complies with all of the applicable
requirements of this title. If a finding to this effect can be made, the Hearing Examiner need not
make further findings concerning such requirements. If such a finding cannot be made, then a
finding shall be made that the application be found not in compliance with one or more of the
requirements of this title. Such a finding shall specify the particular requirements the application
fails to meet. Separate findings may be made with respect to each requirement not met by the
application. It shall be conclusively presumed that the application complies with all
requirements not found by the Hearing Examiner to be unsatisfied through this process.
(3) If the Hearing Examiner concludes that the application fails to comply with one or more
requirements of this title, the application shall be denied. If the Hearing Examiner concludes
that all such requirements are met, he shall issue the permit unless he denies the application for
one or more of the reasons set forth in §20.16.225 (Special Use Permits and Conditional Use
Permits). Specific findings for such a denial must be made, based upon the evidence submitted,
justifying such a conclusion.
20.16.260 Additional Requirements on Zoning, Special Use, and Conditional Use Permits, and
Administrative Conditional Use Permits.
(a) Subject to Subsection (b), in granting a zoning, special, or conditional use, or administrative
conditional use permit, the Community and Economic Development Director or Hearing Examiner,
respectively, may attach to the permit such reasonable requirements in addition to those specified
in this title as will ensure that the development in its proposed location:
(1) Will not endanger the public health or safety,
(2) Will not materially harm adjoining or abutting property,
(3) In terms of design and use will be compatible with the area in which it is located, and
(4) Will be in conformity with the land-use plan, transportation plan, or other plan officially
adopted by the council.
Such reasonable requirements need not be specifically authorized by other Chapters of the AMC
but do need to address specifically identified, project-related impacts.
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(b) The permit-issuing authority may not attach additional conditions that modify or alter the specific
requirements set forth in this code unless the development in question presents extraordinary
circumstances that justify the variation from the specified requirements.
(c) Without limiting the foregoing, the permit-issuing authority may attach to a permit a condition
limiting the permit to a specified duration.
(d) All additional conditions or requirements shall be entered on the permit.
(e) All additional conditions or requirements authorized by this section are enforceable in the same
manner and to the same extent as any other applicable requirement of this title.
20.16.265 Fire Marshal Approval Prior to Issuance of Permits.
No zoning, special use, or conditional use permit shall receive final approval until the Fire Marshal has
verified that the provisions of AMC Title 15 are satisfied.
20.16.270 Time Limits for Permit Processing.
(a) Except as otherwise provided in Subsection (b) of this section, the City shall issue its notice of final
decision on a permit application within one hundred twenty (120) days after the Community and
Economic Development Director notifies the applicant that the application is complete, as provided
in §20.16.205 (Complete Application). In determining the number of days that have elapsed, the
following periods shall be excluded:
(1) Any period during which the applicant has been requested to correct plans, perform required
studies, or provide additional required information. The period shall be calculated from the date
the Community and Economic Development Director notifies the applicant of the need for
additional information until the earlier of the date the Community and Economic Development
Director determines whether the additional information satisfies the request for information or
fourteen (14) days after the date the information has been provided. If the Community and
Economic Development Director determines that the information submitted by the applicant is
insufficient, he shall notify the applicant of the deficiencies and these procedures shall apply as
if a new request for studies had been made;
(2) Any period during which an environmental impact statement (EIS) is being prepared following
a determination of significance (DS) pursuant to the State Environmental Protection Act
(SEPA);
(3) Any period for administrative appeals of project permits;
(4) Any extension of time mutually agreed upon by the applicant and the local government.
(b) The time limits established by Subsection (a) do not apply if a permit application:
(1) Requires an amendment to the Comprehensive Plan or a development regulation;
(2) Requires approval of a new fully contained community as provided in RCW 36.70A.350, a
master planned resort as provided in RCW 36.70A.360, or the siting of an essential public
facility as provided in RCW 36.70A.200; or,
(3) Is substantially revised by the applicant, in which case the time period shall start from the date
at which the revised project application is determined to be complete.
(c) If the City is unable to issue its final decision within the time limits provided herein, the Community
and Economic Development Director shall provide written notice of this fact to the project
applicant. The notice shall include a statement of reasons why the time limits have not been met
and an estimated date for issuance of the notice of final decision.
The City is not liable for damages under this chapter due to the City’s failure to make a final decision
within the above time limits.
(a) The city shall issue the notice of final decision on a permit application or permit type subject to this
chapter within the following time periods:
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(1) A notice of final decision for zoning permits, administrative conditional use permits, and
boundary line adjustments (permits that do not require public notice) shall be issued within 65
days of the determination of complete application. If a variance (requiring a public hearing) is
required with these permit types, that requires public notice, then the final decision shall be
issued within 100 days of the determination of complete application.
(2) A notice of final decision for special use permits, SEPA only permits, variance, minor (nine lots
or less) short plats/subdivisions, binding site plans, and unit lot subdivisions (permits that
require public notice) shall be issued within 100 days of the determination of complete
application. If a variance (requiring a public hearing) is required or if a hearing is requested as
part of the special use permit process, then the special use permit final decision shall be issued
within 170 days of the determination of complete application.
(3) A notice of final decision for conditional use permits, major (ten lots or more)
plats/subdivisions, binding site plans, and unit lot subdivisions (permits that require public
notice and public hearings) shall be issued within 170 days of the determination of complete
application.
(b) The number of days an application is in review with the city shall be calculated from the day
completeness is determined under RCW 36.70B.070 to the date a final decision is issued on the
project permit application. The number of days shall be calculated by counting every calendar day
and excluding the following time periods:
(1) Any period between the day that the city has notified the applicant, in writing, that additional
information is required to further process the application and the day when responsive
information is resubmitted by the applicant.
(2) Any period after an applicant informs the local government, in writing, that they would like to
temporarily suspend review of the project permit application until the time that the applicant
notifies the local government, in writing, that they would like to resume the application, subject
to 20.16.270(d).
(3) Any period after an administrative appeal is filed until the administrative appeal is resolved
and any additional time period provided by the administrative appeal has expired.
(4) Any period during which an environmental impact statement (EIS) is being prepared following
a determination of significance (DS) pursuant to the State Environmental Protection Act
(SEPA).
(5) Any extension of time mutually agreed upon by the applicant and the city.
(c) The time periods for the city to process a permit shall start over if an applicant proposes a change
in use that adds or removes commercial or residential elements from the original application that
would make the application fail to meet the determination of procedural completeness for the new
use.
(d) If, at any time, an applicant informs the city, in writing, that the applicant would like to temporarily
suspend the review of the project for more than 60 days, or if an applicant is not responsive for
more than 60 consecutive days after the city has notified the applicant, in writing, that additional
information is required to further process the application, an additional 30 days may be added to
the time periods for the city to issue a final decision for each type of project permit that is subject
to this chapter. Any written notice from the city to the applicant that additional information is
required to further process the application must include a notice that nonresponsiveness for 60
consecutive days may result in 30 days being added to the time for review. For the purposes of this
subsection, “nonresponsiveness” means that the applicant is not making demonstrable progress on
providing additional requested information to the city, or that there is no ongoing communication
from the applicant to the city on the applicant’s ability or willingness to provide the additional
information.
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City of Arlington 20.16 - 18 Revised October 2022July 2024
(e) The city has included the following project review and code provisions in accordance with RCW
36.70B.160 to provide prompt, coordinated review to ensure accountability to applicants and the
public:
(1) Expedited review for project permit applications for projects that are consistent with adopted
development regulations.
(A) Projects that do not have public notice and are submitted as complete applications shall
take priority over other projects.
(2) The city is maintaining and budgeting for on-call permitting assistance for when permit volumes
or staffing levels change rapidly.
(3) The city has new positions budgeted that are contingent on increased permit revenue.
(4) The city has regulations which only require public hearings for permit applications that are
required to have a public hearing.
(5) The city has development regulations which encourage preapplication meetings but does not
require the meeting prior to permit application submittal.
(6) The city shall meet with the applicant to attempt to resolve outstanding issues during the review
process. The meeting shall be scheduled within fourteen (14) days of a second request for
corrections during the permit review. If the meeting cannot resolve the issues and the city
proceeds with a third request for additional information or corrections, the local government
must approve or deny the application upon receiving the additional information or corrections.
(f) The city shall prepare and provide an annual performance report that includes information outlining
time periods for certain permit types associated with housing to the Department of Commerce in
accordance with RCW 36.70B.080.
20.16.275 Notice of Final Decisions.
(a) Following the completion of any hearing, procedure, or administrative decision, the permit
application shall be approved, approved with conditions, remanded, or denied and a written notice
of decision shall be issued within five calendar days. The notice of decision shall include the final
determination of approval or denial of the project, a statement of any threshold determination made
under SEPA, and the procedure to appeal the notice of decision.
(1) For Zoning Permit and Administrative Conditional Use Permit applications, a published notice
of decision is not required. However, a memorandum or completed project checklist shall be
placed in the permit file containing findings describing how the application was
consistent/inconsistent with applicable zoning regulations and development standards.
(2) For Special Use Permit and Conditional Use Permit applications, a notice of decision shall be
mailed or emailed to all parties of record, which shall include the applicant and each person
who participated in the public hearing or who submitted comments during the public comment
period at any time prior to the issuance of the decision. The notice of decision shall be posted
on the city’s website under public notices.
(b) The notice of decision shall be attached and included with the Community and Economic
Development Director’s permit decision or the Hearing Examiner’s decision.
(c) If the city is unable to issue its notice of decision within the allotted time frame, it shall provide
written notice to the project applicant including the reasons the time limits have not been met and
an estimated date for issuance of the notice of decision. The time limits established in this chapter
do not apply if a permit application requires:
(1) An amendment to the Comprehensive Plan or development regulations; or
(2) Substantial revisions by the applicant, in which case the time period shall start from the date at
which the revised project application is determined to be complete.
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20.16.280 Expiration of Permits.
(a) Zoning (other than for preliminary minor plats), special use, and conditional use (other than for
preliminary major plats), and sign permits shall expire automatically if, within two years after the
issuance of such permits:
(1) The use authorized by such permits has not commenced, in circumstances where no substantial
construction, erection, alteration, excavation, demolition, or similar work is necessary before
commencement of such use, or
(2) Less than ten percent of the total cost of all construction, erection, alteration, excavation,
demolition, or similar work on any development authorized by such permits has been completed
on the site. With respect to phased development (see §20.16.170, Completing Developments in
Phases), this requirement shall apply only to the first phase.
(b) Administrative Conditional Use Permit shall expire one year after the issuance of such permit.
(b)(c) Zoning permits for preliminary minor plats or conditional use permits for major plats shall
expire automatically if, within five years after the issuance of such permits:
(1) The plat has not been submitted for final plat, or
(2) A one-year extension has not been granted per Subsection (e).
(c)(d) If, after some physical alteration to land or structures begins to take place, such work is
discontinued for a period of one year, then the permit authorizing such work shall immediately
expire. However, expiration of the permit shall not affect the provisions of §20.16.350 (Effect of
Permit on Successors and Assigns).
(d)(e) For zoning, special use, and conditional use other than for preliminary minor or major
subdivisions, and sign permits the permit-issuing authority may extend for a period up to twelve
months the date when a permit would otherwise expire pursuant to Subsections (a) or (b) if it
concludes that: (i) the request was delivered in writing to the Planning Community and Economic
Development Department at least thirty (30) calendar days prior to the permit’s expiration date, (ii)
the permit recipient has proceeded with due diligence and in good faith, and (iii) conditions have
not changed so substantially as to warrant a new application. Successive extensions may be granted
for periods up to twelve months upon the same findings. All such extensions may be granted without
resort to the formal processes and fees required for a new permit, though a fee may be set by
resolution for the processing of extensions.
(e)(f) For permits for preliminary minor or major subdivisions the permit-issuing authority may
extend for a period of 1 year from the date when a permit would otherwise expire pursuant to
Subsections (a) or (b) if it concludes that (i) the request was delivered in writing to the Planning
Department at least thirty calendar days prior to the permit's expiration, (ii) the permit recipient has
proceeded with due diligence and in good faith, and (iii) conditions have not changed so
substantially as to warrant a new application. Successive extensions may not be granted. All such
extensions may be granted without resort to the formal processes and fees required for a new permit,
though a fee may be set by resolution for the processing of extensions. Once a permit for a minor
or major subdivision expires the subdivision may not be finaled and/or recorded.
(f)(g) For purposes of this section, the permit within the jurisdiction of the Hearing Examiner is issued
when he decides to approve the application and issue the permit. A permit within the jurisdiction
of the Community and Economic Development Director is issued when the earlier of the following
takes place:
(1) A copy of the fully executed permit is delivered to the permit recipient, and delivery is
accomplished when the permit is hand-delivered, or mailed, or emailed to the permit applicant;
or
(2) The Community and Economic Development Director notifies the permit applicant that the
application has been approved and that all that remains before a fully executed permit can be
delivered is for the applicant to take certain specified actions.
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City of Arlington 20.16 - 20 Revised October 2022July 2024
(g)(h) Notwithstanding any of the provisions of §20.32 (Nonconforming Situations), this section shall
be applicable to permits issued prior to the date this section becomes effective.
Part III. Post Permit Requirements
20.16.300 Reconsideration of Permit-Issuing Authority’s Action.
(a) Except as pursuant to Subsection (b), whenever (i) the Hearing Examiner disapproves a conditional
use permit application, or (ii) the Community and Economic Development Director or Hearing
Examiner disapproves an application for a special use permit or a variance, on any basis other than
the failure of the applicant to submit a complete application, such action may not be reconsidered
by the respective permit-issuing authority at a later time unless the applicant clearly demonstrates
that:
(1) Circumstances affecting the property that is the subject of the application have substantially
changed, or
(2) New information is available that could not with reasonable diligence have been presented at a
previous hearing.
(b) Whenever the permit-issuing authority approves or disapproves a permit application or variance the
respective permit-issuing authority may reconsider such action if either the applicant or a party of
record clearly demonstrates that in the written decision for the permit or variance either a finding
of fact or testimony has been incorrectly recorded.
(c) A request to be heard for reconsideration on this basis must be filed with the Community and
Economic Development Director within the time period for an appeal to superior court (see
§20.28.060, Judicial Review). However, such a request does not extend the period within which an
appeal must be taken.
(d) Notwithstanding Subsection (a), the Hearing Examiner or Community and Economic Development
Director may at any time consider a new application affecting the same property as an application
previously denied. A new application is one that differs in some substantial way from the one
previously considered.
20.16.310 Appeal of Permits and Final Plats.
(a) The action of the community and economic development director in granting or denying a permit
or final plat may be reviewed for unlawful, arbitrary, capricious, or corrupt action to the hearing
examiner. The petition for review must be filed within fourteen calendar days of the notice of final
decision issued by the city (see §20.24 Appeals).
(b) The action of the hearing examiner in granting or denying a special use or conditional use permit
may be reviewed for unlawful, arbitrary, capricious, or corrupt action to Snohomish County
Superior Court. The petition for review must be filed within twenty-one calendar days of the notice
of final decision issued by the city (see §20.24 Appeals).
20.16.320 No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled.
Issuance of a conditional use, special use, or zoning permit, or administrative conditional use permit
authorizes the recipient to commence the activity resulting in a change in use of the land or (subject to
obtaining a building permit) to commence work designed to construct, erect, move, or substantially
alter buildings or other substantial structures or to make necessary improvements to a subdivision.
However, except as provided in §20.16.330 (Authorizing Use or Occupancy Before Completion of
Development Under Zoning Permit), §20.16.340 (Authorizing Use, Occupancy, or Sale Before
Completion of Development Under Special Use or Conditional Use Permits), and §20.16.170
(Completing Developments in Phases), the intended use may not be commenced, no building may be
occupied, and in the case of subdivisions, no lots may be sold until all of the requirements of this title
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and all additional requirements imposed pursuant to the issuance of a conditional use, or special use,
zoning, or administrative conditional use permit have been complied with.
20.16.330 Authorizing Use or Occupancy Before Completion of Development Under Zoning Permit.
In cases when, because of weather conditions or other factors beyond the control of the zoning permit
recipient (exclusive of financial hardship), it would be unreasonable to require the zoning permit
recipient to comply with all of the requirements of this title prior to commencing the intended use of
the property or occupying any buildings, the Community and Economic Development Director may
authorize the commencement of the intended use or the occupancy of buildings (insofar as the
requirements of this title are concerned) if the permit recipient provides a performance bond or other
security satisfactory to the Community and Economic Development Director to ensure that all of the
requirements of this title will be fulfilled within a reasonable period (not to exceed twelve months)
determined by the Community and Economic Development Director.
20.16.340 Authorizing Use, Occupancy, or Sale Before Completion of Development Under Special
Use or Conditional Use Permits.
(a) In cases when, because of weather conditions or other factors beyond the control of the special use
or conditional use permit recipient (exclusive of financial hardship) it would be extremely
unreasonable to require the permit recipient to comply with all of the requirements of this title
before commencing the intended use of the property or occupying any buildings or selling lots in a
subdivision, the Community and Economic Development Director, in consultation with the Public
Works Director and building official, may authorize the commencement of the intended use or the
occupancy of buildings or the sale of subdivision lots (but, in the case of subdivisions, not before
the subdivision is finaled and recorded) (insofar as the requirements of this title are concerned) if
the permit recipient provides a performance bond or other security satisfactory to the board to
ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed
twelve months).
(b) When the permit issuing authority imposes additional requirements upon the permit recipient in
accordance with §20.16.260 (Additional Requirements on Zoning, Special Use, and Conditional
Use Permits) or when the developer proposes in the plans submitted to install amenities beyond
those required by this title, the Community and Economic Development Director, in consultation
with the Public Works Director and building official, may authorize the permittee to commence the
intended use of the property or to occupy any building or to sell any subdivision lots before the
additional requirements are fulfilled or the amenities installed (but, in the case of subdivisions, not
before the subdivision is finaled and recorded) if it specifies a date by which or a schedule according
to which such requirements must be met or each amenity installed and if it concludes that
compliance will be ensured as the result of any one or more of the following:
(1) A performance bond or other security satisfactory to the Community and Economic
Development Director is furnished,
(2) A condition is imposed establishing an automatic expiration date on the permit, thereby
ensuring that the permit recipient’s compliance will be reviewed when application for renewal
is made,
(3) The nature of the requirements or amenities is such that sufficient assurance of compliance is
given by §20.28.040 (Penalties and Remedies for Violations) and §20.28.050 (Permit
Revocation).
(c) With respect to subdivisions in which the developer is selling only undeveloped lots, the council
Community and Economic Development Department may authorize final plat approval and the sale
of lots before all the requirements of this title are fulfilled if the subdivide provides a performance
bond or other security satisfactory to the council Community and Economic Development Director
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and/or Public Works Director to ensure that all of these requirements will be fulfilled within not
more than twelve months after final plat approval.
20.16.350 Effect of Permit on Successors and Assigns.
(a) Zoning, special use, and conditional use, and sign permits authorize the permittee to make use of
land and structures in a particular way. Such permits are transferable. However, so long as the land
or structures or any portion thereof covered under a permit continues to be used for the purposes
for which the permit was granted, then:
(1) No person (including successors or assigns of the person who obtained the permit) may make
use of the land or structures covered under such permit for the purposes authorized in the permit
except in accordance with all the terms and requirements of that permit, and
(2) The terms and requirements of the permit apply to and restrict the use of land or structures
covered under the permit, not only with respect to all persons having any interest in the property
at the time the permit was obtained, but also with respect to persons who subsequently obtain
any interest in all or part of the covered property and wish to use it for or in connection with
purposes other than those for which the permit was originally issued, so long as the persons
who subsequently obtain an interest in the property had actual or record notice (as provided in
Subsection (b)) of the existence of the permit at the time they acquired their interest.
20.16.360 Effect of Approval of Zoning or Conditional Use Permits for Preliminary Minor or Major
Subdivisions.
(a) The approval of a zoning permit for a preliminary minor subdivision or a conditional use permit for
a preliminary major subdivision constitutes approval of the general concept and layout of the plat
as approved. Approval of a permit for a preliminary subdivision does not signify acceptance of
engineering details of the plat. These engineering details remain subject to approval by the
Community and Economic Development Director.
(b) Once engineering details and specific design have been approved by the Community and Economic
Development Director, the owner may obtain necessary permits and construct right-of-way,
easement, and utility improvements approved in the permit for the preliminary subdivision.
20.16.370 Amendments to and Modifications of Permits.
(a) Insignificant design deviations from the permit (including approved plans) issued by the Hearing
Examiner or the Community and Economic Development Director are permissible with the
approval from and the Community and Economic Development Director. Such permission may be
obtained through a written request without a formal application, but payment of any additional fee
will be set by resolution. may authorize such insignificant deviations. A deviation is insignificant
if it has no discernible impact on neighboring properties, the general public, or those intended to
occupy or use the proposed development and only has insignificant changes (increase or decrease)
to interior lot lines, dimensions of buildings, or design that does not change the overall project in
number of units (density), square footage of commercial or residential buildings, number of parking
stalls, square footage of park and/or open space, screening, or other code required aspects of the
approved site plan. Each time an insignificant deviation is requested and approved, a memorandum
from the Community and Economic Development Director with findings of fact shall be placed in
the file for the permit from which it is was granted. If over time the number of insignificant
deviations cumulatively requested have or will cause such cumulative changes so that over all they
meet the criteria for a minor modification or change, the next subsequent insignificant deviation
shall be treated as a modification as per subsection (b).
(b) Minor amendments in permits (including approved plans) are permissible with the approval of the
permit-issuing authority. Such permission may be obtained through a written request without a
formal application or public hearing, but a payment of any additional fee will be set by resolution.
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For purposes of this section, amendments are those that have no substantial impact on neighboring
properties, the general public, or those intended to occupy or use the proposed development and
does not exceed ten percent (increase or decrease) of the total approved lots, or square footage of
commercial or residential buildings, number of parking stalls, square footage of park and/or open
space, screening, or other code required aspects of the approved site plan. Each time a minor
modification or change is approved, a memorandum from the permit-issuing authority with findings
of fact shall be placed in the file for the permit to which it is was granted. If over time the number
of minor modifications or changes cumulatively requested have or will cause such cumulative
changes meet the criteria for a major change, the next subsequent minor modification or amendment
shall be treated as a major change and be processed per subsection (c).
(c) Major amendments in permits (including approved plans) are permissible with the approval of the
Hearing Examiner or permit-issuing authority. Such permission may be obtained with a formal
application and public hearing, if required, and a payment of any additional fee that will be set by
resolution. For purposes of this section, major amendments are those that have a substantial impact
on neighboring properties, the general public, or those intended to occupy or use the proposed
development and does not exceed twenty-five percent (increase or decrease) of the total approved
lots, or square footage of commercial or residential buildings, number of parking stalls, square
footage of park and/or open space, screening, or other code required aspects of the approved site
plan. Each time a major amendment is approved, a memorandum from the permit-issuing authority
with findings of fact shall be placed in the file for the permit to which it is was granted. If over time
the number of major amendments or changes cumulatively requested have or will cause such
cumulative changes exceed the criteria for a major amendment, the next subsequent major
amendment shall be treated as a new application and be processed as per subsection (d).
(d) All other requests for changes in approved plans will be processed as new applications. If such
requests are required to be acted upon by the Hearing Examiner or Community and Economic
Development Director, new conditions may be imposed in accordance with §20.16.260 (Additional
Requirements on Zoning, Special Use, and Conditional Use Permits), but the applicant retains the
right to reject such additional conditions by withdrawing his request for an amendment and may
then proceed in accordance with the previously issued permit.
(e) The Community and Economic Development Director shall determine whether amendments to and
modifications of permits fall within the categories set forth above in Subsections (a), (b), and (c),
and (d).
(f) A developer requesting approval of changes shall submit a written request for such approval to the
Community and Economic Development Director, and that request shall identify the changes.
Approval of all changes must be given in writing.
20.16.380 Maintenance of Common Areas, Improvements, and Facilities.
The recipient of any zoning, special use, or conditional use, or sign permit, or his successor, shall be
responsible for maintaining all common areas, improvements, or facilities required by this article or
any permit issued in accordance with its provisions, except those areas, improvements, or facilities with
respect to which an offer of dedication to the public has been accepted by the appropriate public
authority. As illustrations, and without limiting the generality of the foregoing, this means that private
roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained
so that they can be used in the manner intended, and required vegetation and trees used for screening,
landscaping, or shading must be replaced if they die or are destroyed.
Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 24 Revised October 2022July 2024
Part IV. Land Division Permits
20.16.400 Regulation of Major, Minor and Unit Lot Subdivisions.
Major and minor subdivisions are subject to a two-step approval process. Physical improvements to the
land to be subdivided are authorized by a conditional use permit or zoning permit, respectively as
provided in Part I through Part III of §20.16 (Permits and Land Division Approval) of this article, and
sale of lots is permitted after final plat approval as provided in §20.16.425 (Final Major and Minor
Subdivision Approval Process).
20.16.405 Applicability.
The provisions of this section apply to each major or minor subdivision of land, or alteration or vacation
thereof, applied for after the effective date of this Title except as listed below:
(1) This section does not apply to cemeteries and other burial plots while used for that purpose.
(2) This section does not apply to divisions of lands into lots or tracts each of which is one one-hundred
twenty-eighths of a section of land or larger, or five acres or larger if the land is not capable of
description as a fraction of a section of land. For purposes of computing the size of any lot under
this paragraph, for a lot that borders on a street or road, the lot size shall be expanded to include
that area which would be bordered by the centerline of a road or street and the side lot lines of the
lot running perpendicular to such centerline.
(3) This section does not apply to divisions made by testamentary provisions or by the laws of descent.
(4) This section does not apply to boundary line adjustments.
20.16.410 No Subdivision Without Plat Approval.
(a) Except as exempted by §20.16.405 (Applicability), no person may subdivide his land except in
accordance with all of the provisions of this Title. In particular, no person may subdivide his land
unless and until a final plat of the subdivision has been approved in accordance with the provisions
of §20.16.425 (Final Minor or Major Subdivision Approval Process) and recorded in the Snohomish
County Registry.
(b) The Snohomish County Auditor may not record a plat of any subdivision within the city’s planning
jurisdiction unless the plat has been approved in accordance with the provisions of this Title.
20.16.415 Restrictions on Minor Subdivisions.
A lot that is created by a minor subdivision shall not be further divided by minor subdivision for a
period of five years following the date of recordation of the last minor subdivision of the property. Any
further subdivision proposed within said five-year period must be processed as a major subdivision,
except as provided in RCW 58.17.060 as amended.
20.16.420 Vacations of Subdivisions.
Vacations of subdivisions are processed in the same manner as subdivisions, except that in addition to
the information listed in §20.16.200 (Applications To Be Complete), the following information is also
required to be submitted with applications for subdivision vacations:
(a) The reasons for vacation.
(b) Signatures of all parties having an ownership interest in that portion of the subdivision subject to
vacation.
(c) If the subdivision is subject to restrictive covenants which were filed at the time of the approval of
the subdivision, and the application for vacation would result in the violation of a covenant, the
application shall contain an agreement signed by all parties subject to the covenants providing that
the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the
vacation of the subdivision or portion thereof.
Field Code Changed
Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 25 Revised October 2022July 2024
20.16.425 Final Major and Minor Subdivision Approval Process.
(a) The Community and Economic Development Director shall approve or disapprove final major
subdivisions (plat) and final minor subdivisions (short plat) in accordance with the provisions of
this section and per RCW 58.17.
(b) The applicant for final subdivision plat approval, before complying with Subsection (c), shall
submit the following to the Community and Economic Development Director for a determination
of whether the approval process authorized by this section can be and should be utilized:
(1) The required number of draft copies, as set by administrative policy, of the information required
by Subsections (c) and (d).
(2) Mathematical lot closures showing error of closures not to exceed 0.005 times the square root
of “n”, where “n” = number of sides and/or curves of a lot.
(3) A certification from a Professional Land Surveyor, licensed in the State of Washington, as to
the survey data, layout of streets, alleys, and other rights-of-way. A licensed engineer acting on
behalf of the City shall approve bridges, sewage, water systems, and other structures together
with the information provided by the Professional Land Surveyor.
(4) A complete survey of the section or sections in which the plat is located, or as much thereof as
may be necessary to properly orient the plat within the section or sections. A computer printout
showing closures of the section or subdivision breakdown (if any), plat boundary, road
centerlines, lots and tracts. The maximum allowable error of closure shall be .02 feet in any
such closure.
(5) A title company certification which is not more than thirty calendar days old containing:
(A) A legal description of the total parcel sought to be subdivided; and
(B) A list of those individuals, corporations, or other entities holding an ownership interest in
the parcel; and
(C) Any easements or restrictions affecting the property with a description, purpose and
reference by auditors file number and/or recording number; and
(D) Any encumbrances on the property; and
(E) Any delinquent taxes or assessments on the property.
(6) An approved subdivision name reservation form from the Snohomish County Auditor’s Office.
(7) If lands are to be dedicated or conveyed to the City as part of the subdivision, an American
Land Title Association title policy may be required.
(8) The Community and Economic Development Director may require the applicant to submit
whatever other information is necessary to make this determination, including, but not limited
to, a copy of the tax map showing the land being subdivided and all lots previously subdivided
from that tract of land within the previous five years.
(9) No final major or minor subdivision may be submitted until the applicant has supplied the City
with a copy of the signed as-builts and approved water & sewer bills of sale.
(c) Once the Community and Economic Development Director is satisfied that Subsection (b) is met,
the applicant for subdivision plat approval shall submit to the Community and Economic
Development Director a final plat, drawn in waterproof ink on a sheet made of material that will be
acceptable to the Snohomish County Auditor’s Office for recording purposes, and having
dimensions as follows:
(1) Major subdivisions: 18” x 24”.
(2) Minor subdivisions: 18” x 24”.
When more than one sheet is required to include the entire subdivision, all sheets shall be made of the
same size and shall show appropriate match marks on each sheet and appropriate references to other
sheets of the subdivision. The scale of the plat shall be at:
(3) Major subdivisions: one (1) inch equals not more than fifty feet, unless approved otherwise by
the Community and Economic Development Director.
Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 26 Revised October 2022July 2024
(4) Minor subdivisions: one (1) inch equals not more than fifty feet unless approved otherwise by
the Community and Economic Development Director.
(d) In addition to the appropriate endorsements, as provided in §20.16.445 (Endorsements on Final
Subdivisions and Binding Site Plans), the final plat shall contain the following information:
(1) The name of the subdivision, which name shall not duplicate the name of any existing
subdivision as recorded in the Snohomish County Registry,
(2) The name and notarized signatures of the subdivision owner or owners,
(3) The location by Quarter Section/ Section/Township/ Range and/or by other legal description,
the county, and state where the subdivision is located,
(4) The name, registration number, and seal of the Professional Land Surveyor responsible for
preparation of the plat, and a certification on the plat by said surveyor to the effect that (i) it is
a true and correct representation of the land actually surveyed by him/under his supervision; (ii)
that the exterior plat boundary, and all interior lot corners have been set on the applicant's
property by him/under his supervision using appropriate permanent materials, with a field
traverse with a linear closure of one to ten thousand and corresponding angular closure as
specified in W.A.C. 332.130.070 and 332.130.090; and, (iii) that all street centerline
monuments (points of intersection, points of curve, points of tangency, etc.) within the plat and
all intersections with existing street centerlines have been monumented with concrete
monuments in case or other permanent material approved by the City.
(5) The scale according to which the plat is drawn in feet per inch or scale ratio in words or figures
and bar graph. The drawing shall be of legible scale and shall include the north arrow and basis
of bearings. Unless otherwise approved by the Community and Economic Development
Director, the scale of the final plat will be at one inch equals fifty feet in order that all distances,
bearings, and other data can be clearly shown.
(6) A boundary survey prepared by a Professional Land Surveyor, licensed in the State of
Washington, shall be shown on the proposed plat and shall reference the plat to the Washington
Coordinate System, North Zone (North American Datum, 1983, unless otherwise approved by
the Department of Community and Economic Development) with a physical description of such
corners. When the necessary G.P.S. points exist within one-half mile of the subject property
they shall be located on the plat and used as primary reference datum.
(7) The boundary lines of the plat, based on an accurate traverse, with angular and linear
dimensions.
(8) The exact location, width, number or name of all rights-of-way and easements within and
adjoining the plat and a clear statement as to whether each is to be dedicated or held in private
ownership.
(9) The true courses and distances to the nearest established right-of-way lines or official
monuments that will accurately locate the plat.
(10) Curved boundaries and centerlines shall be defined by giving radii, internal angles, points of
curvature, tangent bearings, and lengths of all arcs.
(11) All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet,
and bearings to one second of arc. Blocks in numbered additions to subdivisions bearing the
same name must be numbered consecutively through the several additions.
(12) Accurate locations of all monuments at such locations as required by the Community and
Economic Development Director.
(13) All plat meander lines or reference lines along bodies of water, which shall be established
above, but not farther than twenty (20) feet from the high waterline of the water or within a
reasonable distance, to ensure reestablishment.
(14) Accurate outlines and dimensions of any areas to be dedicated or reserved for public use, with
purposes indicated thereon and in the dedication; and/or any area to be reserved by deed
covenant for common uses of all property owners.
Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 27 Revised October 2022July 2024
(15) A full and correct legal description of the property.
(16) All permanent restrictions and conditions on the lots or tracts or other areas in the plat required
by the City.
(17) Any additional pertinent information required at the discretion of the Community and
Economic Development Director or Public Works Director.
(18) An endorsement to be signed, prior to recordation, by the proper officer in charge of tax
collections, certifying that all taxes and delinquent assessments have been paid, satisfied, or
discharged.
(19) The following declaration: “All conditions of the preliminary [minor] plat, embodied within
the Form of Decision [recorded with the Snohomish County Assessor/which is attached hereto
as Exhibit], shall remain conditions of construction of the public improvements.”
(e) Not more than 9 lots, including the existing lot, may be created out of one tract using the minor
subdivision plat approval process within any five-year period measured from the date of the
recording of the last minor plat on the property.
(f) No final major or minor subdivision may be recorded until the applicant has supplied the City a
copy of the Final Plat and “as-built” construction plans in number and hard and electronic format
acceptable to the Community and Economic Development Director.
(g) The Community and Economic Development Director and Public Works Director, shall approve
the proposed major final subdivision unless they find that the plat or the proposed subdivision fails
to comply with one or more of the requirements of this Title or that the final plat differs substantially
from the plans, specifications, or conditions of approval approved in conjunction with the permit
that authorized the development of the subdivision.
(h) If the final plat is disapproved, the applicant shall be furnished with a written statement of the
reasons for the disapproval.
(i) All final plat approvals are subject to being recorded in with the Snohomish County Registry
Auditor by the applicant. The applicant is required to submit the final plat documents with all
required notarized and official signatures to the city for review and signature within sixty thirty (30)
days of final plat approval. Once the city has signed the final plat documents the applicant is
required to record the final plat documents with the Snohomish County Auditor within thirty (30)
days of the date signed by the city. A conformed copy of the recorded documents shall be returned
to the City of Arlington. will be forwarded to the applicant. If the final plat documents are not
recorded and a conformed copy is not returned to the city within this time period, the city may
expire the final plat decision.
20.16.430 Alteration of Recorded Final Major or Minor Subdivisions.
(a) A recorded major or minor final plat may be altered, including the reconfiguration of any element
graphically portrayed on a recorded final plat or the alteration of conditions, restrictions, easements,
or other textual materials on the plat or with a recorded final plat. However, any change where an
additional lot(s) is proposed shall not be considered a plat alteration and shall be processed as a new
plat or minor plat.
(b) The plat alteration provisions do not apply to corrections to recorded final plats or revisions to lot
boundaries authorized pursuant to the boundary line adjustment provisions of §20.16.440
(Boundary Line Adjustments),
(c) In addition to the application requirements of §20.16.200 (Applications To Be Complete), an
application for a plat alteration shall contain:
(1) The signatures of a majority of those persons having an ownership interest in lots, tracts, parcels,
sites, or divisions in the plat or portion to be altered.
(2) A certificate of title showing the names of all persons who would be affected by the proposed
alteration, as well as any easements or other encumbrances on the property subject to the
proposed alteration.
Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 28 Revised October 2022July 2024
(3) If the alteration proposes to change the recorded plat, a drawing prepared at the same scale as
the recorded plat shall be submitted showing the details of the proposed alteration.
(4) If the alteration proposes a change to restrictions, conditions, or easements of a textual nature
not depicted on the plat, a clearly written textual revision shall be submitted.
(5) A written statement of why the alteration is being requested and how the public interest would
be served by its approval shall be submitted.
(d) Applications for plat alterations shall be processed in the same manner as Special Use Permits, as
specified in §20.16.225 (Special Use Permits and Conditional Use Permits), including the noticing
requirement; except that notices shall also be provided to each property owner within the plat.
(e) The decision-making authority may approve a major or minor plat alteration if the application is
found to be consistent with all applicable regulations.
(f) If testimony is presented and it is found that the proposed plat alteration would violate any
restrictive covenants of the plat, the decision-making authority may deny the request unless such
covenants are legally terminated or altered so as to accomplish the purpose of the alteration of the
plat or portion thereof.
(g) Upon approval of a plat alteration the applicant shall produce a revised drawing and any other
documents required to show the authorized changes to the final plat. The revised final plat shall
bear the seal of a registered professional land surveyor, shall include the contents of a final plat,
and shall be processed and recorded in the same manner as set forth for final plats. All persons with
an ownership or security interest in the property to be altered must sign the altered plat prior to
recording.
(h) Altered plats shall change, alter, or supersede the original plat only in the specific ways approved
and set forth in the recorded documents.
20.16.435 Major and Minor Binding Site Plans.
The intent and purpose of this chapter is to establish an alternative process by which the subdividing
of commercial and industrial properties can be done, and which specifically depicts lot configurations,
street and road improvements, utilities open space and other provisions to ensure a uniform
development.
(a) Applicability. Any person seeking a division of industrial or commercial land for the purpose of
lease or sale or transfer of ownership of lots or upon which more than one principal building is to
be constructed upon one lot of record is required to have an approved binding site plan prior to any
division and development of property and shall be governed by the provisions of this chapter.
(b) Standards. Binding site plans are subject to the following standards:
(1) The binding site plan shall ensure that the collective lots continue to function as one site with
respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage
facilities, facility maintenance and parking.
(2)(1) The binding site plan shall:
(A) Identify the areas and locations of all streets, roads, improvements, utilities, open spaces,
sensitive areas, parking areas, landscaped areas, surveyed topography (by a Washington
State registered land surveyor) for map, water bodies and drainage features and building
envelopes;
(B) Contain inscriptions or attachments setting forth such limitations and conditions for the use
of the land as are established by the Community and economic Development Director or
the hearing examiner; and
(C) Contain provisions requiring any development or division of land to be in conformance with
the approved site plan.
(D) Contain requirements for street right-of-way realignment, dedication or widening either
required by the city or by voluntary agreement.
(E) Adhere to all applicable provisions set forth in the land use code.
Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 29 Revised October 2022July 2024
(3)(1) Both the design and development shall preserve the trees and vegetation, natural
drainage, existing topsoil, and wetlands/critical areas to the fullest extent that is reasonably
possible.
(4)(2) Conditions of use, maintenance and restrictions on redevelopment of required open
space, parking, access and other improvements shall be identified and enforced by covenants,
easements, dedications or other similar mechanisms.
(c) Submission Requirements. Binding site plans shall follow the standard subdivision submittal,
review, resubmittal, and final approval process and recording requirements as that of that of the
standard subdivision per RCW 58.17.
(c)(d) Recording Requirements. All binding site plan approvals are subject to being recorded with the
Snohomish County Auditor by the applicant. The applicant is required to submit the binding site
plan documents with all required notarized and official signatures to the city for review and
signature within thirty (30) days of the binding site plan approval. Once the city has signed the
binding site plan documents the applicant is required to record the binding site plan with the
Snohomish County Auditor within thirty (30) days of the date signed by the city. A conformed copy
of the recorded documents shall be returned to the City of Arlington. If the binding site plan is not
recorded and a conformed copy is not returned to the city within this time period, the city may
expire the binding site plan decision.
(d)(e) Performance Bonds. In lieu of completing the required improvements, the applicant may request
final approval, subject to the approval of a suitable guarantee by the public works director. The
guarantee must be in a form acceptable to the city and in an amount commensurate with
improvements to be completed. The amount of the guarantee is established at one hundred fifty
percent of the cost of the city having to construct the improvements.
Guarantee funds will not be released by the city unless approval has been received from all
applicable departments that are reasonable for acceptance and/or maintenance of such
improvements.
(e)(f) Amendments and Vacations.
(1) Amendments. Once a binding site plan is recorded, any amendments from the site plan shall
require the filing of an amended binding site plan. The application materials, procedures, review
criteria, standards, etc., shall be the same as for the initial binding site plan.
(2) Vacation of a recorded binding site plan shall be approved administratively by the Community
and Economic Development Director and/or his/her designee prior to recording.
(f)(g) Insignificant Design Deviations. The Community and Economic Development Director or
public works director may accept some deviations in code requirements when the binding site plan
allows for viable sharing of facilities, including parking, landscaping, pedestrian access, and
utilities.
20.16.440 Boundary Line Adjustments.
(a) Minor lot line adjustments are exempt from the subdivision regulations. Minor lot line adjustments
to existing legal lots are permitted when no new lots, tracts, or parcels are created through the
process, and the adjusted lots either meet all zoning requirements of this Title, or, in the case where
any of the existing legal lots are non-conforming, the adjustment would not create a greater non-
conformity.
(b) Boundary lines may not be adjusted which will result in directional changes in the orientation of
the lot(s), tract(s), parcel(s), or building site(s), such as the changing of front yards into side yards
or vice versa; or when the adjustment will result in the City being unable to provide adequate
utilities.
(c) Application for a Boundary Line Adjustment is made by submitting to the Community and
Economic Development Director a Master Permit Application, a Standard Affidavit of Boundary
Formatted: Underline
Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 30 Revised October 2022July 2024
Line Adjustment, a survey of the subject property, a current title report (no older than 30 days), and
the appropriate processing fee as set by resolution.
(d) Said survey for a boundary line adjustment must be conducted by or under the supervision of a
registered state-licensed land surveyor. The surveyor shall certify on the boundary line adjustment
survey map that it is a true and correct representation of the lands actually surveyed in accordance
with City and State law. The survey must indicate that all lot corners are found and staked; show
existing and proposed lot lines and all encroachment(s), buildings, and setbacks from property lines;
and provide the legal descriptions of the lots being adjusted before and after the boundary line
adjustment.
(e) When the applicant has complied with all of the requirements of this Section and State law and the
Community and Economic Development Director has signed the boundary line adjustment, then
the record of survey and the original affidavit of ownership shall be filed with the Snohomish
County Auditor in accordance with RCW Chapter 58.09. The applicant is required to submit the
boundary line adjustment documents with all required notarized and official signatures to the city
for review and signature within thirty (30) days of the boundary line adjustment approval. Once the
city has signed the boundary line adjustment documents the applicant is required to record the
boundary line adjustment documents with the Snohomish County Auditor within thirty (30) days
of the date signed by the city. A conformed copy of the recorded documents shall be returned to the
City of Arlington. If the boundary line adjustment documents are not recorded and a conformed
copy is not returned to the city within this time period, the city may expire the boundary line
adjustment decision.
20.16.445 Endorsements on Final Major and Minor Subdivisions.
(a) All final subdivision, unit lot subdivisions, binding site plans, and boundary line adjustments shall
contain signature endorsements on the cover page of the document.
(b) Final major subdivision, unit lot subdivision, and binding site plans shall use endorsements (1)
through (7) below.
(c) Final minor subdivisions, unit lot subdivisions, and binding site plans shall use endorsements (1),
(2) and (4) through (7) below.
(d) Boundary Line Adjustments shall use endorsements (1) and (4) through (7) below.
(e) Owner(s) and Surveyor signatures shall be notarized. If there are multiple owners, then additional
owner signature lines shall be added, and all names notarized.
Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 31 Revised October 2022July 2024
(1) CERTIFICATE OF SUBDIVISION APPROVAL
I HEREBY CERTIFY THAT THE SUBDIVISION SHOWN ON THIS PLAT IS IN ALL RESPECTS IN
COMPLIANCE WITH TITLE 20 OF THE ARLINGTON MUNICIPAL CODE, AND THEREFORE THIS PLAT
HAS BEEN APPROVED BY THE COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR, SUBJECT
TO ITS BEING RECORDED IN THE SNOHOMISH COUNTY REGISTRY WITHIN 60 DAYS OF THE DATE
BELOW.
EXAMINED AND APPROVED THIS________DAY OF__________________YEAR
___________________________________________________________________________
COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR, (DIRECTOR NAME)
(2) CERTIFICATE OF APPROVAL OF PUBLIC IMPROVEMENTS
I HEREBY CERTIFY THAT ALL STREETS SHOWN ON THIS PLAT ARE WITHIN THE CITY OF ARLINGTON
PLANNING JURISDICTION, ALL STREETS AND OTHER PUBLIC IMPROVMENTS SHOWN ON THIS PLAT
HAVE BEEN INSTALLED OR COMPLETED TO CITY STANDARDS OR THAT THEIR INSTALLATION OR
COMPLETION (WITHIN 12 MONTHS AFTER THE DATE BELOW) HAS BEEN ASSURED BY THE POSTING
OF A PERFORMANCE BOND OR OTHER SUFFICIENT SURETY, AND THAT THE SUBDIVISION SHOWN
ON THIS PLAT IS IN ALL RESPECTS IN COMPLIANCE WITH TITLE 20 OF THE ARLINGTON MUNICIPAL
CODE, AND THEREFORE THIS PLAT HAS BEEN APPROVED BY THE PUBLIC WORKS DIRECTOR.
EXAMINED AND APPROVED THIS__ ______DAY OF__________________YEAR
___________________________________________________________________________
PUBLIC WORKS DIRECTOR, (DIRECTOR NAME)
(3) CERTIFICATE OF CITY TREASURER
I HEREBY CERTIFY THAT ALL MONIES AND DEBTS PERTAINING TO THIS SUBDIVISION WERE PAID
TO THE CITY OF ARLINGTON THE ________DAY OF _________YEAR.
__________________________________________________________________________
FINANCE DIRECTOR/CITY TREASURER, (DIRECTOR NAME) DATE
Formatted: Space After: 72 pt
Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 32 Revised October 2022July 2024
(4) CERTIFICATE OF OWNERSHIP
THIS SUBDIVISION, DEDICATION, DECLARATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD
HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID
OWNERS.
IN WITNESS WHEREOF, WE SET OUR HANDS AND SEALS THIS ______DAY OF _______YEAR
(ENTER NAME OF COMPANY OR INDIVIDUAL OWNER)
BY: ___________________________________________________________
(ENTER NAME OF PERSON SIGNING)
ITS: ____________________________________________________________
ACKNOWLEDGEMENT
STATE OF WASHINGTON )
) SS.
COUNTY OF SNOHOMISH )
I CERTIFY THAT IN KNOW OR HAVE SATISFACTORY EVIDENCE THAT (OWNERS NAME) IS THE
PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT (HE/SHE) SIGNED
THIS INSTRUMENT, ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE THE
INSTRUMENT AND ACKNOWLEDGED IT AS THE (TITLE OR OWNER) OF (COMPANY NAME) TO BE
THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN
THE INSTRUMENT.
DATED ________________________________________________
________________________________________________________
SIGNATURE OF NOTARY
(NOTARY SEAL)
________________________________________________________
PRINT NAME OF NOTARY
NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON,
RESIDING AT ___________________________________________
MY APPOINTMENT EXPIRES______________________________
Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 33 Revised October 2022July 2024
(5) SURVEYORS CERTIFICATE & ACKNOWLEDGEMENT
THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN
CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AND ARLINGTON
MUNICIPAL CODE 20.16.425 (d) (4) AND 20.16.445 (5). AT THE REQUEST OF (ENTER NAME OF COMPANY
OR INDIVIDUAL OWNER), ON THE DATE OF THE SIGNATURE. I HEREBY CERTIFY THAT THIS PLAT OF
(NAME OF SUBDIVISION) IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF (ENTER
SECTION, TOWNSHIP, RANGE), WILLAMETTE MERIDIAN, THAT THE BEARINGS AND DISTANCES ARE
CORRECTLY SHOWN, THAT ALL INFORMATION REQUIRED BY THE WASHINGTON UNIFORM
COMMON INTEREST OWNERSHIP ACT IS SUPPLIED HEREIN; AND THAT ALL HORIZONTAL AND
VERTICAL BOUNDARIES OF THE LOTS, TO THE EXTENT SUCH BOUNDARIES ARE NOT DEFINED BY
PHYSICAL MONUMENTS, SUCH BOUNDARIES ARE SHOWN ON THE MAP.
__________________________________________________________
(ENTER SURVEYOR NAME) DATE (SURVEYOR SEAL)
PROFESSIONAL LAND SURVEYOR
CERTIFICATE NO. (ENTER NUMBER)
STATE OF WASHINGTON )
) SS.
COUNTY OF SNOHOMISH )
I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT (NAME OF PERSON) IS THE
PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT (HE/SHE) SIGNED
THIS INSTRUMENT AND ACKNOWLEDGE IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE
USES AND PURPOSES MENTIONED IN THE INSTRUMENT.
DATED ________________________________________________
________________________________________________________
SIGNATURE OF NOTARY
(NOTARY SEAL)
________________________________________________________
PRINT NAME OF NOTARY
NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON,
RESIDING AT ___________________________________________
MY APPOINTMENT EXPIRES______________________________
(6) SNOHOMISH COUNTY TREASURERS CERTIFICATE
I HEREBY CERTIFY THAT ALL STATE AND COUNTY TAXES HERETOFORE LEVIED AGAINST THE
PROPERTY DESCRIBED HEREON, ACCORDING TO THE BOOKS AND RECORDS OF MY OFFICE, HAVE
BEEN FULLY PAID AND DISCHARGED, INCLUDING ___________ TAXES.
___________________________________________ BY: _______________________________________
TREASURER, SNOHOMISH COUNTY DEPUTY COUNTY TREASUER
PARCEL NUMBER: (ENTER PARCEL NUMBER(S)
Title 20—Land Use Code Chapter 20.16: Permits & Land Division Approval
City of Arlington 20.16 - 34 Revised October 2022July 2024
(7) AUDITORS CERTIFICATE
FILED FOR RECORD AT THE REQUIEST OF (ENTER COMPANY NAME OR OWNER) THIS _______DAY
OF __________________, YEAR, AT________MINUTES PAST _____M, AND RECORDED IN VOLUME
______ OF PLATS, PAGE ______; AFN_____________________________ RECORDS OF SNOHOMISH
COUNTY, WASHINGTON.
___________________________________ BY: _________________________________________
AUDITOR, SNOHOMISH COUNTY DEPUTY COUNTY AUDITOR
20.16.450 Subdivision and Binding Site Plan Acceptance of Easements and Dedication Offers.
(a) Approval and recordation of a final subdivision or final unit lot subdivision constitutes acceptance
by the city of the offer of easements and dedication of any streets, sidewalks, parks, or other public
facilities shown on a plat. Upon recording of the final subdivision, the areas of dedication are the
responsibility of the city.
(b) Approval of a binding site plan does not constitute acceptance by the city of the offer of easements
or dedication of any streets, sidewalks, parks, or other public facilities shown on a site plan.
However, the city may accept any such offer of dedication or easement by resolution of the council
or by actually exercising control over and maintaining such facilities.
20.16.455 Protection Against Defects.
(a) Whenever (pursuant to §20.16.340, Authorizing Use, Occupancy, or Sale Before Completion of
Development Under Special Use or Conditional Use Permits) occupancy, use or sale is allowed
before the completion of all facilities or improvements intended for dedication, and a performance
bond or the surety is posted pursuant to §20.16.320, then the applicant shall also post a maintenance
bond or other sufficient surety pursuant to Part IX of §20.12 to guarantee that any defects in such
improvements or facilities that appear within two years after the dedication of such facilities or
improvements is accepted shall be corrected by the developer.
(b) Whenever all public facilities or improvements intended for dedication are installed before
occupancy, use, or sale is authorized, then the developer shall post a maintenance bond or other
sufficient surety pursuant to §20.12.830 (Maintenance Securities) to guarantee that he will correct
all defects in such facilities or improvements that occur within two years after the offer of dedication
of such facilities or improvements is accepted.
(c) An architect or engineer retained by the developer shall certify to the city that all facilities and
improvements to be dedicated to the city have been constructed in accordance with the requirements
of this article. This certification shall be a condition precedent to acceptance by the city of the offer
of dedication of such facilities or improvements.
(d) For purposes of this section, the term “defects” refers to any condition in publicly dedicated
facilities or improvements that requires the city to make repairs in such facilities over and above
the normal amount of maintenance that they would require. If such defects appear, the guaranty
may be enforced regardless of whether the facilities or improvements were constructed in
accordance with the requirements of this article.
20.16.460 Maintenance of Dedicated Areas Until Acceptance.
As provided in §20.16.380 (Maintenance of Common Areas, Improvements, and Facilities), all
facilities and improvements with respect to which the owner makes an offer of dedication to public use
shall be maintained by the owner until the appropriate public authority accepts such offer of dedication.
Field Code Changed
Staff Report & Recommendation
AMC Chapter 20.16 Zoning Code Amendment – PLN#1185
Page 1 of 3
Community and Economic Development Planning Division th
CITY COUNCIL STAFF REPORT & RECOMMENDATION
To: Planning Commission
From: Amy Rusko, Planning Manager
Meeting Date: July 22, 2024
Date Prepared: July 16, 2024
Regarding: 2024 AMC Chapter 20.16 Zoning Code Amendment – PLN#1185
A. INTRODUCTION The AMC Chapter 20.16 Zoning Code Amendments is a City-initiated amendment to the Arlington Municipal code that includes updates to the permits and land division approval chapter. Included with this staff report is the proposed redlined code amendment (Exhibit A).
GENERAL INFORMATION
Applicant: City of Arlington
Project Description: 2024 AMC Chapter 20.16 Zoning Code Amendment
Requested Action: City Council Approval
B. DETAILED PROJECT INFORMATION The 2024 AMC Chapter 20.16 Zoning Code Amendment include updates to the permits and land division approval chapter of the code. The city updated multiple sections, such as administrative conditional use permits required, consolidated permit process and review procedures, permit exemptions from timelines, submittal requirements, complete applications, time limit for resubmitting additional information, time limits for permit processing, notice of final decisions, expiration of permits, and amendments to and modifications of permits. The proposed amendments are required updates from Second Substitute Senate Bill 5290, Substitute House Bill 1105, WAC 365-196-845, and RCW 36.70B to ensure city compliance with State Regulations and the upcoming Comprehensive Plan update.
Staff Report & Recommendation
AMC Chapter 20.16 Zoning Code Amendment – PLN#1185
Page 2 of 3
C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE:
Type of Determination Issued Date Distribution and Public Notice
SEPA Determination on Non-Significance (DNS) 6/24/2024 City Public Notice Website Emailed to Review Agencies Posted at City Hall, Arlington Library, Smokey Point Post Office The Herald Published Date – 6/26/2024 Comment Period – 6/26/2024 to 7/10/2024 Public comments received during the public comment period.
Comment Summary City Response No comments received to date. Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT:
Public Notice and
Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations 2/06/2024, 2/22/2024, 7/2/2024, 7/16/2024 Planning Commission Agenda Online Planning Commission Email Distribution List
Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for 60-Day Review – 6/3/2024 Deadline for 60-Day Review – 8/2/2024
Planning Commission Public Hearing 7/16/2024 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 6/26/2024 City Council Public Meeting Presentations
Workshop: 7/22/2024 Meeting: 7/29/2024 City Council Agenda Online City Council Email Distribution List
3. COMPREHENSIVE PLAN COMPLIANCE:
Goal Goal Description Summary GO – 1 Ensure City Goals and Policies are consistent with the Growth Management Act. GH-6 Establish and maintain a streamlined permitting process to help create predictability for customers.
Staff Report & Recommendation
AMC Chapter 20.16 Zoning Code Amendment – PLN#1185
Page 3 of 3
4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS
Regulation Meets (a) Amendments to the text of this title may be made in accordance with the provisions of this chapter. has followed the provision of Chapter 20.96 by being processed through the 2024 Docket as a Development Regulation Amendment. Development Regulations. (a) All proposed text amendments to the development or zoning regulations shall be developed, submitted, and presented by the city staff, based on direction from the city council, planning commission, or the director of community and economic development.
process. The City Council approved the 2024 Final Docket through Resolution 2024-008.
Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s development regulations at least sixty days in advance of adoption, as required by RCW 36.70A.106.
Department of Commerce on June 3, 2024 for the standard 60-day review.
Regulation Amendments. (a) An open record public hearing shall be held before the planning commission for all amendments. (c) The city shall give public notice of all public hearings as required by section 20.24.020.
hearing at the July 16, 2024 Planning Commission Meeting. The public noticing is described under Section 2 above.
Development Regulation Amendments. The planning commission shall issue a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision of denial, which decision shall be forwarded to the city council for review and decision.
Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting.
Development Regulation Amendments. The city council’s approval, modification, deferral, or denial of a development regulations amendment proposal shall be based on the following criteria: (1) The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, the Multi-County Planning Policies, County Planning Policies, and the Growth Management Act, RCW Chapter 36.70A; and (2) The proposed change is necessary to further the public interest based on present needs and
provided by staff and considers the goals and objectives of the Comprehensive Plan, County Planning Policies, the Growth Management Act, and RCW Chapter 36.70A, along with the overall public interest prior to considering a decision.
(d) RECOMMENDATION Staff recommends the City Council approve the 2024 AMC Chapter 20.16 Zoning Code Amendment, PLN#1185.
City of Arlington Council Agenda Bill WS #5 Attachment
COUNCIL MEETING DATE: July 22, 2024 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.40 Permissible Uses ATTACHMENTS: Code Amendment Overview, Ordinance, Supporting Documents, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Planning Manager 360-403-3550 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: chapter of the code. The city updated multiple sections, such as permanent supportive housing, transitional housing, emergency shelters, emergency housing facilities, accessory uses, change in use, footnotes of the permissible use tables, co-living housing, residential homes emphasizing special services, treatment, or supervision, alternative energy systems, commercial corridor uses, temporary mobile or modular structures used for public servicepermissible use tables to better align the permit type to the proposed use. Many of the proposed changes were required updates from Engrossed Substitute House Bill 1998, Engrossed Second Substitute House Bill 1110, and Engrossed Second Substitute House Bill 1220 to ensure city compliance with the upcoming Comprehensive Plan update. HISTORY: The AMC Chapter 20.40 Zoning Code Amendments were proposed with the 2024 Docket. The proposed zoning code amendments are required to comply with the state law and local requirements. ALTERNATIVES: Remand to staff for additional information
Workshop; discussion only. At the July 29, 2024, Council meeting, the recommended motion will be, “I move to approve the ordinance amending AMC Chapter 20.40 and authorize the Mayor to sign the ordinance.”
Page 1 of 3
New or Renamed Table of Contents Code Sections:
• Renamed: 20.40.020 Permit Type Designations in Permissible Use Tables
New Language Sections:
• No new complete sections were added with this amendment.
Updated Language Sections:
• 20.40.050. Updates include removing accessory use language that was vague and replacing the language with speci�ic requirements regarding accessory uses to a primary use on a parcel.
• 20.40.070. Updates include adding examples of requirements that may be required with a change of use permit.
• 20.40.100. Updates to the language of this section provides clarity to the footnotes of the permissible use tables, what they mean, and how they apply to the permissible uses.
• 20.40.120. Updates to the Residential Zones Permissible Use Table include the following:
o Adding Residential to Electric Vehicle Infrastructure, Co-Living Housing, Emergency Housing, and Alternative Energy System.
o Removing Mobile Sales and Delivery
o Updating permit application types for Art Gallery, Library, Institutional Residence, Care or Con�inement Facilities, Minor or Major Unit Lot Subdivision, Temporary Mobile or Modular Structures, Accessory Religious Assembly, Halfway Houses, Homes for Handicapped or In�irm, Nursing Care, Intermediate Care Homes, Permanent Supportive Housing, Special Needs Childcare Homes, Transitional Housing
o Updating the footnotes throughout the table and at the end of the table showing the applicable code sections that correspond with each footnote.
AMC Chapter 20.40 – Permissible Uses
Zoning Code Amendment Overview Summary - Amy Rusko, Planning Manager
Page 2 of 3
• 20.40.130. Updates to the Commercial and Mixed-Use Zones Permissible Use Table include the following:
o Adding Co-Living Housing, Emergency Housing (moved location), Emergency Shelter (moved location), and Alternative Energy Systems.
o Removing the uses in the Commercial Corridor zone column. This was due to the confusion it caused with what uses are permissible in this zone. The uses of the Commercial Corridor zone are required to meet the permissible uses of the Mixed-Use Development Regulations. There are a few uses left in the column because they are not addressed in the Mixed-Use Development Regulations.
o Updating permit application types for Institutional Residence, Care or Con�inement Facilities, Car Wash, Motor Vehicle Sales or Rental, Mobile Home Sales, Sales with Installation of Motor Vehicle Parts or Accessories, Temporary Mobile or Modular Structures, Accessory Religious Assembly, Accessory Dwelling Units, Halfway Houses, Homes for Handicapped or In�irm, Nursing Care, Intermediate Care Homes, Permanent Supportive Housing, Special Needs Childcare Homes, Transitional Housing,
o Updating the footnotes throughout the table and at the end of the table showing the applicable code sections that correspond with each footnote.
• 20.40.140. Updates to the Industrial Zones Permissible Use Table include the following:
o Adding Accessory to Commercial Nursery Schools and Day Care Centers, and Alternative Energy Systems.
o Removing Health Care Facility, Open Air Markets and Horticultural Sales with Outdoor Display, Dry Cleaner / Laundromat, Funeral Home (moved location), Indoor Recreation (all types), Coliseums and Stadiums, Drive In Movie Theaters, Indoor Automobile and Motorcycle Racing Tracks, and Restaurants – No Substantial Carry Out or Delivery Service,
o Updating permit application types for Fuel Sales, Towing Operations, Crematorium with or without Funeral Home, Accessory Religious Assembly, and Storage, Shipping, and Moving Container (accessory use only).
o Updating the footnotes throughout the table and at the end of the table showing the applicable code sections that correspond with each footnote.
• 20.40.150. Updates to the Special Zones Permissible Use Table include the following:
o Adding Alternative Energy Systems.
o Updating permit application types for Health Care Facility.
o Updating the footnotes throughout the table and at the end of the table showing the applicable code sections that correspond with each footnote.
Page 3 of 3
• 20.40.160. Updates to the Public / Semi-Public Zone Permissible Use Table include the following:
o Adding Indoor Recreation (all types) and Alternative Energy System.
o Removing Crematorium and “Privately Owned” from Solid Waste Facilities.
o Updating permit application types for Art Gallery or Center, Library, Museum, and Accessory Religious Assembly.
o Updating the footnotes throughout the table and at the end of the table showing the applicable code sections that correspond with each footnote.
Removed Language Sections:
• 20.40.040. Removal of sections (c) (14) permanent supportive housing and transitional housing and (c) (15) emergency shelter and emergency housing restrictions. These items were updated and moved to 20.44.070.
• Engrossed Second Substitute House Bill 1110
• Engrossed Second Substitute House Bill 1220
• Engrossed Substitute House Bill 1998
• Compliance with the 2024 Comprehensive Plan Update
Washington State Legislation or Other Requirements
ORDINANCE NO. 2024-XXX 1
ORDINANCE NO. 2024-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.40
OF THE ARLINGTON MUNICIPAL CODE REGARDING PERMISSIBLE USES UNDER CITY PLANNING
NO. PLN 1175
WHEREAS, the city has proposed an update to the Permissible Uses regulations in the City
zoning code; and
WHEREAS, the Arlington Planning Commission considered the revisions at docketing
meetings on February 6, 2024 and February 22, 2024, and then on July 2, 2024 and at a public
hearing conducted on July 16, 2024; and
WHEREAS, the Planning Commission made findings and provided its recommendations to
the City Council concerning the proposed changes; and
WHEREAS, the City Council considered the revisions at docketing meetings on March 11,
2024 and March 18, 2024; and
WHEREAS, the City Council considered the same at a workshop held on July 22, 2024, a
special meeting on July 29, 2024, and considered them along with the Planning Commission
recommendations; and the City Council having determined approving said amendment was in
the best interest of the City; and
WHEREAS, the amendments were presented to the Department of Commerce for
comment and said Department provided comments, comments were addressed and approved
for the ordinance; and
WHEREAS, the City Council has considered the proposed amendment to the municipal
code and finds it to be consistent with city and state law and in the best interests of the citizens;
and
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows:
Section 1. Arlington Municipal Code section 20.40 shall be amended as shown in
Exhibit A attached to this Ordinance:
Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state
or federal law or regulation, such decision or pre-emption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 3. Effective Date. The title of this ordinance which summarizes the contents shall
be published in the official newspaper of the City. This ordinance shall take effect and be in full
ORDINANCE NO. 2024-XXX 2
force five (5) days after the date of publication as provided by law.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this
______ day of _____________________, 2024.
CITY OF ARLINGTON
____________________________________
Don Vanney, Mayor
ATTEST:
___________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 1 Updated October 2022July 2024
Chapter 20.40
PERMISSIBLE USES
Sections:
20.40.010 Tables of Permissible Uses.
20.40.020 Use ofPermit Type Designations Z, S, C in tables of Permissible Uses. Tables.
20.40.030 Community and Economic Development Director Jurisdiction over uses otherwise Permissible
with a Zoning Permit.
20.40.040 Permissible Uses and Specific Exclusions.
20.40.050 Accessory Uses.
20.40.060 Permissible Uses not Requiring Land Use Permits.
20.40.070 Change in Use.
20.40.080 Combination Uses.
20.40.090 More Specific Use Controls.20.40.100 Footnotes of Permissible Use Table
20.40.110 Tables of Permissible Uses Key
20.40.120 Residential Zones Permissible Use Table
20.40.130 Commercial and Mixed-Use Zones Permissible Use Table
20.40.140 Industrial Zones Permissible Use Table
20.40.150 Special Zones Permissible Use Table
20.40.160 Public / Semi-Public Zone Permissible Use Table
20.40.010 - Tables of permissible uses.
The Tables of Permissible Uses set forth the permissible uses within the respective zoning classifications in
the city, subject to other applicable provisions in this title. It should be read in close conjunction with the
definitions of terms set forth in Section 20.08.010 (definitions of basic terms) and the other interpretative
provisions set forth in this article. The tables are separated into five classifications: Residential Zones,
Commercial and Mixed-Use Zones, Industrial Zones, Special Zones, and Public/Semi-Public Zone.
20.40.020 - Use of thePermit Type designations Z, S, C in tables of permissible uses. Tables.
(a) Subject to Section 20.40.030 (community and economic development director jurisdiction over uses
otherwise permissible with a zoning permit), when used in connection with a particular use in the table
of permissible uses (Section 20.40.010), the letter "P" means that the use is permissible with a valid city
business license. The letters "ZV" mean that the use is permissible with a zoning verification approval.
The letters ACUP mean that the use is permissible with an administrative conditional use permit. The
letter "Z" means that the use is permissible in the indicated zone with a zoning permit issued by the
community and economic development director. The letter "S" means a special use permit must be
obtained from the community and economic development director or hearing examiner, and the letter
"C" means a conditional use permit must be obtained from the hearing examiner.
(b) When used in connection with residential uses the designation "ZSC" means that such developments of
less than twenty dwelling units must be pursuant to a zoning permit, developments of twenty or more
but less than fifty dwelling units need a special use permit, and developments of fifty or more dwelling
units require a conditional use permit.
(c) When used in connection with nonresidential uses, the designation "ZS" or "ZC" means that such
developments require a zoning permit if the total area to be developed is less than four acres in size, and
a special or conditional use permit, respectively, if the total area is four acres or larger in area. The area
to be developed shall be measured using a rectangular perimeter enclosing the full extent of the on-site
development, including any development that may be necessary to meet the requirements of this title.
If development occurs in succession over time, then a special or conditional use permit shall be required
at the point when the entire developed or developing area surpasses four acres.
(d) Use of the designation ZSC for combination uses is explained in Section 20.40.080 (Combination
Uses).
Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 2 Updated October 2022July 2024
20.40.030 - Community and economic development director jurisdiction over uses otherwise permissible
with a zoning permit.
Notwithstanding any other provisions of this chapter, whenever the Tables of Permissible Uses (interpreted
in the light of Section 20.40.020 (Use of the Designations Z, S, C in Tables of Permissible Uses) and the
other provisions of this chapter) provides that a use in a nonresidential zone or a nonconforming use in a
residential zone is permissible with a zoning permit, a special use permit shall nevertheless be required if
the community and economic development director finds that the proposed use would have an extraordinary
impact on neighboring properties or the general public. In making this determination, the community and
economic development director shall consider, among other factors, whether the use is proposed for an
undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal
use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards
or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ
substantially from those presented by other uses that are permissible in the zoning district in question.
20.40.040 - Permissible uses and specific exclusions.
(a) The presumption established by this title is that all legitimate uses of land are addressed within the Tables
of Permissible Uses and are either allowed or not allowed thereby. But because the list of permissible
uses set forth in the Tables of Permissible Uses cannot be all-inclusive, those uses that are listed shall
be interpreted liberally to include other uses that have similar impacts to the listed uses.
(b) Notwithstanding Subsection (a), all distinct uses that are not listed in the Tables of Permissible Uses,
even given the liberal interpretation mandated by Subsection (a), are prohibited. Nor shall the Tables of
Permissible Uses be interpreted to allow a use in one zoning district when the use in question is more
closely related to another specified use that is permissible in other zoning districts. Similarly, all uses
listed but left blank under the zone compatibility columns are prohibited.
(c) Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited
in all districts:
(1) Any use that involves the manufacture, handling, sale, distribution, or storage of any highly
combustible or explosive materials in violation of the city's fire prevention code.
(2) RV Parks
(3) Outdoor Storage unless permitted per 20.44.
(4) Stand Alone Private Parking Lot
(5) Cannabis Collective Gardens
(6) Cannabis Dispensaries
(7) Lattice Towers
(8) Off-Premises Signs
(9) Mini-Storage and Storage Units
(10) Stockyards, slaughterhouses, rendering plants.
(11) Use of a travel trailer, motor home, or other recreational vehicle as a permanent residence.
(Temporary residence is permitted under certain conditions pursuant to Section 20.44.044,
Recreational Vehicles as Temporary Dwelling Units).
(12) Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any
goods are sold or stored, any services are performed, or other business is conducted. This
prohibition does not apply to temporary public services, such as bookmobiles, blood donation
centers, public service information, or mobile sales and deliveryetc. (Situations that do not comply
with this subsection on the effective date of this title are required to conform within thirty days.)
(13) The following activities, including any similar activities, are prohibited as home occupations in all
zones: marijuana production, marijuana processing, and marijuana retail.
(14) The number of permanent supportive housing units and transitional housing units allowed on any
given property shall be no more than the number of standard dwelling units that would be allowed
under the zoning of the property, PROVIDED THAT in no case shall the number of permanent
supportive housing units and transitional housing units allowed on any given property exceed ten.
Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 3 Updated October 2022July 2024
No permanent supportive housing unit or transitional housing unit may be located within one mile
of another property than contains permanent supportive housing or transitional housing. Each unit
of permanent supportive housing or transitional housing shall be limited to occupancy by one family
as that term is defined in the AMC. All permanent support housing units and transitional housing
units shall be within a quarter mile walking distance to a Community Transit bus stop. Permanent
supportive housing or transitional housing shall not be located within a mile of emergency housing
and emergency shelters.
(15) The occupancy of an emergency shelter or emergency housing facility shall be limited to no more
than five families or twenty people, whichever is fewer. There shall be no more than one
continuously operating emergency shelter in the city and no more than one continuously operating
emergency housing facility within the city. As used herein, the phrase “continuously operating” is
intended to exclude emergency shelters and emergency housing facilities that are needed to respond
temporarily to a natural disaster or other similarly acute emergency that has caused unexpected
homelessness within the city. No continuously operating emergency shelter may be located within
a mile of a continuously operating emergency housing facility. No continuously operating
emergency housing facility may be located within a mile of a continuously operating emergency
shelter. Emergency housing and emergency shelters shall not be located within a mile of permanent
supportive housing or transitional housing units.
20.40.050 - Accessory uses.
(a) The tables of permissible uses classify different principal uses according to their different impacts.
Whenever an activity (which may or may not be separately listed as a principal use in this table) is
conducted in conjunction with another principal use and the former use (i) constitutes only an incidental
or insubstantial part of the total activity that takes place on a lot, or (ii) is commonly associated with the
principal use and integrally related to it, then the former use may be regarded as accessory to the principal
use and may be carried on underneath the umbrella of the permit issued for the principal use.
(b) For purposes of interpreting Subsection (a):
(1) A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself
or in relation to the principal use,
(2) To be "commonly associated" with a principal use it is not necessary for an accessory use to be
connected with such principal use more times than not, but only that the association of such
accessory use with such principal use takes place with sufficient frequency that there is common
acceptance of their relatedness.
(c) Without limiting the generality of Subsections (a) and (b), the following activities, so long as they satisfy
the general criteria set forth above, are specifically regarded as accessory to residential principal uses:
(1) Offices or studios within an enclosed building and used by an occupant of a residence located on the
same lot (or lots where the principal use occupies more than one lot) as such building to carry on
administrative or artistic activities of a commercial nature, so long as such activities do not fall
withinmeet the definition of a home occupation.
(2) Hobbies or recreational activities of a noncommercial nature.
(3) The renting out of one or two rooms within a single-family residence (which one or two rooms do
not themselves constitute a separate dwelling unit) other than on a daily or weekly basis to not more
than two persons who are not part of the family that resides in the single-family dwelling.
(4) Yard sales or garage sales, so long as such sales are not conducted on the same lot (or lots where the
principal use occupies more than one lot) for more than three days (whether consecutive or not)
during any ninety-day period.
(d) Without limiting the generality of Subsections (a) and (b), the following activities shall not be regarded
as accessory to a residential principal use and are prohibited in residential districts.
(1) Abandoned vehicles as regulated by AMC Chapter 9.92 (Abandoned Vehicles).
Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 4 Updated October 2022July 2024
(e) Without limiting the generality of subsections (a) and (b), so long as they satisfy the general criteria set
forth above, are specifically regarded as accessory for non-residential principal uses:
(1) Incidental retail sale of items that are manufactured, produced, processed, or assembled within the
same building and/or on the same parcel as the non-retail principal use.
(2) Mobile sales and delivery.
(3) Office for and within an industrial/manufacturing business within the Light Industrial and General
Industrial zones.
(4) Religious assembly.
(5) Storage, shipping, or moving container that is utilized by the principal use on the same property.
(6) Daycare, for employees of the principal use, where allowed by the Table of Permissible Uses or as
part of an educational or religious building.
20.40.060 - Permissible uses not requiring land use permits.
Notwithstanding any other provisions of this title, no zoning, special use, or conditional use permit is
necessary for the following uses:
(1) Electric power, telephone, telegraph, cable television, gas, water, sewer, and storm lines, wires or pipes,
together with supporting poles or structures, located within a public right-of-way.
(2) Neighborhood, but not regional, utility facilities located within a public right-of-way with the permission
of the owner (state or city) of the right-of-way.
20.40.070 - Change in use.
(a) A substantial change in use of property occurs whenever a new use or activity conducted on a lot creates
a more intensive impact to the site in question or to the infrastructure of the city than the previous use,
as determined by the community and economic development director and/or his or her designee.
(b) A mere change in the status of property from occupied to unoccupied or vice versa does not constitute
a substantial change in use. Whether a change in use occurs shall be determined by comparing the two
active uses of the property without regard to any intervening period during which the property may have
been unoccupied unless the property has remained unoccupied for more than one hundred eighty
consecutive days or has been abandoned.
(c) A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as
a substantial change in use.
(d) A proposal to A substantial change to the use of a building or property is required to submit a change of
use application and may require additional permitting on the property, such as site, landscaping or
building design improvements to bring the current building or property up to current code requirements.
(e) A change in use may require additional vehicle parking spaces, electric vehicle parking spaces,
accessible parking spaces, exterior building design compliance, bicycle parking spaces, bicycle racks,
pedestrian crosswalks, and/or pedestrian access points to streets and buildings.
(f) Change of use permits requirements are listed in Chapter 20.44 Supplemental Use Regulations.
20.40.080 - Combination uses.
(a) When a combination use comprises two or more principal uses that require different types of permits
(zoning, special use, or conditional use), then the permit authorizing the combination use shall be:
(1) A conditional use permit if any of the principal uses combined requires a conditional use permit.
(2) A special use permit if any of the principal uses combined requires a special use permit but none
requires a conditional use permit.
(3) A zoning permit in all other cases.
20.40.090 - More specific use controls.
Whenever a development could fall within more than one use classification in the tables of permissible uses
the classification that most closely and most specifically describes the development controls.
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 5 Updated October 2022July 2024
20.40.100 – Footnotes of the Permissible Use Tables
These footnotes are intended to be a helpful reminder that specific uses may be subject to supplemental
regulations. The lack of a footnote does not mean that a particular use is not subject to applicable
supplemental use regulations. If a particular use does not have a footnote, there still may be applicable
supplemental use regulations. If a proposed use is clearly intended to comply with specific supplemental
use regulations, then it is subject to them. The community development director will make the determination
of whether specific supplemental use regulations are applicable to a particular project. Please see Chapter
20.44 for a complete list of the supplemental use regulations.
These footnotes are intended to provide specific supplemental use regulations or specific code sections that may be
applicable for the particular use to be allowed within a certain zone, as listed in the Permissible Use Tables. If a
particular use does not have a footnote, there still may be specific applicable regulations of the municipal code that
are required to be met in order to permit the proposed use. If a proposed use is clearly intended to comply with specific
supplemental use regulations or code sections, then it is subject to them. The community and economic development
director or his/her designee will make the determination of whether specific supplement use regulations or code
sections are applicable to a particular project.
20.40.110 – Tables of Permissible Uses Key
Tables of Permissible Uses Key
Z = Zoning Permit ZSC = Zoning, Special Use or Conditional Use Permit
S = Special Use Permit ACUP = Administrative Conditional Use Permit
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 6 Updated October 2022July 2024
20.40.120 – Residential Zones Permissible Use Table
RESIDENTIAL USE DESCRIPTIONS ZONES
RULC RLC RMOD RMC RHC OTR 1
Cultural, Social, or Fraternal Uses
Art Gallery 2 SC SC SC SC SC
Library 2 SC SC SC SC SC
Educational
Commercial Nursery Schools; Day Care Centers S S S S S S
Elementary and Secondary Schools C C C C C C
Environmental
Critical Area Uses (AMC 20.93) Z Z Z Z Z Z
Land Clearing and Logging 3 Z Z Z Z Z Z
Institutional Residence, Care or Confinement Facilities
4 CS CS CS ZS ZS CS
Nursing Care Institutions, Intermediate Care Institutions,
Handicapped or Infirm Institutions, Childcare Institutions 4 CS CS CS ZS ZS CS
Land Division
Boundary Line Adjustments Z Z Z Z Z Z
Master Planned Neighborhood Developments 5 Permissible only in MPN Overlay
Subdivision Major C C C C C C
Subdivision Minor Z Z Z Z Z Z
Unit Lot Subdivision Major 6 C 7 C C C C
Unit Lot Subdivision Minor6 Z 7 Z Z Z Z
Motor Vehicle-Related Sales and Service Operations
Electric Vehicle Infrastructure (Residential Use) 7, 8 ZV ZV ZV ZV ZV ZV
Public and Semi-Public Facilities
Cemetery ZS ZS ZS ZS ZS ZS
Civil Defense Operation ZS ZS ZS ZS ZS ZS
Fire Stations C C C C C C
Police Stations C C C C C C
Rescue Squad, Ambulance Service C C C C C C
Special Events 9 P P P P P P
(Mobile Classrooms, Civic Services, Public Health Centers,
9 10
Z
ACUP
Z
ACUP
Z
ACUP
Z
ACUP
Z
ACUP
Z
ACUP
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 7 Updated October 2022July 2024
RESIDENTIAL USE DESCRIPTIONS ZONES
RULC RLC RMOD RMC RHC OTR 1
Recreation, Amusement, or Entertainment
Outdoor Recreation: Athletic Fields, Tennis Courts,
Swimming Pools, Miniature Golf Courses, Water Slides,
Skateboard Parks, Parks, Swimming Pools, Driving
Range, Golf Course, Par 3 Golf Course, and Similar Uses
C 4 C 4 C 4 C C C
Religious
Religious Assembly – Accessory PZV PZV PZV PZV PZV PZV
Residential
Accessory Dwelling Unit 1011 ZV ZV ZV ZV ZV ZV
Co-Living Housing 12 ZV ZV ZV ZV
Cottage Housing 12 13 ZSC ZSC ZSC
Duplex ZV ZV ZV ZV ZV
Manufactured or Mobile Home 1114, 15 ZV ZV
Manufactured or Mobile Home Park 11, 13 14, 15 ZSC ZSC ZSC
Multi-Family Apartments ZSC ZSC
Multi-Family Fourplex ZSC ZSC ZSC ZSC
Multi-Family Garden Apartments ZSC ZSC ZSC ZSC
Multi-Family Rowhouses ZSC ZSC ZSC ZSC
Multi-Family Townhouses ZSC ZSC ZSC ZSC
Multi-Family Triplex ZSC ZSC ZSC ZSC
Single-Family Residence, Detached ZV ZV ZV ZV
Residential Homes Emphasizing Special Services, Treatment, or Supervision 17
Adult Family Homes (6 or fewer adults) 1416 Z Z Z Z Z Z
Emergency Housing Z-ZV Z-ZV Z-ZV Z-ZV Z-ZV Z-ZV
Halfway Houses 15 CZS CZS CZS CZS CZS CZS
Homes for Handicapped or Infirm 15 CZ-ZV CZ-ZV CZ-ZV CZ-ZV CZ-ZV CZ-ZV
In-Home Child Day Care ZV ZV ZV ZV ZV ZV
Nursing Care, Intermediate Care Homes 15 CZ CZ CZ CZ CZ CZ
Permanent Supportive Housing 16 CZ-ZV CZ-ZV CZ-ZV CZ-ZV CZ-ZV CZ-ZV
Special Needs Childcare Homes 15 CZV CZV CZV CZV CZV CZV
Transitional Housing 16 CZ-ZV CZ-ZV CZ-ZV CZ-ZV CZ-ZV CZ-ZV
Residential Rooms for Rent
Rooming Houses, Boarding Houses Z Z Z Z Z Z
Tourist Homes and Temporary Residences ZV ZV ZV ZV ZV ZV
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 8 Updated October 2022July 2024
RESIDENTIAL USE DESCRIPTIONS ZONES
Retail Trade
Home Occupation 1718 P P P P P P
Mobile Sales and Delivery 18 ACUP ACUP ACUP ACUP ACUP ACUP
Utility Facilities
8
Electrical Community or Regional Facility C C C C C C
Electrical Neighborhood Facility Z Z Z Z Z Z
Public Utilities Z Z Z Z Z Z
Franchise Utilities Z Z Z Z Z Z
Wireless Communication Facilities 19
Commercial Macro Facilities 19 Z Z Z
Commercial Micro Facilities 19 Z Z Z Z Z Z
Commercial Mini Facilities 19 Z Z Z
Non-Commercial Towers and Antennas 50 feet tall or less Z Z Z Z Z Z
Non-Commercial Towers and Antennas more than 50 feet tall
and Receive-Only Earth Stations S S S S S S
Miscellaneous
Footnotes of the Table of Residential Permissible Uses
1 Subject to the Old Town Residential Design Standards
2 A Zoning Permit is required if this use is located within a building designed and previously legally occupied as a residence. A
Conditional Special Use Permit is required if the use is located within any permissible building.
3 Subject to Section 20.44 Part II – Land Clearing, Grading, Filling, and Excavation and Chapter 20.80 Forest Land Conversion
4 Subject to Section 20.38.080 – Performance Standards and Miscellaneous Restrictions
5 Subject to Section 20.44.032 – Master Planned Neighborhood DevelopmentsSubarea Plans.
6 Subject to Section 20.44.020 – Unit Lot Subdivisions
7 Unit Lot Subdivision for Duplex Lots Only.
7 8 Subject to Section Chapter 20.44.098114 – Electric Vehicle Infrastructure. Single Family Residence, Duplex, Triplex,
Fourplex, Row House, Townhouse, Cottage Housing, or ADU uses with a garage shall install in the garage of each residential
unit.Alternative Energy Systems
8 Subject to Section 20.44.098 – Electric Vehicle Infrastructure. Multi-Family and Cottage Housing that installs shared parking
areas or lots shall install electric vehicle parking stalls for resident use.
9 Subject to Chapter 5.44 – Parades, Athletic Events and other Special Events
9 10 Subject to Section 20.44.048 – Temporary Public Structures. No permit is required for an emergency that includes a natural
disaster, emergency response for a specific event, or emergency situation based on a State of Emergency.
10 11 Subject to Section 20.44.042 – Accessory Dwelling Units
12 Subject to Section 20.44.050 – Co-Living Housing
13 Subject to Section 20.44 Part IV – Cottage Housing
11 14 Subject to Section 20.44.060 – Minimum Parcel Sizes for Class A, B, or C Mobile Home
12 Subject to Section 20.44 Part IV – Cottage Housing
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 9 Updated October 2022July 2024
13 15 Subject to Section 20.44.062 – Mobile Home Parks
14 16 Subject to Section 20.44.068 – Adult Family Homes
15 17 Subject to Section 20.44.070 – Homes Emphasizing Special Services, Treatment, or Supervision (Z-ZV = Z: new structure
or ZV: within an existing structure and ZS = Z: within an existing structure or S new structure)
16 Subject to Section 20.40.040 – Permissible Uses and Specific Exclusions (c) (6)
17 18 Subject to Section 20.44.082 – Home Occupations
18 Subject to Section 20.44.080 – Mobile Sales and Delivery
19 Subject to Section 20.44.034 – Wireless Communications Facilities
Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 10 Updated October 2022July 2024
20.40.130 – Commercial and Mixed-Use Zones Permissible Use Table
COMMERCIAL AND MIXED USE
USE DESCRIPTIONS
ZONES
NC 1 OTBD-1 OTBD-2 OTBD-3 GC 1, 3, 4 CC 2 HC 1, 3, 4
Cultural, Social, or Fraternal Uses
Art Gallery or Center 3 ZS ZS ZS ZS ZS 4 SC ZS
Library 3 ZS ZS ZS ZS ZS 4 SC ZS
Museum 3 ZS ZS ZS ZS ZS 4 SC ZS
Social, Fraternal Clubs and Lodges, Union
Halls, and Similar Uses 5 ZS ZS ZS ZS ZS SC ZS
Educational
Colleges, Universities, Community Colleges 5 ZS ZS 4 ZS
5 ZS ZS ZS ZS 4 SC ZS
Trade or Vocational Schools ZS 65 ZS ZS ZS 4 SC ZS
Environmental
Critical Area Uses (AMC 20.93) Z Z Z Z Z Z Z
Land Clearing and Logging 76 Z Z Z Z Z Z Z
Industry, Manufacturing, Processing, Repairing, Renovating, Assembly of Goods, Merchandise or Equipment
Fully Enclosed Building and Primarily
Consists of Business Done with Walk-In ZS ZS ZS ZS SC ZS
Institutional Residence, Care or Confinement Facilities
Hospitals, Clinics, Other Medical 4, 5 ZS ZS ZS ZS
Institutions (Other than Halfway Houses) for
Confined Mentally Ill Persons 4, 5 C ZS ZS ZS
Nursing Care Institutions, Intermediate Care
Institutions, Handicapped or Infirm
Institutions, Childcare Institutions 4, 5
ZS ZS ZS ZS ZS
Land Division
Binding Site Plan Major C C C C C C C
Binding Site Plan Minor Z Z Z Z Z Z Z
Boundary Line Adjustments Z Z Z Z Z Z Z
Major Subdivision C
Minor Subdivision Z
Unit Lot Subdivision Major 87 C C C C C
Unit Lot Subdivision Minor 87 Z Z Z Z Z
Marijuana Production, Processing, and Retail
Marijuana Retail Z Z Z
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 11 Updated October 2022July 2024
COMMERCIAL AND MIXED USE
USE DESCRIPTIONS
ZONES
NC 1 OTBD-1 OTBD-2 OTBD-3 GC 1, 3, 4 CC 2 HC 1, 3, 4
Motor Vehicle-Related Sales and Service Operations
Car Wash ZS ZS
Electric Vehicle Infrastructure 8 Z Z Z Z Z Z Z
Fuel Sales 4 ZS ZS ZS ZS ZS
Painting and Body Work with No Storage of
Vehicles ZS ZS
Repair and Maintenance, Not Including
Substantial Body Work, and No Storage of
Vehicles
ZS ZS ZS
Sales or Rental or Mobile Home Sales ZS ZS ZS ZS
Sales with Installation of Motor Vehicle Parts
or Accessories (Tires, Mufflers, etc.) ZS ZS ZS ZS
Office
Government Office Buildings ZS ZS ZS ZS ZS 4 SC ZS
Health Care Facility ZS ZS ZS ZS ZS 4 SC ZS
Other Similar Office Uses ZS ZS ZS ZS ZS 4 SC ZS
Open Air Markets and Horticultural Sales
Horticultural Sales with Outdoor Display ACUP ACUP ACUP ACUP
Temporary (Seasonal) Farmer's Market ACUP ACUP ACUP ACUP ACUP ACUP ACUP
Personal Services
Banks with Drive-Thru Windows ZS ZS ZS ZS ZS
Dry Cleaner / Laundromat ZS ZS ZS ZS ZS
Salon / Barber Shop / Beauty Shop / Tanning ZS ZS ZS ZS ZS 4 SC ZS
Studio: Art, Music, Dance ZS ZS ZS ZS ZS SC ZS
Travel Agencies ZS ZS ZS ZS ZS 4 SC ZS
Other Similar Uses ZS ZS ZS ZS ZS 4 SC ZS
Professional Services
Attorney / Legal Services ZS ZS ZS ZS ZS 4 SC ZS
Clinics of Physicians or Dentist ZS ZS ZS ZS ZS 4 SC ZS
Consultant ZS ZS ZS ZS ZS 4 SC ZS
Crematorium ZS ZS ZS ZS ZS ZS
Funeral Home ZS ZS ZS ZS ZS ZS
Insurance / Stockbroker ZS ZS ZS ZS ZS 4 SC ZS
Other Similar Uses ZS ZS ZS ZS ZS 4 SC ZS
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 12 Updated October 2022July 2024
COMMERCIAL AND MIXED USE
USE DESCRIPTIONS
ZONES
NC 1 OTBD-1 OTBD-2 OTBD-3 GC 1, 3, 4 CC 2 HC 1, 3, 4
Public and Semi-Public Facilities
Bus Station, Train Station 5 ZS ZS ZS ZS ZS SC ZS
Civil Defense Operation ZS ZS ZS ZS ZS SC ZS
Fire Stations 4 S ZS ZS ZS ZS SC ZS
Military Reserve, National Guard Centers ZS SC ZS
Police Stations 4 S ZS ZS ZS ZS SC ZS
Post Office ZS ZS ZS ZS ZS SC ZS
Public Parking Lot or Parking Garage ZS ZS ZS ZS ZS ZS
Rescue Squad, Ambulance Service 4 S ZS ZS ZS ZS SC ZS
Special Events 9 P P P P P P P
Used for Public Services (Mobile Classrooms,
Civic Services, Public Health Centers,
910
Z
ACUP ZACUP ZACUP ZACUP ZACUP Z
ACUP ZACUP
Recreation, Amusement, Entertainment
Courts, Swimming Pools, Miniature Golf
Courses, Water Slides, Skateboard Parks,
Parks, Swimming Pools, Driving Range, Golf
ZS ZS ZS ZS ZS 4 SC ZS
Rinks, Indoor Tennis and Squash Courts,
Billiards and Pool Halls, Indoor Athletic and
Exercise Facilities, and Similar Uses
ZS ZS ZS ZS ZS 4 SC ZS
designed to seat or accommodate
4, 5
ZS ZS
Drive-in movie theaters 4, 5 ZS ZS
5 ZS ZS ZS ZS ZS SC ZS
Movie Theaters Unlimited seating capacity 5 ZS ZS ZS ZS
Religious
Religious Assembly - Accessory PZV PZV PZV PZV PZV PZV PZV
Religious Assembly – Principle 5 ZS ZS ZS ZS ZS SC ZS
Residential
2, ,511 ZV ZV ZV ZV
Co-Living Housing ZV ZV ZV ZV ZV ZV
In-Home Child Day Care 12 ZV
Multi-Family Apartments ZSC ZSC SC SC SC
Multi-Family Fourplex ZSC ZSC SC SC SC
Multi-Family Garden Apartments ZSC SC SC SC
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 13 Updated October 2022July 2024
COMMERCIAL AND MIXED USE
USE DESCRIPTIONS
ZONES
NC 1 OTBD-1 OTBD-2 OTBD-3 GC 1, 3, 4 CC 2 HC 1, 3, 4
Residential, continued
Multi-Family Rowhouses ZSC ZSC ZSC ZSC ZSC
Multi-Family Townhouses ZSC ZSC ZSC ZSC ZSC
Multi-Family Triplex ZSC
Residential Use (Mixed Use) 4, 5, 10 11 ZSC ZSC ZSC ZSC ZSC SC ZSC
Multi-Family Use Horizontal to a Permitted
Non-Residential Use (Mixed Use) 1, 2 SC SC SC SC
5 ZV ZV ZV ZV
Single-Family Residence, Detached ZV
Residential Homes emphasizing special services, treatment, or supervision 14
Adult Family Homes (6 or fewer adults) 1113 Z Z Z Z
Emergency Housing Z-ZV Z-ZV Z-ZV Z-ZV Z-ZV Z-ZV Z-ZV
Emergency Shelter Z-ZV Z-ZV Z-ZV
Halfway houses 12 CZS
Homes for handicapped or infirm 12 CZ Z CZ
Nursing care, intermediate care homes 12 CZ Z
Permanent Supportive Housing 13 CZ CZ CZ CZ CZ
Special Needs Childcare homes 12 Z CZ Z Z Z
Transitional Housing 13 CZ CZ CZ CZ CZ
Residential Rooms for Rent Situations
Emergency Housing 14 C C
Emergency Shelter 14 C C
institutions providing overnight SC ZSC
Rooming houses, boarding houses Z Z
ZV ZV ZV
Restaurants, Bars, Night Clubs
Thru Service; Consumption Outside Fully ZS ZS ZS ZS ZS SC ZS
Service; Service or Consumption Outside ZS ZS ZS ZS ZS
No Substantial Carry-Out or Delivery Service;
No Drive-Thru Service; Service or
Consumption Inside or Outside Fully
Enclosed Building
ZS ZS ZS ZS ZS 4 SC ZS
Gambling Establishments ZS
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 14 Updated October 2022July 2024
COMMERCIAL AND MIXED USE
USE DESCRIPTIONS
ZONES
NC 1 OTBD-1 OTBD-2 OTBD-3 GC 1, 3, 4 CC 2 HC 1, 3, 4
Retail Trade – No Outside Storage of Goods Allowed
Convenience Stores Z Z Z Z Z SC Z
General Mercantile ZS ZS ZS ZS ZS 4 SC ZS
Home Occupation 1512 P P P P P P P
15 ZS ZS ZS ZS ZS SC ZS
Wholesale Sales ZS 4 SC ZS
Retail Trade – Outside Storage of Goods and Display Allowed
General Mercantile 5 ZS ZS ZS ZS SC
Mobile Sales and Delivery 16 ACUP ACUP ACUP ACUP ACUP ACUP ACUP
15 ZS ZS ZS SC
Wholesale sales ZS SC
Services and Enterprises Related to Animals
Pet Grooming/Pet Store ZS ZS ZS ZS SC ZS
Veterinarian ZS ZS ZS ZS SC ZS
Utility Facilities
Alternative Energy Systems 8 ZS ZS ZS ZS ZS ZS ZS
Electrical Community or Regional Facility C C C C C
Electrical Neighborhood Facility Z Z Z Z Z SZ Z
Public Utilities Z Z Z Z Z Z Z
Franchise Utilities Z Z Z Z Z Z Z
Wireless Communication Facilities 17
Commercial Antennas 50 feet tall or less Z SC Z
and receive-only earth stations ZS SC ZS
Commercial Monopole I 17 C C
Commercial Monopole II 17 C C
Commercial Macro Facilities 17 Z Z Z Z Z SC Z
Commercial Micro Facilities 17 Z Z Z Z Z SC Z
Commercial Mini Facilities 17 Z Z Z Z Z SC Z
tall or less Z Z Z Z Z SC Z
than 50 feet tall and receive-only earth
stations
Z S ZS SC ZS
Miscellaneous
Combination Uses ZSC ZSC ZSC ZSC ZSC SC ZSC
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 15 Updated October 2022July 2024
Footnotes of the Table of Commercial and Mixed-Use Permissible Uses
1 Residential Uses are only allowed in the General Commercial, and Highway Commercial, and Neighborhood Commercial
zones when regulated by the Mixed-Use Development Regulations, Section 20.110. All permissible uses shall meet the Use
Table Requirements of the specific Place Type and Transect of the property of the intended use.
2 Commercial Corridor uses are regulated by the Mixed-Use Development Regulations Section 20.110. All permissible uses
shall meet the Use Table Requirements of the specific Place Type and Transect of the property of the intended use. Uses
that are allowed but not specifically listed in the Mixed-Use Development Regulations have been listed in the above table.
3 A Zoning Permit is required if this use is located within a building designed and previously legally occupied as a residence. A
Conditional Use Permit is required if the use is located within any permissible building.
4 3 Subject to Section 20.38.080 – Performance Standards and Miscellaneous Restrictions
5 4 Subject to Section 20.38.070 – Restrictions on Certain Use Classifications on Arlington Airport Property
6 5 Subject to Section 20.44.064 – Trade or Vocational Schools in OTBD-1
7 6 Subject to Section 20.44 Part II – Land Clearing, Grading, Filling, and Excavation and Chapter 20.80 Forest Land Conversion
8 7 Subject to Section 20.44.020 – Unit Lot Subdivisions follow the short and major subdivision regulations
8 Subject to 20.114 – Alternative Energy Systems
9 Subject to Chapter 5.44 – Parades, Athletic Events and other Special Events
9 10 Subject to Section 20.44.048 – Temporary Public Structures. No permit is required for an emergency that includes a natural
disaster, emergency response for a specific event, or emergency situation based on a State of Emergency.
10 11 Subject to Section 20.44.016 – Mixed Use Developments
12 Subject to Section 20.44.082 – Home Occupations
11 13 Subject to Section 20.44.068 – Adult Family Homes
12 14 Subject to Section 20.44.070 – Homes Emphasizing Special Services, Treatment, or Supervision (Z-ZV = Z: new structure
or ZV: within an existing structure and ZS = Z: within an existing structure or S new structure)
13 Subject to Section 20.40.040 – Permissible Uses and Specific Exclusions (c) (6)
14 Subject to Section 20.40.040 – Permissible Uses and Specific Exclusions (c) (7)
15 Subject to Section 20.44.082 – Home Occupations
16 15 Subject to Section 20.40.050 Accessory Uses
16 Subject to Section 20.44.080 – Administrative Conditional Use Permit for Mobile Sales and Delivery
17 Subject to Section 20.44.034 – Wireless Communications Facilities
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 16 Updated October 2022July 2024
20.40.140 – Industrial Zones Permissible Use Table
INDUSTRIAL USE DESCRIPTIONS ZONES
LI 1, 2, 3 GI 1, 2, 3
Agricultural
Commercial Greenhouse On-Premises Sales ZS
Educational
Colleges, Universities, Community Colleges 2 ZS 1
Commercial Nursery Schools; Day Care Centers (Accessory) 1, 2 4 ZSZV ZSZV
Trade or vocational schools 1 ZS ZS
Environmental
Critical Area Uses (AMC 20.93) Z Z
Land Clearing and Logging 35 Z Z
Land Division
Binding Site Plan Major C C
Binding Site Plan Minor Z Z
Boundary Line Adjustments Z Z
Industry, Manufacturing, Processing, Repairing, Renovating, Assembly of Goods, Merchandise or Equipment
Brewery, Distillery, Craft Beverage Production with or without Tasting Room
or Restaurant (No Drive-Thru Services) ZS ZS
ZS ZS
Operations Conducted Within or Outside Fully Enclosed Building ZS
Marijuana Production, Processing, and Retail
Marijuana Processing 46 Z Z
Marijuana Production 46 Z Z
Motor Vehicle-Related Sales and Service Operations
Electric Vehicle Infrastructure 7 ZS ZS
Fuel sales 1 ZS ZS
Repair and Maintenance, Painting and Body Work with Storage of Vehicles ZS
Scrap Materials Salvage Yards, Junkyards, Automobile Graveyards, and
Automobile Recycling Facilities 58 ZS
Office
Government Office Buildings 9 ZS ZS 6
Health Care Facility ZS ZS 6
Industrial or Manufacturing On-Site Office ZS ZS
Research and Development 710 ZS ZS
Technology 7 10 ZS ZS
Other Similar Uses 9 ZS ZS 6
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 17 Updated October 2022July 2024
INDUSTRIAL USE DESCRIPTIONS ZONES
LI 1, 2, 3 GI 1, 2, 3
Open Air Markets and Horticultural Sales
Horticultural Sales with Outdoor Display ACUP
Personal Services
Dry Cleaner / Laundromat ZS
Professional Services
Crematorium with or without Funeral Home ZS ZS
Funeral Home ZS ZS
Public and Semi-Public Facilities
Bus Station, Train Station ZS ZS
Civil Defense Operation ZS ZS
Fire Stations 1 ZS ZS
Military Reserve, National Guard Centers ZS ZS
Police Stations 1 ZS ZS
Public Parking Lots or Parking Garages ZS ZS
Rescue Squad, Ambulance Service 1 ZS ZS
Special Events 11 P P
Classrooms, Civic Services, Public Health Centers, Emergency Response Centers,
etc.) 812
Z Z
Recreation, Amusement, Entertainment
Outdoor Recreation: Athletic Fields, Tennis Courts, Swimming Pools, Miniature
Golf Courses, Water Slides, Skateboard Parks, Parks, Swimming Pools, Driving
Range, Golf Course, Par 3 Golf Course, and Similar Uses
ZS ZS
Indoor Recreation: Bowling Alleys, Skating Rinks, Indoor Tennis and Squash
Courts, Billiards and Pool Halls, Indoor Athletic and Exercise Facilities, and
Similar Uses
ZS ZS
Coliseums and Stadiums, and all other facilities designed to seat or accommodate
1, 3 ZS ZS
Drive-in movie theaters 1, 2 ZS ZS
Indoor Automobile and motorcycle racing tracks ZC ZC
Religious
Religious Assembly - Accessory PZV PZV
Carry-out and delivery service; no drive-thru service; consumption outside fully ZS ZS
Carry-out and delivery service; drive-thru service; service or consumption outside
fully enclosed building allowed ZS ZS
No substantial carry-out or delivery service; no drive-thru service; service or
consumption inside or outside fully enclosed building ZS 1
Establishments offering adult entertainment C
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
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INDUSTRIAL USE DESCRIPTIONS ZONES
LI 1, 2, 3 GI 1, 2, 3
Retail Trade – No Outside Storage of Goods
Distribution Center ZS ZS
Sales / Rentals incidental to a non-retail principal use 4 ZS ZS
Mobile Sales and Delivery 94, 13 ACUP ACUP
Wholesale sales ZS ZS
Retail Trade – Outside Storage of Goods and Display
Distribution Center ZS ZS
General Mercantile 2 ZS
Sales / Rentals incidental to a non-retail principal use 4 ZS ZS
Wholesale sales ZS
Services and Enterprises Related to Animals
Kennel ZS ZS
Veterinarian ZS ZS
Soil Processing, Mining, and Quarrying Operations 14
Soil processing, mining, and quarrying operations, including on-site sales of
product 10 ZS
Solid Waste Facilities (Publicly or Privately Owned) 14
Biosolid Recycling 10 ZS
Solid Waste Recycling Center 10 ZS
Solid Waste Transfer Station 10 ZS
Storage and Parking
Parking of vehicles or storage of equipment outside enclosed structures where
vehicles or equipment are owned and used by the person making use of lot.11 4, 8,15 ZS
Storage, Shipping, or Moving Container (accessory use only) 124 ZS ZS
Warehouse Storage Facility ZS 10 ZS
Utility Facilities
Alternative Energy Systems 7 ZS ZSC
Electrical Community or Regional Facility ZS ZS
Electrical Neighborhood Facility Z Z
Public Utilities Z Z
Franchise Utilities Z Z
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 19 Updated October 2022July 2024
INDUSTRIAL USE DESCRIPTIONS ZONES
LI 1, 2, 3 GI 1, 2, 3
Wireless Communication Facilities 116
Commercial Antennas 50 feet tall or less Z Z
Commercial Antennas more than 50 feet tall and receive-only earth stations ZS ZS
Commercial Monopole I 13 C C
Commercial Monopole II 13 C
Commercial Macro Facilities 13 Z Z
Commercial Micro Facilities 13 Z Z
Commercial Mini Facilities 13 Z Z
Non-Commercial Towers and Antennas 50 feet tall or less Z Z
Non-Commercial Towers and Antennas more than 50 feet tall and receive-only
earth stations ZS ZS
Miscellaneous
Combination Uses ZSC ZSC
Footnotes of the Table of Industrial Permissible Uses
1 Subject to the permissible uses of the Cascade Industrial Center Planned Action
2 Subject to Sectio20.38.080 – Performance Standards and Miscellaneous Restrictions
2 3 Subject to Section 20.38.070 – Restrictions on Certain Use Classifications on Arlington Airport Property
4 Subject to Section 20.40.050 – Accessory Uses
3 5 Subject to Section 20.44 Part II – Land Clearing, Grading, Filling, and Excavation and Chapter 20.80 Forest Land
Conversion
4 6 Subject to Section 20.08.010 – Definitions of Basic Terms and Section 20.48.040 – Building Setback Requirements
7 Subject to Section 20.114 – Alternative Energy Systems
5 8 Subject to Section 20.44.066 – Outdoor Storage for Scrap Materials, Salvage Yards, Junkyards, Automobile Graveyards,
Automobile Recycling Facilities, Construction Yards, and Industrial or Manufacturing Uses
6 9 Subject to Section 20.44.084 – Stand Along Office Uses in the General Industrial Zone
7 10 Priority in the Center of Excellence of the Airport Business Park
11 Subject to Chapter 5.44 – Parades, Athletic Events and other Special Events
8 12 Subject to Section 20.44.048 – Temporary Public Structures. No permit is required for an emergency that includes a natural
disaster, emergency response for a specific event, or emergency situation based on a State of Emergency.
9 13 Subject to Section 20.44.080 – Administrative Conditional Use Permit for Mobile Sales and Delivery
10 14 Subject to Section 20.44.010 – Solid Waste, Quarrying, Mining, and Similar Uses
11 15 Subject to Sections Chapter 20.72 – Parking and Section Chapter 20.76 – Screening and Trees
12 Subject to Sections 20.46 – Design and Section 20.76 – Screening and Trees
13 16 Subject to Section 20.44.034 – Wireless Communications Facilities
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 20 Updated October 2022July 2024
20.40.150 – Special Zones Permissible Use Table
SPECIAL ZONES USE DESCRIPTIONS ZONES
BP 2,3 AF 1, 2, 3 MS 4
Aviation Related Sales and Service Operations
Aviation Fuel Sales Z
Aircraft Painting and Body Work Z
Aircraft Repair and Maintenance, Not Including Substantial Body Work Z
Aircraft Sales or Rentals Z
Aircraft Sales with Installation of Aircraft Parts or Accessories
(Propellers, Tires, Mufflers, etc.) Z
Aircraft Wash Z
Cultural, Social, Fraternal Uses
Art Gallery or Center ZS Z
Museum ZS Z
Educational
Trade or Vocational Schools ZS Z
Training Facility ZS ZS ZS
Environmental
Critical Area Uses (AMC 20.93) Z Z Z
Land Clearing and Logging 25 Z Z Z
Industry, Manufacturing, Processing, Repairing, Renovating, Assembly of Goods, Merchandise or Equipment
All Operations Conducted Entirely Within Fully Enclosed Building and
Primarily Consists of Business Done with Walk-In or No Walk-In Trade ZS Z
Institutional Residence or Care or Confinement Facilities
Hospitals, Clinics, other Medical 3, 4 ZSC
Institutions (other than halfway houses) for Confined Mentally Ill
Persons 3,4 C
Nursing Care Institutions, Intermediate Care Institutions, Handicapped or
Infirm Institutions, Childcare Institutions 3, 4 ZSC
Land Division
Binding Site Plan Major C C C
Binding Site Plan Minor Z Z Z
Boundary Line Adjustments Z Z Z
Motor Vehicle-Related Sales and Service Operations (Non-Aviation Related)
Electric Vehicle Infrastructure 6 Z Z Z
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 21 Updated October 2022July 2024
SPECIAL USE DESCRIPTIONS ZONES
BP 2,3 AF 1, 2, 3 MS 4
Office
Government Office Buildings ZS Z ZS 5
Health Care Facility ZS 7, 8 ZS 5
Research and Development 69 ZS Z ZS
Technology 6 9 ZS Z ZS
Other Similar Uses ZS Z ZS 5
Professional Services
Clinics of Physicians or Dentist ZS 5
Public and Semi-Public Facilities
Airport C
Bus Station, Train Station ZS
Civil Defense Operation ZS Z
Fire Stations 4 ZS Z
Military Reserve, National Guard Centers ZS Z
Police Stations 4 ZS Z
Public Parking Lot or Parking Garage ZS ZS ZS
Rescue Squad, Ambulance Service 4 ZS Z ZS
Special Events 10 P P P
Temporary mobile or modular structures used for public services (e.g.,
mobile classrooms, civic services, public health centers, emergency
response centers, etc.) 11
Z Z Z
Restaurants, Bars, Night Clubs
outside fully enclosed building allowed ZS Z
service or consumption inside or outside fully enclosed building ZS Z Z
Retail Trade – No Outside Storage of Goods
Distribution Center ZS
Sales / Rentals incidental to a non-retail principal use 12 ZS Z
Wholesale sales ZS Z
Mobile Sales and Delivery 712, 13 ACUP ACUP ACUP
Soil Processing, Mining or Quarrying Operations 14
Soil processing Mining, or Quarrying operations, including on-site sales
of product 2 ZS
Storage and Parking
Parking or storage of aircraft, either inside or outside completely
enclosed structures Z
Warehouse Storage Facility ZS
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 22 Updated October 2022July 2024
SPECIAL ZONES USE DESCRIPTIONS ZONES
BP 2,3 AF 1, 2, 3 MS 4
Utility Facilities
Alternative Energy Systems 6 ZS ZS ZS
Public Utilities Z Z Z
Franchise Utilities Z Z Z
Wireless Communication Facilities 3,4,815
Commercial Antennas 50 feet tall or less Z
ZS
Commercial Macro Facilities Z
Commercial Micro Facilities Z
Commercial Mini Facilities Z
Non-Commercial Towers and Antennas 50 feet tall or less Z Z
Non-Commercial Towers and Antennas more than 50 feet tall and
receive-only earth stations ZS ZS
Combination Uses ZSC ZSC ZSC
Footnotes of the Table of Special Zones Permissible Uses
1 Such uses allowed only for aviation related uses if in compliance with the intent of the zone as established by Section
20.36.034 Aviation Flightline District Established and at the discretion of the Arlington Municipal Airport.
2 Subject to Section 20.44 Part II – Land Clearing, Grading, Filling, and Excavation
3 2 Subject to Section 20.38.070 – Restrictions on Certain Use Classifications on Arlington Airport Property
4 3 Subject to Section 20.38.080 – Performance Standards and Miscellaneous Restrictions
4 Such uses allowed only if in compliance with the intent of the zone as established in Section 20.36.036 – Medical Services
District Established
5 Subject to Section 20.44 Part II – Land Clearing, Grading, Filling, and Excavation and Chapter 20.80 Forest Land
Conversion
6 Subject to Section 20.114 – Alternative Energy Systems
5 Such uses allowed only if in compliance with the intent of the zone as established in Section 20.36.036 – Medical Services
District Established
7 Subject to obtaining an Arlington Municipal Airport lease and compatible surrounding uses.
8 Subject to Section 20.44.070 – Homes Emphasizing Special Services, Treatment, or Supervision.
6 9 Priority in the Center of Excellence of the Airport Business Park
10 Subject to Chapter 5.44 – Parades, Athletic Events and other Special Events
11 Subject to Section 20.44.048 – Temporary Public Structures. No permit is required for an emergency that includes a natural
disaster, emergency response for a specific event, or emergency situation based on a State of Emergency.
12 Subject to Section 20.40.050 – Accessory Uses
7 13 Subject to Section 20.44.080 – Administrative Conditional Use Permit for Mobile Sales and Delivery
14 Subject to Section 20.44.010 – Solid Waste, Quarrying, Mining, and Similar Uses
8 15 Subject to Section 20.44.034 – Wireless Communications Facilities
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 23 Updated October 2022July 2024
20.40.160 – Public / Semi-Public Zone Permissible Use Table
PUBLIC / SEMI-PUBLIC USE DESCRIPTION ZONE
P / SP 1
Educational
Colleges, Universities, Community Colleges 1, 2 C
Commercial Nursery Schools; Day Care Centers 1, 32 ZS
Elementary and Secondary School 2 C
Environmental
Critical Area Uses (AMC 20.93) Z
Land Clearing and Logging 43 Z
Cultural, Social, Fraternal Uses
Institutional Residence or Care or Confinement Facilities 2, 3, 54
Penal and Correctional Facilities
Land Division 2
Binding Site Plan Major C
Binding Site Plan Minor Z
Boundary Line Adjustments Z
Motor Vehicle-Related Sales and Service Operations (Non-Aviation Related)
Electric Vehicle Infrastructure 65 Z
Office
Other Similar Uses ZS
Public and Semi-Public Facilities
Bus Station, Train Station 1 ZS
Civil Defense Operation 2 ZSC
Crematorium ZS
Fire Stations 2, 3 ZSC
2
Police Stations 2, 3 ZSC
Public Parking Lots or Parking Garages ZS
Special Events 6 P
Temporary mobile or modular structures used for public services (mobile classrooms,
civic services, public health centers, emergency response centers, etc.) 7 P
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 24 Updated October 2022July 2024
PUBLIC / SEMI-PUBLIC USE DESCRIPTION ZONE
P / SP
Recreation, Amusement, Entertainment
Indoor Recreation: Bowling Alleys, Skating Rinks, Indoor Tennis and Squash Courts,
Billiards and Pool Halls, Indoor Athletic and Exercise Facilities, and Similar Uses ZSC
Courses, Water Slides, Skateboard Parks, Parks, Swimming Pools, Driving Range, ZSC
Outdoor Entertainment Venue or Amphitheater ZSC
Religious
Religious Assembly – Accessory 2 C ZV
Retail Trade – Outside Storage of Goods and Display Allowed
Mobile Sales and Delivery 7 2, 8 ACUP
Solid Waste Facilities (Publicly or Privately owned) 2
Solid Waste Recycling Center ZSC
Storage and Parking
Parking of vehicles or storage of equipment outside enclosed structures where
vehicles or equipment are owned and used by the person making use of lot, 9, 10 ZSC
Utility Facilities 2
Alternative Energy System 5 ZS
Electrical Neighborhood Facility ZS
Public Utilities Z
Wireless Communication Facilities 2, 3, 811
Non-Commercial Towers and Antennas 50 feet tall or less Z
Non-Commercial Towers and Antennas more than 50 feet tall and receive-only earth
stations ZS
Miscellaneous
Combination Uses ZSC
Footnotes of the Table of Public / Semi-Public Permissible Uses
1 Subject to Section 20.38.070 – Restrictions on Certain Use Classifications on Arlington Airport Property
2 1 Such uses Use allowed in only if in compliance with the intent of the zone as established in Section 20.36.040 –the Public /
Semi-Public District Establisheddistrict when it is conducted by a public / semi-public agency for the benefit of the public
2 Subject to Section 20.40.050 – Accessory Uses
3 Subject to Section 20.38.080 – Performance Standards and Miscellaneous Restrictions
4 3 Subject to Section 20.44 Part II – Land Clearing, Grading, Filling, and Excavation
5 4 Subject to Section 20.44.096 – Penal and Correctional Facilities
6 5 Subject to Section 20.44.098 – Electric Vehicle Infrastructure20.114 – Alternative Energy Systems
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Title 20—Land Use Code Chapter 20.40: Permissible Uses
City of Arlington 20.40 - 25 Updated October 2022July 2024
6 Subject to Chapter 5.44 – Parades, Athletic Events and other Special Events
7 Subject to Section 20.44.048 – Temporary Public Structures. No permit is required for an emergency that includes a natural
disaster, emergency response for a specific event, or emergency situation based on a State of Emergency.
8 Subject to Section 20.44.080 – Administrative Conditional Use Permit for Mobile Sales and Delivery
9 Subject to Section 20.44.066 – Outdoor Storage for Scrap Materials, Salvage Yards, Junkyards, Automobile Graveyards,
Automobile Recycling Facilities, Construction Yards, and Industrial or Manufacturing Uses
10 Subject to Chapter 20.72 – Parking and Chapter 20.76 – Screening and Trees
8 11 Subject to Section 20.44.034 – Wireless Communications Facilities
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Staff Report & Recommendation
AMC Chapter 20.40 Zoning Code Amendment – PLN#1175
Page 1 of 4
Community and Economic Development Planning Division th
CITY COUNCIL STAFF REPORT & RECOMMENDATION
To: Planning Commission
From: Amy Rusko, Planning Manager
Meeting Date: July 22, 2024
Date Prepared: July 16, 2024
Regarding: 2024 AMC Chapter 20.40 Zoning Code Amendment – PLN#1175
A. INTRODUCTION The AMC Chapter 20.40 Zoning Code Amendments is a City-initiated amendment to the Arlington Municipal code that includes updates to the permissible uses chapter. Included with this staff report is the proposed redlined code amendment (Exhibit A).
GENERAL INFORMATION
Applicant: City of Arlington
Project Description: 2024 AMC Chapter 20.40 Zoning Code Amendment
Requested Action: City Council Approval
B. DETAILED PROJECT INFORMATION The 2024 AMC Chapter 20.40 Zoning Code Amendment include updates to the permissible uses chapter of the code. The city updated multiple sections, such as permanent supportive housing, transitional housing, emergency shelters, emergency housing facilities, accessory uses, change in use, footnotes of the permissible use tables, co-living housing, residential homes emphasizing special services, treatment, or supervision, alternative energy systems, commercial corridor uses, temporary mobile or modular structures used for public services, health care facility, and other minor permit type changes throughout the permissible use tables to better align the permit type to the proposed use. Many of the proposed changes were required updates from Engrossed Substitute House Bill 1998, Engrossed Second Substitute House Bill 1110, and Engrossed Second Substitute House Bill 1220 to ensure city compliance with the upcoming Comprehensive Plan update.
Staff Report & Recommendation
AMC Chapter 20.40 Zoning Code Amendment – PLN#1175
Page 2 of 4
C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE:
Type of Determination Issued Date Distribution and Public Notice
SEPA Determination on Non-Significance (DNS) 6/24/2024 City Public Notice Website Emailed to Review Agencies Posted at City Hall, Arlington Library, Smokey Point Post Office The Herald Published Date – 6/26/2024 Comment Period – 6/26/2024 to 7/10/2024 Public comments received during the public comment period.
Comment Summary City Response No comments received to date. Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT:
Public Notice and
Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations 2/06/2024, 2/22/2024, 7/2/2024, 7/16/2024 Planning Commission Agenda Online Planning Commission Email Distribution List
Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for 60-Day Review – 6/3/2024 Deadline for 60-Day Review – 8/2/2024
Planning Commission Public Hearing 7/16/2024 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 6/26/2024 City Council Public Meeting Presentations
Workshop: 7/22/2024 Meeting: 7/29/2024 City Council Agenda Online City Council Email Distribution List
3. COMPREHENSIVE PLAN COMPLIANCE:
Goal Goal Description Summary GO – 1 Ensure City Goals and Policies are consistent with the Growth Management Act.
GO – 2 Continue to provide effective stewardship over the natural and built environments within the City, ensuring harmony between both environments through application of best practice techniques. GO – 3 Work towards promoting and maintaining an urban environment within the City that enhances livability for its residents.
Staff Report & Recommendation
AMC Chapter 20.40 Zoning Code Amendment – PLN#1175
Page 3 of 4
Goal Goal Description Summary GH – 1 Diversify the City’s housing stock.
PH-1.1 A variety of housing types and densities should be encouraged on lands with a residential land-use designation. PH-1.4 Adequate housing opportunities for residents with special housing needs should be provided within the City. PH-1.5 Different classes of group homes should be permissible in residential neighborhoods. GH - 4 Encourage the development of special needs housing within the City.
PH-4.1 The City should support the development of housing for the elderly, handicapped, and other special needs populations through the allowance of mixed-use housing, group housing, and other housing types. GH-7 Increase the opportunity for all residents to purchase or rent safe, and sanitary housing through incentives and other programs.
PH-7.3 The City should support agency and nonprofit organizations in the creation of housing opportunities to accommodate the homeless, elderly, physically or mentally challenged, and other segments of the population who have special needs. GH - 8 Promote and facilitate the provision of affordable housing in all areas and zoning districts of the City.
PH-8.1
The City should work to ensure that housing options for low- and moderate-income households are: a) Dispersed throughout the City to discourage a disproportionate concentration of such housing in any one geographical area of the city. b) Are located near amenities such as commercial and employment areas, transportation facilities, and recreational opportunities and ; c) Are inclusive of a variety of housing types.
PH-8.2 The City should continue to support and participate in regional housing cooperatives such as Snohomish County’s Alliance for Affordable Housing and other regional organizations that promote affordable housing.
PH-805.6
Work with the county in seeking partnerships with other jurisdictions, through the Alliance for Housing Affordability, the Housing Consortium of Everett and Snohomish County, Snohomish County Tomorrow and similar forums, to track the provision of housing by type and affordability. This effort will include an assessment of progress toward meeting the county’s housing goals, including housing that addresses the needs of households within the under 30% AMI, 30-50% AMI and 51-80% AMI segments, as projected in the current Housing Characteristics and Nees Report for Snohomish County. (CWPP HO Policy 4.B.1) GL-7 Encourage a mix of residential densities throughout the City.
Staff Report & Recommendation
AMC Chapter 20.40 Zoning Code Amendment – PLN#1175
Page 4 of 4
4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS
Regulation Meets (a) Amendments to the text of this title may be made in accordance with the provisions of this chapter. has followed the provision of Chapter 20.96 by being processed through the 2024 Docket as a Development Regulation Amendment. Development Regulations. (a) All proposed text amendments to the development or zoning regulations shall be developed, submitted, and presented by the city staff, based on direction from the city council, planning commission, or the director of community and economic development.
process. The City Council approved the 2024 Final Docket through Resolution 2024-008.
Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s development regulations at least sixty days in advance of adoption, as required by RCW 36.70A.106.
Department of Commerce on June 3, 2024 for the standard 60-day review.
Regulation Amendments. (a) An open record public hearing shall be held before the planning commission for all amendments. (c) The city shall give public notice of all public hearings as required by section 20.24.020.
hearing at the July 16, 2024 Planning Commission Meeting. The public noticing is described under Section 2 above.
Development Regulation Amendments. The planning commission shall issue a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision of denial, which decision shall be forwarded to the city council for review and decision.
Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting.
Development Regulation Amendments. The city council’s approval, modification, deferral, or denial of a development regulations amendment proposal shall be based on the following criteria: (1) The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, the Multi-County Planning Policies, County Planning Policies, and the Growth Management Act, RCW Chapter 36.70A; and (2) The proposed change is necessary to further the public interest based on present needs and
provided by staff and considers the goals and objectives of the Comprehensive Plan, County Planning Policies, the Growth Management Act, and RCW Chapter 36.70A, along with the overall public interest prior to considering a decision.
(d) RECOMMENDATION Staff recommends the City Council approve the 2024 AMC Chapter 20.40 Zoning Code Amendment, PLN#1175.
City of Arlington Council Agenda Bill WS #6 Attachment
COUNCIL MEETING DATE: July 22, 2024 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.44 Supplemental Uses ATTACHMENTS: Code Amendment Overview, Ordinance, Supporting Documents, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Planning Manager 360-403-3550 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: chapter of the code. The city updated the following sections, 20.44.020A Unit Lot Subdivisions (minor updates), hearings and final ordinances), 20.44.037 Administrative Conditional Use Permits for Temporary, Seasonal Use or Special Event (removal of special events), 20.44.050 Co-Living Housing (new section), 20.44.070 Homes Emphasizing Special Services, Treatment, or Supervision (updates to entire section), 20.44.080 Administrative Conditional Use Permits for Mobile Sales and Delivery (update to accessory versus primary use), 20.44.098 Electrical Vehicle Infrastructure (update removed from this chapter and added to chapter 20.114 Alternative Energy Systems), and Part II. Land Clearing, Grading, Filling, and Excavation (updates include correct permitting process). Some of the proposed changes were required updates from Engrossed Second Substitute House Bill 1220, Engrossed Substitute House Bill 1998, Engrossed Second Substitute House Bill 1110, and under RCW 36.01.290(6)(c), RCW 84.36.043(3)(c), RCW 35.21.683, RCW 36.70A.070(2)(c), RCW 36.70A.545, and the Fair Housing Act and 1988 Amendment to ensHISTORY:
ALTERNATIVES:
Workshop; discussion only. At the July 29, 2024, Council meeting, the recommended motion will be, “I move to approve the ordinance amending AMC Chapter 20.44 and authorize the Mayor to sign the ordinance.”
Page 1 of 2
New or Renamed Table of Contents Code Sections:
• New: 20.44.050 Co-Living Housing
• Removed: 20.44.098 Electric Vehicle Infrastructure
• Renamed: 20.44.037 Administrative Conditional Use Permits for
Temporary/Seasonal Use
New Language Sections:
• 20.44.050. This is a new Co-Living Housing section that establishes regulations for this type of housing, where it is permitted, parking, and requirements of the state building code.
Updated Language Sections:
• 20.44.020A. Updates to the Unit Lot Subdivisions section that include changing one to two units and removing RLC to allow for unit lot subdivisions in that zone.
• 20.44.030. Updates to the Flexible Development Standards section to remove outdated language of the Master Planned Neighborhood reference.
• 20.44.032. Updates to the Subarea Plans section to provide the approval procedures for privately initiated and city initiated subareas to have a public hearing with the hearing examiner, the hearing examiner provides a recommendation for city council approval.
• 20.44.070. Updates to the Homes Emphasizing Special Services, Treatment, or Supervisions section that include establishing General Requirements, Emergency Housing, Emergency Shelters, Homes for Handicapped or In�irm, In-Home Child Day Care, Nursing Care-Intermediate Care Homes, Permanent Supportive Housing, Special Needs Childcare Homes, Transitional Housing, Halfway Houses, Health Care Facilities (providing drug, alcohol, or similar rehabilitation), and Religious Organization Site.
• 20.44.080. Updates to the Administrative Conditional Use Permits for Mobile Sales and Delivery section that includes language clarifying that mobile sales and deliveries are an accessory use.
AMC Chapter 20.44 – Supplemental Uses
Zoning Code Amendment Overview Summary - Amy Rusko, Planning Manager
Page 2 of 2
• 20.44.100. Updates to Permits for Grading and Filling that include language clarifying when grading permit applications, construction permit applications, and SEPA are required.
• 20.44.110. Updates to Permits for Land Clearing that include language clarifying when a land use permit, forest practice and SEPA are required.
Removed Language Sections:
• 20.44.037. Removal of Special Events language from the Administrative Conditional Use Permits for Temporary / Seasonal Use section and replacement of special event permit with seasonal event permit.
• 20.44.098. Removal of Electric Vehicle Infrastructure and moved this section to Chapter 20.114 Alternative Energy Systems and Technology.
• Engrossed Substitute House Bill 1998
• Engrossed Second Substitute House Bill 1220
• Engrossed Second Substitute House Bill 1110
• RCW 36.04.290(6)(c)
• RCW 84.36.043(3)(c)
• RCW 35.21.683
• RCW 36.70A.070(2)(c)
• RCW 36.70A.545
• Fair Housing Act and 1988 Amendments
• 2024 Comprehensive Plan Update
Washington State Legislation or Other Requirements
ORDINANCE NO. 2024-XXX 1
ORDINANCE NO. 2024-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.44
OF THE ARLINGTON MUNICIPAL CODE REGARDING SUPPLEMENTAL USES UNDER CITY
PLANNING NO. PLN 1176
WHEREAS, the city has proposed an update to the Supplemental Uses regulations in the
City zoning code; and
WHEREAS, the Arlington Planning Commission considered the revisions at docketing
meetings on February 6, 2024 and February 22, 2024, and then on July 2, 2024 and at a public
hearing conducted on July 16, 2024; and
WHEREAS, the Planning Commission made findings and provided its recommendations to
the City Council concerning the proposed changes; and
WHEREAS, the City Council considered the revisions at docketing meetings on March 11,
2024 and March 18, 2024; and
WHEREAS, the City Council considered the same at a workshop held on July 22, 2024, a
special meeting on July 29, 2024, and considered them along with the Planning Commission
recommendations; and the City Council having determined approving said amendment was in
the best interest of the City; and
WHEREAS, the amendments were presented to the Department of Commerce for
comment and said Department provided comments, comments were addressed and approved
for the ordinance; and
WHEREAS, the City Council has considered the proposed amendment to the municipal
code and finds it to be consistent with city and state law and in the best interests of the citizens;
and
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows:
Section 1. Arlington Municipal Code section 20.44 shall be amended as shown in
Exhibit A attached to this Ordinance:
Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state
or federal law or regulation, such decision or pre-emption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 3. Effective Date. The title of this ordinance which summarizes the contents shall
be published in the official newspaper of the City. This ordinance shall take effect and be in full
ORDINANCE NO. 2024-XXX 2
force five (5) days after the date of publication as provided by law.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this
______ day of _____________________, 2024.
CITY OF ARLINGTON
____________________________________
Don Vanney, Mayor
ATTEST:
___________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
Title 20--Land Use Code Chapter 20.44: Supplemental Use Regulations
City of Arlington 20.44 - 1 Revised November 2023August 2024
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 Subarea Plans.
20.44.034 Wireless Communications Facilities. 20.44.035 Administrative Conditional Use Permits for Homeless Encampments
20.44.037 Administrative Conditional Use Permits for Temporary / Seasonal Use or Special Event
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.
20.44.048 Temporary Public Structures.
20.44.050 Co-Living Housing
20.44.060 Minimum Parcel Sizes for Manufactured or Mobile Homes. 20.44.062 Mobile Home Parks.
20.44.064 Trade or Vocational Schools in the OTBD-1. 20.44.066 Storage for Scrap Materials Salvage Yards, Junkyards, Automobile Graveyards, Automobile Recycling Facilities, Construction Yards, and Industrial or Manufacturing Uses. 20.44.068 Adult Family Home
20.44.070 Homes Emphasizing Special Services, Treatment, or Supervision.
20.44.072 Reasonable Accommodation. 20.44.080 Administrative Conditional Use Permit for Mobile Sales and Delivery. 20.44.082 Home Occupations.
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 Infrastructure. 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.
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Part IV. Cottage Housing
20.44.300 Purpose and Intent.
20.44.310 Applicability, application process and design review. 20.44.320 Density, number of cottage housing units and minimum lot area. 20.44.330 Building height.
20.44.340 Lot coverage area. 20.44.350 Cottage floor area.
20.44.360 Cottage housing development building separation. 20.44.370 Parks and open space. 20.44.380 Off street parking.
20.44.390 Stormwater Low Impact Development Techniques. 20.44.400 Alternative Site Design.
Part I. General Provisions
20.44.010 Solid Waste, Quarrying, Mining, and Similar Uses.
(a) All permits for this use shall be subject to this section.
(b) In addition to all other submission requirements, permit applications for such uses shall be accompanied by a site reclamation plan. This plan shall contain and address the following:
(1) A description and site plan detailing how the site will be reclaimed.
(2) An analysis of how the reclaimed site will be compatible with existing and anticipated
land uses and zoning.
(3) An analysis of how the reclaimed site will not prevent the orderly and reasonable use and
development of surrounding properties or of properties in adjacent zones.
(4) That the proposed use and any expansion does not impair or impede the realization of the
objectives of the comprehensive plan, and it would not be detrimental to the public interest
to grant such proposed use.
(5) The timing and schedule of reclamation. (c) All permits for this use shall be subject to the Manufacturing/ Processing Performance Standards of Part III of this Chapter. (d) Permits for this use may be limited in duration by the permit-issuing authority. In such a case, the permit shall clearly state the expiration date. The permit period shall be of sufficient duration to ensure the completion of the use for which the permit is required; however, in no instance shall the period of time be in excess of twenty years. Permit renewals shall be processed in the same manner as new applications. (e) The permit-issuing authority may consider requiring a performance security in an amount deemed satisfactory to cover the costs of ensuring compliance with the provisions of this section and the terms and conditions of any permit issued under the provisions of this chapter, including required reclamation.
20.44.016 Mixed Use Developments.
In all mixed-use developments (not governed by the mixed-use development regulations), no more
than thirty five percent of the gross floor area of the first floor may be parking or other non-
commercial uses. Furthermore, such non-commercial uses shall be located away from the primary
entrance of the building, with the commercial uses being prominently noticeable from the primary
entrance.
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20.44.020A Unit Lot Subdivisions (ULSs).
(a) Unit lot subdivision is an alternative to conventional subdivision process by which the location
of a building on a lot can be placed in such a manner that one or more of the building’s sides
rests directly on a lot line, allowing for the creation of fee simple lots for townhome, and cottage
housing developments, in zones where such uses are permitted. Each building shall not be less
than one two units or exceed ten units and shall maintain a ten-foot separation from other
buildings.
(b) Unit lot subdivisions shall be permitted in all residential zones, (except RULC and RLC), and
all commercial zones (in conjunction with the mixed-use overlay or commercial corridor
zone). (c) Prior to submittal of the final plat, the design of all buildings shall meet the design standards and shall have received design review approval. (d) All units created by a unit lot subdivision shall provide attached private open space for each individual unit equaling fifteen percent of the total lot area, but in no case shall be less than two hundred square feet. The required open space may be provided by one or more of the following: ground level open space, balconies, roof decks or porches. (e) Existing multi-family developments which meet or can be brought into conformance with the requirements of the unit lot subdivision may submit an application for such unit lot subdivision. The existing building shall also be in full compliance with the most currently adopted edition of the International Building Code (IBC) and/or the International Residential Code (IRC) and International Fire Code (IFC). (f) If a development proposes open or park space exceeding one hundred twenty-five percent of the minimum requirement, buildings may exceed the maximum allowed height requirement by five feet. (g) Low impact development street standards are required where feasible. (h) Low impact development techniques for stormwater management are required where feasible.
20.44.020B Unit Lot Subdivision Lot Standards
As allowed by this chapter, development on individual unit lots within the unit lot subdivision need
to conform to the minimum lot area or dimensional standards of Title 20 – Land Use Code, provided
that overall development of the parent parcel meets the development and design standards of the
underlying zone and the requirements of this section. There shall be no minimum required lot area
for individual lots within a unit lot subdivision, provided that the area of the unit lot shall be large
enough to contain the dwelling unit and any accessory structures, decks, fences, garages, driveways,
private yard areas, parking, landscaping or other improvements that are accessory to the dwelling
unit; provided further, so long as conforming to the approved site development plan, such accessory
improvements may encroach upon or be located in an adjoining unit lot or common area pursuant
to an appropriate easement.
20.44.020C Development and Design Standards
All development using unit lot subdivisions in residential zones, shall be in compliance with the
rules and regulations set forth in Title 20 AMC – Land Use Code, specifically Chapter 20.16 –
Permits and Land Division Approval.
20.44.020D Unit Lot Subdivision in Mixed Use Development
All horizontal mixed use development overlay areas utilizing unit lot subdivisions shall strictly
adhere to Chapter 20.110.040 – Mixed Use Development Regulations, when designing the site
development plan.
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20.44.020E Ownership of Common Areas
Portions of the parent parcel not subdivided for individual unit lots or not dedicated as public right-
of-way or municipal utility systems shall be owned in common by the owners of the individual lots
within the subdivision, or by a homeowner’s association comprised of the owners of the individual
unit lots within the subdivision
20.44.020F Building Setbacks
Building setbacks shall be as required for the zone as applied to the underlying parent parcel as a
whole. There shall be no setback required from unit lot lines which are interior to the perimeter of
the parent parcel; provided, however, that any structure located upon a unit lot created hereunder
shall comply with the setbacks applicable to the approved site development plan. The unit lot
subdivision shall comply with the density and dimensional standards set forth in Chapter 20.48.
However, if alley access is proposed, the minimum setback for any structure from the alley shall be
five feet.
20.44.020G Off-Street Parking.
(a) The minimum amount of parking shall be required by Chapter 20.72. Required off-street parking
space may be provided in an area owned and maintained in common by the homeowner’s
association. Parking spaces are located in a common area shall be available to residents or guest
or invitees of residents and shall not be reserved for any specific dwelling units.
(b) One additional off-street parking space shall be provided for every four lots proposed and be
adjacent to the units for which they are required.
(c) All required off-street parking spaces shall be maintained in perpetuity for off-street parking for
the residents, or guests of residents. Such spaces shall not be used at any time or in any manner
that precluded use for off-street parking of operable motor vehicles regularly used by occupants
of the unit lot dwellings.
(d) Parking shall be prohibited in fire lanes, and each fire lane shall be clearly identified with signage
and pavement markings to indicate that the fire lane is not to be used for parking at any time.
The homeowner’s association shall be responsible for enforcing this requirement. The city shall
have the authority to remove any vehicle illegally parked in a fire lane at the vehicle owner’s
expense.
(e) The unit lot subdivision shall provide bicycle parking facilities equal to one stall for every four
lots.
20.44.020H Private Roads and Access Drives
Private access drives are allowed, to provide access to dwellings and off-street parking areas within
a unit lot subdivision. All private access drives shall be designed and constructed to city design and
construction standards. A separate pedestrian walkway is required from the dwelling units to a
public sidewalk. Parking within any access drive shall be prohibited, but off-street parking may be
located adjacent to an approved access drive outside the minimum required dimensions of the access
drive. The homeowner’s association shall be responsible for enforcing this requirement. The city
shall have the authority to remove any vehicle illegally parked in a fire lane at the vehicle owner’s
expense. As an alternative to the private access drive, the applicant may provide a public street
meeting the city’s design and construction standards.
20.44.020I Public Water Mains, Sewer Mains, and Fire Hydrants
All water mains, sewer mains and fire hydrants within the unit lot subdivision shall be constructed
to city design and construction standards and dedicated to the city. The city shall have the discretion
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to refuse or accept dedication of utility systems in developments that this chapter that are not
constructed to city standards.
20.44.020J Ingress, Egress, and Utility Access.
Each unit lot subdivision shall make adequate provisions for ingress, egress, and utilities access to
and from each unit lot by dedicating streets or by reserving such common areas or easements over
and across the parent parcel necessary to comply with all other design and development standards
applicable to the approved site development plan.
20.44.020K Landscaping
In addition to perimeter landscaping required for the parent parcel, landscaping shall be provided on
each unit lot where yard area abuts an access drive, and between driveways and/or parking areas on
abutting lots. A landscape plan shall be submitted with the land use application showing the
following:
(1) Perimeter landscape standard along rear or interior lot lines of parent parcel. All required
perimeter landscaping shall be placed within a common area and shall be maintained by
the homeowner’s association. Conversion of perimeter landscaping to private yard area is
prohibited.
(2) Street trees on public streets shall be per city approved tree list.
(3) Street trees on private access drives shall be per city approved tree list.
20.44.020L Homeowners Association Incorporation
Prior to the recording of the subdivision, the applicant shall provide evidence that the homeowner’s
association had been incorporated pursuant to the laws of the State of Washington, including the
filing of the association’s articles of incorporation with the Washington Secretary of State. In the
event the homeowner’s association should cease to be a corporation under the laws of the State of
Washington and as required by this section, such association shall continue as an unincorporated
association governed by the Washington Uniform Common Interest Act (RCW Chapter 64.90).
20.44.20M Covenants and Maintenance
(a) Covenants and Homeowners Association. The applicant shall provide a preliminary draft of
covenants, declarations and restrictions with the subdivision application for review as part of the
subdivision. Prior to the recording of the subdivision, the applicant shall provide final covenants,
declarations and restrictions in a form satisfactory to the city attorney, which shall be recorded with
the county auditor’s office providing that the homeowner’s association shall be subject to and
comply with:
(1) Such covenants, declarations and restrictions;
(2) The Washington Uniform Common Interest Act (RCW Chapter 64.90);
(3) The applicable Washington corporation statute;
(4) Any applicable provisions of the city code including, but not limited to, subsections (b)
and (c) of this section below.
(b) Maintenance of Private Common Areas and Infrastructure. All common open space and
recreation areas and all private utility infrastructure located within a unit lot subdivision and shall
be maintained in perpetuity by the homeowner’s association. Prior to the recordings of the
subdivision, the applicant shall provide the covenants, declarations and restrictions required by
subsection (a) of this section, above, for review by the city, which shall provide that the following
common areas and infrastructure are maintained by the homeowner’s association in accordance with
all applicable provisions of the city code.
(1) Private access drives;
(2) Vehicle and pedestrian access easements;
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(3) Joint use and maintenance agreements;
(4) Common off-street parking;
(5) Common open space (including, but not limited to, landscape areas, gardens, woodlands,
walkways, courtyards or lawns and outdoor recreation areas;
(6) Private utility infrastructure (including, but not limited to, underground utilities and utility
easement;
(7) Any other common buildings or improvements.
Said covenants, declarations and restrictions shall provide authority for the city, after providing
reasonable written notice to the homeowners association and opportunity to perform required
maintenance, to recover any costs incurred by the city to maintain private infrastructure or
common areas due to a failure of the homeowners association to adequately maintain privately
owned improvements, including a lien on the property or other appropriate assurance device, as
determined by the city.
(c) Maintenance of Lot, Buildings and Facilities, Buildings, utilities and facilities on individual unit
lots shall be maintained by the property owner in accordance with city codes and the requirements
of the covenants, declarations and restrictions applicable to the development. Prior to the recording
of the subdivision, the applicant shall provide the covenants, declarations and restrictions required
by subsection (a) of this section for review by the city, which shall provide that buildings, utilities
and facilities on individual lots shall be maintained by the property owner in accordance with city
codes and requirements of such covenants, declarations and restrictions.
20.44.20N Recorded Conditions.
Notes shall be placed on the plat recorded with the county auditor’s office to acknowledge the
following:
(1) Approval of the design and layout of the unit lot subdivision was granted by the review of
the subdivision as a whole, on the parent parcel by the site development plan approval
(stating the project file number);
(2) Subsequent platting actions, additions or modifications to the structure(s) may not create
or increase any nonconformity of the parent parcel as a whole, and shall conform to the
approved site development plan;
(3) If a structure or portion of a structure has been damaged or destroyed, any repair,
reconstruction or replacement of the structure(s) shall conform to the approved site
development plan;
(4) The individual unit lots are not separately buildable outside of the context of the approved
site development plan for the subdivision and additional development of the individual
unit lots may be limited as a result of the application of development standards to the
parent parcel.
20.44.030 Flexible Development Standards (FDSs).
(a) All developments using Flexible Development Standards shall have a public hearing before the
Hearing Examiner. The Hearing Examiner shall review and may approve all FDSs following a
neighborhood meeting per AMC §20.16.235, and recommendation from the Design Review
Board on the elevations and footprints of all structures.
(b) Flexible Development Standards may only be located on tracts of at least five acres within a, Residential Ultra Low Capacity (RULC), Residential Low Capacity (RLC), Residential Moderate Capacity (RMod), Residential Medium Capacity (RMC), or Residential High Capacity (RHC) zoning district, or within a Master Planned Neighborhood (§20.44.032). (c) The gross residential density of an FDS development shall not exceed the allowable density based on the number of dwelling units per acre. Density bonuses are expressly prohibited.
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Allowable densities shall be computed for an FDS development based on the gross density calculations of the given underlying zone. (d) Permissible types of residential uses within an FDS development include single-family detached dwellings,), single-family attached, duplexes, and multi-family residences regardless of the underlying zone. (e) In any FDS development, the developer may create lots and construct buildings with reduced lot size, width, or setback restrictions except that: (1) All perimeter lots shall regardless of the underlying zone meet the minimum lot width for that zone. (2) At least fifty percent of the total number of dwelling units in any FDS development must be single-family detached residences on lots with a minimum lot width of fifty feet in all zones except for the RHC zone where one hundred percent of the allowable number of dwelling units may be detached (cottage style housing) or attached residences. (3) FDS developments must comply with the fire protection requirements of the most current edition as adopted by the State of Washington of the International Building Code (IBC), International Residential Code (IRC) and the International Fire Code (IFC). (4) Setback requirements of the underlying zone shall apply for all property lines located on the perimeter of the FDS development. A perimeter lot shall be a lot abutting directly on an exterior property line for the entire site. (5) Each lot must be of sufficient size and dimensions that it can support the structure proposed to be located on it, consistent with all other applicable requirements of this title. (6) In the RULC Zone, lots adjacent to a critical area must have a minimum of six thousand square feet and a minimum width of 50 feet. (7) Each lot must be designed so that any structure can be built a minimum of fifteen feet from any environmentally critical area buffer. (8) The maximum lot coverage specified in §20.48.064 (Maximum Lot Coverage) shall be met on an average for all lots in the entire FDS development. Thus, in calculating the average maximum lot coverage for a lot, the area of open space protect ed on that lot through FDSs may be used. However, the developer shall state on the plat the maximum lot coverage for each individual lot so as not to create future, unforeseen inequities. (9) The design of an FDS development, including site layout, landscaping, public facilities (e.g. storm drainage, parks, streets, etc.) and building design shall be subject to recommendation from the Community Development staff to the Hearing Examiner and recommendation from the Design Review Board regarding elevations and footprints of all structures pursuant to the City's adopted Design Standards to the Hearing Examiner. In lieu of the DRB approving each single- or two-family structure, the applicant may propose project specific design guidelines consisting of elevations and footprints for these types of structures only (multi-family residential and communal structures shall always be approved by the DRB as part of the FDS approval). In such a case, the project specific design standards shall be reviewed by the DRB for consistency with the City’s Design Standards and be subject to their recommendation to the Hearing Examiner. The Department of Community and Economic Development may then implement them administratively when an applicant applies for building permits. Where authority is granted by the DRB to staff to review individual single- or two-family residential structures, the DRB shall be the arbiter between the applicant and staff. (10) When located in the RULC, RLC, R -Mod, or RMC zone, multi-family portions of an FDS development shall be situated more toward the interior rather than the periphery of the tract, or along an adjoining arterial street, so that the single-family detached residences border adjacent properties that are zoned for single-family residential uses. (11) Screening requirements (Chapter 20.76) shall apply to the exterior boundaries of an FDS development but are not required between uses within an FDS development. (12) When creating an FDS development, residential subdivisions and multi-family projects, the amount of land ―saved by creating lots that are smaller than the standards set forth in
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§20.48.010 (Minimum Lot Size Requirements) shall be set aside as open space. This open space shall be a minimum of ten percent of the site and shall be improved with common amenities. The amenities can include, but are not limited to usable open space area, landscaped entries into the project (in addition to the standard roadway dedication and landscaping requirements), courtyards, landscape islands in the center of roads, additional protection of significant clusters of trees, low impact designs (rain gardens), additional improved park space, or other amenities as may be appropriate. Of the ten percent of open space required, twenty-five percent of the total may include protected sensitive areas and their buffers. The Hearing Examiner shall be given deference in determining what amount and mix of such amenities counts toward this requirement as long as the minimum threshold is met. In addition, the applicant shall meet the Comprehensive Plan for open space and park land, as well as all applicable Land Use Code requirements. (13) In the RLC and RULC zones, low impact development street standards and low impact development techniques for stormwater management shall be used wherever possible.
(14) The purpose of this section is to provide flexibility, consistent with the public health and
safety and without increasing overall density, to the developer who subdivides property
and constructs buildings on the lots created in accordance with a unified and coherent plan
of development or the developer who constructs within the RHC zone.
20.44.032 Subarea Plans
(a) The Comprehensive Plan designates fourteen subareas that distinguish specific geographical areas and
existing neighborhoods within the community. The intent of creating subareas is to develop a subarea
plan for each area of the city that contains specific policies and criteria to guide land development,
incorporate missing middle housing options, transportation facilities, community facilities,
infrastructure and capital improvement decisions that provide for a more coordinated, efficient, and
effective structure for predictable neighborhood planning. The subarea plans encompass both newly
created subareas and those that work with existing neighborhoods to provide criteria for infill and
redevelopment purposes.
(b) The subarea plans are to be produced by the city, with the exception of two areas designated on the
City’s Zoning Map and Future Land Use Map with the Master Planned Neighborhood (MPN) Overlay.
These two areas are known as East Hill and Lindsay Annexation (portion of Hilltop). The list of
subareas is listed below:
(1) Arlington Terrace
(2) Cascade Industrial Center
(3) Crown Ridge
(4) East Hill
(5) Edgecomb
(6) Gateway
(7) Gleneagle
(8) Haller City
(9) Hilltop
(10) Island Crossing
(11) Kent Prairie
(12) Old Town
(13) Smokey Point
(14) West Bluff
(c) A subarea plan is typically developed to encompass the entire subarea, however under certain
circumstances it may be developed to include only specific neighborhoods, corridors, downtown, or
other types of special districts that show cohesive characteristics. The East Hill and Lindsay
Annexation subareas shall be developed in their entirety.
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(d) As subarea plans are created, elements of form based code are proposed to be included to provide the
community with a predictable design and development pattern that is customized for the specific area.
(e) Subarea plans are to be processed in conjunction with a Planned Action Environmental Impact
Statement (EIS). A planned action is a development project whose impacts have been identified and
addressed through an EIS associated with the subarea plan for the specific geographical area before
individual projects are proposed. A planned action involves detailed State Environmental Policy Act
(SEPA) review and preparation of EIS documents in conjunction with subarea plans, consistent with
RCW 43.21C.031 and WAC 197-11-164 through WAC 197-11-172. The up front analysis of impacts
and mitigation measures then facilitates environmental review of subsequent individual development
projects.
(f) A subarea plan application under the Master Planned Neighborhood (MPN) Overlay shall include the
following information:
(1) A land use application and submittal checklist with all required documents.
(2) Permit fee, as shown on the most current fee schedule.
(3) The subarea plan shall include the following elements:
i. One element shall be small lot detached single-family residential or cottage housing,
with a minimum lot size of 3,600 square feet and a maximum of 4,500 square feet and
consists of seventy (70) percent of the total lots.
ii. Second element shall be attached residential, such as townhomes, row houses, or
duplexes, and shall be developed as fee simple lots through a unit lot subdivision
(subject to §20.44.020 Unit Lot Subdivisions) and consists of twenty (20) percent of
the total lots.
iii. Third element shall be one of the below options and consist of ten (10) percent of the
total lots.
(A) Accessory Dwelling Unit (constructed with residence)
(B) Mixed-Use Development (vertical)
(C) Multi-Family Apartments
(D) Multi-Family Fourplex
(E) Multi-Family Garden Apartments
(F) Small Commercial
iv. Forth element shall be the location of Recreational Facilities, Open Space, and Trail
System that consists of ten (10) percent of the total area of land, minus areas to be
preserved as Native Growth Protection Areas (NGPA).
(A) This designation shall include areas proposed to be dedicated to the city as
public spaces. All dedicated parks shall be a minimum of two (2) acres in size
and coordinated with the city prior to approval.
(B) The trail system shall consist of a paved trail that connects the required
sidewalk system and to all recreation facilities and open spaces.
(4) The subarea plan shall show the location of each housing type listed above in the way of a
subdivision layout.
(5) The architectural design of the structures shall comply with the Development Design
Standards pursuant to §20.46 Design.
(6) The subarea plan shall show the conceptual infrastructure plans that include location, types,
and sizes of streets, sewer, water, stormwater, etc.
(7) Public infrastructure impacts and financing strategies including any improvements to existing
on or off-site facilities necessary to support the proposed subarea plan.
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(8) Transportation impact analysis and financing strategies including any improvements to
existing on or off-site facilities necessary to support the proposed subarea plan. The analysis
shall also include all current and future designated multi-model plans.
(9) The subarea plan shall adhere to the Arlington Complete Streets Program.
(10) The subarea plan shall provide anticipated phasing or sector lines on the subarea map.
(g) The subarea plan for the East Hill and Lindsay Annexation area serves as the typical preliminary plat
document for development and shall follow the process of a conditional use permit (§20.16.225
Special Use Permits and Conditional Use Permits)., with the Hearing Examiner holding a public
hearing (following the procedures of §20.24 – Hearing and Pre-Hearing Procedures and Appeals and
Applications) and providing a recommendation to City Council for the final ordinance.
(h) The A city-initiated subarea plan is subject to a Public Hearing before the Hearing Examiner
(following the procedures of §20.24 – Hearing and Pre-Hearing Procedures and Appeals and
Applications), with a recommendation to City Council for the final ordinance. and shall follow the
hearing procedures of §20.24 (Hearing and Pre-Hearing Procedures and Appeals and Applications).
(i) In approving a subarea plan, the city may require the plan to comply with site specific development
regulations that the city deems appropriate and approved by the hearing examiner.
(j) The approved subarea plan is required to be recorded with the Snohomish County Auditor Office.
(k) After recording, subsequent land use permits (final plats or unit lot subdivisions), civil permits, and
building permits are required to be submitted and approved prior to development on any lots.
Procedures for these permits are found in the Arlington Municipal Code.
20.44.034 Wireless Communications Facilities.
(a) Purpose. This section is intended to provide for a wide range of locations and options for
wireless communication providers while minimizing the visual impacts associated with
wireless communication facilities. It is also intended to encourage creative approaches in
locating wireless communication facilities so as to encourage facilities to blend in with the
surroundings of such facilities. This section is intended to work in concert with other sections
of this code. If there is a conflict between Wireless Facilities and other sections of this Title,
then the most restrictive requirements apply.
(b) General Wireless Communication Facilities Development Standards. Unless other modified by subsequent subsections, all Wireless Communication Facilities shall be subject to the following standards and requirements. (1) Co-location on an existing support structure shall be encouraged. All Wireless Communication Facilities support structures shall be built to accommodate the location of two or more wireless communications facilities unless proved infeasible. It shall be a continuing condition on all land use permits issued for a Wireless Communication Facility that the permit holder allows co-location for reasonable compensation. Co- location on an existing support structure shall be permitted without an additional permit, provided there is not substantial change to the existing support structure. (2) Except for Micro- and Mini- Facilities, shelters or cabinets used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the facility support structure shall be concealed, screened, camouflaged or placed underground. (3) Wireless communication facilities shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on- site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area. (4) Federal Aviation Administration Jurisdiction. All applications for telecommunications facilities regulated by this section must comply with all FAA requirements pertaining to
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operations of a telecommunications device on or near the Arlington Airport. It is the responsibility of the applicant to be familiar with and meet relevant FAA regulations. (5) All wireless telecommunications facilities are subject to §20.44.210 (Noise). (6) Signals emanating to or from wireless communications equipment shall conform to current FCC regulations with regard to avoiding the creation of interference to neighboring electronic or other operating devices. (7) FCC Preemption. In any proceeding regarding the issuance of a permit under the terms of this section, federal law prohibits consideration of environmental effects of radio frequency emissions to the extent that the proposed facilities comply with the Federal Communications regulations concerning such emission. (c) Development Standards for Micro Facilities. (1) Micro Facilities shall comply with §20.48.060 (Building Height Limitations), except when installed completely within appurtenant structures exempted by Subsection (c) of that section. (2) The permitted antenna height includes the wireless communication facility support structure. (3) Structures that are nonconforming with respect to height may be used for the placement of Micro Facilities providing they do not extend more than six feet above the existing structure. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. (4) A Micro Facility shall be located on existing buildings, poles, or other existing support structures, but only if the interior wall or ceiling immediately adjacent to the facility is not designated residential space. (5) The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground. (6) In RLC, and RMC zones, Micro Facilities for a specific wireless provider shall be separated by a distance of at least one thousand three hundred twenty linear feet from other wireless communications facilities. (7) The facility shall also comply with the requirements of Subsection (b).
(d) Development Standards for Mini Facilities. (1) Mini Facilities shall comply with §20.48.060 (Building Height Limitations) except as follows: Omni directional antennas may exceed the height limitation by ten feet, or in the case on nonconforming structures, the antennas may extend ten feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing nonconforming building and blends in architecturally with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. (2) A Mini Facility may be located on existing buildings, poles, or other existing support structures, but only if the interior wall or ceiling immediately adjacent to the facility is not designated residential space. (3) The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground. (4) The facility shall also comply with the requirements of Subsection (b).
(e) Development Standards for Macro Facilities. (1) Macro Facilities shall comply with §20.48.060 (Building Height Limitations), except as follows: Omni directional antennas may exceed the height limitation by fifteen feet, or in the case of nonconforming structures, the antennas may extend fifteen feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing building and architecturally blends in with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
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(2) The Macro Facility shall be the same color as the existing building, pole or support structure on which it is proposed to be located unless the permit-issuing authority makes findings that a different color would be less intrusive and better blend with the existing structure. (3) A Macro Facility may be located on existing buildings, poles, or other existing support structures, but only if the interior wall or ceiling immediately adjacent to the facility is not designated residential space. (4) The facility shall also comply with the requirements of Subsection (b).
(f) Development Standards for Monopole I. ( 1 ) Macro facilities are the largest wireless communication facilities allowed on a Monopole I. Antennas equal to or less than fifteen feet in height or up to four inches in diameter may be a component of a Monopole I facility. ( 2 ) Monopole I facilities are exempt from §20.48.060 (Building Height Limitations). The maximum height for a Monopole II facility support structure shall be sixty feet. Antennas may extend above the Monopole I wireless communications support structure another fifteen feet, making the maximum permitted height of the support structure and antennas seventy-five feet (sixty feet plus fifteen feet). ( 3 ) Monopole I facilities shall be separated from other wireless communications facilities by a distance of at least five hundred feet. ( 4 ) Monopole I facilities are not allowed within three hundred feet of a residential zone. ( 5 ) Monopole I facilities must comply with FAA Part 77 regulations. ( 6 ) The facility shall also comply with the requirements of Subsection (b).
(g) Development Standards for Monopole II.
(1) Monopole II facilities are only permitted in the portion of the General Industrial
(GI) district east of 67th Avenue NE and south of 204th Street NE, and the entire
Highway Commercial (HC) Zone.
(2) Macro facilities are the largest permitted wireless communication facilities allowed on
a Monopole II facility.
(3) Monopole II facilities are exempt from §20.48.060 (Building Height Limitations). The
maximum height for a Monopole II facility support structure shall be one hundred fifty
feet. Antennas may extend above the Monopole II wireless communications support
structure another fifteen feet, making the maximum permitted height of the support
structure and antennas one hundred sixty-five feet (one hundred fifty feet plus fifteen feet).
(4) Monopole II facilities shall be separated from other wireless communications facilities by
a distance of at least five hundred feet. (5) Monopole II facilities are not allowed within three hundred feet of a residential zone. (6) Monopole II facilities must comply with FAA Part 77 regulations.
(7) The facility shall also comply with the requirements of Subsection (b).
(h) Modification of Existing Facilities. Minor modifications to existing wireless communications
facilities and attached wireless communications facilities, whether emergency or routine, are
exempt from having to obtain a land use permit so long as there is little or no change in the
visual appearance. Minor modifications are those modifications, including the addition of
antennas, to permitted wireless and attached wireless communications facilities that meet
the requirements set forth in this section.
(i) Obsolescence. A wireless communications facility or attached wireless communications facility shall be removed by the facility owner within six months of the date it ceases to be operational or if the facility falls into disrepair.
20.44.035 Administrative Conditional Use Permit for Homeless Encampments
(a) This section establishes a mechanism whereby the City may, for a period not to exceed ninety
days, permit homeless encampments that would not otherwise be permitted in the zone in which
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they are proposed.
(b) Administrative conditional use permits for homeless encampments shall follow the public
notification process as described in section 20.16.220(e).
(c) The City may grant an administrative conditional use permit only if it finds that:
(1) The proposed use will not be materially detrimental to the public welfare or injurious to
the property or improvements in the immediate vicinity; and
(2) The proposed use or site plan is not otherwise allowable in the zone in which it is
proposed.
(3) Homeless encampments shall be located on existing sites owned or controlled by
churches within those zones in which a church is a permitted use under AMC
20.40, Tables of Permissible Uses.
(d) The City shall establish density and dimensional standards as part of the approval process of
each administrative conditional use permit. The City will use the nature of the proposed use
and the character of the surrounding area as guides in establishing these standards.
(e) The City shall not grant an administrative conditional use permit at the same site more frequently than once in every three hundred sixty-five-day period. The City may only grant an administrative conditional use permit for a specified period of time, not to exceed ninety days.
(f) No more than one homeless encampment may be located in the City at any time.
(g) In addition to the foregoing requirements and standards, the following definitions and standards
apply to homeless encampments.
(1) Definitions
(A) Homeless Encampment – A group of homeless persons temporarily residing out of doors
on a site with services provided by a Sponsor and supervised by a Managing Agency.
(B) Managing Agency – An organization that has the capacity to organize and manage a
homeless encampment. A ―Managing Agency‖ may be the same entity as the Sponsor.
(C) Sponsor – An entity that has an agreement with the Managing Agency to provide basic
services and support for the residents of a homeless encampment and liaison with the
surrounding community and joins with the Managing Agency in an application for a
temporary use permit. A ―Sponsor‖ may be the same entity as the Managing Agency.
(2) Standards
(A) The encampment shall be located a minimum of thirty (30) feet from the property line
of an abutting residential zone.
(B) Type A sight-obscuring landscaping and/or fencing shall be required around the
perimeter of the homeless encampment unless the Community and Economic
Development Director determines that there is sufficient vegetation, topographic
variation, or other site conditions such that fencing would not be needed.
(C) All exterior lighting shall be directed downward and contained within the homeless
encampment.
(D) The maximum number of residents within a homeless encampment is one hundred.
(E) Off street parking shall be provided for the additional vehicles and shall not create
a shortage of existing required parking.
(F) No permanent structures will be constructed for the homeless encampment.
(G) A transportation plan is required which shall include provisions of transit services.
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(H) The homeless encampment shall be located within one-half mile of transit service.
(I) No children under eighteen are permitted in the homeless encampment. If a child under
the age of eighteen attempts to reside at the camp the Sponsor or Managing Agency
shall contact Child Protective Services.
(J) No animals shall be permitted in encampments except for service animals.
(K) The Managing Agency shall enforce a code of conduct. All homeless encampment
residents shall sign an agreement to abide by the code of conduct prior to being admitted
to the encampment. If a resident fails to abide by the code of conduct, the Managing
Agency shall expel the resident from the property. The code shall contain the following
as a minimum:
(i) No drugs or alcohol;
(ii) No weapons;
(iii) No violence;
(iv) No trespassing onto private property in the surrounding neighborhood;
(v) No loitering in the surrounding neighborhood; and
(vi) Quiet hours.
(L) The Sponsor or Managing Agency shall keep a log of all people who stay overnight
in the encampment, including names and birth dates, and dates of stay. Logs shall
be kept a minimum of six months.
(M) The Sponsor or Managing Agency shall take all reasonable and legal steps to obtain
verifiable ID, such as a driver’s license, government-issued identification card, military
identification, or passport from prospective and existing encampment residents.
(N) The Sponsor or Managing Agency will use identification to obtain sex offender and
warrant checks from the Washington State Patrol, the Snohomish County Sheriff’s
Office or relevant local police department.
(i) If said warrant and sex offender checks reveal either (1) an existing or
outstanding warrant from any jurisdiction in the United States for the arrest of the
individual who is the subject of the check; or (2) the subject of the check is a sex
offender, required to register with the County Sheriff or their county of residence
pursuant to RCW 9A.44.130, then the Sponsor or Managing Agency will reject
the subject of the check for residency to the homeless encampment or eject the
subject of the check if that person is already a homeless encampment resident.
(ii) The Sponsor or Managing Agency shall immediately contact the police
department if the reason for rejection or ejection of an individual from the
homeless encampment is an active warrant. In other cases of rejection or ejection,
the designated representative of the Sponsor or Managing Agency shall
immediately provide the facts leading to such action to the Arlington Police
Department and the Snohomish County Sheriff's Office.
(O) The Sponsor or Managing Agency shall self-manage its residents and prohibit alcohol,
drugs, weapons, fighting, and abuse of any kind, littering, or disturbing the neighbors
while located on the property.
(P) The Sponsor or Managing Agency will appoint a designated representative to serve
―on-duty‖ as an Encampment Manager at all times to serve as a point of contact for the
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City of Arlington 20.44 - 15 Revised November 2023August 2024
Police Department and will orient the Police as to how the security tent operates. The
names of the on-duty designated representative will be posted daily in the security tent.
The City shall provide contact numbers of non- emergency personnel which shall be
posted at the security tent.
(Q) The property must be sufficient in size to accommodate the tents necessary on- site
facilities, including, but not limited to the following:
(i) Sanitary portable toilets in the number required to meet capacity guidelines;
(ii) Hand washing stations by the toilets and by the food areas;
(iii) Refuse receptacles; and
(iv) Food tent and security tent.
(R) The Managing Agency shall ensure that legal connections to the City’s public water
and sanitary sewer systems are obtained and must be in compliance with all state and
local requirements. The Managing Agency shall ensure compliance with fire and
building regulations.
(S) The homeless encampment shall conform to the following fire department
requirements:
(i) There shall be no open fires for cooking without pre-approval by the Fire Department and no open fires for heating; (ii) No heating appliances within the individual tents are allowed without pre- approval by the Fire Department; (iii) No cooking appliances other than microwave appliances are allowed in individual tents; (iv) An adequate number, with appropriate rating, of fire extinguishers shall be provided as approved by the Fire Department; (v) Adequate access for fire and emergency medical apparatus shall be provided. This shall be determined by the Fire Department; (vi) Adequate separation between tents and other structures shall be maintained as determined by the Fire Department; and (vii) All electrical installation shall comply with all national, state and local codes. Electrical cords are not to be strung together and any cords used must be approved for exterior use. (T) The Sponsor and Managing Agency shall permit inspections by City staff at reasonable times without prior notice for compliance with the conditions of the Homeless Encampment Permit.
20.44.037 Administrative Conditional Use Permits for Temporary / Seasonal Use. or Special Event
(a) This section establishes a mechanism whereby the City may issue a permit to allow a use to be
temporarily conducted that would not otherwise be permitted in the zone in which it is located.
It is intended to permit seasonal and special events, carnivals and/or fairs that would not
be permitted in the zone in which they are proposed.
(b) An application for an administrative conditional use permit will be reviewed and approved
by the Community and Economic Development Director.
(c) The City may grant an administrative conditional use permit only if it finds that: (1) The proposed use or site plan will not be materially detrimental to the public welfare or injurious to the property or improvements in the immediate vicinity; and (2) The Proposed use or site plan will be consistent with the intent of the underlying zone, including the Airport Protection District and Critical Areas. (3) Permits for temporary events shall be located in zones that are consistent with permanent facilities found in Chapter 20.40 Table of Permissible Uses. Examples include
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Horticultural Sales with Outdoor Display allowed in NC, GC, HC, and GI zones. Example: Motor Vehicle Sales or Rental; Mobile Home Sales allowed in OTBD2, OTBD3, GC, and HC zones. (d) The City shall establish density and dimensional standards as part of the approval process of each administrative conditional use permit. The City will use the nature of the proposed use and the character of the surrounding area as guides in establishing these standards. A parking lot plot plan, including provisions for handicap parking, will be required with each submittal. A plan for circulation, traffic control and portable restroom facilities will be required. (e) The City shall not grant an administrative conditional use permit (for a seasonal event) at the same site more frequently than twice in a three hundred sixty-five five-day period. The City may only grant a permit for a specified period of time, not to exceed more than two seasonal events each year with each seasonal event lasting no longer than thirty days. As an option, a property owner may process a special seasonal event permit and not to exceed more than six special seasonal events each year with each special seasonal event lasting no longer than ten days. In any case, the combination of seasonal and special events shall not exceed sixty days per year. (f) If the proposed use is a sale or other event which will generate sales tax, approval from the Department of Revenue shall be required prior to permit issuance. (g) Exceptions. Temporary staging facilities for public projects may be approved for a time period not to exceed the duration of their construction.
20.44.040 Temporary Emergency, Construction, or Repair Residences.
(a) Temporary residences used on construction sites shall be removed immediately upon the completion of the project. (b) Permits for temporary residences to be occupied pending the construction, repair, or renovation of the permanent residential building on a site shall expire within six months after the date of issuance, except that the Community and Economic Development Director may renew such permit for one additional period not to exceed three months if he determines that such renewal is reasonably necessary to allow the proposed occupants of the permanent residential building to complete the construction, repair, renovation, or restoration work necessary to make such building habitable.
20.44.042 Accessory Dwelling Units (ADU).
(a) An ADU is defined as a residential living unit providing independent living facilities and
permanent provisions for sleeping, cooking, sanitation, and living on the same lot as a single-
family home, duplex, triplex, townhome, or other housing unit. An attached ADU is a
dwelling unit located within or attached to another housing unit. A detached ADU is separate
and detached from the primary housing unit.
(b) All ADUs require the property owner to apply for a building permit in order to ensure that
the structure meets the requirements of the Arlington Municipal Code and the International
Residential Code.
(c) An ADU is required to meet the following criteria and be in compliance with RCW 36.70A,
RCW 43.21C, and RCW 64.32, 64.34, 64.38, 64.90:
(1) ADUs are allowed on the same lot as a single family residence or where the property
is owned by the same person that owns the primary housing unit (fee simple lot) and
can meet the criteria of this code section.
(2) The owner of the property shall not be required to reside in or occupy the primary
housing unit or the ADU on the same lot.
(3) ADUs are allowed in any zoning district that allows for single family residences.
(4) Two ADUs on all lots that are located in all zoning districts that allow for single-family
homes in the following configurations:
i. One attached ADU and one detached ADU unit; or
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ii. Two attached ADUs; or
iii. Two detached ADUs, which may be comprised of either one or two detached
structures.
(5) ADUs are allowed on any lot that meets the minimum lot size required for the principal
residence.
(6) The maximum gross floor area for each ADU is 1,000 square feet.
(7) The roof height of an ADU is required to meet the underlying zone height limitation,
unless the height of the principal unit is less than 24 feet, in which case, the maximum
height of an ADU shall be 24 feet.
(8) The ADU setback requirements shall meet the density and dimensional standards of
the underlying zoning of the property and be in compliance with AMC Chapter 20.48,
except ADUs abutting and served by an alley are allowed a zero lot line setback.
(9) An ADU is required to meet any governing documents associated with the protection
of public health and safety, ground and surface waters, and critical areas.
(10) The number of ADUs on a property may be limited or restricted if the site contains
unsuitable physical characteristics, such as critical areas, designated as wetlands, fish
and wildlife habitat, flood plains, or geologically hazardous areas. The property shall
be in compliance with AMC Chapter 20.93 – Critical Area Ordinance.
(11) An ADU is required to be consistent with the architectural character of the principal
residence and comply with the Development Design Standards for the zone in which
the ADU is located. Materials, roof forms, and window proportions shall match that
of the principal unit/building. The review of the design will be conducted
administratively with the building permit.
(12) Any major exterior additions or alterations for an attached ADU shall be located to the
side or rear of the principal residence.
(13) A detached ADU is not allowed in the required front or side setback of the existing
primary residence on the site unless the side setback abuts an alley.
(14) The construction of an ADU shall not require new public street improvements.
(15) ADU Parking Requirements:
i. One parking space per ADU is required on lots less than 6,000 square feet.
ii. Two parking spaces per ADU is required on lots greater than 6,000 square feet.
iii. If located within one-half mile of a major transit stop, then no parking spaces
are required.
(16) An ADU is required to connect to both city water and wastewater systems. The ADU
shall meet the utility connection criteria of AMC Title 13.
(17) An ADU shall pay fifty percent (50%) of the city transportation impact fee and
community park impact fee for a single-family dwelling unit. Fees are regulated by
AMC Chapter 20.90.
(18) An ADU is exempt from city transportation impact fees, park impact fees, and off-
street parking requirements (only if parking is available on an abutting public street),
but only if a restrictive covenant is recorded on the property stating the ADU shall be
rented at an affordable rate of 60% AMI or less for a duration of 50 years. The
restrictive covenant shall be reviewed and approved by the city, recorded with the
Snohomish County Auditor’s Office, and a conformed copy returned to the
Community and Economic Development Department.
(19) A detached ADU is allowed to be sold separately through the conveyance of a
condominium unit of the principal residence. To complete the conveyance of a
condominium unit the detached ADU shall meet the utility connection regulations of
AMC Chapter 13.04 and 13.08. The declaration of condominium documents are
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required to be submitted to the city for review and approval. Once approved by the
city the document shall be recorded with the Snohomish County Auditor’s Office and
a conformed copy returned to the Community and Economic Development
Department.
(20) The land on which the ADU is located shall not be subdivided from the land on which
the primary dwelling unit is located.
20.44.044 Recreational Vehicles as Temporary Dwelling Units.
(a) Except where permitted pursuant to Subsection (b) of this section, no recreational vehicle shall
be occupied for residential or commercial purposes anywhere in the City of Arlington except: (1) In the case of temporary uses per §20.44.040 (Temporary Emergency, Construction, or Repair Residences); or, (2) Visitors may occupy recreational vehicles within residential zones for a period not to exceed seven days, provided: (A) Temporary occupancy shall not exceed seven days in forty-five-day period; (B) Under no cir cumstances shall a recreational vehicle be occupied while parked overnight on a public street, alley, right-of-way, or other public property; (C) No recreational vehicle shall be serviced by a temporary or permanent sewer hook- up emptying into the City’s system or a private septic system; and (D) Nor shall any space be provided for an occupied recreational vehicle for monetary or other compensation. (b) The Responsible Official may allow the gathering of three or more travel trailers, motor homes or campers of an organization or for a special event by issuance of a revocable permit. Such permit shall be issued when an application is made seventy-two hours in advance of the visit, and contains:
(1) The dates of the stay, not to exceed seven days in a three-month period unl ess otherwise allowed by the Special Event Permit; (2) The maximum number of vehicles; (3) The location of the stay, including the permission of property owners in the case of private property; (4) The name and address of the organization and/or the responsible party; (5) The notarized signature of the applicant.
20.44.048 Temporary Public Structures.
Public agencies may erect and use temporary structures (e.g., portable school classrooms, civic uses,
emergency command centers, health and social services centers, etc.) upon demonstrating
that such a use is in for the public benefit and that the use is temporary in nature. Unless permanently
allowed by a land use permit for the entire site, permits for temporary public structures shall expire
one year after issuance, but may be renewed annually by the Community and Economic
Development Director upon demonstration of demonstrated public benefit and that the structures
and surrounding grounds are kept in a clean and orderly state.
20.44.050 Co-Living Housing.
Co-living housing is a residential development with sleeping units that are independently rented and
provide living and sleeping space, in which residents share kitchen facilities with residents of other
units in the building. Co-living housing follows RCW 36.70A.
(a) The city must allow co-living housing as permitted use on any lot located within an urban
growth area that allows at least six multi-family residential units, including on a lot zoned for
mixed-use development.
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(b) The city may not require co-living housing to:
(1) Contain room dimensional standards larger than that required by the state building code,
including dwelling unit size, sleeping unit size, room area, and habitable space;
(2) Provide a mix of unit sizes or number of bedrooms;
(3) Include other uses;
(4) Provide off-street parking within one-half mile walking distance of a major transit stop;
(5) Provide more than 0.25 off-street parking spaces per sleeping unit;
(6) Exclude co-living housing from participating in affordable housing incentive programs
under RCW 36.70A.540;
(7) Treat a sleeping unit in co-living housing as more than one-quarter of dwelling unit for
purposes of calculating dwelling unit density;
(8) Treat a sleeping unit in co-living housing as more than one-half of a dwelling unit for
purposes of calculating fees for sewer connections, unless the city makes a finding, based
on facts, that the connection fees should exceed the one-half threshold.
20. 44. 060 Minimum Parcel Sizes for Manufactured and Mobile Homes.
In the Residential Ultra Low Capacity, Residential Low Capacity, and Residential Moderate
Capacity. Mobile homes are only allowed pursuant to §20.40 (Tables of Permissible Uses) and on
parcels of the following minimum size:
Single Manufactured or Mobile Homes 1 acre Manufactured or Mobile Home Parks 5 acres
20.44.062 Mobile Home Parks.
(a) Pursuant to §20.48.020 (Residential Density), mobile home parks are exempt from maximum
density requirements. They may achieve whatever density achievable so long as they meet all
the requirements of this Title. (b) The minimum parcel size for mobile home parks is regulated by §20.44.060 (Minimum Parcel Sizes f or Manufactured or Mobile Home Parks). (c) Individual spaces within a mobile home park may not be subdivided. (d) The total lot coverage by structures in a mobile home park shall not exceed forty-five percent of the site are(e) The maximum number of units allowed in a single mobile home park or combination of adjacent parks shall be one hundred seventy-five (175) units. Mobile home parks shall be considered to be adjacent to one another unless they are completely separated by unrelated land use, and not merely by a public or private street, easement, or buffer strip. (f) All internal roads shall be paved. One-way roads shall have a minimum of a twelve-foot travel lane. Two-way roads shall have a minimum of two ten-foot travel lanes. All cul-de- sacs and turnarounds shall meet City cul-de-sac and turn-around standards. (g) In addition to any screening requirements of Chapter 20.76 (Screening & Shading), a minimum of five percent of the site shall be held as common area, evenly distributed throughout, and adequately landscaped. Such common area shall include any entryway(s) into the mobile home park, which shall be landscaped to Type B, Semi-Opaque standards (see §20.76.040, Descriptions of Screens). (h) All mobile home parks shall have an on-site Manager. (i) Site plans for mobile home parks shall state for each pad whether it is intended for a singlewide or doublewide mobile home.
(j) Internal minimum setbacks within a Mobile Home Park for individual units shall be ten
feet from an internal roadway, parking, or other common area and five feet from the lines
dividing leasable spaces.
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20.44.064 Trade or Vocational Schools in the OTBD-1.
Trade or vocational schools are permissible in the OTBD-1 District on the second or higher floors only.
20.44.066 Outdoor Storage for Scrap Materials Salvage Yards, Junkyards, Automobile Graveyards,
Automobile Recycling Facilities, Construction Yards, and Industrial or Manufacturing Uses.
(a) General Requirements. (1) All storage areas shall be located between the rear property line and the primary structure on the site; no storage shall be located between the structure and a public or private street. (2) Outdoor storage shall not be permitted over or take away required parking stalls. (3) Outdoor storage shall not be permitted on undeveloped lots. (4) For construction yards and industrial or manufacturing uses, outdoor storage shall consist of supplies, materials, and/or equipment that are in working and usable condition (b) Outdoor Storage Surface. (1) All storage areas shall be graded and surfaced with asphalt, concrete or other material that will provide equivalent protection against soil, groundwater, surface water, and aquifer contamination, and potholes, erosion, and dust. Specifications for surfaces meeting the standard set forth in this subsection are contained in the Public Works Construction Standards and Specifications. (2) Storage areas shall be properly maintained in all respects. In particular, and without limiting the foregoing, storage area surfaces shall be kept in good condition (free from potholes cracks, breaks or other defects that would allow contaminants to penetrate). (c) Storage Screening. (1) All outdoor storage areas shall be screened pursuant to Chapter 20.76 (Screening and Shading) and fenced pursuant to Chapter 20.46 (Design) and Chapter 20.48 (Density and Dimensions).
20.44.068 Adult Family Home
(a) A new adult family home is required by Chapter 20.40 to obtain a zoning permit.
(b) The adult family home shall comply with all Washington State regulations.
(c) The adult family home shall comply with the International Building Code, International
Residential Code, and the International Fire Code.
(d) The adult family home shall obtain a business license from Washington State and the City.
(e) The applicant shall provide the following for compliance:
(1) Zoning Permit application form and checklist. Type of permit determined above in section
20.44.068 (a) and (b).
(2) Site Plan showing all changes within the structure, including the layout, ADA accessibility,
the number of proposed bedrooms, number of proposed beds, square footage of each bedroom,
and access to all common areas, including but not limited to kitchen, living room, dining
room, restrooms, and laundry rooms.
(3) Site Plan showing all changes outside the structure, including parking spaces per the required
parking listed in Chapter 20.72, ADA access and improvements, emergency vehicle access,
along with general ingress and egress to and from the site.
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20.44.070 Homes Emphasizing Special Services, Treatment, or Supervision.
This section applies to all like uses in Chapter 20.40, Tables of Permissible Uses
(a) In addition to other applicable standards, no use, with the exception of adult family homes,
shall be located closer than one-thousand two-hundred feet, measured from property lines,
from another such use. For the purpose of this section, a development shall be defined as a
building or group of buildings on a single parcel of land. This provision is intended to prevent
the creation of a de facto social service district.
(b) Facilities shall be maintained to conform to the character of its neighborhood. This applies to
design, density, lot size, landscaping, or other factors affecting the neighborhood character.
This will minimize disruption of a neighborhood due to the introduction of a dissimilar
structure.
(c) Uses shall be licensed pursuant to any and all state requirements.
(d) Uses that may pose a potential threat to minors (e.g., sexual predator transitional housing) shall
be located no closer than twelve hundred feet, measured from property lines, from a school,
park, or other place where children can reasonably be expected to congregate.
The following applies to all permissible uses listed under this section of Chapter 20.40, Tables of
Permissible Uses, that are not addressed in another section of Title 20 - Zoning. Section (a) provides
general requirements for all use types and section (b) provides additional requirements depending on
the specific use type.
(a) General Requirements:
(1) Facilities shall be maintained to conform to the character of its neighborhood. This applies
to design, density, lot size, landscaping, or other factors affecting the neighborhood
character.
(2) Uses shall be licensed pursuant to any and all state requirements.
(3) Uses shall comply with any and all local, state, or federal requirements.
(4) Uses that may pose a potential threat to minors (e.g., sex offender housing of any use type
listed in this section) shall be located no closer than twelve hundred feet, measured from
property lines, from a school, park, or other place where children can reasonably be
expected to congregate.
(b) Specific Use Type Requirements:
(1) Emergency Housing, Emergency Shelters, Homes for Handicapped or Infirm, In-Home Child
Day Care, Nursing Care-Intermediate Care Homes, Permanent Supportive Housing, Special
Needs Childcare Homes, and Transitional Housing uses are required to:
i. Shall follow section (a) and all the applicable permit type requirements of §20.40
Permissible Uses and §20.16 Permits and Land Division Approval.
ii. No additional restrictions are required for these uses. (2) Halfway Houses and Health Care Facilities (providing drug, alcohol or similar rehabilitation)
uses:
i. Shall follow section (a) and all the applicable permit type requirements of §20.40
Permissible Uses and §20.16 Permits and Land Division Approval.
ii. Shall not be located closer than one-thousand two-hundred feet, measured from
property line, from another such use. This provision is intended to prevent the creation
of a de facto social service district.
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(3) Religious Organization Sites:
i. Religious Organization means the federally protected practice of a recognized
religious assembly, school, or institution that owns or controls real property, per RCW
36.01.290 (6) (c).
ii. Any Affordable Housing, Emergency Housing, Emergency Shelters, Permanent
Supportive Housing, or Transitional Housing uses are allowed to occur on any
property owned by a religious organization.
iii. Shall follow section (a) and all applicable permit type requirements of §20.40
Permissible Uses and §20.16 Permits and Land Division Approval.
iv. A density bonus increase of 50% is allowed on any site per RCW 36.70A.545, as long
as all other dimensional standards of §20.48 Density and Dimensional Standards
subject to the zone are met.
20.44.072 Reasonable Accommodation.
(a) Any person claiming to have a handicap, or someone acting on his or her behalf, who wishes to
be excused from an otherwise applicable requirement of this Land Use Code under the Fair
Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b), or the Washington Law Against
Discrimination, Chapter 49.60 RCW, must provide the Director of the Community and
Economic Development Department with verifiable documentation of handicap eligibility and
need for accommodation. The Director shall act promptly on the request for accommodation. If
handicap eligibility and need for accommodation are demonstrated, the Director shall approve
an accommodation which may include granting an exception to the provisions of this Code.
The Director shall not charge any fee for responding to such a request. The Director’s decision
shall constitute final action by the City on the request for accommodation, and review of that
decision will be available only in court. An action seeking such review must be filed not more
than twenty-one days after the Director’s decision.
(b) The accommodation provided shall be personal to the applicant and shall not run with the land;
provided, however, that a change in a residential structure necessary to accommodate the
operation of a residential care provider to the disabled may be continued by future operations of
similar facilities at the site who establish the same use within six months of the date the prior
use by disabled person or residential care provider ceases. The community and economic
development director may therefore direct that any physical change in the structure which
would otherwise be illegal under the use or bulk requirements of Title 20, Land Use Code, and
be brought into compliance six months after the date of sale or transfer of a residential structure
to a person or entity not qualifying for the protections of the Americans with Disabilities Act
(“ADA”), FHA and WLAD.
20.44.080 Administrative Conditional Use Permits for Mobile Sales and Delivery.
(a) This section establishes a mechanism for whereby the City may issue a permit to allow for
mobile sales and deliveries allowed in zones consistent with the uses found in Chapter 20.40
Table of Permissible Uses.
(a)(b) Mobile sales and deliveries are intended as an accessory use to a primary use on a
specific parcel. The mobile sales and deliveries use shall not be a stand-alone use on a vacant
parcel and never leave the site.
(b)(c) An application for an administrative conditional use permit will be reviewed and
approved by the Community and Economic Development Director.
(c)(d) The City may grant an administrative conditional use permit only if it finds that:
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(1) The proposed use and site plan will not be materially detrimental to the public welfare or
injurious to the property or improvements in the immediate vicinity; and
(2) The proposed use and site plan will be consistent with the intent of the underlying zone,
including the Airport Projection District and Critical Areas; and
(3) The site plan is required to show the following requirements: drive-thru stacking, parking,
ADA parking. landscape requirements, ingress / egress, and on-site traffic flow; and
(4) The proposed use shall provide information and the location of restroom facilities, hand
washing stations, water use, grey water disposal, and refuse receptacles; and
(5) The proposed use may be conditioned on hours of operation, duration of stay, strategies to
minimize traffic congestion or pedestrian hazards, or any other concern.
(d)(e) The City may issue and renew permits on an annual basis in conjunction with a
business license.
(e)(f) The mobile sales and deliveries use shall obtain a Washington State Business License and City
Endorsement License prior to opening for business.
20.44.082 Home Occupations.
(a) Purpose: The purpose of this section is to allow limited commercial activity incidental to
residential use of a dwelling unit while ensuring all residents freedom from excessive noise,
excessive traffic, nuisance, fire hazard, and other possible effects of commercial uses being
conducted in residential neighborhoods.
(b) Applicability: Home occupations are allowed as an accessory use to the residential use of a
single-family, multifamily, or accessory dwelling unit, subject to the requirements of this chapter.
A business license shall be required for all home occupations.
(c) Residency: The location of the home occupation must be the principal residence of the
person(s) conducting the home occupation.
(d) Standards for Home Occupations: A home occupation may be conducted if it:
(i) Is carried on by an owner or renter of the dwelling unit and, in addition, may involve no
more than two other business participants visiting the dwelling unit (or, for properties that
contain an accessory dwelling unit, visiting the property) per day. “Other business
participants” shall include non-family employees and independent contractors;
(ii) Has no outside storage;
(iii) Requires no alteration to the interior or exterior of the dwelling that changes its residential
character;
(iv) Does not involve activities, including but not limited to the use of heavy equipment, power
tools, power sources, hazardous materials, or other equipment or materials that result in
noise, vibration, smoke, dust, odors, heat, traffic, parking, or other conditions that exceed,
in duration or intensity, such conditions normally produced by a residential use;
(v) Has, in addition to daily mail service, no more than a combined total of three commercial
and courier pickups and deliveries at the dwelling unit (or, for properties that contain an
accessory dwelling unit, the property) per day, and no more than ten such pickups and
deliveries per week. Said pickups and deliveries shall occur between the hours of 8:00
a.m. and 6:00 p.m.;
(vi) Occupies no more than twenty-five percent of the total gross floor area, or no more than
five hundred square feet of floor area (whichever is less), including any space in an
accessory structure;
(vii) No stock-in-trade or any other material associated with the home occupation shall be
visible on the site;
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(viii) Includes no more than six clients/customers per day and no more than two
clients/customers at any time visiting the dwelling unit (or, for properties that contain
an accessory dwelling unit, visiting the property) for goods or services. A family arriving
in a single vehicle shall be considered one (1) client. Client/customer visits to a home
occupation shall be between the hours of eight a.m. and eight p.m.;
(ix) Operates no more than one (1) vehicle, van, truck or similar vehicle. The vehicle shall not
exceed any of the following:
(1) A gross vehicle weight of ten thousand pounds;
(2) A height of ten feet; and/or
(3) A length of twenty-four feet;
The measurement of vehicle height and length shall include bumpers and any other elements
that are required by federal or state law for the operation of the vehicle on public roads; and
(x) Shall conform to all performance standards as regulated in Part III. Performance
Standards, Chapter 20.44 Supplemental Use Regulations.
(e) The application for a home occupation shall be reviewed under the business license process.
An application for a home occupation under this section may be approved if the home
occupation:
(i) Will not harm the character of the surrounding neighborhood; and
(ii) Will not include outdoor storage and/or operation of building materials, machinery,
commercial vehicles, or tools, except if it meets the following criteria:
(1) Is appropriately screened from other properties;
(2) Does not emit noise, odor, or heat; and
(3) Does not create glare; and
(iii) Does not create a condition which injures or endangers the comfort, repose, health or
safety of persons on abutting properties or streets; and
(iv) Will not generate excessive traffic or necessitate excessive parking; and
(v) Will locate and screen any required or proposed site improvement in a manner that
minimizes its view from surrounding properties or adjacent streets.
(f) Enforcement – Upon determination that there has been a violation of any provision of this
section, the City may pursue code enforcement in accordance with the provisions of AMC
Chapter 11.01 Enforcement Provisions.
20.44.084 Stand Alone Office Uses in the General Industrial Zone.
In limited cases in the General Industrial District where a freestanding office building that is accessory to an otherwise permissible use has existed for more than five years, and is specifically designed so that it is not convertible to other permissible uses. If the building is subdivided from the remainder of the property it must meet all other code requirements.
20.44.090 Outdoor Storage or Display of Retail Items.
Where allowed by §20.40 (Tables of Permissible Uses), the outdoor storage or display of retail
items shall meet the following criteria:
(1) The outdoor retail display shall be accessory to a permitted retail use.
(2) The total area allowed for outdoor storage shall be the lesser of ten percent of the length of the primary store front times one foot, or one percent of the total square footage of said store, but in any event at least thirty- two square feet may be permitted; (3) It can be reasonably demonstrated that storage will be attractively displayed, be located adjacent to a wall or walls, and remain in the area specified for its display; (4) The stored materials shall not be located within the public right-of-way without first obtaining a right-of-way use permit from the City. The sidewalk shall remain clear and provide a minimum of 44 inches in width. Retail display shall not be located within required
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fire lanes or required parking stalls.
(5) Safe ingress and egress to the site, visibility for transportation, and pedestrian access shall be
maintained.
(6) Bulk storage shall only be allowed for Hardware Stores, Garden Centers, Feed Stores, Tractor
Supply Stores, Co-Op Stores, or similar, where the outdoor storage is permanently located
outdoors due to the size and/or weight of the items for sale.
20.44.094 Adult Entertainment Facilities.
(a) Purpose: The purpose of this section is to delineate the locational requirements of adult
entertainment facilities within the City, and to provide a buffer between such facilities and other
facilities when the location of an adult entertainment facility could be incompatible with other
land uses. (b) Locational and Separation Requirements. (1) No adult entertainment facility shall be permitted to locate within the City unless the following locational criteria are met: (A) Adult entertainment facilities shall be prohibited within one thousand feet of any residential zone. (B) Adult entertainment facilities shall be prohibited within one thousand feet of any church or religious facility or institution. (C) Adult entertainment facilities shall be prohibited within one thousand feet of any public or private school, training facility, or technical school that has twenty-five percent or more of its students under the age of eighteen. (D) Adult entertainment facilities shall be prohibited within one thousand feet of any public park or playground. (E) Adult entertainment facilities shall be prohibited within one thousand feet of any day care center. (F) Adult entertainment facilities shall be prohibited within five hundred feet of any existing establishment selling alcoholic beverages for consumption on the premises. (2) The distances provided herein shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed adult entertainment facility is or is to be located, to the nearest point of the parcel or the zoning district boundary line from which the proposed adult entertainment facility is or is to be separated. (3) Nothing within the locational requirements set forth herein shall preclude an adult entertainment facility from conducting more than one adult entertainment activity within a single structure, provided the adult entertainment activity otherwise complies with this chapter and all other City regulations. (4) In the event an adult entertainment facility is legally established in accordance with the requirements of this chapter, the subsequent location of any facility described in Subsection (b)1 of this section shall not affect the conformity of the legally established adult entertainment facility. (c) Variances from Separation Requirements.
(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
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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 Penal and Correctional Facilities containing eleven or more cells shall be located on a parcel
or parcels of at least fifty acres in size. Furthermore, such uses shall be prohibited within one
thousand feet of any residential zone, church or religious facility or institution, public or private
school, training facility, or technical school that has twenty-five percent or more of its students
under the age of eighteen, 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 20.36.020(g) – Commercial Corridor (CC)
(vii) AMC 20.36.030 – Manufacturing Districts (GI & LI)
(viii) AMC 20.36.034 – Aviation Flightline (AF).
(ix) AMC 20.36.036 – Medical Services (MS).
(x) AMC 20.36.040 – Public/Semi-Public (P/SP).
(2) At least .65 spaces shall be set aside as ―electric vehicle waiting spaces‖ for each Level 3
public electric vehicle charging station provided on site. Waiting spaces for Level 1 and
2 public electric vehicle charging stations shall not be required.
(3) The use of any charging station on-site shall not obstruct any vehicular or pedestrian
traffic on-site (such as waiting for a charging station space within a drive-aisle or a
designated pedestrian crossing) or within a public right-of-way (ROW).
(4) Battery or rapid charging station spaces shall be designated for charging electric vehicles
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City of Arlington 20.44 - 27 Revised November 2023August 2024
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€, 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€. (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. (A) Where provided, parking for electric vehicle charging purposes is required to include the following: (i) 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. (ii) 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. (iii) 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. (iv) Lighting. Where charging station equipment is installed, adequate site lighting shall exist, unless charging is for daytime purposes only. (B) Parking for electric vehicles should also consider the following: (i) Notification. Information on the charging station, identifying voltage and amperage levels and any time of use, fees, or safety information. (ii) Signage. Installation of directional signs at the parking lot for entrance and at appropriate decision points to effectively guide motorists to the charging station space(s). (3) Data Collection. To allow for maintenance and notification, owners of any private new
electric vehicle infrastructure station that will be publicly available (see definition ―electric
vehicle charging station – public‖), shall provide information on the station’s geographic
location, date of installation, equipment type and model, and owner contact information.
This information shall be submitted to the Community Development Department. (f) Accessible Electric Vehicle Charging Stations. Where electric vehicle charging stations are provided in parking lots or parking garages, accessible vehicle charging stations shall be provided as follows: (1) Accessible electric vehicle charging stations are provided in the ratios shown in the following table. Table 20.44-1: Accessible Electric Vehicle Charging Station Requirements
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(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)
Figure 20.44-2: Off-street accessible electric vehicle charging station – Option 2
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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.
Figure 20.44-4: Off-street EV Parking – Parking Space with Charging Station Equipment
12 x 12
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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. (h) Stacking Spaces for Electric Vehicle Battery Exchange Stations. Electric vehicle battery exchange stations shall provide three stacking spaces. A stacking space shall be an area measuring eight feet by twenty 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.
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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 require a construction
permit application and SEPA may be required depending on the amount of cut and fill proposed
with the grading on the site. Grading permits are issued by the Community and Economic
Development Director.
(b) The Community and Economic Development 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 ten thousand square feet of land within any twelve-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 one thousand square feet of property or more when not in conjunction with a land use permit or if a Forest Practice permit is required per §20.80 (Forest Land Conversion). SEPA may be required depending on the amount of cut and fill associated with the clearing and logging proposed on the site. (c) The Community and Economic Development 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 20.93 (Critical Areas Ordinance) 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 20.93 (Critical Areas Ordinance) 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 forty-eight 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 required 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 grading for public improvements to be permitted by approval of the construction drawings. However, the application shall specifically state that clearing and/or grading are a part of the application, and the permit shall specifically state what clearing and/or grading is permitted, or the clearing and/or grading shall not be considered permitted. (h) Between the dates of October 1 and March 31 all open projects shall be closed up and no more than 1/4 acre of property, or fifty cubic yards of soil, whichever represents the least amount of disturbance, may be cleared, moved or graded at any one time before that portion of
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the project is closed up. The clearing and/or grading of individual building lots in a finalled plat shall be phased, with no more than ten lots being cleared or graded in a plat at any one time. Before additional lots can be cleared or graded, the previously graded lots shall be hydro-seeded and mulched, sodded, or otherwise protected. The Public Works Director may allow grading or clearing in excess of these limits during these times if, in his opinion, the site, adjoining properties, and any Environmentally Critical Areas can be adequately protected, an approved Temporary Erosion and Siltation Control plan is implemented and properly maintained, and the weather is favorable. Part III. Performance Standards
20.44.208 Obligation to Comply.
(a) All uses in any zoning district must continually comply with the performance and operational
standards of this Part. (b) If the city has reasonable doubt that a use is, or can be, conducted within the limits of the above performance standards, it may require that the user or proposed user retain, at his expense, an independent, qualified, testing laboratory or expert to make an analysis of the use to determine its compliance with the standards and make the results of such analysis available to the City. If the site operator does not provide the required analysis within thirty days of the request, the City shall initiate such investigation and bill all expenses thereto the site operator, and the operator shall pay the City for such expenses within ten days after demand. The City may place a lien against the property if the operator refuses to pay such expenses within sixty days on receipt of bill.
20.44.210 Noise.
(a) No use in any zoning district may generate noise that tends to have an annoying or
disruptive effect upon (i) uses located outside the immediate space occupied by the use if that
use is one of several located on a lot, or (ii) uses located on adjacent lots. (b) For the purpose of interpreting Subsection (a), and except as provided in Su bsection (d), WAC 173-60, as may be amended, is hereby adopted and incorporated by reference in its entirety.
(c) Pursuant to WAC 173-60-030 (2), the following zones are designated to conform to the
EDNAs (see WAC) as provided: (1) RULC, RLC, R-Mod, RMC, RHC, and OTR – Class A EDNA (2) NC, OTBD, GC, and HC – Class B EDNA (3) BP, AF, LI, and GI – Class C EDNA (4) P/SP – shall conform to the EDNA that conforms to the zoning designation that predominately surrounds the P/SP parcel. (d) The following provisions of WAC 173-60 are amended: (1) WAC 173-60-050 (2)(b) (certain existing industrial uses) is specifically not adopted. (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.
Title 20--Land Use Code Chapter 20.44: Supplemental Use Regulations
City of Arlington 20.44 - 33 Revised November 2023August 2024
(b) No 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 o f 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 20.44-2 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 seven a.m. and ten p.m. shall be exempt from the requirements of this section.
Table 20.44-2: Table of Maximum Ground-Transmitted Vibration
Zoning
District
Particle Velocity, Inches-Per-Second
Adjacent Lot Line Residential District
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: (1) Reaches the odor threshold, measured at: (A) The outside boundary of the immediate space occupied by the enterprise generating the odor. (B) The lot line if the enterprise generating the odor is the only enterprise located on a lot. (2) Exceeds any state or federal thresholds.
20.44.240 Smoke and Air Pollution.
(a) Any use that emits any ―air contaminant‖ as defined in Regulations 1, 2, or 3 of the Puget Sound Clean Air Agency shall comply with applicable state standards concerning air pollution, as set forth in Regulations 1, 2, or 3 of the Puget Sound Clean Air Agency.
Title 20--Land Use Code Chapter 20.44: Supplemental Use Regulations
City of Arlington 20.44 - 34 Revised November 2023August 2024
(b) No zoning, special use, or conditional use permit may be issued with respect to any development covered by Subsection (a) until the Puget Sound Clean Air Agency has certified to the permit-issuing authority that the appropriate state permits have been received by the developer, or that the developer will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution laws.
20.44.250 Disposal of Liquid and Hazardous Wastes.
(a) No use in any district may discharge any waste contrary to the provisions of RCW 70.105
(Hazardous Waste Management) or RCW 90.48 (Water Pollution Control). (b) No use in any district may discharge into either the City of Arlington’s or the City of Marysville’s sewage treatment facilities any waste that cannot be adequately treated by biological means or in a manner inconsistent with the requirements and sewer service policies of either jurisdiction.
20.44.260 Water Consumption.
No use shall consume and/or use water supplied by either the City of Arlington or the City of
Marysville in a manner inconsistent with the requirements and water service policies of either
jurisdiction.
20.44.270 Electrical Disturbance or Interference.
No use may:
(a) Create any electrical disturbance that adversely affects any operations or equipment other
than those of the creator of such disturbance, or (b) Otherwise cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmissions or aviation equipment) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.
20.44.280 Lighting.
(a) Except as provided in Subsection (b), lighting shall not be used in such a manner as to
produce a glare on public streets or neighboring property. Arc welding, acetylene torch cutting,
or similar processes shall be performed so as not to be seen from any point beyond the property
boundary.
(b) Glare resulting from temporary construction activity that occurs between seven a.m. and ten p.m. shall be exempt from the requirements of this section.
20.44.290 Site and Building Maintenance.
All exteriors of all buildings and other structures shall be maintained in a clean and well-
maintained condition. All outside space, including landscaped and open space areas shall be kept
free of litter and debris. All plant material shall be kept free of disease, dead material, and weeds
that may constitute a health or fire nuisance.
Title 20--Land Use Code Chapter 20.44: Supplemental Use Regulations
City of Arlington 20.44 - 35 Revised November 2023August 2024
Part IV. Cottage Housing
20.44.300 Purpose and Intent
The general purposes of the cottage housing development design standards are as follows: (1) A cottage housing development is an alternative type of detached housing providing small residences for households of typically one to two individuals. Cottage housing is provided as part of the city’s overall housing strategy which intends to encourage affordability, innovation and variety in housing design and site development while ensuring compatibility with existing neighborhoods, and to promote a variety of housing choices to meet the needs of a population diverse in age, income, household composition and individual needs. (2) The cottage housing development design standards are intended to create a small community of cottages oriented around open space that is pedestrian-oriented and minimizes the visibility of off-street parking. These design standards are intended to ensure that cottage housing developments include pedestrian amenities and take advantage of existing natural features on the site including topography and vegetation. The cottage housing development design standards are intended to maintain traditional cottage amenities and proportions and ensure that cottage housing developments contribute to the overall community character. Because there may be alternative designs that meet the objectives of the design standards, the provisions of subsections 20.44.300 through 20.44.400 provide an alternative design review process to consider other acceptable ways to accomplish the objectives of this section. (3) All cottage housing developments are subject to current city stormwater standards and shall incorporate stormwater low impact development techniques whenever possible.
20.44.310 Applicability, application process and design review.
Applicability of this section, application procedure and the process for design review is pursuant to Chapter 20.46 AMC.
20.44.320 Density, number of cottage housing units and minimum lot area.
See Density and Dimensional Standards for Residential Zones.
20.44.330 Building height.
Structures in cottage housing developments shall be designed to be single story or single story plus
a loft. Because the base density is higher and building separation less than on typical residential
lots, it is important to maintain a feeling of adequate light and open space by providing
more restrictive maximum roof heights and roof proportion standards. (1) The maximum building height permitted for structures in cottage housing developments shall not exceed one and one-half stories or twenty-five feet in height.
20.44.340 Lot coverage area.
Cottage housing developments shall not exceed underlying lot coverage standards for the respective
zoning district to maintain residential neighborhood character and the balance of built structures to
open spaces.
(1) The maximum lot coverage permitted for all structures in cottage housing developments shall not exceed the requirements for the underlying zoning.
20.44.350 Cottage floor area.
Structures in cottage housing developments are primarily intended for one- and two-person
households and their occasional guests. Maintaining the maximum square footage of residences
in cottage housing developments is necessary to prevent overbuilding of the site and to not exceed
available on and off-street parking.
(1) The maximum floor area for an individual structure in a cottage housing development shall not exceed twelve hundred square feet.
Title 20--Land Use Code Chapter 20.44: Supplemental Use Regulations
City of Arlington 20.44 - 36 Revised November 2023August 2024
20.44.360 Cottage housing development building separation.
Structures within cottage housing developments shall observe minimum setbacks from other
cottage housing development structures to avoid overcrowding the site and to maintain a sense of
privacy within the cottages themselves. (1) All buildings within a cottage housing development shall maintain a minimum separation of ten feet from cottages within a cottage housing development measured from the nearest point of the exterior walls. Accessory buildings shall comply with building code requirements for separation from non-cottage structures.
20.44.370 Parks and open space.
The minimum parks and open space are intended to provide a sense of openness and visual relief
in cottage housing developments. Common open space shall provide a centrally located, focal area
for the cottage housing development. The common area shall be outside of stormwater, wetlands,
streams and sensitive area buffers and developed and maintained so its is usable for active or
passive recreation activities. Private open space shall provide area around the individual
dwellings to enable diversity in landscape design. (1) Parks shall meet the minimum requirements of Chapter 20.52. (2) Common open space shall: (A) Be a minimum of four hundred square feet per cottage; (B) Abut at least fifty percent of the cottages in a cottage housing development; (C) Have cottages abutting at least two sides. (3) Cottages shall: (A) Be oriented around and have the main entry from the common open space (B) Be within seventy-five feet of walking distance to common open space. (4) Private Open Space shall: (A) Be a minimum of three hundred square feet of private, contiguous, usable open space adjacent to each dwelling unit, for the exclusive use of the cottage resident. It shall be oriented toward the common open space as much as possible, with no dimension less than ten feet. (B) Additionally, cottages shall have a roofed porch that is covered and is at least ten percent of the total square footage of the residence living space. (5) At least fifty percent of all the units shall have an attached enclosure that is a minimum of forty square feet (not included in total living space square footage) which is accessible from the exterior of the building.
20.44.380 Off street parking.
Off-street parking space requirements for cottage housing developments shall be calculated at the
Multi-Family requirement. Off-street parking shall be located and designed to be less visible from
frontage streets than the cottages themselves. Off-street parking shall be designed to maintain a
pedestrian character for the overall cottage housing development. Clustering parking to the side or
rear of a cottage project will most often best accomplish these goals. However, on a site-specific
basis, design solutions other than clustering may be found to meet this objective through the
alternative design process. Parking areas shall be attractively landscaped to screen parking from
adjacent properties and street rights-of-way and shall meet applicable parking lot landscape
standards.
(1) Off-Street Parking Location. Parking shall be located on the cottage housing development
property. Off-street parking lots shall be located to the side or rear of the cottage housing
development. Parking lots shall not be located between the cottage housing development
and the primary street frontage.
Title 20--Land Use Code Chapter 20.44: Supplemental Use Regulations
City of Arlington 20.44 - 37 Revised November 2023August 2024
20.44.390 Stormwater Low Impact Development Techniques.
Cottage housing developments shall be designed to take advantage of open space and landscaped
features to utilize stormwater low impact development techniques including natural filtration and
on-site infiltration of stormwater. (1) Low impact development techniques for stormwater management shall be used wherever
possible. Such techniques may include the use of pervious pavers in parking areas and for walkways, directing roof drains and parking lot runoff to landscape beds, green or living roofs, and the use of rain barrels. (2) Cottages shall be located so as to maximize natural stormwater functions. Cottages shall be clustered and parking areas shall be located to preserve as much contiguous, permanently undeveloped open space and native vegetation as possible.
20.44.400 Alternative Site Design.
It is possible that an alternative design may fulfill the intent of this chapter while not complying
with the provisions herein. Requests for alternative designs shall be processed pursuant to Chapter
20.39 AMC, Development Agreements.
Staff Report & Recommendation
AMC Chapter 20.44Zoning Code Amendment – PLN#1176
Page 1 of 4
Community and Economic Development Planning Division th
CITY COUNCIL STAFF REPORT & RECOMMENDATION
To: Planning Commission
From: Amy Rusko, Planning Manager
Meeting Date: July 22, 2024
Date Prepared: July 16, 2024
Regarding: 2024 AMC Chapter 20.44 Zoning Code Amendment – PLN#1176
A. INTRODUCTION The AMC Chapter 20.44 Zoning Code Amendments is a City-initiated amendment to the Arlington Municipal code that includes updates to the supplemental uses chapter. Included with this staff report is the proposed redlined code amendment (Exhibit A).
GENERAL INFORMATION
Applicant: City of Arlington
Project Description: 2024 AMC Chapter 20.44 Zoning Code Amendment
Requested Action: City Council Approval
B. DETAILED PROJECT INFORMATION The 2024 AMC Chapter 20.44 Zoning Code Amendment include updates to the supplemental uses chapter of the code. The city updated the following sections, 20.44.020A Unit Lot Subdivisions (minor updates), 20.44.030 Flexible Development Standards (minor updates), 20.44.032 Subarea Plans (updates to public hearings and final ordinances), 20.44.037 Administrative Conditional Use Permits for Temporary, Seasonal Use or Special Event (removal of special events), 20.44.050 Co-Living Housing (new section), 20.44.070 Homes Emphasizing Special Services, Treatment, or Supervision (updates to entire section), 20.44.080 Administrative Conditional Use Permits for Mobile Sales and Delivery (update to accessory versus primary use), 20.77.098 Electrical Vehicle Infrastructure (update removed from this chapter and added to chapter 20.114 Alternative Energy Systems), and Part II. Land Clearing, Grading, Filling, and Excavation (updates include correct permitting process). Some of the proposed changes were required updates from Engrossed Second Substitute House Bill 1220, Engrossed Second Substitute House Bill 1110, Engrossed Substitute House Bill 1998, and under RCW 36.01.290(6)(c), RCW 84.36.043(3)(c), RCW 35.21.683, RCW 36.70A.070(2)(c), RCW 36.70A.545, and the Fair Housing Act and 1988 Amendment to ensure city compliance with State Regulations and the upcoming Comprehensive Plan update.
Staff Report & Recommendation
AMC Chapter 20.44 Zoning Code Amendment – PLN#1176
Page 2 of 4
C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE:
Type of Determination Issued Date Distribution and Public Notice
SEPA Determination on Non-Significance (DNS) 6/24/2024 City Public Notice Website Emailed to Review Agencies Posted at City Hall, Arlington Library, Smokey Point Post Office The Herald Published Date – 6/26/2024 Comment Period – 6/26/2024 to 7/10/2024 Public comments received during the public comment period.
Comment Summary City Response No comments received to date. Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT:
Public Notice and
Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations 2/06/2024, 2/22/2024, 7/2/2024, 7/16/2024 Planning Commission Agenda Online Planning Commission Email Distribution List
Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for 60-Day Review – 6/3/2024 Deadline for 60-Day Review – 8/2/2024
Planning Commission Public Hearing 7/16/2024 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 6/26/2024 City Council Public Meeting Presentations
Workshop: 7/22/2024 Meeting: 7/29/2024 City Council Agenda Online City Council Email Distribution List
3. COMPREHENSIVE PLAN COMPLIANCE:
Goal Goal Description Summary GO – 1 Ensure City Goals and Policies are consistent with the Growth Management Act.
GO – 2 Continue to provide effective stewardship over the natural and built environments within the City, ensuring harmony between both environments through application of best practice techniques. GO – 3 Work towards promoting and maintaining an urban environment within the City that enhances livability for its residents.
Staff Report & Recommendation
AMC Chapter 20.44 Zoning Code Amendment – PLN#1176
Page 3 of 4
Goal Goal Description Summary GH – 1 Diversify the City’s housing stock.
PH-1.1 A variety of housing types and densities should be encouraged on lands with a residential land-use designation. PH-1.4 Adequate housing opportunities for residents with special housing needs should be provided within the City. PH-1.5 Different classes of group homes should be permissible in residential neighborhoods. GH - 4 Encourage the development of special needs housing within the City.
PH-4.1 The City should support the development of housing for the elderly, handicapped, and other special needs populations through the allowance of mixed-use housing, group housing, and other housing types. GH-7 Increase the opportunity for all residents to purchase or rent safe, and sanitary housing through incentives and other programs.
PH-7.3 The City should support agency and nonprofit organizations in the creation of housing opportunities to accommodate the homeless, elderly, physically or mentally challenged, and other segments of the population who have special needs. GH - 8 Promote and facilitate the provision of affordable housing in all areas and zoning districts of the City.
PH-8.1
The City should work to ensure that housing options for low- and moderate-income households are: a) Dispersed throughout the City to discourage a disproportionate concentration of such housing in any one geographical area of the city. b) Are located near amenities such as commercial and employment areas, transportation facilities, and recreational opportunities and ; c) Are inclusive of a variety of housing types.
PH-8.2 The City should continue to support and participate in regional housing cooperatives such as Snohomish County’s Alliance for Affordable Housing and other regional organizations that promote affordable housing.
PH-805.6
Work with the county in seeking partnerships with other jurisdictions, through the Alliance for Housing Affordability, the Housing Consortium of Everett and Snohomish County, Snohomish County Tomorrow and similar forums, to track the provision of housing by type and affordability. This effort will include an assessment of progress toward meeting the county’s housing goals, including housing that addresses the needs of households within the under 30% AMI, 30-50% AMI and 51-80% AMI segments, as projected in the current Housing Characteristics and Nees Report for Snohomish County. (CWPP HO Policy 4.B.1) GL-7 Encourage a mix of residential densities throughout the City.
Staff Report & Recommendation
AMC Chapter 20.44 Zoning Code Amendment – PLN#1176
Page 4 of 4
4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS
Regulation Meets (a) Amendments to the text of this title may be made in accordance with the provisions of this chapter. has followed the provision of Chapter 20.96 by being processed through the 2024 Docket as a Development Regulation Amendment. Development Regulations. (a) All proposed text amendments to the development or zoning regulations shall be developed, submitted, and presented by the city staff, based on direction from the city council, planning commission, or the director of community and economic development.
process. The City Council approved the 2024 Final Docket through Resolution 2024-008.
Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s development regulations at least sixty days in advance of adoption, as required by RCW 36.70A.106.
Department of Commerce on June 3, 2024 for the standard 60-day review.
Regulation Amendments. (a) An open record public hearing shall be held before the planning commission for all amendments. (c) The city shall give public notice of all public hearings as required by section 20.24.020.
hearing at the July 16, 2024 Planning Commission Meeting. The public noticing is described under Section 2 above.
Development Regulation Amendments. The planning commission shall issue a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision of denial, which decision shall be forwarded to the city council for review and decision.
Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting.
Development Regulation Amendments. The city council’s approval, modification, deferral, or denial of a development regulations amendment proposal shall be based on the following criteria: (1) The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, the Multi-County Planning Policies, County Planning Policies, and the Growth Management Act, RCW Chapter 36.70A; and (2) The proposed change is necessary to further the public interest based on present needs and
provided by staff and considers the goals and objectives of the Comprehensive Plan, County Planning Policies, the Growth Management Act, and RCW Chapter 36.70A, along with the overall public interest prior to considering a decision.
(d) RECOMMENDATION Staff recommends the City Council approve the 2024 AMC Chapter 20.44 Zoning Code Amendment, PLN#1176.
City of Arlington Council Agenda Bill WS #7 Attachment
COUNCIL MEETING DATE: July 22, 2024 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.114 Alternative Energy Systems and Technology ATTACHMENTS: Code Amendment Overview, Ordinance, Supporting Documents, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Planning Manager 360-403-3550 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: technology chapter of the code. The new chapter includes general regulations for all types of energy storage (updated and moved from previous section of 20.44.098). Although the chapter addresses numerous types of energy storage systems, the City of Arlington is currently only permitting battery energy storage systems. The purpose and intent of this chapter is to ensure energy storage systems are installed and maintained to the most current National Fire Protection Association (NFPA), International Fire Codes (IFC), International Building Codes (IBC), International Residential Codes (IRC), International Electrical Codes (IEC), National Electric Code (NEC), Underwriters Laboratories (UL), and American National Standards Institute (ANSI) Standards that are available. The new code chapter provides a regulatory framework for the safe installation and use of energy storage systems. The battery energy storage systems are divided into three tiers of permitting for Residential-Scale (Tier 1), Medium-Scale/Commercial (Tier 2), and Industrial-Scale/Public Utility (Tier 3). HISTORY: code amendments are required to comply with the state law and local requirements. ALTERNATIVES:
Page 1 of 2
New or Renamed Table of Contents Code Sections:
• New: This is a new chapter with all new sections.
New Language Sections:
• 20.114 is a new chapter to the Arlington Municipal Code. The new code includes the following sections:
o Part I – Energy Storage Systems
20.114.010 Authority
20.114.015 Purpose and Intent
20.114.020 General Requirements
20.114.025 Plan and Speci�ication Submittal Requirements
20.114.030 Additional Required Information
20.114.035 Operation and Maintenance Manual Requirements
20.114.040 System Maintenance
20.114.045 System Training
20.114.050 System Testing
20.114.055 Commissioning Plan
20.114.060 Commissioning Test
20.114.065 Commissioning Report
20.114.070 Decommissioning Plan
20.114.075 Decommissioning Process
20.114.080 Decommissioning Report
20.114.085 Recommissioning of Existing Systems
20.114.090 Emergency Planning and Training
20.114.095 Installation
20.114.100 Hazard Mitigation Analysis (HMA)
20.114.105 Electrochemical Energy Storage Systems
20.114.110 Fire Control and Suppression
20.114.115 Signage
20.114.120 One and Two-Family Dwelling and Townhouse Units
AMC Chapter 20.114 – Alternative Energy Systems and Technology
Zoning Code Amendment Overview Summary - Amy Rusko, Planning Manager
Page 2 of 2
o Part II – Battery Energy Storage Systems
20.114.125 Introduction
20.114.130 Authority
20.114.135 General Requirements
20.114.140 Permitting Requirements for Tier I Battery Energy Storage Systems
20.114.145 Permitting Requirements for Tier 2 Battery Energy Storage Systems
20.114.150 Permitting Requirements for Tier 3 Battery Energy Storage Systems
20.114.155 De�initions
o Part III – Reserved (Future Section)
o Part IV – Reserved (Future Section)
o Part V – Electric Vehicle Infrastructure
20.114.410 Purpose
20.114.415 Authority
20.114.420 De�initions
20.114.425 Electric Vehicle (EV) Charging Infrastructure
20.114.430 Electrical Room(s) and Equipment
20.114.435 Battery Charing Station or Rapid Charging Station – Retro�itting in Existing Development
20.114.440 Electric Vehicle Charing Station Spaces – Allowed as Required Spaces
20.114.445 Off-Street Electric Vehicle Charging Station Spaces
20.114.450 Accessible Electric Vehicle Charging Stations
20.114.455 Electric Vehicle Charging Station Spaces – Signage
20.114.460 Charging Station Location, Options, and Charging Connector Diagrams
Updated Language Sections:
• This is a new chapter so there are no updated language sections.
Removed Language Sections:
• This is a new chapter so there are no removed language sections.
• All International Codes, State Requirements, and Local requirements as called out in the new chapter.
Washington State Legislation or Other Requirements
ORDINANCE NO. 2024-XXX 1
ORDINANCE NO. 2024-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADDING NEW CHAPTER 20.114
OF THE ARLINGTON MUNICIPAL CODE REGARDING ALTERNATIVE ENERGY SYSTEMS AND
TECHNOLOGY UNDER CITY PLANNING NO. PLN 1181
WHEREAS, the city has proposed new regulations for Alternative Energy Systems and
Technology to the City zoning code; and
WHEREAS, the Arlington Planning Commission considered the regulations at docketing
meetings on February 6, 2024 and February 22, 2024, and then on July 2, 2024 and at a public
hearing conducted on July 16, 2024; and
WHEREAS, the Planning Commission made findings and provided its recommendations to
the City Council concerning the proposed regulations; and
WHEREAS, the City Council considered the regulations at docketing meetings on March
11, 2024 and March 18, 2024; and
WHEREAS, the City Council considered the same at a workshop held on July 22, 2024, a
special meeting on July 29, 2024, and considered them along with the Planning Commission
recommendations; and the City Council having determined approving said regulations was in the
best interest of the City; and
WHEREAS, the regulations were presented to the Department of Commerce for comment
and said Department provided comments, comments were addressed and approved for the
ordinance; and
WHEREAS, the City Council has considered the proposed amendment to the municipal
code and finds it to be consistent with city and state law and in the best interests of the citizens;
and
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows:
Section 1. A new Chapter 20.114 shall be added to the Arlington Municipal Code as
shown in Exhibit A attached to this Ordinance:
Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state
or federal law or regulation, such decision or pre-emption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 3. Effective Date. The title of this ordinance which summarizes the contents shall
be published in the official newspaper of the City. This ordinance shall take effect and be in full
force five (5) days after the date of publication as provided by law.
ORDINANCE NO. 2024-XXX 2
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this
______ day of _____________________, 2024.
CITY OF ARLINGTON
____________________________________
Don Vanney, Mayor
ATTEST:
___________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
Title 20 – Land Use Code Chapter 20.114: Alternative Energy Systems and Technology
City of Arlington 20.114 - 1 August 2024
Chapter 20.114
ALTERNATIVE ENERGY SYSTEMS AND TECHNOLOGIES
Sections:
Part I. Energy Storage Systems
20.114.010 Authority.
20.114.015 Purpose and Intent
20.114.020 General Requirements
20.114.025 Plan and Specification Submittal Requirements
20.114.030 Additional Required Information
20.114.035 Operation and Maintenance Manual Requirements
20.114.040 System Maintenance
20.114.045 System Training
20.114.050 System Testing
20.114.055 Commissioning Plan
20.114.060 Commissioning Test
20.114.065 Commissioning Report
20.114.070 Decommissioning Plan
20.114.075 Decommissioning Process
20.114.080 Decommissioning Report
20.114.085 Recommissioning of Existing Systems
20.114.090 Emergency Planning and Training
20.114.095 Installation
20.114.100 Hazard Mitigation Analysis (HMA)
20.114.105 Electrochemical Energy Storage Systems
20.114.110 Fire Control and Suppression
20.114.115 Signage
20.114.120 One and Two-Family Dwellings and Townhouse Units
Part II. Battery Energy Storage Systems
20.114.125 Introduction
20.114.130 Authority
20.114.135 General Requirements
20.114.140 Permitting Requirements for Tier 1 Battery Energy Storage Systems
20.114.145 Permitting Requirements for Tier 2 Battery Energy Storage Systems
20.114.150 Permitting Requirements for Tier 3 Battery Energy Storage Systems
20.114.155 Definitions
Part III. Reserved
Part IV. Reserved
Part V. Electric Vehicle Infrastructure
20.114.410 Purpose.
20.114.415 Authority.
20.114.420 Definitions.
20.114.425 Electric Vehicle (EV) Charging Infrastructure.
20.114.430 Electrical Room(s) and Equipment.
20.114.435 Battery Charging Station or Rapid Charging Station – Retrofitting in Existing Development.
20.114.440 Electric Vehicle Charging Station Spaces – Allowed as Required Spaces.
20.114.445 Off-Street Electric Vehicle Charging Station Spaces.
20.114.450 Accessible Electric Vehicle Charging Stations.
20.114.455 Electric Vehicle Charging Station Spaces – Signage.
20.114.460 Charging Station Location, Options, and Charging Connector Diagrams.
Title 20 – Land Use Code Chapter 20.114: Alternative Energy Systems and Technology
City of Arlington 20.114 - 2 August 2024
Part I. Energy Storage Systems
20.114.010 Authority
This Energy Storage System code is adopted pursuant to provisions WAC 51-54A-1207, NFPA
111, NFPA 68, NFPA 69, NFPA 70, NFPA 76, NFPA 855, UL 9540, UL 9540A, UL 1642
20.114.015 – Purpose and Intent
Although this code addresses numerous types of Energy Storage Systems, the City of Arlington is
currently only permitting Battery Energy Storage Systems. The purpose and intent of this code is to
ensure that Energy Storage Systems are installed and maintained to the most current International Building
Code, International Residential Code, National Electric Code, International Fire Code and NFPA Standards
that are available. This code provides a regulatory framework for the safe installation and use of energy
storage systems with the following objectives:
a. To ensure the public health, safety, welfare and quality of life of citizens is maintained.
b. To provide for the correct designation of properties allowing for the construction, operation and
maintenance of energy storage systems.
c. To ensure compatible land uses in the vicinity of the areas that may be affected by energy storage
systems.
d. To mitigate the potential impacts of energy storage systems on environmental resources such as
aquafers, critical areas, forests, wildlife or other protected resources.
e. To support the transition to renewable energy sources.
20.114.020 – General Requirements
a. All proposed energy storage systems shall be designed, manufactured, and tested to meet the criteria
required by UL 9540, NFPA 111 or the most current accepted certification process, and UL 9540A,
if the energy storage system utilizes batteries as part of its operation.
b. Energy storage system capacities, including array capacity and separation, are limited to the
thresholds contained in NFPA 855.
c. A land use permit, building permit and electrical permit shall be required for installation of all
energy storage systems.
20.114.025 – Plan and Specification Submittal Requirements
a. Location and layout diagram of the room or area in which the ESS is to be installed.
b. Details on hourly fire-resistant-rated assemblies provided or relied upon in relation to the ESS.
c. The quantities and types of ESS units
d. Manufacturer's specifications, ratings, and listings of ESS
e. Description of energy storage management systems and their operation
f. Location and content of required signage
g. Details on fire suppression, smoke or fire detection, gas detection, thermal management,
ventilation, exhaust, and deflagration venting systems, if provided
h. Support arrangement associated with the installation, including any required seismic support.
20.114.030 – Additional Required Information
a. Fire and explosion testing data in accordance with Section 20.114.100.
b. Hazard mitigation analysis (HMA) in accordance with Section 20.114.095.
c. Calculations or modeling data to determine compliance with NFPA 68 and NFPA 69 in accordance
with Section 20.114.100.
d. Other test data, evaluation information, or calculations as required elsewhere in this standard.
e. If modeling data is provided, validation of the modeling results shall also be included.
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City of Arlington 20.114 - 3 August 2024
20.114.035 – Operation and Maintenance Manual Requirements
a. An operations and maintenance manual shall be provided to both the ESS owner or their authorized
agent and system operator before the system is put into operation and includes the following:
b. Submittal data stating the ESS size and selected options for each component of the system.
c. Manufacturer’s operation manuals and maintenance manuals for the entire ESS or for each
component of the system requiring maintenance that clearly identify the required routine
maintenance actions.
d. Contact information for a contracted service agency or responsible in-house personnel.
e. A narrative of how the ESS and its components and controls are intended to operate, including
recommended operational set points.
f. A service record log that lists the schedule for all required service and maintenance actions with
space for logging such actions that can be completed over time.
g. The operation and maintenance documentation shall include the following:
1. Procedures for the safe startup of the ESS system and associated equipment.
2. Procedures for inspection and testing of associated alarms, interlocks, and controls.
3. Procedures for maintenance and operation of the following, where applicable:
i. Energy storage management systems (ESMS)
ii. Fire protection equipment and systems.
iii. Spill control and neutralization systems.
iv. Exhaust and ventilation equipment and systems.
v. Gas detection systems
vi. Other required safety equipment and systems
4. Response considerations similar to a safety data sheet (SDS) that address response safety
concerns and extinguishment where an SDS is not required.
5. An instruction that equipment or system changes to the installation are required to be
recorded by updating any engineering documentation.
h. SDS for hazardous materials contained in the ESS shall be posted within sight of the disconnecting
means of any ESS or at a location approved by the City of Arlington
1. For ESS located outdoors, a means shall be provided to protect the SDS from the weather.
i. Where the operations and maintenance documentation calls for detailed procedures to be used for
specific scheduled operational checks or assessments, an operations record that includes data
associated with configurable system settings, system start-up, system shutdown (including
emergency shutdown), and long-term shutdown (storage mode) shall be maintained by the system
owner or their designated agent and be made available to the City of Arlington upon request.
j. The operations record shall be kept in a readily accessible location, or a sign indicating where the
record is located shall be posted adjacent to the system.
k. The operations and maintenance manual shall be prepared prior to final approval of the ESS and
be readily accessible to personnel responsible for the ESS.
l. A copy of the operations and maintenance manual shall be placed in an approved location to be
accessible to the Fire Department, emergency responders, and the City of Arlington.
20.114.040 – System Maintenance
a. The ESS shall be maintained in accordance with the system manufacturer’s instructions.
b. The maintenance documentation shall include a detailed maintenance schedule covering all
affected equipment and the activities to be performed.
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City of Arlington 20.114 - 4 August 2024
c. Maintenance documentation indicating the maintenance action taken, the date of the action, who
implemented the action, and the results associated with the action shall be maintained as required
by Section 20.114.035
d. Maintenance documentation shall record information on any repair, renewal, or renovation made
to the ESS.
20.114.045 – System Training
a. Training shall be provided to all those responsible for system operation and maintenance.
b. Training in system operation and maintenance shall be provided by the system owner or their
designated agent.
c. If any recommissioning of the system is conducted, training on any changes to the operation and
maintenance documentation shall be provided.
d. Training records of site operations and maintenance personnel shall be retained and accessible to
the City of Arlington, indicating the training taken, the name(s) of those taking the training, and the
training date.
20.114.050 – System Testing
a. System testing shall be performed when required by the operating instructions or maintenance
documentation in accordance with testing procedures provided by the ESS manufacturer.
b. A record of all testing shall be maintained in accordance with the requirements in Section
20.114.035.
c. Testing records shall be permitted to be made available electronically.
20.114.055 – Commissioning Plan
a. The system installer or commissioning agent shall prepare a written commissioning plan that
provides a description of the means and methods necessary to document and verify that the system
and its associated controls and safety systems, as required by this standard, are in proper working
condition.
b. The commissioning plan shall include, but not be limited to, the following information:
1. An overview of the commissioning process developed specifically for the ESS to be
installed and narrative description of the activities to be conducted.
2. Roles and responsibilities for all those involved in the design, commissioning,
construction, installation, or operation of the system(s)
3. Means and methods whereby the commissioning plan will be made available during the
implementation of the ESS project(s)
4. Plans and specifications necessary to understand the operation of the ESS and all associated
operational controls and safety systems.
5. A detailed description of each activity to be conducted during the commissioning process,
who will perform each activity, and at what point in time the activity is to be conducted.
6. Procedures to be used in documenting the proper operation of the ESS and all associated
operational controls and safety systems.
7. Testing for any required fire detection or suppression and thermal management, ventilation,
or exhaust systems associated with the installation and verification of proper operation of
the safety controls.
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8. The following documentation:
i. Commissioning checklist
ii. Relevant operational testing forms
iii. Necessary commissioning logs
iv. Progress reports
9. Means and methods whereby facility operation and maintenance staff will be trained on
the system.
10. Identification of personnel who are qualified to service and maintain the system and
respond to incidents involving each system.
11. A decommissioning plan meeting the provisions of Section 20.114.070 that covers the
removal of the system from service and from the facility in which it is located and
information on disposal of materials associated with each ESS.
20.114.060 – Commissioning Test
a. ESS shall be evaluated for their proper operation by the system installer in accordance with the
manufacturer’s instructions, the commissioning plan, and the requirements of this section after the
installation is complete but prior to final approval.
b. System testing shall be conducted as a component of the commissioning process and include
functional performance testing of the ESS that demonstrates that the installation and operation of
the system and associated components, controls, and safety-related systems are in accordance with
approved plans and specifications and that the operation, function, and maintenance serviceability
for each of the commissioned ESS is confirmed.
20.114.065 – Commissioning Report
a. The commissioning report shall be provided by the system installer or commissioning agent to the
system(s) owner and the City of Arlington prior to final inspection and approval.
b. The commissioning report shall document the commissioning process and the results in accordance
with Section 20.114.065 (c) (d) and (e).
c. A commissioning report shall summarize the commissioning process and verify the proper
operation of the system and associated operational controls and safety systems.
d. The report shall include the final commissioning plan, the results of the commissioning process,
and a copy of the plans and specifications associated with the as-built system design and
installation.
e. The report shall include any issues identified during commissioning and the measures taken to
resolve them.
20.114.070 – Decommissioning Plan
a. Prior to decommissioning, the owner of an ESS or their designated agent(s) shall prepare a written
decommissioning plan complying with Section 20.114.070 (d) that provides the organization,
documentation requirements, and methods and tools necessary to indicate how the safety systems
as required by this standard and the ESS and its components will be decommissioned, and the ESS
removed from the site.
b. Lead-acid and nickel-cadmium battery systems less than 50 V ac, 60 V dc that are in
telecommunications facilities for installations of communications equipment under the exclusive
control of communications utilities and located outdoors or in building spaces or walk-in units used
exclusively for such installations that are in compliance with NFPA 76 shall be permitted to have a
decommissioning plan in compliance with recognized industry practices in lieu of complying with
20.114.070 (d).
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c. Lead-acid and nickel-cadmium battery systems that are used for dc power for control of substations
and control or safe shutdown of generating stations under the exclusive control of the electric
utilities and located outdoors or in building spaces used exclusively for such installations shall be
permitted to have a decommissioning plan complying with applicable governmental laws and
regulations in lieu of complying with 20.114.070 (d).
d. The decommissioning plan shall be provided to the City of Arlington and include the following
information:
1. An overview of the decommissioning process developed specifically for the ESS that is to
be decommissioned.
2. Roles and responsibilities for all those involved in the decommissioning of the ESS and
their removal from the site.
3. Means and methods in the decommissioning plan submitted during the permitting process
to be made available at a point in time corresponding to the decision to decommission the
ESS.
4. Plans and specifications necessary to understand the ESS and all associated operational
controls and safety systems, as built, operated, and maintained.
5. A detailed description of each activity to be conducted during the decommissioning process
and who will perform that activity and at what point in time.
6. Procedures to be used in documenting the ESS and all associated operational controls and
safety systems that have been decommissioned.
7. Guidelines and format for a decommissioning checklist and relevant operational testing
forms and necessary decommissioning logs and progress reports
8. A description of how any changes to the surrounding areas and other systems adjacent to
the ESS, including, but not limited to, structural elements, building penetrations, means of
egress, and required fire detection and suppression systems, will be protected during
decommissioning and confirmed as being acceptable after the system is removed.
20.114.075 – Decommissioning Process
a. The City of Arlington shall be notified prior to decommissioning an ESS.
b. The ESS shall be decommissioned by the owner of the ESS or their designated agent(s) in
accordance with the decommissioning plan.
20.114.080 – Decommissioning Report
a. A decommissioning report shall be prepared by the ESS owner or their designated agent and
summarize the decommissioning process of the system and associated operational controls and
safety systems.
b. The report shall include the final decommissioning plan and the results of the decommissioning
process.
c. The report shall include any issues identified during decommissioning and the measures taken to
resolve them.
d. The decommissioning report shall be retained by the owner and provided to the City of Arlington
upon request.
20.114.085 – Recommissioning of Existing Systems
a. Recommissioning shall meet the provisions of Section 20.114.065 and include the entire system
with issuance of a new commissioning report, identification of any new issues and resolutions
documentation, and identification of any revisions to the operations and maintenance
documentation.
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City of Arlington 20.114 - 7 August 2024
b. When alterations, additions, repositioning, or renovations to the system or any of its components
are warranted, they shall be permitted in accordance with Sections 20.114.020 – 20.114.050 and be
performed by qualified entities and the system recommissioned in accordance with Sections
20.114.055 – 20.114.065.
c. Repairs or renewals to systems utilizing identical components shall not require recommissioning.
d. Listed ESS that has been modified in the field beyond the field-installed options that are part of the
listing shall be investigated and found suitable by the organization that listed the equipment.
20.114.090 – Emergency Planning and Training
a. For ESS installations that exceed the maximum stored energy limits of Table 20.114.090T,
emergency planning and training shall be provided by the owner of the ESS or their authorized
representative so that ESS facility operations and maintenance personnel and emergency
responders can address foreseeable hazards associated with the on-site systems.
b. For ESS installations that exceed the maximum stored energy limits of Table 20.114.090T, an
emergency operations plan and associated training shall be established, maintained, and conducted
by ESS facility operations and maintenance personnel.
c. An emergency operations plan shall be readily available for use by facility operations and
maintenance personnel.
d. For normally occupied facilities, the emergency operations plan shall be on site.
e. The plan shall be updated when conditions that affect the response considerations and procedures
change.
f. The emergency operations plan shall include the following:
1. Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under
emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and
for safe start-up following cessation of emergency conditions.
2. Procedures for inspection and testing of associated alarms, interlocks, and controls.
3. Procedures to be followed in response to notifications of system alarms or out-of-range
conditions that could signify potentially dangerous conditions, including shutting down
equipment, summoning service or repair personnel, and providing agreed-upon notification
to fire department personnel, if required.
4. Emergency procedures to be followed in case of fire, explosion, release of liquids or
vapors, damage to critical moving parts, or other potentially dangerous conditions.
5. Response considerations similar to a safety data sheet (SDS) that will address response
safety concerns and extinguishment when an SDS is not required.
6. Procedures for dealing with ESS equipment damaged in a fire or other emergency event,
including contact information for personnel qualified to safely remove damaged ESS
equipment from the facility.
7. Other procedures as determined necessary by the City of Arlington to provide for the safety
of occupants and emergency responders.
8. Procedures and schedules for conducting drills of these procedures.
20.114.095 – Installation
a. Maximum Stored Energy: ESS in the following locations shall comply with 20.114.095 as follows:
1. Fire areas within non-dedicated-use buildings containing ESS shall not exceed the
maximum stored energy values in table 20.114.095T except as permitted by Section
20.114.095(i).
2. Outdoor ESS installations in locations near exposures shall not exceed the maximum stored
energy values in table 20.114.095T except as permitted by 20.114.105(ii).
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3. ESS installations in open parking garages and on rooftops of buildings shall not exceed the
maximum stored energy values in table 20.114.095T except as permitted
by 20.114.095(ii).
4. Mobile ESS equipment as covered by NFPA 855 Chapter 9 Section 9.5.3.2 shall not exceed
the maximum stored energy values in table 20.114.095T except as permitted by Section
20.114.95(ii).
b. Table 20.114.095T: Maximum Stored Energy
ESS Type Maximum Stored Energya (kWh)
divided by 1000.
bNickel battery technologies include nickel cadmium (Ni-Cad), nickel metal hydride (Ni-MH), and
nickel zinc (Ni-Zn).
cIncludes vanadium, zinc-bromine, polysulfide, bromide, and other flowing electrolyte-type
technologies.
i. Where approved by the City of Arlington, fire areas in non-dedicated-use buildings
containing ESS that exceed the amounts in table 20.114.095T shall be permitted
based on a hazard mitigation analysis in accordance with Section 20.114.100 and
fire and explosion testing complying with Section 20.114.105.
ii. Where approved by the City of Arlington, outdoor ESS installations, ESS
installations in open parking garages and on rooftops of buildings, and mobile ESS
equipment that exceed the amounts in table 20.114.095T shall be permitted based
on a hazard mitigation analysis in accordance with Section 20.114.100 and fire and
explosion testing in accordance with Section 20.114.105.
iii. Where a single fire area within a building or walk-in unit contains a combination of
energy systems covered in table 20.114.095T, the maximum stored energy per fire
area shall be determined based on the sum of percentages of each type divided by
the maximum stored energy of each type.
iv. The sum of the percentages calculated in Section 20.114.095(iii) shall not exceed
100 percent except as permitted in Section 20.114.095(i) or Section 20.114.095(h).
c. Size and Separation.
i. ESS shall be comprised of groups with a maximum stored energy of 50 kWh each.
ii. Each group shall be spaced a minimum of 3 ft (0.9 m) from other groups and from
walls in the storage room or area.
iii. The AHJ shall be permitted to approve groups with larger energy capacities or
smaller group spacing based on performance criteria from fire and explosion testing
complying with Section 20.114.105(e).
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City of Arlington 20.114 - 9 August 2024
20.114.100 – Hazard Mitigation Analysis (HMA)
a. A hazard mitigation analysis shall be provided to the City of Arlington for review and approval
where any of the following conditions are present:
1. Technologies not specifically addressed in this Chapter are provided.
2. More than one ESS technology is provided in a single fire area where adverse interaction
between the technologies is possible.
3. Where allowed as a basis for increasing maximum stored energy as specified in
20.114.095(i) and 20.114.095(ii).
4. Where required by the City of Arlington to address a potential hazard with an ESS
installation that is not addressed by existing requirements.
5. Where required for existing lithium-ion ESS systems that are not UL 9540 listed.
6. Where required for outdoor lithium-ion battery ESS systems.
7. The hazard mitigation analysis shall evaluate the consequences of the following failure
modes and others deemed necessary by the City of Arlington:
i. A thermal runaway or mechanical failure condition in a single ESS unit.
ii. Failure of an energy storage management system or protection system that is not
covered by the product listing failure modes and effects analysis (FMEA)
iii. Failure of a required protection system including, but not limited to, ventilation
(HVAC), exhaust ventilation, smoke detection, fire detection, fire suppression, or
gas detection.
20.114.105 – Electrochemical Energy Storage Systems
a. The requirements of this chapter shall apply to installations of electrochemical ESS, including, but
not limited to, battery ESS and electrochemical double-layer capacitator (EDLC) ESS.
b. This chapter shall not apply to surge capacitors installed in accordance with Article 460 of NFPA 70.
c. This chapter shall not apply to capacitors and capacitor equipment for electric utilities and industrial
facilities used in applications such as flexible ac transmission (FACTS) devices, filter capacitor
banks, power factor correction, and standalone capacitor banks for voltage correction and
stabilization.
d. Unless modified by this chapter, the requirements of Sections 20.114.020 – 20.114.100 shall also
apply.
e. Where required elsewhere in this chapter, fire and explosion testing in accordance with Section
20.114.105 shall be conducted on a representative ESS in accordance with UL 9540A or equivalent
test standard.
f. Lead-acid and nickel-cadmium batteries used in standby power systems and listed to UL 1973 shall
not require UL 9540A testing when they are installed with a charging system that is listed to UL 1012,
UL 60950-1, or UL 62368-1, or a UPS listed to UL 1778.
g. The testing shall be conducted or witnessed and reported by an approved testing laboratory to
characterize the composition of the gases generated and show that a fire involving one ESS unit will
not propagate to an adjacent unit.
h. The representative cell, modules, and units tested, including any optional integral fire suppression
system, shall match the intended installation configuration other than the addition of the cell failure
mechanism utilized for cell thermal runaway initiation.
i. The testing shall include evaluation of deflagration mitigation measures when designed into ESS
cabinets.
j. The complete test report and its supporting data shall be provided to the AHJ for review and approval.
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City of Arlington 20.114 - 10 August 2024
k. The test report shall be accompanied by a supplemental report prepared by a registered design
professional with expertise in fire protection engineering that provides interpretation of the test data
in relation to the installation requirements for the ESS.
20.114.110 – Fire Control and Suppression
a. Where required elsewhere in this chapter, fire control and suppression for rooms or areas within
buildings and outdoor walk-in units containing ESS shall be provided in accordance with this
section.
b. Lead-acid and nickel-cadmium battery systems less than 50 V ac, 60 V dc that are in
telecommunications facilities for installations of communications equipment under the exclusive
control of communications utilities and located outdoors or in building spaces used exclusively for
such installations that comply with NFPA 76 shall not be required to have a fire suppression system
installed.
c. Lead-acid battery systems in uninterruptable power supplies listed and labeled in accordance with
the application utilized for standby power applications, which is limited to not more than 10 percent
of the floor area on the floor on which the ESS is located, shall not be required to have a fire
suppression system installed.
d. Lead-acid and nickel-cadmium battery systems that are used for dc power for control of substations
and control or safe shutdown of generating stations under the exclusive control of the electric utility
and located outdoors or in building spaces used exclusively for such installations shall not be
required to have a fire suppression system installed.
e. When approved by the City of Arlington, ESS shall be permitted to be installed in open parking
garages without the protection of an automatic fire suppression system where fire, explosion, and
fault condition testing documents the system does not present an exposure hazard to parked vehicles
when installed in accordance with manufacturer’s instructions and this standard.
f. When approved by the City of Arlington, ESS shall be permitted to be installed in ESS dedicated-
use buildings without the protection of an automatic fire control and suppression system where fire
and explosion testing conducted in accordance with Section 20.114.105 documents that an ESS fire
does not compromise the means of egress and does not present an exposure hazard to buildings, lot
lines, public ways, stored combustible materials, hazardous materials, high-piled stock, and other
exposure hazards not associated with electrical grid infrastructure.
g. When approved by the City of Arlington, ESS shall be permitted to be installed in outdoor walk-in
enclosures without the protection of an automatic fire control and suppression system where fire
and explosion testing conducted in accordance with 20.114.105 documents that an ESS fire does
not compromise the means of egress and does not present an exposure hazard.
h. Where more than one ESS technology is present within a fire area, the fire protection systems shall
be designed to protect the greatest hazard.
20.114.115 – Signage
a. Approved signage shall be provided in the following locations:
1. On the front of doors to rooms or areas containing ESS or in approved locations near
entrances to ESS rooms.
2. On the front of doors to outdoor occupiable ESS containers.
3. In approved locations on outdoor ESS that are not enclosed in occupiable containers or
otherwise enclosed.
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b. The required signage shall be in compliance with ANSI Z535 and include the following information
as shown below:
1. “Energy Storage Systems” with symbol of lightning bolt in a triangle.
2. Type of technology associated with the ESS.
3. Any special hazards associated with the specific type of ESS.
4. Type of suppression system installed in the area of the ESS.
5. Emergency contact information.
c.
20.114.120 – One and Two-Family Dwellings and Townhouse Units
a. General- ESS installations with a rating of 1 kWh (3.6 MJ) or greater and associated with one- or
two-family dwellings or townhouse units shall comply with the requirements of this chapter.
b. Equipment Listings - ESS shall be listed and labeled in accordance with UL 9540.
c. Installation - ESS shall be installed in accordance with the manufacturer’s instructions and their
listing.
1. ESS Spacing - Individual ESS units shall be separated from each other by a minimum of
3 ft (914 mm) unless smaller separation distances are documented to be adequate based on
fire and explosion testing complying with Section 20.114.120(l).
2. Labeling - A label containing emergency contact information for the qualified service and
maintenance providers shall be provided on the exterior of the installed ESS.
d. Locations - ESS shall only be installed in the following locations:
1. In attached garages separated from the dwelling unit living area and sleeping units in
accordance with the local building code.
2. In detached garages and detached accessory structures.
3. Outdoors on exterior walls or on the ground located a minimum of 3 ft (914 mm) from
doors and windows directly entering the dwelling unit.
4. In enclosed utility closets and storage or utility spaces where approved by the City of
Arlington.
5. If the room or space where the ESS is to be installed is not finished or noncombustible, the
walls and ceilings of the room or space shall be protected with not less than 5⁄8 in. Type X
gypsum board.
6. ESS shall not be installed in sleeping rooms, or in closets or spaces opening directly into
sleeping rooms.
e. Energy Ratings - Individual ESS units shall have a maximum stored energy of 20 kWh. The
aggregate rating of the ESS shall not exceed the following for each location listed:
1. 40 kWh within utility closets, basements, and storage or utility spaces.
2. 80 kWh in attached or detached garages and detached accessory structures.
3. 80 kWh where outdoor wall mounted.
4. 80 kWh where outdoor ground mounted.
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f. Electrical Installation - ESS shall be installed in accordance with NFPA 70.
1. Inverters shall be listed and labeled in accordance with UL 1741 or provided as part of the
UL 9540 listing.
2. Systems connected to the utility grid shall use inverters listed for utility interaction.
g. Fire Detection
1. Rooms and areas within dwelling units, basements, and attached garages in which ESS are
installed shall be protected by interconnected smoke alarms in accordance with the local
building code.
2. A heat detector or alarm, listed and interconnected to the smoke alarms, shall be installed
in locations within dwelling units and attached garages where smoke alarms cannot be
installed in accordance with their listing.
h. Protection from Impact - ESS installed in a location subject to vehicle damage shall be protected
by approved barriers. Vehicle impact protection consisting of guard posts or other approved means
shall be provided where ESS are subject to impact by motor vehicles. For residential garages, ESS
shall not be installed in a location subject to damage from impact by a motor vehicle.
1. When guard posts are installed, they shall be designed as follows:
i. Posts shall be constructed of steel not less than 4 in. (100 mm) in diameter.
ii. Posts shall be filled with concrete.
iii. Posts shall be spaced not more than 4 ft (1.2 m) on center.
iv. Posts shall be set not less than 3 ft (0.9 m) deep in a concrete footing of not less
than 15 in. (380 mm) diameter.
v. The top of the posts shall be set not less than 3 ft (0.9 m) above ground.
vi. Posts shall be located not less than 3 ft (0.9 m) from the ESS.
i. Exhaust Ventilation - Indoor installations of ESS that include batteries that produce hydrogen or
other flammable gases during charging shall meet the exhaust ventilation requirements in
accordance with NFPA 855 Chapter 9.6.5.1.
j. ESS Toxic and Highly Toxic Gas Release During Normal Use - ESS that have the potential to
release toxic or highly toxic gas during charging, discharging, and normal use conditions shall be
installed outdoors.
k. Test Reports - ESS installed in accordance with Section 20.114.120 shall be provided with a
product-level evaluation by an approved qualified person with expertise in energy storage as a
supplemental safety document to be used by the City of Arlington and the installing contractors.
l. Fire and Explosion Testing - Where required by Section 20.114.095 (c)(ii), fire and explosion
testing shall be conducted on a representative ESS in accordance with UL 9540A or equivalent test
standards.
1. The complete UL 9540A or equivalent test report shall be provided to the authority having
jurisdiction, including the cell, module, and unit level.
2. Lead-acid and nickel-cadmium batteries used in standby power systems and listed to UL
1973 shall not require UL 9540A testing when installed with a charging system listed to
UL 1012, UL 60950-1, or UL 62368-1, or a UPS listed to UL 1778.
3. The testing shall be conducted, witnessed, and reported by an approved testing laboratory
to characterize the composition of the gases generated and show that a fire involving one
ESS unit will not propagate to an adjacent unit.
4. The representative cell, modules, and units tested, including any optional integral fire
suppression system, shall match the intended installation configuration other than the
addition of the cell failure mechanism utilized for cell thermal runaway initiation.
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City of Arlington 20.114 - 13 August 2024
5. The testing shall include evaluating deflagration mitigation measures when designed into
ESS cabinets.
Part II – Battery Energy Storage Systems
20.114.125 - Introduction
a. Batteries are a unique class of energy storage system infrastructure. Because the basic unit is a
small cell or pouch, a BESS is modular in nature and can be configured in virtually any size.
Additionally, a BESS has relatively limited infrastructure requirements, needing a concrete pad to
sit on and a connection to the electric grid. These two factors-modularity and limited infrastructure
needs-means that a BESS can be built virtually anywhere, including in close proximity to existing
commercial and residential uses.
b. Battery Energy Storage Systems can consist of numerous battery types, listed within the definitions
section, but lithium-ion batteries are currently the most prevalent technology and can be configured
as a large-scale system consisting of several acres, or a small system installed in the garage of a
home or anything in between. The energy density of lithium-ion batteries is its key benefit, it is
also its greatest risk. Lithium-ion batteries store large amounts of energy in a small space coupled
with having a flammable electrolyte, having the potential to become unstable and enter thermal
runaway- a state in which the chemical reactions within the battery release excess energy and gasses
that cause battery failure and fires.
20.114.130 – Authority
This Battery Energy Storage System code is adopted pursuant to provisions within WAC 51-54A-
1207, NFPA 111, NFPA 68, NFPA 69, NFPA 70, NFPA 76, NFPA 855, UL 9540, UL 9540A, UL
1642
20.114.135 – General Requirements
a. A Battery Energy Storage System (BESS) permit, in conjunction with a building permit, issued by
the City of Arlington, an electrical permit, issued by the Washington State Department of Labor and
Industries shall be required for the installation of all battery energy storage systems. In addition, a
land use permit, issued by the City of Arlington, shall be required for the installation of all Tier 2
and Tier 3 battery energy storage systems.
b. All battery energy storage systems, all Dedicated Use Buildings, and all other buildings or structures
that (a) contain or are otherwise associated with a battery energy storage system and (b) subject to
the requirements of the most current editions of the International Codes (IBC, IFC, IRC) including
applicable state amendments, and the most current editions of both the National Electrical Code
(NEC). All battery energy storage systems shall comply with NFPA 855, the standard for the
installation of Stationary Energy Storage Systems, and all equipment shall be UL 9540 listed.
c. An approved energy storage management system shall be provided for battery technologies other
than lead-acid and nickel cadmium for monitoring and balancing cell voltages, currents, and
temperatures within the manufacturer’s specifications. The system shall transmit an alarm signal to
an approved location if potentially hazardous temperatures or other conditions such as short
circuits, over voltage or under voltage are detected.
Title 20 – Land Use Code Chapter 20.114: Alternative Energy Systems and Technology
City of Arlington 20.114 - 14 August 2024
20.114.140 – Permitting Requirements for Tier 1 Battery Energy Storage Systems
Tier 1 Battery Energy Storage Systems are allowed in all zoning districts, subject to the
applicable requirements of the most current editions of the IRC, IBC, NEC, NFPA 70, NFPA 855,
and all equipment shall be UL 9540 listed. Tier 1 systems are subject to minor floor plan/site plan
review as required in the BESS Permit. Tier 1 systems, if installed outside a structure, shall meet
all established setbacks for the zone they are within, be protected by fencing and screened from
view by adjacent property and the public Right of Way.
20.114.145 – Permitting Requirements for Tier 2 Battery Energy Storage Systems
Tier 2 Battery Energy Storage Systems are allowed, in conjunction with a Special Use Permit,
within the Highway Commercial (HC), Business Park (BP) Light Industrial (LI) and General
Industrial (GI) zones, subject to the applicable requirements of the most current edition of the
IEC, IBC, NEC, and NFPA 855., and are subject to administrative site plan review. Tier 2 systems
shall be set back a minimum of fifty (50) feet from adjacent properties, provide security fencing
and be screened from view from adjacent property and public Right of Way.
20.114.150 – Permitting Requirements for Tier 3 Battery Energy Storage Systems
a. Tier 3 Battery Energy Storage Systems are allowed only in General Industrial (GI) zones, in
conjunction with a Conditional Use Permit. Tier 3 systems shall be set back five hundred (500) feet
from any residentially zoned property, provide security fencing, and be screened from view from
adjacent property and the public Right of Way. All Tier 3 Battery Energy Storage Systems shall
adhere to the most current edition of the following Codes, Standards and Test Methods:
1. 2021 International Fire Code® (IFC)
2. 2021 NFPA 1, Fire Code (NFPA 1)
3. 2023 NFPA 855, Standard for the Installation of Stationary Energy Storage Systems (NFPA
855).
4. 2018 NFPA 68, Standard on Explosion Protection by Deflagration Venting (NFPA 68)
5. 2019 NFPA 69, Standard on Explosion Prevention Systems (NFPA 69)
6. IEC 60529, Degrees of Protection Provided by Enclosures, 2.2 Edition, January 2019 (IP
Code)
7. IEC 62619, Secondary cells and batteries containing alkaline or other non-acid
electrolytes – Safety requirements for secondary lithium cells and batteries, for use in
industrial applications, Edition 1.0, 2017 (IEC 62619)
8. IEC 62933-5-2, Electrical energy storage (EES) systems - Part 5-2: Safety requirements
for grid-integrated EES systems - Electrochemical-based systems, April 15, 2020 (IEC
62933-5-2).
9. UL 1642, Lithium Batteries, Edition 6, September 29, 2020 (UL 1642).
10. UL 1973, Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light
Electric Rail (LER) Applications, Edition 2, February 7, 2018 (UL 1973).
11. UL 9540, Standard for Safety of Energy Storage Systems and Equipment, Edition 2,
February 27, 2020 (UL 9540).
12. UL 9540A, Test Method for Evaluating Thermal Runaway Fire Propagation in Battery
Energy Storage Systems, Edition 4, November 12, 2019 (UL 9540A).
Title 20 – Land Use Code Chapter 20.114: Alternative Energy Systems and Technology
City of Arlington 20.114 - 15 August 2024
20.114.155 – Definitions
As used in this Chapter, the following terms shall have the meanings indicated:
Authority Having Jurisdiction (AHJ): The organization, agency, or individual responsible for enforcing
codes, standards, and regulations related to building construction, fire prevention, and life safety.
American National Standards Institute (ANSI): A private, non-profit organization that oversees the
development of voluntary consensus standards for products, services, processes, systems, and personnel in
the United States. ANSI standards are not mandatory by law, but they are widely used as the foundation for
industry standards and best practices. Many OSHA standards reference ANSI standards and using products
that meet ANSI standards can help comply with OSHA requirements.
Ancillary Services: Support services provided by energy resources or systems to help maintain grid stability,
reliability, and efficiency. Examples include frequency regulation, voltage support, and spinning reserves.
Bi-directional Inverter: An inverter that can convert electricity between alternating current (AC) and direct
current (DC) in both directions, enabling the charging and discharging of energy storage systems, and the
integration of renewable energy sources and electric vehicles with the grid.
Battery Degradation: The gradual decline in the performance and capacity of a battery over time, typically
resulting from factors such as the number of charge and discharge cycles, depth of discharge, and operating
conditions, such as temperature and humidity.
Battery Energy Storage System: A rechargeable energy storage system consisting of electrochemical storage
batteries, battery chargers, controls and associated electrical equipment designed to provide electrical power
to a building. The system is typically used to provide standby or emergency power, an uninterruptable
power supply, load shedding, load sharing or similar capabilities. A battery energy storage system is
classified as a Tier 1, Tier 2, or Tier 3 battery energy storage system as follows:
a. Tier 1 (Residential-Scale) battery energy storage systems have a maximum stored energy capacity
less than or equal to 20 kWh and, if in a room or enclosed area, consist of only a single energy
storage system technology. The aggregate rating of the ESS shall not exceed the following for each
location listed:
a. 40 kWh within utility closets, basements, and storage or utility spaces
b. 80 kWh in attached or detached garages and detached accessory structures.
c. 80 kWh where outdoor wall mounted.
d. 80 kWh where outdoor ground mounted.
b. Tier 2 (Medium -Scale/Commercial) battery energy storage systems have an aggregate energy
capacity greater than 40 kWh up to 600 (kWh).
c. Tier 3 (Industrial-Scale/Public Utility) battery energy storage systems having an aggregate energy
capacity greater than 600 kWh, up to, but not exceeding 200 mega-watt hours (MWh), or battery
energy storage systems with more than one storage battery energy technology is provided in a room
or enclosed area. An HMA shall be required for lithium-ion ESS that exceed 600 kWh (2,160 MJ)
for outdoor ESS installations, ESS installations in open parking garages and on rooftops of
buildings, and mobile ESS equipment.
Battery Storage: Battery storage systems store energy generated by resources, like hydro, solar or wind, for
use during peak demand or when renewable generation is low. This helps balance the grid and reduce
reliance on fossil fuels.
Title 20 – Land Use Code Chapter 20.114: Alternative Energy Systems and Technology
City of Arlington 20.114 - 16 August 2024
Battery Types: For the purposes of this code, certain types are defined as follows:
Flow battery: A type of storage battery that includes chemical components dissolved in two different
liquids. Ion exchange, which provides the flow of electrical current, occurs through the membrane while
both liquids circulate in their respective spaces.
Lead-acid battery: A storage battery that is comprised of lead electrodes immersed in a solution of water
and sulphuric acid electrolyte.
Lithium metal polymer battery: A storage battery that is similar to the lithium-ion battery except that it
has a lithium metal anode in the place of the traditional carbon or graphite anode.
Lithium-ion battery: A storage battery with lithium ions serving as the charge carriers of the battery. The
electrolyte is a polymer mixture of carbonates with an inorganic salt and can be in a liquid or a gelled
polymer form. Lithiated metal oxide is typically a cathode and forms of carbon or graphite typically
form the anode.
Nickel-cadmium (Ni-Cd) battery: An alkaline storage battery in which the positive active material is
nickel oxide, the negative electrode contains cadmium, and the electrolyte is a solution of water and
potassium hydroxide.
Nickel-metal hydride (Ni-MH): An alkaline storage battery in which the positive active material is nickel
oxide, the negative electrode is an intermetallic compound, and the electrolyte is usually potassium
hydroxide.
Stationary Storage Battery: A group of electrochemical cells and associated power conversion systems
interconnected to supply AC or DC power to a suitably connected electrical load, designed for service
in a permanent location.
Behind-the-Meter (BTM): A term used to describe energy generation or storage systems that are located on
the customer’s side of the utility meter, typically used for self-consumption or backup power, and potentially
providing grid support services through demand response or net metering programs.
Energy Capacity: The amount of energy that an energy storage system can store, typically measured in
kilowatt-hours (kWh) or megawatt-hours (MWh).
Capacitor Energy Storage System: A stationary, rechargeable energy storage system consisting of
capacitors, chargers, controls and associated electrical equipment designed to provide electrical power to a
building or facility. The system is typically used to provide standby or emergency power, an uninterruptable
power supply, load shedding, load sharing or similar capabilities.
Cycles: The number of times an energy storage system can be charged and discharged. A higher cycle life
indicates longer battery life.
DC Coupling: A method of connecting a solar array and energy storage system that uses a single inverter,
improving overall system efficiency.
Distributed Energy Resource Management System (DERMS): A system that integrates and manages
distributed energy resources, such as solar panels, wind turbines, and energy storage systems, to optimize
their operation and support the grid.
Title 20 – Land Use Code Chapter 20.114: Alternative Energy Systems and Technology
City of Arlington 20.114 - 17 August 2024
Distributed Generation (DG): The production of electricity from small-scale, decentralized energy sources,
such as rooftop solar panels, small wind turbines, or combined heat and power systems, located close to the
point of consumption.
Energy Arbitrage: The practice of buying energy at a lower price during periods of low demand and storing
it for later use when prices are higher, thereby profiting from the difference in energy prices.
Energy Storage Management System: An electronic system that protects stationary energy storage batteries
systems from operating outside their safe operating parameters and disconnects electrical power to the ESS
or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.
Energy Storage System (ESS): One or more devices, assembled together, capable of storing energy in order
to supply electrical energy at a future time.
Energy Storage System, Electrochemical: An energy storage system that stores energy and produces
electricity using chemical reactions. It includes, among others, battery ESS and capacitor ESS.
Energy Storage System, Mobile: An energy storage system capable of being moved and utilized for
temporary energy storage applications, and not installed as fixed or stationary electrical equipment. The
system can include integral wheels for transportation or be loaded on a trailer and unloaded for charging,
storage and deployment.
Energy Storage System, Stationary: An energy storage system installed as fixed or stationary electrical
equipment in a permanent location.
Energy Storage System, Walk-In Unit: A prefabricated building that contains energy storage systems. It
includes doors that provide walk-in access for personnel to maintain, test and service the equipment, and is
typically used in outdoor and mobile ESS applications.
Energy Storage System Cabinet: A cabinet containing components of the energy storage system that is
included in the 9540—2016 listing for the system. Personnel are not able to enter the enclosure other than
reaching in to access components for maintenance purposes.
Energy Storage System Commissioning: A systematic process that provides documented confirmation that
an energy storage system functions according to the intended design criteria and complies with applicable
code requirements.
Energy Storage System Decommissioning: A systematic process that provides documentation and
procedures that allow an energy storage system to be safely de-energized, disassembled, readied for
shipment or storage, and removed from the premises in accordance with applicable code requirements.
Flywheel Energy Storage: A mechanical energy storage system that stores energy in a rotating mass.
Flywheel energy storage systems have a fast response time and high efficiency.
Grid-Scale Energy Storage: Large-scale energy storage systems, typically with capacities of multiple
megawatt-hours or more, designed to provide grid support services, such as frequency regulation, load
shifting, and backup power, to help maintain grid reliability and accommodate the integration of renewable
energy sources.
Green Hydrogen: An emerging energy storage technology, green hydrogen is produced through the
electrolysis of water using renewable energy. It can be stored and used as a fuel when needed.
Title 20 – Land Use Code Chapter 20.114: Alternative Energy Systems and Technology
City of Arlington 20.114 - 18 August 2024
Hybrid Solar Inverter: A device that combines the functions of a solar inverter and a battery inverter, hybrid
solar inverters enable seamless integration of solar power and energy storage systems.
International Building Code (IBC): A module of the code series developed by the International Code
Council, that establishes the base code standards for most jurisdictions in the United States. The IBC
addresses both health and safety concerns for buildings based upon prescriptive and performance related
requirements. The IBC is fully compatible with all other published ICC codes. The code provisions are
intended to protect public health and safety while avoiding both unnecessary costs and preferential
treatment of specific materials or methods of construction.
International Fire Code (IFC): A module of the code series developed by the International Code Council,
it establishes the minimum requirements for fire prevention and fire protection systems using prescriptive
and performance-related provisions. It is founded on broad-based principles that make possible the new
materials and new system designs. This requires utilizing of the most current version.
International Residential Code (IRC): A module of the code series developed by the International Code
Council, it applies to all new one- and two-family dwellings and townhomes up to three stories, it is intended
to ensure efficient and flexible building designs that protect health and safety and encourage the use of
technological advances. It covers all aspects of construction in a single code, including building, plumbing,
mechanical services, energy conservation, fuel gas and electrical provisions.
Islanding: A situation in which a portion of the grid, such as a microgrid, becomes disconnected from the
main grid and continues to operate independently, maintaining power supply to its local consumers.
Load Shifting: A strategy used to move energy consumption from periods of high demand to periods of low
demand, improving the overall efficiency of the electrical grid.
Microgrid: A localized energy system that can operate independently from the main electrical grid, typically
consisting of multiple distributed energy resources.
National Electrical Code (NEC), or NFPA 70: Is a regionally adoptable standard for the safe installation of
electrical wiring and equipment in the United States. It is part of the National Fire Code series published
by the National Fire Protection Association, a private trade association.
National Fire Protection Association: The National Fire Protection Association is a U.S.-based
international nonprofit organization devoted to eliminating death, injury, property, and economic loss due
to fire, electrical, and related hazards.
Net Metering: A billing arrangement that allows energy consumers with grid-connected distributed energy
resources to receive credit for any excess electricity they generate and send back to the grid.
Peak Shaving: The practice of reducing energy demand during peak hours by using stored energy or other
resources, helping to alleviate stress on the grid.
Renewable Energy: Energy generated from sustainable resources, such as solar, wind, hydro, geothermal,
and biomass, which have little to no negative impact on the environment.
Round-trip Efficiency: The efficiency of an energy storage system when accounting for both charging and
discharging processes, typically expressed as a percentage.
Title 20 – Land Use Code Chapter 20.114: Alternative Energy Systems and Technology
City of Arlington 20.114 - 19 August 2024
Part III. Reserved
Part IV. Reserved
Part V. Electric Vehicle Infrastructure
20.114.410 Purpose.
a. This section is to establish electric vehicle infrastructure (EVI) regulations for the City to allow
EVI and to meet the intent of RCW 35.63.126 requiring the City to allow EVI in all zones except
for residential zones.
b. This section shall meet the regulations of WAC 51-50-0429, RCW 19.27.540, and RCW 46.08.185.
c. The provisions of this section shall apply to the construction of new buildings and accessory
structures, including parking lots and parking garages. Electric vehicle supply equipment (EVSE)
shall be installed in accordance with applicable requirements of RCW 19.28 and National Electrical
Code, Article 625.
20.114.415 Authority.
Electric vehicle infrastructure is allowed as specified as in the permissible use tables of §20.40 Permissible
Uses and required for all new development citywide in accordance with the regulations of this chapter and
state regulations.
20.114.420 Definitions.
Definitions related to electric vehicles can be found in §20.08 – Definitions.
20.114.425 Electric Vehicle (EV) Charging Infrastructure.
a. Buildings and accessory structures shall be provided with EV charging stations, EV-Ready parking
spaces, and EV-capable parking spaces in accordance with Table 20.114.425T, per the International
Building Code occupancy types. Calculations shall be rounded up to the nearest whole number.
Where a building contains more than one occupancy, the electric vehicle charging infrastructure
percentages of Table 20.114.425T shall be applied to the number of spaces required for each
occupancy.
b. Exceptions:
1. Except for Group A, Group E, and Group M occupancies, on-site parking with less than 10
parking spaces shall not be required to comply with this section.
2. Group A, Group E, and Group M occupancies shall comply with one of the following,
whichever is greater:
i. The provisions of this section apply only to designated employee parking spaces.
ii. One of each 200 parking spaces or fraction thereof shall be EV Ready. One of each
200 parking spaces or fraction thereof shall be an EV Charging Station
c. Table 20.114.425T:
Occupancy Number of EV
Charging Stations
Number of EV-Ready
Parking Spaces
Number of EV-Capable
Parking Spaces
Group A, B, E, F, H, I, M,
and S Occupancies
10% of total parking
spaces
10% of total parking
spaces 10% of total parking spaces
Group R Occupancies
Buildings that do not
contain more than two
dwelling units.
Not required One for each dwelling
unit Not required
Dwelling units with
private garages Not required One for each dwelling
unit Not required
All Other Group R
Occupancies
10% of total
parking spaces
25% of total
parking spaces 10% of total parking spaces
Title 20 – Land Use Code Chapter 20.114: Alternative Energy Systems and Technology
City of Arlington 20.114 - 20 August 2024
d. EV-Charging Stations and EV-Ready parking spaces. A minimum of 40-ampere dedicated 208/240-
volt branch circuit shall be installed for each EV Ready parking space and each EV Charging
Station. The branch circuits shall terminate at a receptacle outlet or EV charger in close proximity
to the proposed location of the EV Ready parking space or the EV Charging Station.
e. EV-Capable parking spaces. A listed raceway capable of accommodating a minimum of 40-ampere
dedicated 208/240-volt branch circuit shall be installed for each EV-Capable parking space. The
raceway shall terminate into a cabinet, box or other enclosure in close proximity to the proposed
location of the EV-Capable parking space. Raceways and related components that are planned to
be installed underground, and in enclosed, inaccessible or concealed areas and spaces, shall be
installed at the time of original construction.
20.114.430 Electrical Room(s) and Equipment.
a. Electrical room(s) and/or dedicated electrical equipment shall be sized to accommodate the
requirements of §20.114.425.
b. The electrical service and the electrical system, including any on-site distribution transformer(s),
shall have sufficient capacity to simultaneously charge all EVs at all required EV Charging Stations,
EV Ready parking spaces, and EV-Capable parking spaces at a minimum of 40-amperes each.
c. Exception: Automatic Load Management System (ALMS) may be used to adjust the maximum
electrical capacity required for the EV-Ready and EV-Capable parking spaces. The ALMS must be
designed to allocate charging capacity among multiple future EV Charging Stations at a minimum
of 16 amperes per EV charger.
20.114.435 Battery Charging Station or Rapid Charging Station – Retrofitting in Existing Development.
a. 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
Battery Electric Vehicles (BEV) or Plug-In Hybrid Electric Vehicles (PHEV), subject to the
regulations of this chapter, provided that the battery charging and/or rapid charging stations are
accessory to the permitted use(s) on the property.
1. AMC 20.36.010 – Residential Districts
2. AMC 20.36.020 – Commercial Districts
3. AMC 20.36.030 – Manufacturing Districts
4. AMC 20.36.034 – Aviation Flightline District
5. AMC 20.36.036 – Medical Services District
6. AMC 20.36.040 – Public/Semi-Public District
7. AMC 20.36.080 – Mixed-Use Overlay District
b. At least .65 spaces shall be set aside as electric vehicles waiting spaces for each Level 3 (DCFC or
fast charging stations) public electric vehicle charging station provided on site. Waiting spaces for
Level 1 and 2 public electric vehicle charging stations shall not be required.
c. 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).
d. Battery or rapid charging station spaces shall be designated for charging electric vehicles only as
provided under §20.114.455. Non-electric vehicles or non-charging BEV’s or PHEV’s shall not be
allowed. The type of signage designating these spaces shall be approve by the Community and
Economic Development Director or his or her designee.
20.114.440 Electric Vehicle Charging Station Spaces – Allowed as Required Spaces.
a. Electric vehicle charging station spaces shall be allowed to be used in the computation of required
off-street parking spaces as provided under §20.114.445, provided; that the electric vehicle
charging station(s) is accessory to the primary use of the property.
b. If a publicly owned and publicly available Level 3 (DCFC or fast charging stations) 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 §20.114.445.
Title 20 – Land Use Code Chapter 20.114: Alternative Energy Systems and Technology
City of Arlington 20.114 - 21 August 2024
20.114.445 Off-Street Electric Vehicle Charging Station Spaces.
a. The number of electric vehicle charging spaces shall be required per Table 20.114.425T.
b. Location and Design Criteria. The provisions 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. Signage. Signage, as required under §20.114.455 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 enforced.
2. Maintenance. Chargin 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.
3. Accessibility. Where charging equipment is provided within an adjacent pedestrian
circulation area, such as a sidewalk or accessible route to the interfere with accessibility
requirements of WAC 51-50-005.
4. Lighting. Where charging station equipment is installed, adequate site lighting shall exist,
unless charging is for daytime purposes only.
c. Parking for electric vehicles should also consider the following:
1. Notification. Information on the charging station, identifying voltage and amperage levels
and any time of use, fees, or safety information.
2. Signage. Installation of directional signs at the parking lot for entrance and at appropriate
decision points to effectively guide motorists to the charging station space(s).
20.114.450 Accessible Electric Vehicle Charging Stations.
a. Ten percent (10%) of the accessible parking spaces, rounded to the next whole number, shall be EV
Charging Stations. An additional ten percent (10%) of the accessible parking spaces, rounded to
the next whole number, shall be EV Ready. Not fewer than one for each type of EV charging system
shall be accessible.
b. The electric vehicle charging infrastructure may also serve adjacent parking spaces not designated
as accessible parking. A maximum of ten percent (10%) of the accessible parking spaces, rounded
to the next whole number, are allowed to be included in the total number of electric vehicle parking
spaces required under §20.114.425.
1. 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 accessible
electric vehicle charging stations.
c. 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 information. This information
shall be submitted to the Community Development Department.
Title 20 – Land Use Code Chapter 20.114: Alternative Energy Systems and Technology
City of Arlington 20.114 - 22 August 2024
d. Table 20.114.450T
Off-Street Accessible Electric Vehicle Charging Station – Option 2
20.114.455 Electric Vehicle Charging Station Spaces – Signage.
a. Publicly available electric vehicle supply equipment must be indicated by vertical signage
identifying the station as publicly available electric vehicle supply equipment and indicating that it
is only for electric vehicle charging. The signage must be consistent with the manual on uniform
traffic control devices, as adopted by the department of transportation under RCW 47.36.030, and
contain the information required in RCW 19.94.560. Supplementary signage may be posted to
provide additional information including, but not limited to, the amount of the monetary penalty
under subsection (b) of this section for parking in the station while not connected to the charging
equipment.
b. It is a parking infraction, with a monetary penalty of one hundred twenty-four dollars, for any
person to park a vehicle in a parking space served by publicly available electric vehicle supply
equipment if the vehicle is not connected to the charging equipment. The parking infraction must
be processed as prescribed under RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(2).
Title 20 – Land Use Code Chapter 20.114: Alternative Energy Systems and Technology
City of Arlington 20.114 - 23 August 2024
c. For purposes of this section, “publicly available electric vehicles supply equipment” has the same
meaning as provided in RCW 19.94.010 and described in RCW 19.94.550 and 19.94.555.
d. Off-street public electric vehicle charging station spaces shall provide the following signage in
Table 20.114.455T:
Directional – Off-Street Parking
Lot or Parking Garage
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.
Off-Street EV Parking – Parking
Space with Charging Station
Equipment
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 20.114: Alternative Energy Systems and Technology
City of Arlington 20.114 - 24 August 2024
20.114.460 Charging Station Location, Options, and Charging Connector Example Diagrams.
a. Table 20.114.460T
Staff Report & Recommendation
AMC Chapter 20.114 Zoning Code Amendment – PLN#1181
Page 1 of 3
Community and Economic Development Planning Division th
PLANNING COMMISSION STAFF REPORT & RECOMMENDATION
To: Planning Commission
From: Amy Rusko, Planning Manager
Meeting Date: July 22, 2024
Date Prepared: July 16, 2024
Regarding: 2024 AMC Chapter 20.114 Zoning Code Amendment – PLN#1181
A. INTRODUCTION The AMC Chapter 20.114 Zoning Code Amendments is a City-initiated amendment to the Arlington Municipal code that includes updates to the permits and land division approval chapter. Included with this staff report is the proposed redlined code amendment (Exhibit A).
GENERAL INFORMATION
Applicant: City of Arlington
Project Description: 2024 AMC Chapter 20.114 Zoning Code Amendment
Requested Action: City Council Approval
B. DETAILED PROJECT INFORMATION The 2024 AMC Chapter 20.114 Zoning Code Amendment is a new alternative energy systems and technology chapter of the code. The new chapter includes general regulations for all types of energy storage systems, and specific requirements for battery energy storage systems and electric vehicle infrastructure (updated and moved from previous section of 20.44.098). Although the chapter addresses numerous types of energy storage systems, the City of Arlington is currently only permitting battery energy storage systems. The purpose and intent of this chapter is to ensure energy storage systems are installed and maintained to the most current National Fire Protection Association (NFPA), International Fire Codes (IFC), International Building Codes (IBC), International Residential Codes (IRC), International Electrical Codes (IEC), National Electric Code (NEC), Underwriters Laboratories (UL), and American National Standards Institute (ANSI) Standards that are available. The new code chapter provides a regulatory framework for the safe installation and use of energy storage systems. The battery energy storage systems are divided into three tiers of permitting for Residential-Scale (Tier 1), Medium-Scale/Commercial (Tier 2), and Industrial-Scale/Public Utility (Tier 3).
Staff Report & Recommendation
AMC Chapter 20.114 Zoning Code Amendment – PLN#1181
Page 2 of 3
C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE:
Type of Determination Issued Date Distribution and Public Notice
SEPA Determination on Non-Significance (DNS) 6/24/2024 City Public Notice Website Emailed to Review Agencies Posted at City Hall, Arlington Library, Smokey Point Post Office The Herald Published Date – 6/26/2024 Comment Period – 6/26/2024 to 7/10/2024 Public comments received during the public comment period.
Comment Summary City Response No comments received to date. Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT:
Public Notice and
Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations 2/06/2024, 2/22/2024, 7/2/2024, 7/16/2024 Planning Commission Agenda Online Planning Commission Email Distribution List
Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for 60-Day Review – 6/3/2024 Deadline for 60-Day Review – 8/2/2024
Planning Commission Public Hearing 7/16/2024 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 6/26/2024 City Council Public Meeting Presentations
Workshop: 7/22/2024 Meeting: 7/29/2024 City Council Agenda Online City Council Email Distribution List
Staff Report & Recommendation
AMC Chapter 20.114 Zoning Code Amendment – PLN#1181
Page 3 of 3
3. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS
Regulation Meets (a) Amendments to the text of this title may be made in accordance with the provisions of this chapter. amendment has followed the provision of Chapter 20.96 by being processed through the 2024 Docket as a Development Regulation Amendment. Development Regulations. (a) All proposed text amendments to the development or zoning regulations shall be developed, submitted, and presented by the city staff, based on direction from the city council, planning commission, or the director of community and economic development.
process. The City Council approved the 2024 Final Docket through Resolution 2024-008.
Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s development regulations at least sixty days in advance of adoption, as required by RCW 36.70A.106.
Department of Commerce on June 3, 2024 for the standard 60-day review.
Regulation Amendments. (a) An open record public hearing shall be held before the planning commission for all amendments. (c) The city shall give public notice of all public hearings as required by section 20.24.020.
hearing at the July 16, 2024 Planning Commission Meeting. The public noticing is described under Section 2 above.
Development Regulation Amendments. The planning commission shall issue a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision of denial, which decision shall be forwarded to the city council for review and decision.
Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting.
Development Regulation Amendments. The city council’s approval, modification, deferral, or denial of a development regulations amendment proposal shall be based on the following criteria: (1) The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, the Multi-County Planning Policies, County Planning Policies, and the Growth Management Act, RCW Chapter 36.70A; and (2) The proposed change is necessary to further the public interest based on present needs and
provided by staff and considers the goals and objectives of the Comprehensive Plan, County Planning Policies, the Growth Management Act, and RCW Chapter 36.70A, along with the overall public interest prior to considering a decision.
(d) RECOMMENDATION Staff recommends City Council approve the 2024 AMC Chapter 20.114 Zoning Code Amendment, PLN#1181.
City of Arlington Council Agenda Bill Item: WS #8 Attachment HCOUNCIL MEETING DATE: July 22, 2024 June 2024 Financial Report
Narrative General Fund Operating Statement Revenue Charts Other Fund Operating Statements ARPA Funds Status Update Smartsheet Active Project Report
Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION:
ALTERNATIVES:
2024 June Financial Report – Kristin Garcia, Finance Director
Sales Tax:
Total sales through June 2024 are 17% lower than what was collected in 2023. The decline shows
what a significant impact that a large project like Amazon has on overall revenues. As a comparison,
total sales tax revenues under “normal” conditions (without a large project) declined about 8%. Two
takeaways from this data; understanding how large projects can increase and decrease revenue for a
specific period of time and 2024 revenues are generally in a period of decline.
The next 4 charts compare revenues for the major categories of sales tax (representing about 92% of
total revenue). These categories are; retail, construction, services and wholesale. Retail sales had a
slight uptick until 2022 and remains stagnant, construction sales tax is the biggest contribution to the
overall decline in revenue, services have showed a steady increase since the 2020 and wholesale had
a steady uptick until 2022, a slight dip in 2023 and remains stagnant.
-
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
2023 2024
Total Sales Tax with Amazon
17% decline
-
1,000,000
2,000,000
3,000,000
4,000,000
2023 2024
Total Sales Tax Without Amazon
8% decline
-
500,000
1,000,000
1,500,000
2,000,000
Jan -Jun
Retail Sales Tax
2020 2021 2022 2023 2024
-
1,000,000
2,000,000
3,000,000
Jan -Jun
Construction Sales Tax
2020 2021 2022 2023 2024
GENERAL FUND
Overall Revenues/ Expenses:
Overall revenues and expenses, as a percent of budget, are on track. Even though sales tax revenue
is lower than last year, we’re doing okay in terms of budget and overall spending in relation to
revenues coming in.
YTD % OF YTD % OF
2024 2024 ANNUAL 2023 2023 TOTAL
ACTUAL BUDGET BUDGET ACTUAL BUDGET ACTUAL
TOTAL REVENUES
11,373,632
20,977,891 54.22%
10,712,537
19,013,216 56.34%
TOTAL EXPENSES
10,015,848
23,399,174 42.80%
10,025,838
21,454,583 46.73%
Percentage of budget allocated to June 50%
Cemetery Fund – The Cemetery’s fund balance has been on decline since 2021. Activity in this fund
is very hard to predict. Over the past several years, revenues and fund balance have been sufficient
to cover operating expenses, however, fund balance is getting to a point that if revenue doesn’t start
to increase, the general fund may need to supplement. Fund balance as of June 2024 was
approximately $32,000.
-
200,000
400,000
600,000
800,000
Jan -Jun
Services Sales Tax
2020 2021 2022 2023 2024
-
100,000.00
200,000.00
300,000.00
400,000.00
Jan -June
Wholesale Sales Tax
2020 2021 2022 2023 2024
-
100,000
200,000
300,000
2020 2021 2022 2023 2024
Cemetery Fund -Ending Fund Balance
OTHER FUNDS
Water/Sewer Funds – Revenues from providing water and sewer services are on track with budget.
Water revenues are about 47% of budget and sewer revenues are 53% of budget. Fine & Penalty
revenues (late fees) are exceeding budget projections – this isn’t a positive increase in revenue
because it means customers were delinquent paying their bill and were assessed a late fee. I
researched further to determine if the number of accounts being shut off is increasing (to determine
what our risk is of nonpayment and decline in revenue and to determine if more outreach is needed
on utility support services). The number of shut off accounts in 2021 were higher than usual because
of the pandemic. By 2024, the number of shut offs per month has returned to “normal” levels which
is 50 or less per month (less than 1% of the total number of accounts billed per month). After
evaluating the number of accounts that were shut off in 2024 as compared to the fine & penalty
revenue, the data tells me that even though customers were late paying their bill, more customers
are paying their bill than are getting shut off.
Annual Audit:
The entrance conference was held on July 16 th, the packet was sent out to council. The scope of the
audit has changed from initial expectations. The audit was originally planned as a full scope audit
which included financial statements, federal compliance and accountability. Due to the number of
federal compliance audits, SAO is limiting our audit to financial statements and federal compliance
only. The city is considered a low-risk entity because of our clean audit history so our accountability
audit will be cycled to next year and will include both 2023 and 2024.
Update on Utility Payment Survey:
The city received 78 responses from the survey conducted in May (about 1% of the total number of
utility bills each month). The initial reason for the survey was to determine if there was interest in
offering additional payment methods and based on the results of the survey, there is not an interest
in other payment methods. Here is a summary of the results;
• 45% are signed up for paperless billing
0
50
100
150
200
250
Jan Feb March April May June
Monthly Utility Shut Off List
2021 2022 2023 2024
POLICY UPDATES/OTHER INFORMATION
• For those NOT signed up for paperless billing, 83% responded that they prefer a paper bill
• 61% responded that they are not signed up for auto pay
• For those NOT signed up for auto pay, 95% responded that they prefer to have control when
making payments
• 42% prefer making their payments from a checking or savings account
• 45% prefer making payment with a credit or debit card
• 10% cited “other” preferred methods of payment and most stated “bank bill pay” which is the
same or similar as from a checking or savings account.
Council approved the hiring of an operations analyst position as part of the department’s succession
plan. Interviews were held on July 17th and July 18th with an anticipated start date of August 16th.
This position will focus on customer service, cross trained in utility billing, support accounts payable
and perform regular data analysis to identify areas of risk and improve internal controls.
None.
• July 29 special meeting: 2025 Lodging Tax Grant Awards
Council will be on recess in August. The July financial report will be emailed.
These are items that have been approved by council and may be included in budget amendments at
year end, depending on the overall expenses of the applicable fund. This list isn’t intended to be all
inclusive but to capture those items council has approved separately throughout the year.
Council
Approval Date
Item Amount Notes
UPCOMING COUNCIL AGENDA ITEMS
DEPARTMENT UPDATES
COUNCIL APPROVED BUDGET AMENDMENTS
EDUCATIONAL
1/16/2024 Dump Truck $71,045 The wastewater department has had a
dump truck scheduled for replacement
but deferred due to cost and availability
of trucks. Purchased from Snohomish
County. Paid for by wastewater
equipment replacement funds.
4/1/2024 Solar Project – Airport $667,970 In 2023, council approved a $550,000
contract for this work which got delayed.
The project had a change of scope and
resulted in an increase cost. The project
will be funded by a $250,000 WSDOT
grant, the rest will be paid from airport
operating funds.
4/1/2024 AXON body worn cameras $20,927 The hiring of additional police officers
requires adding user licenses. By
entering into a new 5 year agreement
and adding the new licenses will reduce
the overall increase of the contract term.
Paid for by general fund.
4/8/2024 Nutanix Server
Replacement
$120,821 This was scheduled for replacement in
2025 however the current system can’t
accommodate current workloads while
maintaining the failover/disaster
recovery efforts. Paid for from
department contributions into
equipment replacement fund.
7/18/2022 Smartsheeet annual
subscription
$58,000 Council approved the Smartsheet
software in 2022. Smartsheet is used for
city wide contract and project
management. This item was
inadvertently left out of the 2024 budget
modifications for the 2024 renewal. Paid
for by department contributions into the
equipment replacement fund.
5/6/2024 Kubota Backhoe $50,706 Replace 1994 John Deere backhoe that
has reached the end of its useful like.
Paid for by parks equipment replacement
fund.
5/13/2024 Airport Fiber Project $165,400 Providing for additional security and
enhanced internet capability for airport
tenants. Paid for by unused capital
budget in Airport operating fund.
6/03/2024 Commercial Kitchen Grant $563,570 Grant received from the Department of
Commerce for design of a commercial
kitchen. 100% funded, no match
required.
Increase police
department contribution
to equipment
replacement
$100,000 The annual contribution amounts into the
PD equipment replacement fund weren’t
adjusted when the take home care
program was implemented.
7/01/2024 Parking for 3rd and 5th
Streets
$299,273 Original budget in 2022 was $80,000 but
the full scope of work and cost estimate
was unknown at the time. Funded by
fuel tax.
7/01/2024 Auto Theft Grant $66,071 A grant was received from the
Washington Auto Theft Prevention
Authority for the purchase of 2 in car
camera systems and the ongoing annual
subscription will be added to the current
AXON contract.
7/01/2024 Phase II Smokey Point
Community Park
$2,406,984 Phase II to include play structures and
related installation. Funded by mitigation
fees, ARPA and REET.
7/01/2024 Taxiway Alpha Project $1,040,881 The bids came in higher than initially
budgeted for and the original cost
estimate did not include the aircraft
holding bay which was added based on
customer feedback. The project is
funded by the FAA, WSDOT and airport
reserves.
ARPA Program Summary
June 2024
Updated Budget Amount Spent to Date:Completed By:
Laptops for remote work/field use $ 306 306$ Complete
Touchless entry lock systems for City $ 281,318 281,318$ Complete
Cold weather shelter $ 20,000 20,000$ 2022 Contract Complete
Tourism Event Funding $ 89,287 89,287$ Complete
Parklets $ 119,847 119,847$ Complete
Utility Credit program $ 40,036 40,036$ Complete
Smokey Point Park Land $ 964,837 964,837$ Complete
Winter Festival $ 220,000 239,096$ Complete
Food distribution (food bank) $ 65,000 65,000$ Complete
Cyber security upgrades $ 180,000 173,480$ Complete
COVID Position $ 246,000 191,226$ Expenses thru 2024
COVID supplies $ 12,985 8,694$ ongoing thru 2024 as needed
Utility system security improvements $ 237,310 151,978$ Will be complete Spring 2024
Communications $ 80,000 64,909$ Contract thru 12/2024
Arlington Community Resource Center $ 360,000 160,505$ Contract thru 12/2024
NW Innovation Center $ 25,000 22,775$ Contract thru 12/2024
Cold weather shelter $ 20,000 14,272$ Contract thru 12/2024
Smokey Point Park Improvements $ 2,328,999 1,130,692$ In design (re-allocated $1 million from
Food Truck Court)
Design/build food truck court $ 366,625 94,663$ In design
After school program/childcare (Boys & Girls Club) $ 77,000 67,043$ Under contract through 12/2024
TOTAL ARPA BUDGET 5,734,550$ 3,899,967$ 1,834,583$
Completed Projects
Projects under contract and will fully utilize budget
Active Projects - Council Report
Department Prime Contractor / Vendor Project Name Start Date Expiration Date Contract Amount Grant Amount Grant Funded Grant Name Health % Complete
1 Administration Port of Everett Port of Everett MOU 08/31/23 $0.00 No 0%
2 Administration Stilly Valley Chamber of Commerce Business Education Series 03/06/23 12/31/24 $5,000.00 $5,000.00 Yes ARPA 79%
3 Administration Carahsoft, Zencity at Carahsoft Zencity Carahsoft Agreement - Communications 05/01/23 03/31/25 $39,348.00 No 63%
4 Administration Brady Black Art Brady Black Mural 2023 08/07/23 05/30/24 $20,000.00 No 75%
5 Administration Tom Boyce City Tree Planting Review 08/24/23 10/29/23 $90/hr NTE $900 No 0%
6 Administration North County Regional Fire Authority Fire Suppression Services 08/01/21 Exchange for use of
Station 48 No 0%
7 Administration North County Regional Fire Authority Fire Marshal Investigation/Inspection Services 01/01/28 Per Exhibit B of Contract No 0%
8 Administration Snohomish County Emergency Management Services 12/31/21 Annual Service Charge No 0%
9 Administration None One Washington 12/31/37 $563,412.68 No 0%
10 Administration Center for Justice Social Work Center for Justice Social Work, Internship Program 08/01/23 07/31/25 $750,000.00 $750,000.00 Yes Health Care Authority 50%
11 Administration Rainier Asphalt & Concrete Trail Bollard Improvement Project 12/22/23 12/31/23 $51,978.63 No 95%
12 Administration Caroline Sumpter Art Crown Ridge Medians 12/19/23 02/01/24 $7,000.00 No 98%
13 Administration TerraVista NW LLC Jensen Park Restroom site plan 06/20/23 12/30/23 $32,500.00 No 92%
14 Administration Digital Face Media CIC and Meet Me in Arlington marketing 01/03/24 12/31/24 $33,800.00 No 100%
15 Administration Portia Smith Meet me in Arlington Shop Local Project 01/03/24 12/31/24 $24,000.00 $24,000.00 Yes ARPA 50%
16 Administration NWIRC NWIRC 2024 Program 01/13/24 12/31/24 $5,000.00 No 50%
17 Administration Strategies 360 Government Relations 12/31/24 $36,000.00 No 0%
18 Administration Civics Plus AMC Municipal Code Updates 08/01/25 $6,546.67 No 0%
19 Administration GMP Consultants LLC Maintenance Division Assessment 05/15/24 06/30/24 $12,950.00 No 100%
20 Administration Western Governors University Peter Barrett Master's Degree Tuition 11/01/23 11/01/24 $9,910.00 No 48%
21 Administration Mandy Kruger Mandy Kruger Bachelor's Degree Tuition 06/07/23 10/16/23 $3,889.00 No 100%
22 Administration Erica Knapp Art Mural Centennial Greetings 06/21/24 12/31/24 $10,800.00 No 50%
23 Airport Airside Solutions Airfield Lighting Maintenance Project 11/01/23 11/01/26 $8,000.00 No 19%
24 Airport Avalos Cleaning Services LLC Arlington Municipal Airport Janitorial Services 01/01/24 12/31/24 2,379.24 / monthly No 25%
25 Airport Precision Approach Engineering Precision Approach Engineering IFE (2) - Fencing 12/08/23 01/31/24 $3,000.00 No 100%
26 Airport Dowl Engineering Taxiway Alpha Improvements Project 01/09/24 12/31/24 $290,788.00 Yes tbd 97%
27 Airport Dowl Engineering Perimeter Fencing Improvements Project 01/27/24 12/31/24 $62,634.00 Yes tbd 83%
28 Airport Fred C. Strickland & Associates LLC Airport Property Appraisal 03/12/24 08/16/24 $20,000.00 No 100%
29 Airport Reece Construction Airport Snow removal equipment transport 12/07/23 12/31/23 $9,837.00 No 100%
30 Airport Dowl Rwy 16/34 Mill and Overlay Project 04/19/21 12/31/24 $2,917,379.41 $291,261.00 Yes Rwy 16/34 Mill & Overlay 100%
31 Airport Dowl Dowl Engineering Professional Services Agreement 01/31/23 01/31/28 TBD by project No 55%
32 Airport Veregy Energy Savings Contract Services/ Airport Admin Office Building Solar
Project 02/20/24 09/30/24 $667,970.00 $250,000.00 Yes Arlington Airport Administration
Office Building Solar Project 47%
33 Airport C&S Engineers, Inc Taxiway A Improvement Project – Construction Administration IFE 07/05/24 $3,928.50 No 0%
34 Airport Jacobs Engineering Group, Inc Airport Master Plan Update & AGIS Survey - IFE 05/03/24 05/31/24 $6,500.00 No 0%
35 Airport C&S Engineers, Inc Taxiway A Improvement CA IFE 06/28/24 07/05/24 $3,928.50 No 0%
36 Community and Economic
Development GMP Consultants Permit Center Manager Recruitment 12/04/23 12/31/23 $9,500.00 No 76%
37 Community and Economic
Development
Action Cleaning Services (Division of
Parker Corp. Services Inc.)CED Janitorial Services 02/07/22 N/A $548.53/month No 99%
38 Community and Economic
Development
Washington State Department of
Revenue Business Licensing Services Agreement None No 0%
39 Community and Economic
Development Island Crossing Subarea Plan 02/01/24 08/01/25 $238,908.50 No 21%
Page 1 of 4Exported on July 16, 2024 4:41:57 PM PDT
Department Prime Contractor / Vendor Project Name Start Date Expiration Date Contract Amount Grant Amount Grant Funded Grant Name Health % Complete
40 Community and Economic
Development FCS Group Arlington Tax Increment Area / Food Truck Financial Feasibility Analysis 07/10/23 04/26/24 Hourly varies, NTE
$9,999 No 100%
41 Community and Economic
Development Law Offices of Alex Sidles Hearing Examiner Services 12/11/23 12/31/24 $9,999.99 No 0%
42 Community and Economic
Development Materials Testing & Consulting, Inc.Special Inspection Services - SP Community Park 01/22/24 12/31/24 $24,869.00 No 3%
43 Community and Economic
Development Reece Construction SPCC - Reece Construction 01/22/24 07/10/25 $2,299,670.93 No 24%
44 Community and Economic
Development Avalos Cleaning Services, LLC CED Janitorial Services - Current 01/26/24 12/31/24 $663.45 per month No 19%
45 Community and Economic
Development
Washington State Food Truck
Association Food Truck Court - WSFTA 02/01/24 12/31/24 $0.00 No 0%
46 Community and Economic
Development Otak Inc.2024 Comprehensive Plan Update 08/15/23 05/01/24 $390,000.00 No 82%
47 Community and Economic
Development Otak, Inc.Food Truck Court 11/08/22 12/27/23 $100,000.00 $100,000.00 Yes ARPA 100%
48 Community and Economic
Development
Rock Project Management Services,
LLC Smokey Point Community Park 04/17/23 09/20/24 $818,680.00 $1,013,723.00 Yes ARPA Funding 99%
49 Finance SWI Home Pros Finance Customer Service Window Relocation 06/24/24 07/10/24 $5,121.77 No 0%
50 Finance Volunteers of Western WA Arlington
Community Resource Center Capacity Funding - Community Support Svcs.01/04/22 12/31/24 $360,000.00 $360,000.00 Yes American Rescue Plan Act 45%
51 Finance NWIRC WA Data Workshop for Business Development and Recovery 12/31/24 $25,000.00 Yes ARPA 0%
52 Finance Northwest Innovation Resource
Center NWIRC Business Development and Recovery 02/01/22 12/31/24 $25,000.00 $25,000.00 Yes ARPA 70%
53 Finance WebCheck Inc.WebCheck Access Agreement 12/15/22 N/A
$15.00/transaction
Contract amount
averaged by year
No 0%
54 Finance Banner Bank Banking Services 09/01/20 09/01/24 Per fee schedule No 0%
55 Finance Volunteers of America - Arlington
Community Resource Center VOA - Program Assistance 01/01/24 12/31/24 $40,000.00 No 100%
56 Finance Boys and Girls Club of Snohomish
County Childcare services 01/01/24 12/31/24 $77,000.00 $77,000.00 Yes ARPA 100%
57 Finance The Organizational Health Collective Team Development and Succession Planning 02/01/24 06/30/24 $11,500.00 No 100%
58 Finance Volunteers of America - Arlington
Community Resource Center VOA - Cold Weather Shelter 11/01/23 12/31/24 $20,000.00 Yes ARPA 75%
59 Finance Volunteers of America - Arlington
Community Resource Center VOA - Affordable Housing 03/01/24 12/31/24 $50,000.00 No 51%
60 Finance Stillaguamish Senior Center dba Stilly
Valley Center Capacity Funding 04/03/23 12/31/24 $50,000.00 No 61%
61 IT - Information Services Far West Technologies Arlington Airport Gates 10/30/23 12/31/25 $74,613.65 No 52%
62 IT - Information Services FarWest Technologies Arlington Airport - Thor's Hanger Cameras 12/11/23 12/31/23 $7,583.23 No 100%
63 IT - Information Services Park Place Technologies LLC Nutanix Extended Support 06/01/23 06/30/25 $5,755.19 No 100%
64 IT - Information Services Snohomish County Information Technology Services 01/15/26 $50,000.00 No 0%
65 IT - Information Services Comcast Cable Communications Cable Service Franchise Agreement 03/25/31 5% of gross revenues No 0%
66 IT - Information Services Right Systems, Inc Network Switch Upgrade 12/01/24 $93,778.19 $75,000.00 Yes State and Local Cybersecurity
Grant Program 87%
67 IT - Information Services Right Systems Firewall Upgrade 05/18/24 05/31/24 $9,040.00 No 97%
68 IT - Information Services Right Systems Managed Services 03/21/24 03/11/27 $6,339.40/mo No 8%
69 IT - Information Services Far West Technologies Lift Stations Security Pilot Program 06/01/24 $6,154.00 No 0%
70 IT - Information Services Cannon Construction, LLC SR530 Utility Crossing Fiber Pull/Splicing 09/30/24 $149,959.60 No 0%
71 IT - Information Services Right Systems Inc Nutanix Replacement 07/01/24 $120,821.41 No 95%
72 IT - Information Services Copiers Northwest Copier Maintenance 03/31/27 $0.00 No 0%
73 IT - Information Services Timeless Designs, Inc City Hall 2nd Floor IT Offices 04/26/23 07/26/23 $74,974.34 No 100%
74 Maintenance & Operations Great Floors LLC City Hall Flooring Upgrade 11/28/23 05/31/24 $55,743.00 No 91%
75 Maintenance & Operations EHM Architecture, Inc City Hall Exterior Lift Installation & Stairs Reconstruction 10/30/23 12/31/24 $31,975.00 No 71%
76 Maintenance & Operations KCDA (Hermanson)Police Station HVAC Upgrade 01/01/24 06/28/24 $399,130.00 No 36%
77 Maintenance & Operations Great Floors Police Station/Council Chambers Flooring Upgrade 02/07/24 06/01/24 $119,743.62 No 91%
Page 2 of 4Exported on July 16, 2024 4:41:57 PM PDT
Department Prime Contractor / Vendor Project Name Start Date Expiration Date Contract Amount Grant Amount Grant Funded Grant Name Health % Complete
78 Maintenance & Operations SWI Home Pros, LLC City Hall Water Damage Repair 04/09/24 04/30/24 $13,799.13 No 100%
79 Maintenance & Operations Dapper Electric City Hall Exterior Outlets Installation 05/16/24 05/31/24 $4,647.85 No 100%
80 Maintenance & Operations Northwest Security & Sound LLC City of Arlington Monitoring & Security 03/06/23 12/31/25 $4197.12 / yr.No 54%
81 Maintenance & Operations Specialized Pavement Marking LLC 2023 Thermoplastic Program 10/12/23 09/30/23 $89,975.00 No 0%
82 Maintenance & Operations Environmental Abatement Services,
Inc Rudy York House Asbestos Abatement 01/08/24 01/31/24 $13,823.17 No 75%
83 Police Snohomish County Human Services Law Enforcement Embedded Social Worker 01/01/23 12/31/23 $199,468.03 No 100%
84 Police Northwest Incident Support Hope Unlimited Chaplain Support Services 05/03/21 N/A $5,000.00/yr No 100%
85 Police Found Therapy Services PLLC Arlington PD Wellness Services 06/23/23 12/31/24 $7,500.00 No 88%
86 Police Feldman & Lee, P. S.Public Defender Grant Program - COA/Lake Stevens/Feldman & Lee 01/01/22 12/31/25 $16,560.00 Yes Public Defense Social
Services Program 75%
87 Police Snohomish County Jail Services 12/31/23 n/a No 0%
88 Police Arlington School District School Resource Officer 06/20/23 06/30/24 100% of SRO salary and
benefits, excluding OT No 0%
89 Police City of Everett City of Everett In-Service Training 01/01/22 12/31/26 $800.00 No 50%
90 Police The Government
(NACSURFWARCENDIV CRANE)Crane Division Naval Surface Warfare Center - Night Goggles 01/16/24 12/11/24 $1,500.00 No 100%
91 Police LexisNexis LexisNexis Risk Solutions - Accurint 12/31/24 $150/hr No 0%
92 Police Zachor, Stock & Krepps, Inc., P.S.Zachor, Stock & Krepps Inc., P.S.12/31/25
$19,361.43 monthly
(2024) $20,135.88
monthly (2025)
No 0%
93 Police AXON Enterprises AXON Body Worn Camera 04/05/24 07/01/29 $444,474.19 No 19%
94 Police IDI idiCORE 05/01/24 05/01/25 140.00 monthly No 17%
95 Public Works Republic Services WRF Grit & Screenings Disposal 01/01/24 12/31/26 $96,818.04 No 12%
96 Public Works Toole Design Group 74th Ave Trail 08/06/21 12/31/24 $104,282.19 $63,528.00 Yes STP - Non-Motorized 101%
97 Public Works Perteet Smokey Point Corridor 08/06/20 12/31/24 $1,575,650.00 $959,788.00 Yes STP 74%
98 Public Works Generator Services Northwest, LLC Emergency Generator Maintenance Services 11/15/21 11/15/24 $37,604.06 No 131%
99 Public Works Buell Calibration & Controls, LLC Liquid Flow Meter Calibration Services 06/17/21 06/17/25 $17,735.03 No 57%
100 Public Works Buell Calibration & Controls, LLC Air Flow Meter Calibration Service 06/17/21 06/17/25 $23,859.17 No 87%
101 Public Works BHC Consultants WRF Membrane Replacement, Optimization, & Services During
Construction 08/03/21 12/31/23 $82,886.00 No 101%
102 Public Works RH2 520 Zone Booster Pump Station 08/03/21 12/31/24 $267,760.00 No 70%
103 Public Works PumpTech, LLC 640Booster Pump System 02/05/24 12/31/24 $335,629.31 No 14%
104 Public Works BHC Consultants Arlington Water Treatment Plant Expansion Design Ph 2 09/16/21 12/31/25 $833,746.00 No 5%
105 Public Works Brown & Caldwell Inc Haller Wellfield South Improvement Design 10/19/21 12/31/24 $149,700.00 No 42%
106 Public Works Consor North America (formerly
Murraysmith, Inc)Prairie Creek Drainage Improvements Phase 2B 12/07/21 12/31/24 $303,453.00 No 91%
107 Public Works Mott MacDonald, LLC (Pacific
Groundwater Group)Haller Wellfield Improvements 01/04/22 06/30/24 $136,228.00 No 32%
108 Public Works Olson Brothers Pro-Vac LLC Sanitary Sewer Inflow & Infiltration Control 10/18/22 10/18/24 $253,930.00 No 30%
109 Public Works Reece Construction 2022 Utility Improvement and Pavement Preservation 12/09/21 08/01/23 $2,919.092.37 N/A No N/A 100%
110 Public Works SCJ Alliance SR530 and Smokey Point Blvd Intersection Improvement Project 12/17/19 12/31/24 $268,025.00 No 88%
111 Public Works LDC, Inc.Division/Broadway Restoration Project 03/08/23 06/30/24 $69,779.54 $360,555.00 Yes NHS 94%
112 Public Works RH2 67th Ave Sewer 05/17/22 12/31/24 $120,011.00 No 106%
113 Public Works SCJ Alliance 169th St Connecting Segment 04/25/22 12/30/25 $51,129.00 No 22%
114 Public Works Transpo Group Arlington Transportation Master Plan 07/05/22 12/31/23 $154,700.00 No 93%
115 Public Works RH2 Sewer Model Hydraulic Analysis & Coordination 08/04/22 06/30/24 $71,400.00 No 96%
116 Public Works RH2 Water Model Hydraulic Analysis & Coordination 08/04/23 06/30/24 $57,183.00 No 87%
117 Public Works Hokkaido Drilling, Inc Potable Water Production Well installation 10/18/22 12/31/23 $528,465.50 No 48%
Page 3 of 4Exported on July 16, 2024 4:41:57 PM PDT
Department Prime Contractor / Vendor Project Name Start Date Expiration Date Contract Amount Grant Amount Grant Funded Grant Name Health % Complete
118 Public Works Parametrix 2023 Utility Improvement & Pavement Preservation 11/15/22 07/31/23 $190,239.71 No 96%
119 Public Works DN Tanks Gleneagle Reservoir Roof Replacement Project 03/08/23 09/20/23 $454,760.00 No 93%
120 Public Works RH2 2023-2026 On-Call Water & Sewer System Engineering Support 12/29/22 12/29/23 $40,000.00 No 0%
121 Public Works Transpo Group Arlington Traffic Calming Program 01/20/23 12/31/24 $45,000.00 No 23%
122 Public Works Tenelco, Inc.Biosolids Hauling and Beneficial Use 03/27/23 03/28/26 Unit priced No 0%
123 Public Works SCJ Alliance 211th Place Corridor Improvements 05/08/23 12/31/24 $318,778.70 $230,000.00 Yes Fuel Tax Grant 71%
124 Public Works SkyCorp LTD Silo Demo & Lime Removal 02/17/23 03/30/23 $39,894.50 No 100%
125 Public Works KLJ Financial Consulting Public Works Financial Consulting 03/28/23 03/31/25 $65,460.00 No 28%
126 Public Works Reid Middleton 204th St & 74th Ave Intersection Improvements 04/10/23 12/31/23 $12,500.00 No 11%
127 Public Works Terra Vista NW, LLC Arlington Parking Lots 03/03/23 12/31/24 $10,500.00 No 112%
128 Public Works Blueline Group 59th Ave Sidewalk Project 04/05/23 12/31/23 $20,110.00 No 49%
129 Public Works Univar Solutions USA, Inc Sodium Hydroxide Bulk Delivery 02/03/21 12/31/23 $23,760.00 No 65%
130 Public Works Cascade Columbia Distribution Co.Sodium Hypochlorite Drum Delivery 02/05/21 12/31/23 $5,924.16 No 70%
131 Public Works Univar Solutions USA, Inc Sodium Hypochlorite Bulk Delivery 07/13/23 12/31/25 $10,220.00 No 34%
132 Public Works Reece Construction Company Legion Hall Water Main Replacement 11/27/23 10/31/23 $28,285.75 No 100%
133 Public Works Process Solutions System Platform Upgrade 11/07/23 12/31/24 $210,000.00 No 96%
134 Public Works Commonstreet Consulting, LLC 2023 ROW Services (188th Roundabout - Jammeh, 211th Corridor)06/30/24 $22,996.00 No 12%
135 Public Works Commonstreet Consulting, LLC 2023 ROW Services (188th Roundabout - Longhorn Saloon)06/30/24 $29,610.00 No 0%
136 Public Works Always Active Services, LLC 174th Pl NE Stormwater Improvement 08/29/23 10/31/23 $16,121.75 No 86%
137 Public Works Confluence Law, PLLC Hammer Water Rights Legal Services 09/20/23 $5,000.00 No 100%
138 Public Works Washington Electrical COntracting Anoxic Basin Wiring Upgrade 12/10/23 01/31/24 $9,686.97 No 100%
139 Public Works Resound Energy Public Works Utility Lights & Security Upgrade 12/12/23 03/31/24 $107,255.29 No 95%
140 Public Works HWA Geosciences, Inc Haller South Geotechnical Investigation 11/27/23 03/31/24 $18,669.00 No 100%
141 Public Works Process Solutions Engineering Support for SCADA Services & Systems Integration 12/19/23 12/31/26 $300,000.00 No 19%
142 Public Works Blue Marble Environmental, LLC 2023-2025 Solid Waste Recycling Coordination 07/01/23 06/30/25 $21,107.53 $15,830.65 Yes
SOLID WASTE
MANAGEMENT LOCAL
SOLID WASTE FINANCIAL
ASSISTANCE
5%
143 Public Works DK Systems Inc 108 W Haller Ave MBR Support Building HVAC 03/31/24 $27,552.34 No 100%
144 Public Works Mott MacDonald, LLC (Pacific
Groundwater Group)Arlington Hammer Water Rights Support 01/22/24 12/31/24 $8,699.00 No 0%
145 Public Works Washington Electrical Contracting On-Call Electrical Services 03/19/24 03/11/27 $300,000.00 No 10%
146 Public Works H & L Tree and Landscape Services Gleneagle Reservoir Landscape Restoration 07/10/24 $18,826.93 No 0%
147 Public Works Diverse Earthworks Inc Arlington Parking Lots 3rd & 5th Streets 08/30/24 $299,273.72 No 0%
148 Broadway Haller Water Main
149 Laminar Law - Hearing Examiner Services
150 Washington State Department of Corrections
151 2024 - 2026 Embedded Social Worker
Page 4 of 4Exported on July 16, 2024 4:41:57 PM PDT
June 2024
Local Government Meetings Date Date Date Date Date Date Date Date
Regional Government Meetings Date Date Date Date Date Date
Economic Alliance Snohomish County
National Government Meetings Date Date Date Date Date Date
address issues with Congress,
Executive, and Federal departments
Business Meetings Date Date Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date
Community & Volunteer
Meetings/Events Date Date Date Date Date Date
Community Mural unvveiling 6/18/24
Ribbon Cutting 6/7/24 6/13/24
Monthly Elected Official Strategic Report Due on 5th of month
Name: Heather Logan Date: 7/2/24
Other: Employee Wellness Barbecue, 6/27/24
June 2024
Local Government Meetings Date Date Date Date Date Date Date Date
Special Events 6/2/24 Pride Affordable 6/13/24 Port of 6/18/24 6/18/24 Art
special meetings Transportation
WSDOT Date Date Date Date Date Date Date Date
Association of Washington Cities
Community Transit 6/6/24 Board Executive Finance 6/11/24 Bus
Economic Alliance Snohomish
Puget Sound Regional Council 6/13/24 TPB
Meetings with Snohomish County
personnel and/or elected officials Meeting
address issues with Legislature,
Governor, State departments and
City Commissions
National Government
Meetings Date Date Date Date Date Date Date Date
National League of Cities
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and Federal
departments and agencies
Business Meetings Date Date Date Date Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date Date Date
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
Stronger Together
Rotary
National Night Out
Chamber Meeting
Audit Conferences
Monthly Elected Official Strategic Report Due on 5th of month
Jan Schuette
JUNE 2024
Local Government Meetings Date Date Date Date Date Date Date Date
Council Workshops 6/10/24 6/24/24
Council Meetings 6/3/24 6/17/24
Joint Meetings with City Staff/
Boards/Commissions 6/24/24
Auditor Call 6/13/24
Liaison Meeting
Admin Meeting 6/11/24
Date Date Date Date Date Date Date Date
AWC Legislative Priorities 6/19/24
State Council on Aging 6/3/24 6/10/24 6/25/24
North County Fire station tour 6/17/24
SnoCO COA 6/26/24
Meetings with Snohomish
County personnel and/or
Governor, State departments
National Government
Meetings Date Date Date Date Date Date Date Date
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and
Federal departments and
Business Meetings Date Date Date Date Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date Date Date
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
APD Celebration Achievement 6/3/24
Stilly Center Event Volunteering 6/12/24
Monthly Elected Official Strategic Report Due on 5th of month
Michele Blythe