HomeMy WebLinkAboutOrdinances - 2011-02 - Amending Chapters 17.08 Definitions & 17.72 General Regs to include provisions for Electric Vehicles - 2/22/2011CITY OF EAST WENATCHEE,WASHINGTON
ORDINANCE NO.2011-02
AN ORDINANCE OF THE CITY OF EAST WENATCHEE,
WASHINGTON,AMENDING THE EAST WENATCHEE
MUNICIPAL CODE CHAPTERS 17.08 DEFINITIONS AND
17.72 GENERAL REGULATIONS TO INCLUDE PROVISIONS
RELATING TO ELECTRIC VEHICLE INFRASTRUCTURE,
CONTAINING A SEVERABILITY CLAUSE,AND
ESTABLISHING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
Section 1:Purpose.
(1)During the 2009 session,the Washington State Legislature passed Second
Substitute House Bill 1481 (SSHB 1481)relating to electric vehicles.The Bill
addressed electric vehicle infrastructure including the structures,machinery,and
equipment necessary and integral to support an electric vehicle,such as battery
charging stations,rapid charging stations,and battery exchange stations.
(2)The purpose of this ordinance is to comply with section 10 ofthe Bill requiring
code cities to amend development regulations to define electric vehicle
infrastructure and to provide standards to permit them as a use in all areas.
(3)The City Council finds that it is in the best interests ofthe City and its citizens to
amend chapters 17.08 and 17.72 ofthe East Wenatchee Municipal Code
("EWMC")to facilitate adequate and convenient electric vehicle infrastructure to
serve the needs ofthe traveling public.
Section 2:Authority.
(1)The City of East Wenatchee ("City")is a non-charter code city duly incorporated
and operating under the laws of the State of Washington.
(2)RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt
ordinances of all kinds to regulate its municipal affairs and appropriate to the
good governance ofthe City.
(3)RCW 35A.63 and RCW 36.70A authorize the City Council to adopt and amend
development regulations.
Section 3:Amendment.The City Council adds the following new sections to chapter 17.08
EWMC:
17.08.093 Battery charging station.
"Battery charging station"means an electrical component assembly or cluster or
component assemblies designed specifically to charge batteries within electric
vehicles,which meet or exceed any standards,codes,and regulations set forth by
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Electric Vehicle Infrastructure
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chapter 19.28 RCW,as amended,and consistent with rules adopted under RCW
19.27.540,as amended.
17.08.094 Battery exchange station.
"Battery exchange station"means a fully automated facility that will enable an
electric vehicle with a swappable battery to enter a drive lane and exchange the
depleted battery with a fully charged battery through a fully automated process,
which meets or exceeds any standards,codes,and regulations set forth by chapter
19.28 RCW,as amended,and consistent with rules adopted under RCW
19.27.540,as amended.
17.08.152 Charging levels.
"Charging levels"means the electrical force,or voltage,at which an electric
vehicle's battery is recharged.Levels 1,2,and 3 are the most cornmon electric
vehicle charging levels,and include the following specifications:
A.Levell is considered slow charging requiring a 15 or 20 amp breaker on a
120-volt AC circuit and standard outlet.
B.Level 2 is considered medium charging requiring a 40 amp to 100 amp
breaker on a 208 or 240-volt AC circuit.
C.Level 3 is considered rapid charging requiring a 60 amp or higher dedicated
breaker on a 480-volt or higher three-phase circuit with special grounding
equipment.Level 3 charging uses an off-board charger to provide the AC to
DC conversion,delivering DC directly to the car battery.
17.08.252 Electric vehicle.
"Electric vehicle"means any vehicle that operates,either partially or exclusively,
on electrical energy from the grid,or an off-board source,that is stored on-board
for motive purpose."Electric vehicle"includes:
A.Battery electric vehicle (BEV)-any vehicle that operates exclusively on
electrical energy from an off-board source that is stored in the vehicle's
batteries,and produces zero tailpipe emissions or pollution when stationary or
operating;
B.Plug-in hybrid electric vehicle (PHEV)-an electric vehicle that (1)contains
an intemal combustion engine and also allows power to be delivered to drive
wheels by an electric motor;(2)charges its battery primarily by connecting to
the grid or other off-board electrical source;(3)may additionally be able to
sustain battery charge using an on-board internal-combust ion-driven
generator;and (4)has the ability to travel powered by electricity;
C.Neighborhood electric vehicle - a self-propelled,electrically powered four-
wheeled motor vehicle whose speed attainable in one mile is more than 20
miles per hour and not more than 25 miles per hour and conforms to federal
regulations under Title 49 Part 571.500;and
D.Medium-speed electric vehicle - a self-propelled,electrically powered four-
wheeled motor vehicle,equipped with a roll cage or crush-proofbody design,
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Electric Vehicle Infrastructure
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is more than 25 miles per hour but not
otherwise meets or exceeds the federal
Sec.571.500.
Section 4:
E.Provisions may also be made for facilities to support "Electric scooters
n1"t",·",r"l,,,,,c,n -any 2-or 3-wheel vehicle that operates exclusively on
electncal en1erg:v from an source that is the s
nn)dl.lC{~S zero emissions or pollution when stationary or
17.08.253 Electric vehicle charging station.
"Electric vehicle charging station"means a public or private parking space
located together with a battery charging station which permits the transfer of
electric energy (by conductive or inductive means)to a battery or other storage
device in an electric vehicle.
17.08.254 Electric vehicle infrastructure.
"Electric vehicle infrastructure"means structures,machinery,and equipment
necessary and integral to support an electric vehicle,including battery charging
stations,rapid charging stations,and battery exchange stations.
Amendment.The City Council adds the following new section to chapter 17.72
EWMC:
17.72.255 Electric Vehicle Infrastructure.
A.Purpose.The purpose oftms section is to facilitate adequate and convenient
electric vehicle infrastructure to serve the needs of the traveling public,to
provide opportunities for East Wenatchee residents to have safe and efficient
access to electric charging stations located at their place ofresidence,and to
provide the opportunity for mixed-use,commercial,and industrial
developments to supply electrical vehicle infrastructure services to their
tenants,customers,and employees.
B.Applicable zoning districts.
1.Level 1 and Level 2 charging stations shall be permitted uses in all mixed
use,commercial,and industrial districts;and accessory uses in all
residential districts.
2.Level 3 charging stations shall be permitted uses in all mixed use,
commercial,and industrial districts;and accessory uses in all residential
districts.
3.Battery exchange stations shall be permitted uses in all mixed use,
commercial,and industrial districts.
C.Review process.
1.Charging stations:In general,charging stations do not require permits
from the City unless their installation involves new construction,additions
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Electric Vehicle Infrastructure
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and/or structural alterations to existing buildings,or if their installation is
governed by other requirements of City code.Electrical installations are
under the administration of the Washington State Department of Labor
and Industries and no aspect of the electrical infrastructure is administered
by the City.
2.Battery exchange stations:Installation of a battery exchange station shall
be processed in accordance with chapter 19 EWMC as an administrative
review.Applications shall be reviewed concurrently with other required
permit applications.
D.Design Criteria.
1.Design Criteria for electric vehicle charging stations or battery exchange
stations within commercia~industrial,and mixed-use zoning districts:
a.Electric vehicle charging stations shall be reserved for parking only
while "charging"electric vehicles."Charging"means an electric
vehicle is parked at the charging station and is connected to the
charging station equipment.Spaces for electric vehicle charging shall
be included in the overall parking required for the site in accordance
with EWMC 17.72.010,as amended.
b.Each charging station space should be posted with signage indicating
the space is only for electric vehicle charging purposes.Signage
should include identifying voltage and amperage levels,time of use,
fees or safety information.(See examples below oftypical signage.)
EXCEPT FOR
ELECTRIC
VEHICLE
CHARGING
ELECTRIC
VEHICLE
CHARGING
STATION
12"x 12"
Add text indicating type of charging (Level 1,2,or 3 with maximum
voltage or amperage),hours of operation,fees and basic instructions.
c.Installation ofwayfmding signs should be conveniently located to
effectively guide motorists to the charging station space(s)If such
signs are not visible from the public street,they are exempt from the
sign standards and permit requirements.Ifvisible from the public
street,the sign must comply with chapter 17.74 EWMC,as amended.
(See example below of typical signage.)
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Section 5:
d.Where charging station equipment is provided adjacent to a pedestrian
circulation area,such as a sidewalk or accessible route to the building
entrance,charging equipment should be located so as to not interfere
with accessibility requirements of WAC 51-50-005,as amended.
e.Design should be appropriate to the location and use.Facilities should
be able to be readily identified by electric cars users but blended into
the surrounding landscape/architecture for compatibility with the
character and use ofthe site.
2.Electric vehicle battery exchange stations shall comply with the following
additional standards:
a.All batteries shall be stored in an enclosed building.No outdoor
storage is permitted.
b.All batteries that are beyond their useful life shall be recycled or
disposed of in accordance with requirements established by the state
Depmiment of Ecology,state Department of Transportation,and the
Environmental Protection Agency.
c.Off-street parking.Provide off-street parking at a ratio of 1 space per
on-site employee plus off-street stacking for 4 vehicles.If the facility
is fully automated with no on-site attendee,1 space shall be provided
for periodic maintenance vehicles in addition to the off-street stacking
requirement.Parking shall conform to the requirements in EWMC
17.72.010,as amended;
d.Design Standards and Guidelines.The building design shall comply
with the Greater East Wenatchee Urban Growth Area Design
Standards and Guidelines,as amended;
e.Landscaping.Landscaping shall comply with the standards in chapter
17.72 EWMC,as amended.
Findings of Fact.The City Council adopts the following the findings of fact and
conclusions.
0)Findings of Fact
1.The City adopted a comprehensive plan in accordance with the Growth
Management Act (GMA),RCW Chapter 36.70A,which is a generalized,
coordinated land use policy statement of the City.The Greater East
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Electric Vehicle Infrastructure
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Wenatchee Area Comprehensive Plan (April/May 2010)includes policies
that recognize energy facilities needs and encourage siting of facilities to
increase the effectiveness ofthat resource.Other policies stress that new
land uses should be compatible with and compliment adjacent land uses
through the use oflandscaping and signage.
2.Chapters 3SA.63 and 36.70A RCW authorize the City to adopt
development regulations governing land use activities.
3.The City hereby fmds that this development regulation amendment is
consistent with the spirit and intent of the GMA.
4.An Environmental Checklist was prepared on November 1,2010.A
threshold determination and environmental review pursuant to RCW
43.21C the State Environmental Policy Act was completed and a
Determination of Non-significance (DNS)was issued on November 10,
2010.Copies ofthe proposed amendments,the environmental checklist,
and DNS were sent to commenting agencies requesting their review and
comment on the proposed project.No comments were received indicating
that the proposal would have a probable significant adverse impact on the
environment.
5.The East Wenatchee Planning Commission is responsible for long range
planning matters and providing implementation recommendations to
assure compliance with the GMA.These measures include updates and
amendments to the comprehensive plan;development regulations,
environmental regulations,and any other rules,actions or regulations
deemed necessary to implement the GMA.
6.The Washington State Legislature passed Second Substitute House Bill
1481 (2SHB 1481),which requires the city of East Wenatchee to adopt
development regulations relating to electric vehicles by July 1,2011.
7.On behalf of the city of East Wenatchee,Douglas County requested
expedited review,in accordance with the provisions ofRCW
36.70A.406(3)(b),and issued a comment period for the general public,
local agencies,and state agency review in accordance with the provisions
ofRCW 36.70A.406(3)(b).The comment period commenced on
November 11,2010 and concluded on December 2,2010.
8.The East Wenatchee Planning Commission conducted public workshop on
January 4,2011 to review background information and a draft ofthe
proposed text amendments.
9.A Notice of Public hearing before the East Wenatchee Planning
Commission was published on January 21,2011.
10.Expedited review was granted by the Department of Commerce on
December 2,2010.
11.The East Wenatchee Planning Commission conducted an
advertised public hearing on February 1,2011.The Planning Commission
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Section 6:
Section 7:
Section 8:
entered into the record the files on this amendment,accepted public
testimony,and deliberated the merits of the proposal.
12.The East Wenatchee Planning Commission has reviewed the entire
record including the goals and policies of the comprehensive plan and
public testimony as it relates to the proposed development regulations.
(2)Conclusions
1.The processing of the proposal complies with the procedural and
substantive requirements of the State Environmental Policy Act,chapter
43.21C RCW.
2.The processing of the proposal complies with the procedural requirements
ofRCW 36.70A.
3.The proposed text amendments are consistent with and implement the
goals and policies in the comprehensive plan.
4.Proper legal requirements of Title 19 EWMC were met and the
community was given the opportunity to comment on the proposal at a
duly noticed public workshop and a public hearing.
5.Approval ofthe proposal will not be detrimental to the public health,
safety,and general welfare.
6.The proposed amendments are consistent with Second Substitute House
Bill 1481 signed into law by Governor Gregoire in 2009 and the Electric
Vehicle Infrastructure Guidance Document drafted by the Washington
State Department of Commerce and the Puget Sound Regional Council.
.Severability.If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law,such declaration shall not affect the validity 0f the
other provisions of this Ordinance.
Publication.The City Council directs the City Clerk to publish a summary of this
Ordinance.The summary shall consist of the title ofthis Ordinance
Effective Date.This Ordinance becomes effective five days after the date its
summary is published.
Ordinance 2011-02
Electric Vehicle Infrastructure
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,;oR
.r::{.."",,;.,,I Passed by the City Council of East Wenatchee,at a regular meeting thereof on Mday of
f(..LX~2011.
CITY OF EAST WENATCHEE,
WASHINGT
By -+--+--:::~~A--:::::~t----f------;;I"'£"'--
Stev
ATTEST:
Dana Barnard,City Clerk
FILED WITH THE CITY CLERK:211612011
PASSED BY THE CITY COUNCIL:#;M-Ill
PUBLISHED::I/~
EFFECTIVE DATE:-cvJb
Ordinance 2011-02
Electric Vehicle Infrastructure
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SUMMARY OF ORDINANCE NO.2011-02
Of the City of East Wenatchee,Washington
On the Ja wd day of khrtW&{,2011,the City Council of the City of East
Wenatchee,Washington,passed Ordinance No.2011-02.A summary of the content of said
Ordinance,consisting of the title,provides as follows:
AN ORDINANCE OF THE CITY OF EAST WENATCHEE,
WASHINGTON,AMENDING THE EAST WENATCHEE
MUNICIPAL CODE CHAPTERS 17.08 DEFINITIONS AND
17.72 GENERAL REGULATIONS TO INCLUDE PROVISIONS
RELATING TO ELECTRIC VEHICLE INFRASTRUCTURE,
CONTAINING A SEVERABILITY CLAUSE,AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
Dated:febrUA/yt J.:l-,2011
CITY CLERK,DANA BARNARD
Ordinance 2011-02
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