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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 11/15/2004 Planning 8z Economic Development KENT Committee Agenda W A g H 1 N G T O N Councilmembers: Ron Harmon•Bruce White•Tim Clark, Chair November 15, 2004 4:00 p.m. Item Description Action S eaker Time Page 1. Approval of Minutes dated October 18, 2004 YES 1 2. Critical Areas Ordinance#ZCA-20044 YES Kim Marousek 15 min 5 3. Streamlined Sales Tax Resolution YES Fred Satterstrom 15 min 133 4. Neighborhood Planning/Activity Centers NO Charlene Anderson 15 min 143 Unless otherwise noted,the Planning and Economic Development Committee meets the 3"d Monday of each month at 4:00 p.m.in Council Chambers East,Kent City Hall,220 4th Avenue South,Kent, 98032-5895. For information please contact Pamela Mottram in Planning Services at(253)856-5454. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at1-800-833-6388. PLANNING&ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 18,2004 COMMITTEE MEMBERS: Chair Tim Clark, Ron Harmon,Bruce White The meeting was called to order by Chair Clark at 4:00 P.M. Approval of Minutes Committee Member White Moved and Committee Member Harmon Seconded a motion to approve the minutes of the October 4, 2004 meeting. Motion Carried 3-0. #CPZ-2004-1 Supporting Regulations to 2004 Comprehensive Plan Planner Gloria Gould-Wessen stated that the Land Use and Planning Board held a hearing on September 27, 2004 and unanimously recommended approval of proposed supporting regulations to the updated Comprehensive Plan which comprised several area-wide rezones and three(3)regulatory text changes. Ms. Wessen described six (6) study areas for proposed area-wide rezones that establish consistency between the 2004 Comprehensive Plan Land Use Map and the Zoning District Map. Ms. Wessen described three (3) regulatory text changes: 1) Establish a notification process for properties located within 500 feet of Agricultural Resource Lands; 2) Establish a docketing system required by the Growth Management Act to facilitate the amendment process for the Comprehensive Plan and regulations; 3) A proposal to change the nomenclature in the Zoning District Map from Garden Density Multifamily (MR- G) to Low Density Multifamily(MR-G) to be consistent with the zoning code. Member Harmon asked staff why we don't have a land use designation of SF4.5 to support the proposed zoning of SR-4.5 in Study Area 3 when 4.5 du/acre is the most appropriate density based on environmental constraints.. Member Clark recalled that SR-4.5 zone was established during the Meridian Annexation and asked staff to clarify. • In response to Chair Clark, Community Development Director Fred Satterstrom stated that when the Meridian area was annexed in 1996 it was designated with a King County zoning of RS-9600 equivalent to Kent's SR-4.5 zoning district, and the result was that much of that area came into the City as SR4.5. He stated that the City's nearest land use designation allowing a 4.5 du/acre density at the time of annexation was SF-6. A good portion of the Lake Meridian area was designated as SR-6 or RS-7200 under King County. He stated properties are not capped at SR-4.5, and that people can seek rezones to SF-6 and remain consistent with Kent's Comprehensive Plan. Mr. Satterstrom acknowledged Chair Clark's concerns regarding appropriate zoning densities for lands with environmentally constrained areas. He stated that the Growth Management Hearings Board requires an urban density of 4 du/acre. There is more flexibility to achieve density on environmentally constrained land with the higher density zoning. For small areas with steep slopes the City can rely on the critical areas ordinance to control impacts. If the natural carrying capacity of land can accommodate 4.5 du/acre there is probably nothing intrinsically different to handle 6 du/acre. Member Harmon asked staff to explore adding an extra tool in the Comprehensive Plan to apply SF-4.5 if that's the vision. Mr. Satterstrom stated that staff at some point would like to eliminate the necessity for property owners to come forward with a rezone from SF-4.5 to SR-6 when the land use designation is already SF-6. Rather than a site by site rezone process, he believes an area should be looked at legislatively. The City could do the analysis and decide the appropriate land use designation, eliminate a clumsy process, and establish some predictability in its zoning by applying zoning equivalent to the Comprehensive Plan designation. Planning Manager Charlene Anderson stated that staff is not presenting a comprehensive plan change,but is presenting the area-wide zoning changes to be consistent with the Comprehensive Plan.comprehensive plan that was recently updated. Member Harmon stated that he would like staff to consider a land use designation . of SF-4.5. Chair Clark stated that the area under discussion is currently designated with SR-1 and SR-3 zoning which he believes is logical based on the complex issues associated with the lands. Ms. Anderson reiterated that the Comprehensive Plan Designation is already 6 units per acre and at the time a project application is submitted to the City for consideration, staff will review the proposal to determine how development will affect Itbe land. The applicant then would be required to comply with sensitive area regulations for slope or wetlai d,roadway issues and detention areas. Ms. Anderson responded to (Chair Clark that this proposal is an area-wide zoning change as part of the comprehensive plan, and engompasses commercial, multifamily and some publicly owned space per the recent comprehensive plan update. Ms. Wessen clarified the zoning proposals with respect to Study Area 1 and Study Area 5 in response to questions from Member Harmon. Member Harmon MOVED to lapprove #CPZ�2004-1 Supporting Regulations to 2004 Comprehensive Plan as recommended by the Land (Use and Planning Board and move this on to Council. Member White SECONDED. Motion CARRJED 3-0. Urban Density Study Ms. Wessen stated that in June 2004 Council passed a resolution directing Planning staff to study Urban Densities related to the Compiehensive Plan. She stated that a land use policy states that staff would look at urban density based on the Cdntral Puget Sound Growth Management Hearings Board rulings for the Puget Sound Region per their definition of Urban Density at 4 units per acre. Ms. Wessen defined the areas j ffected as part of the urban density study. She stated that staff has scheduled three community outreach workshops at three elementary schools on East Hill to inform the public of these rulings. Ms. Wessen invited the committee members to attend the scheduled workshops. Assistant City Attorney Kim Adams Pratt updated the Committee on court cases since Council's passage of the resolution directing staff to look at urban densities. She stated that the City has been sued by 1000 Friends on an appeal to the Gj-owth Management Hearings Board and we are involved in that process now under the Growth Board's jurisdiction. Ms. Pratt stated that a recent ease decided at the end of September against the City of Bonney Lake had issues similar to those our Council will be looking at. Bonney Lake completed its comp plan update, lowering some densities of 2 t 4 units per acre. The Growth Management Hearings Board (GMHB) found that these densities were too low for an urban area. The GMHB found Bonney Lake's comprehensive plan update invalid and directed Bonney Lake to complete a study, change the densities, and return to the GMHB for review of Bonney Lake's corrective actions. Ms. Pratt stated that once a city is involved in an appeal process with the GMHB, the City is under its scrutiny and must comply with its timeframes and directives. Bruce White questioned if the!Urban Density study is being pursued as a result of the current case under appeal with Kent and the GMHB. Ms. Pratt stated that she believes that the urban density study will allow the City to receive an extension from the GMHB, thereby deferring a decision in this case until after Council has had opportunity to reviev� urban densities. Ms. Pratt stated that 1000 Friends and Kent Legal staff believe that the GMHB will 4rant an extension to the current case schedule so that Kent will have the opportunity to carry out its urban density study before a hearing on the merits of the case. In response to Member Harmoip Ms. Wessen stated that after completing their research, 1000 Friends sent a letter to all cities in the King County area referencing that community's zoning and or land use designations in preparation for their own pas�age of the comprehensive plan. City Attorney Tom Brubaker Clarified Kim Adams Pratt statement by saying that based on the GMHB decisions the City can comp areas at less than 4 units per acre if they can demonstrate that parcels contain large, complex sensitive areas *nd the City's existing Critical Areas Regulations do not adequately address concerns associated with impacts to those sensitive areas. #ZCA-2004-1 Manufactured gousina Planning Manager Charlene Anderson stated that this issue was brought forward to the Committee last July as the result of a Senate Bill signed by Governor Locke allowing designated manufactured housing in all residential zoning districts and prohibiting discrimination in consumer housing choices. Ms. Anderson stated that this issue was heard before the Land Use and Planning Board who recommended a change to Kent's Zoning Code to allow designated manufactured homes in residential areas. She stated that this issue was brought to the!Committee in July and the Committee asked staff to bring it back for Planning&Economic Committee Meetling October 18,2004 Page 2 of 3 I consideration in October. Ms. Anderson stated that current statewide legislation does not go into effect until July 1, 2005. Ms. Anderson stated that in the meantime it has been rumored that the State Legislature might reconsider their previous legislative decision. She stated that staff proposes that the Committee consider two options: 1) Approve the Land Use and Planning Board's recommendations; then, if the State Legislature withdraws this law, the City could repeal that ordinance or 2) defer a decision until after this year's 2005 legislative session to determine if anything changes with that law. Ms. Anderson stated that, theoretically, staff would have time before mid July 2005 to move forward with an amendment to the Kent City Code. Tom Sharp,PO Box 918,Maple Valley,WA 98038 stated that he spoke before the Committee in July. He stated that Kent regulations require $4000 for a building permit and would like to see that the rules and regulations that pertain to a stick built home are applied to factory housing citing for example zoning regulations,mitigation fees, structural analysis and storm drainage. Harmon asked if staff determined whether foundation standards differ for stick-built homes versus manufactured homes. Ms. Anderson stated that State Legislation refers to the manufacturer's specifications and allows the city to add exterior siding materials commonly used on conventional site built Uniform Building Code single family residences. She cited the portion of the Senate Bill which states that this Federal regulation is equivalent to the State's Uniform Building Code, which indicates that the federal regulation does comply with the Uniform Building Code. Ms. Anderson stated that any siting would have to comply with setback standards and other codes and ordinances set for any single family residences, except the structure itself. Ms. Anderson addressed further concerns of Member Harmon by stating that staff has incorporated all of the caveats that are allowed in the State Code. After deliberations by the Committee, Member Harmon MOVED to send this issue back to Committee in May 2005. Member White SECONDED. Motion CARRIED 3 to 0. Countywide Planning Polices-Amendment to Table LU-1,Household&Employment Targets Ms. Anderson stated that the King County Council will be reviewing changes to previously established household and employment targets which affect the city of Kent's potential annexation area. She stated that the housing target would decrease from 619 to 546 because of a King County error in allocating previous targets. Ms. Anderson stated that the increase in the employment target within the potential annexation area from 44 to 287 meshes with the capacity that is actually in our potential annexation area. Ms. Anderson stated that this is a countywide planning policy amendment that already passed the Growth Management Planning Committee and once approved by King County Council (potentially in December), it would be sent to all cities. She stated that if this amendment is ratified, it is incorporated into the Countywide Planning Policies. Ms. Anderson stated that this amendment will return to the Committee possibly in December or January once it becomes official. Adiournment Chair Clark adjourned the meeting at 5:05 pm Pamela Mottram, Admin Secretary,Planning Services S:IPermitlPlanlPlanning Committee120041Minutes1101804pc-min_edited.doc i Planning&Economic Committee Meeting October 18,2004 Page 3 of 3 COMMUNITY DEVELOPMENT Fred N. Satterstrom,AICP, Director PLANNING SERVICES KENT Charlene Anderson,AICP,Manager WASHINGTON Phone:253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 November 9, 2004 TO: CHAIR TIM CLARK AND PLANNING& ECONOMIC DEVELOPMENT COMMITTEE MEMBERS FROM: FRED N. SATTERSTROM, AICP, C.D. DIRECTOR SUBJECT: ZONING CODE AMENDMENT #ZCA-2002-4 PROPOSED CRITICAL AREAS ORDINANCE MOTION: I move to approve/deny/modify the proposed Critical Areas Ordinance (ZCA- 2002-4) as recommended by the Land Use & Planning Board and forward the ordinance to the City Council for adoption. (Should the Committee wish to amend the proposed ordinance, then a public hearing should be scheduled prior to final Committee action.) SUMMARY: At the City Council's November 2, 2004 regular meeting, the proposed Critical Areas Ordinance (CAO) was remanded back to the Planning & Economic Development Committee for further review. The CAO has previously been recommended to the City Council by the P&ED Committee on Octoberl8, 2004. According to state law, the adoption deadline for the CAO is December 1, 2004. BUDGET IMPACT: None BACKGROUND: While remanding the ordinance to the P&ED Committee, the Council indicated that the issue of greatest concern was that of wetlands and wetland buffers. As drafted, the ordinance proposed an increase in buffer widths of 25-feet for all three classes of wetlands. This increase was based upon "best available science." However, there was concern that standards such as this were not flexible enough to respond to the individual or unique circumstances which may be present in the everyday administration of the regulations. Therefore, the Council sent the ordinance back to the P&ED Committee to focus on the wetland buffer issue and identify options, if any. FNS/pm S:IPermilLPlanIZONECODEAMEND120021CA012023123-CAOmemnPC(I-15-04.dm Planning&Economic Development Committee Meeting 11/15/04 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, repealing chapter 11.05 of the Kent City Code, entitled "Wetlands Management;" creating a new chapter 11.06, entitled "Critical Areas;" amending chapter 14.09 of the Kent City Code, regarding flood hazard regulations; amending section 15.08.260 of the Kent City Code entitled "Green River Corridor special interest district regulations," to adjust for the sections established in chapter 11.06; amending chapter 11.03 to add SEPA substantive authority; and making other related amendments. • I RECITALS A. The City of Kent has undergone extensive study and review to comply with the requirements of the Growth Management Act (RCW 36.70A) to implement development regulations that identify and protect critical areas as required by RCW 36.70A.215. This analysis has included the best available science, consistent with RCW 36.70A.172 and WAC 365-195-900. B. The City's intent has been to develop and implement a comprehensive, balanced, and fair regulatory program that avoids impacts to critical resources where possible, that requires mitigation be performed by those persons or activities affecting critical areas, and that thereby protects the public from injury, loss of life, or loss of property or finances. 1 Critical Areas 1 C. Thy City's review process included an open house with the public on July 22, 2004, and a ffocus group meeting with interested parties on September 8, 2004. The Land Use and Planning Board held workshops on May 29, 2004, and August 9, 2004, along with a public hearing on September 13, 2004. The Planning and Economic Development Cgmmittee reviewed the issue at its meeting on October 4, 2004, and a workshop with the City Council was held on October 19, 2004. D. Under the State Environmental Policy Act (SEPA), the City issued a notice to adopt ;the Comprehensive Plan EIS, draft (July 1994) and final (January 1995), along with an Addendum on September 3, 2004. I E. On July 1, 2004, the City provided the required sixty (60) day notification undei RCW 36.70A.106 to the state of Washington on the City's proposed critical area ordt'nance. Comments from the state were received, considered, and entered into the ri cord. F. Thlese regulations will implement goals and policies of the Kent Comprehensive Plan, including those pertaining to natural features, environmental protection, land use, housing, economic development, transportation, utilities and adequate public facilities. G. The regulations adopted shall also serve as a basis for the exercise of the City's substantive SEPA authority, while at the same time reducing the City's reliance on project-level EPA review to develop standards. H. Th6e standards will provide consistent standards, criteria, and procedures that will enable the City to effectively manage and protect critical areas while accommo4ating the rights of property owners to use their property in a reasonable manner. At the same time, these regulations will provide greater certainty to property owners regarding uses and activities that are permitted, prohibited and/or regulated due to the presence of critical areas. These regulations will also coordinate 2 Critical Areas environmental review and the permitting of proposals involving critical areas with existing development review and approval processes to avoid duplication and delay, consistent with RCW 36.70B. I. These regulations are intended to establish conservation and protection measures for threatened and endangered species in compliance with the requirements of the Endangered Species Act and WAC 365-195-925, and provide special consideration for anadromous fish. J. These regulations will serve to alert members of the public, including: appraisers, assessors, owners, potential buyers or lessees, to the development limitations of critical areas and their required buffers. K. This Ordinance is an exercise of the City's police power to protect the public's health, safety and general welfare. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF KENT WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amend. Section 11.03.510 of the Kent City Code, entitled "Substantive authority," is amended to read as follows: Sec. 11.03.510 Substantive authority. A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city. B. The city may attach conditions to a permit or approval for a proposal so long as: 3 Critical Areas 1. Suoh conditions are necessary to mitigate specific probable significant adverse environi�iental impacts identified in environmental documents prepared pursuant to this chapter; 2. SuQh conditions are in writing; 3. Thy mitigation measures included in such conditions are reasonable and capable of being accomplished; 4. Thy city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and 5. Such conditions are based on one (1) or more laws or regulations as provided in Ch. 11.03 KCC and subsection (D) of this section and identified in writing in the license or other decision document. C. The city npay deny a permit or approval for a proposal on the basis of State Environmental Pollicy Act so long as: 1. A finding is made that approving the proposal would result in probable significant adversb environmental impacts that are identified in a final environmental impact statements or final supplementary environmental impact statement prepared pursuant to this chapter; 2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and 3. The denial is based on one (1) or more policies identified in subsection (D) below and ide4tified in writing in the license or other decision document. D. The city designates and adopts by reference the following additional policies as the basis for the c4y's exercise of authority pursuant to this section: 1. Tho city shall use all practicable means, consistent with other essential considerations of!state policy, to improve and coordinate plans, functions, programs and resources to the end that the state and its citizens may: 4 Critical Areas i a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; b. Assure for all people of the state safe, healthful, productive and aesthetically and culturally pleasing surroundings; c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences; d. Preserve important historic, cultural and natural aspects of our national heritage; e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice; £ Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. 2. The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. 3. The city adopts by reference the policies in the following city codes, ordinances, and resolutions: a. The citywide comprehensive plan as prepared and adopted pursuant to the State Growth Management Act and adopted on April 18, 1995 by the Kent city council by Ordinance 3222 and its specific components and elements, and including all amendments thereto. b. Shoreline master program as adopted by the Washington State Department of Ecology on June 16, 1992 and as adopted by the Kent city council on July 21, 1992 by Ordinance 3056 and including all amendments thereto. 5 Critical Areas i c. he surface water and drainage code, Ch. 7.07 KCC and including all amendments thereto. d. bnderground installation of electrical or communications facilities, Ch. 7.10 KCC andincluding all amendments thereto. e. Transportation master plan (Resolution 1014 and amended by Resolution 1032) 4nd Green River Valley transportation action plan (Resolution 1127) as may hereafter bo amended and including all amendments thereto. f. Wastewater facilities master plan, Ch. 7.09 KCC and including all amendments theretp. g. Comprehensive water plan (Ordinances 2829 and 2960) and conservation elemont Resolution 1361 and including all amendments thereto. h. Construction standards for public works, KCC 6.02.010 and 6.02.020 (Ordinange 3117) and including all amendments thereto. i. $treet use permit requirements, Ch. 6.07 KCC and including all amendments theret�. j. );lood hazard protection, Ch. 14.09 KCC and including all amendments thereto. k. $ubdivisions, Ch. 12.04 KCC and including all amendments thereto. 1. Mobile home parks, Ch. 12.05 KCC and including all amendments thereto. m. Valley studies (as adopted in Resolutions 920, 921, 922, 923, and i 924). n. luoise control, Ch. 8.05 KCC and including all amendments thereto. o. $tate building code, together with the local implementing ordinances, KCC Tjtle 14 and including all amendments thereto. 6 Critical Areas i i p. State fire code, together with the local implementing ordinances, KCC Title 13 and including all amendments thereto. q. Zoning,KCC Title 15 and including all amendments thereto. r. Recreational vehicle park, Ch. 12.06 KCC and including all amendments thereto. s. Water shortage emergency regulations, Ch. 7.13 KCC and Water Conservation Ordinance 2227 and including all amendments thereto. t. Required public improvements, Chs. 6.02 and 6.03 KCC and including all amendments thereto. u. Storm and surface water drainage utility, Ch. 7.05 KCC and including all amendments thereto. v. Storm drainage policies (Ordinance 2547) and including all amendments thereto. w. Six (6) year transportation improvement plan (Resolution 1444) and including all amendments thereto. x. Comprehensive sewerage plan (Resolution 915) and including all amendments thereto. y. Fire master plan (Ordinance 2511) and including all amendments thereto. z. Critical areas (Ordinance 37 )Wetland management (Ordi ane 3449}and including all amendments thereto. ineluding all amendments-. 7 Critical Areas I i SECTION 1 2. — Repeal. Chapter 11.05 of the Kent City Code, entitled "Wetlands Management,"is hereby repealed in its entirety. i SECTION 8. — Create. Chapter 11.06 of the Kent City Code, entitled "Critical Areas,"is hereby cteated and shall read as follows: Chapter 11.06 CRITICAL AREAS A#ticle 1. Procedural & Administrative Provisions Sec. 11.06.010. Title. This code shall be hereinafter known as the city of Kent critical areas code. Sec. 11.06.020. Purpose and Intent. A. The city of Kent contains numerous areas that can be identified and characterized as critical or environmentally sensitive. Such areas within the city include wetlands, streams, wildlife and fisheries habitat, geologic hazard areas, frequently flooded 4reas, and aquifer recharge areas. B. The city finds that these critical areas perform a variety of valuable and beneficial biological, physical and economic functions that benefit the city and its residents. Alteration of certain critical areas may_pose a threat to public safety, private pMerty and the en ironment. The city finds therefore that identification reimlation and protection of critical areas is necessary to protect the public health, safety general welfare. ' he city further finds that the functions of critical areas, and the purpose of these regulations, include the following: 1. Wetonds. Wetlands perform a variety of functions that include maintaining water i quality; storing and conveying stormwater and floodwater; recharging groundrtlater; providing important fish and wildlife habitat; and providing areas for recreation, education, scientific study and aesthetic appreciation. Wetland b*ers serve to moderate runoff volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable 8 Critical Areas i I i water temperatures: provide habitat for wildlife; and protect wetland resources from harmful intrusion. The primary goals of wetland regulation are to avoid wetland impacts; to achieve no net loss of wetland function and value, acreage may also be considered in achieving the overall goal,• to provide levels of protection that reflect the sensitivity of individual wetlands and the intensity of proposed land uses; and to restore and/or enhance existing wetlands, where possible. 2. Fish & Wildlife Habitat Conservation Areas. a. Streams and their associated riparian corridors provide important fish and wildlife habitat including habitat for threatened and endangered species; help maintain water quality, store and convey stormwater and floodwater; recharge groundwater• and serve as areas for recreation education, scientific study and aesthetic appreciation Stream buffers serve to moderate stormwater runoff volume and flow rates; reduce sediment chemical nutrient and toxic pollutants, provide shading to maintain desirable water temperatures; provide habitat for wildlife; and protect stream resources from harmful intrusion. The primary goals of stream regulation are to avoid or otherwise mitigate significant impacts to streams and associated riparian corridors; to protect threatened and endangered species; to protect water quality through appropriate management techniques,• and, where possible, to provide for stream enhancement and rehabilitation. b. Wildlife habitat provides opportunities for food, cover, nesting, breeding and movement for fish and wildlife within the city; maintains and promotes diversity of species and habitat within the city; integrates habitat protection with elements of the city's open space system; helps maintain air and water quality; helps control erosion; serves as areas for recreation, education and scientific study and aesthetic appreciation The primary goals of wildlife habitat regulations are to identify and protect fish and wildlife habitat,• to avoid impacts to critical habitats for fish and wildlife-, to implement the goals of the Endangered Species Act; to promote connectivity between habitat areas to allow for wildlife movement; to provide multi- 9 Critical Areas i purpose open spade corridors, and where possible to enhance and rehabilitate wildlife habitat. 3. Geologic Hazard Areas. Geologic hazard areas include land characterized b eolo ig'c, hydrologic and topographic conditions that render them susceptible to vakying degrees of risk of landslides, erosion, seismic or volcanic activity. The prim�x goals of regulating geologic hazards are to avoid and minimize potential impacts Ito life and property; to regulate land uses where necessary; and to conduct approprigte levels of analysis to ensure sound engineering and construction practices to address identified hazards. 4. Critical Aquifer Recharge Areas. Aquifer recharge areas provide a source of potable water and contribute to stream discharge/flow during periodsof low flow. The city finds that certain locations are susceptible to contamination of water supplies by infiltration of pollutants through soil to groundwater aquifers. The primatgoals of aquifer recharge regulations are to protect critical aquifer recharge areas and groundwater quality by avoiding or limiting land use activities that pose potential risk of aquifer contamination; and to minimize impacts to significant aquifer recharge areas through the application of performance standards. 5. Specific Flood Hazard Regulations. This section of the Kent City Code, and other sections!as incorporated by reference, contain standards, procedures, criteria and requirements untended to identify, analyze and mitigate potential impacts to the city's critical areas and to enhance and restore degraded resources where possible. The general intent of tWe regulations is to avoid impacts to critical areas. In appropriate circumstances, impacts to specified critical areas resulting from regulated activities may be minimized, rectified, reduced and/or compensated for, consistent with the requirements of this chapter. Sec. 11.06J030. Regulated Activities. A. The provisions of this chapter shall apply to any regulated activity potentially affectsi a critical area or its buffer unless otherwise exempt by these regulations. Applicable activities are as follows: 10 Critical Areas i 1 Removing excavating disturbing or dredging soil, sand, gravel, isminerals organic matter or materials of any kind. 2 Dumping discharging or filling with any material. 3 Draining flooding or disturbing the water level or water table, or diverting or impeding water flow. 4 Driving pilings or placing obstructions. 5 Constructing substantially reconstructing demolishing or altering the size of any structure or infrastructure. 6 Destroying or altering vegetation through clearing, grading, harvesting, shading or planting vegetation that would negatively affect the character of a critical area. 7 Activities that result in significant changes in water temperature, physical or chemical characteristics of water sources including quantity and pollutants. 8 Any other activity potentially affecting a critical area or buffer not otherwise exempt from the provisions of this chapter as determined by the department. 9 The construction of new recreation trails within the buffer, which shall be low intensity designed and constructed of permeable materials which protect water quality, allow adequate surface water and groundwater movements do not contribute to erosion and are located where they do not disturb nesting, breeding and rearing areas, and designed to avoid or reduce the removal of trees. Where a regulated activity would be partly within and partly outside a critical area or its buffer, the entire activity shall be reviewed pursuant to the requirements of this chapter. B. To avoid duplication all permits and approvals identified in KCC 12.01 shall be subject to and coordinated with the requirements of this chapter. C. Non-project actions including but not limited to rezones, comprehensive plan map amendments annexations and the adoption of plans and programs, shall be subject to the requirements of this chapter. However, the department may at its discretion permit any studies or evaluations required by this chapter to use methodologies and provide a level of detail appropriate to the action proposed. 11 Critical Areas i i D. Activities(within the Green River Natural Resources Area shall be subject to this chapter with the Oxcgption of activities allowed by Resolution 922, adopted by the City of Kent in Mar4 1981. Sec. 11.0f6.040. Exemptions. A. The follo)#ing activities performed on sites containing critical areas as defined by this chapter shall be exempt from the provisions of these regulations: 1. CoOervation or preservation of soil, water, vegetation, fish and other wildlife that does]not entail changing the structure or functions of the critical area. 2. Ex$fing and ongoing agricultural activities, as defined in this chapter. 3. Activities involving artificially created wetlands or streams intentionally created from nor-wetland sites, including but not limited to, grass-lined swales, irrigation and drainage ditches, retention or detention facilities, and landscape features, except wetlands br streams created as mitigation or that provide critical habitat for anadromous fish. 4. Oporation, maintenance, repair and reconstruction of existing structures, roads, trails, streets, utilities and associated structures, dikes, levees or drainage systems, provided that reconstruction of any facilities or structures is not "substantial reconstruction" May not further encroach on a critical area or its buffer, and shall incorporate Best i6nagement Practices. 5. Nobal maintenance, repair and reconstruction of residential or commercial structures, facilities and landscaping_provided that reconstruction of any structures may riot increase the previous footprint, and further provided that the provisions of this Ichnter are followed. 6. They addition of floor area within an existing building which does not increase the building footprint. 7. Site!investigative work and studies that are prerequisite to preparation of an application fob development including soils tests, water quality studies, wildlife studies and simila tests and investigations, provided that any disturbance of the critical area shall be the r4inimum necessary to carry out the work or studies. 12 Critical Areas 8 Educational activities scientific research, and outdoor recreational activities including but not limited to interpretive field trips birdwatching, boating, swimming fishing and hiking that will not have a significant effect on the critical area. 9 The harvesting of wild crops and seeds to propagate native plants in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil planting of crops or alteration of the critical area by changing existing topography water conditions or water sources. 10 Emergency activities necessary to prevent an immediate threat to public health safety, property or the environment which requires immediate action within a time too short to allow full compliance with this chapter as determined by the department. 11 Development of lots vested and/or legally created through a subdivision, short subdivision or other legal means and approved prior to the effective date of this chapter. 12 Previously legally filled wetlands or wetlands accidentally created by human actions prior to July 1 1990. The latter shall be documented through photo"a hs statements and/or other conclusive evidence and be agreed to by the director. 13 Removal of invasive plants and planting of native vegetation in wetland and stream buffers for the purpose of enhancing habitat values of these areas pursuant to an approved mitigation plan. 14 Stabilization of sites where erosion or landsliding threatens public or private structures utilities roadways driveways or publicly maintained trails or where erosion or landsliding threatens any lake stream wetland or shoreline. Stabilization work shall be performed in a manner which causes the least possible disturbance to the slope and its vegetative cover. This activity shall be performed in accordance with gpproved site stabilization plans. 15. Minor activities not mentioned above and determined in advance and in writing by the director to have minimal impacts to a critical area. B. Notwithstanding the exemptions provided by this subsection, any otherwise exempt activities occurring in or near a critical area or its buffer shall comply with the 13 Critical Areas intent of these standards and shall consider on-site alternatives that avoid or minimize significant adverso impacts. Emergency activities shall mitigate for any impacts caused to critical areas upon abatement of the emergency. C. With the e�ception of emergency actions, and existing and ongoing agricultural activities, no pro erty owner or other entity shall undertake exempt activities prior to providing fourteM(14) days notice to the director and receiving confirmation in writing that the pioposed activity is exempt. In case of any question as to whether a particular activity is exempt from the provisions of this section, the director's determination shall prevail and shall be confirmed in writing. D. Legally established uses, developments or structures that are nonconforming solely due to inconsistencies with the provisions of this chapter, shall not be considered nonconforming virsuant to KCC 15.08.100. Reconstruction or additions to existing structures which intrude into critical areas or their buffers shall not increase the amount of such intrusion] except as provided by section 10(A) of this title. Once a non- conforming use ip discontinued for a period of one-year, that use cannot be re- established. E. The exemptions established by this section shall apply only to activities that are otherwise permitt$d by federal, state and/or local laws. See. 11.00.050. Critical areas maps. The approximate location and extent of critical areas within the city are shown on the critical areas inventory mgps. These maps shall be used for informational purposes and as a'general guide only, for the assistance of property owners and other interested parties;j the boundaries and locations shown are generalized. The actual presence or absen�e, type, extent, boundaries, and classification of critical areas on a specific site shall �e identified in the field by a qualified consultant and confirmed by the department, acbordin to o the procedures, definitions and criteria established by this chapter. In the event of any conflict between the critical area location or designation shown on the cityis maps and the criteria or standards of this section, the criteria and standards shall nr&ail. 14 Critical Areas I i Sec. 11.06.060. Relationship to other regulations. 10 A. These critical area regulations shall apply as an overlay and in addition to zoning, land use and other regulations established by the city of Kent. In the event of any conflict between these regulations and any other city regulations, those regulations which provide greater protection to environmentally critical areas shall apply, as determined by the director. B. Areas characterized by specific critical areas may also be subject to other regulations established by this chapter due to the overlapping or multiple functions of some critical areas. Wetlands, for example, may be defined and regulated according to the wetland wildlife habitat and stream managementprovisions of this chapter. In the event of any conflict between regulations for particular critical areas in this chapter, the regulations which provide greater protection to environmentally critical areas shall apply, as determined by the director. Sec. 11.06.070. Critical area review process and application requirements. A. Pre-Application Conference. 1. For those projects subject to Environmental Review pursuant to SEPA, the pre-application requirements of KCC 12.01 shall apply. 2. For projects which are subject to this chapter but are exempt from the SEPA requirements, the applicant is encouraged to meet with the city prior to submitting an application. 3. The purpose of these meetings shall be to discuss the city's critical area requirements, processes and procedures; to review an conceptual site plans prepared by the applicant; to identify potential impacts to critical areas and appropriate mitigation measures; and to the extent it can be determined, generally inform the gpplicant of any known federal or state regulations or approvals applicable to the subject critical area. Such conference shall be for the convenience of the applicant, shall not constitute legal advice or scientific opinion, and any recommendations shall not be binding on the applicant or the city. It shall be the applicant's sole responsibility to identify and secure all necessM permits from any agencies with jurisdiction notwithstanding that the city of Kent may also have the authority to issue a permit. 15 Critical Areas i i B. Application Requirements. 1. Timi�g of Submittals. Concurrent with submittal of a SEPA checklist, or concurrent with 4mittal of an application for projects exempt from SEPA, a critical area report must b� submitted to the city for review. The purpose of the report is to determine the extent, characteristics and functions of any critical areas located on or potential) affected bby activities on a site where regulated activities are proposed. The report will also be!used by the department to determine the appropriate critical area rating or classification, where applicable, and to establish appropriate buffer requirements. 2. Report Contents. Reports and studies required to be submitted by this chapter shall contaiO, at a minimum, the information indicated in the attachments to this chapter applicable �o each critical area. The department may tailor the information required to reflect the complexity of the proposal and the sensitivity of critical areas that maypotentiall} be present. C. Critical Area Consultants - Qualifications & City Review. All reports and studies required of the applicant by this section shall be prepared by a qualified consultant as defindd in these regulations. The department may, at its discretion, retain a qualified consultalnt to review and confirm the applicant's reports, studies and plans. Such review shall bo paid for by the applicant. D. Review Process. This section is not intended to create a separate critical area review permit procgss for development proposals. To the extent possible, the city shall consolidate and integrate the review and processing of critical area-related aspects of proposals with ot4er land use and environmental considerations, reviews and approvals. Anype�m^, its required by separate codes or regulations, such as Shoreline Substantial Development Permits, shall continue to be required. Sec. 11.06.000. Procedural provisions. A. Interpretation and Conflicts. The director of the department or his/her designee shall have the "ority to administer the provisions of this chapter, to make determinations with regard to the applicability of the regulations, to interpret the intent of unclear provisions, to require additional information, to determine the level of detail 16 Critical Areas I and appropriate methodologies for critical area reports and studies, to prepare application and informational materials as required to promulgate procedures and rules for unique circumstances not anticipated by the standards and procedures contained within this section. B. Penalties and Enforcement. Compliance with these regulations and penalties for their violation shall be enforced pursuant to the procedures set forth in KCC 1.04. C. Appeals from Critical Area Review Decisions. Appeals from critical area review decisions shall be govemed by the procedures set forth in KCC 12.01.190 and KCC 2.32. D. Burden of Proof. The burden of proving that a proposed activity meets the standards established by this chapter shall be on the applicant. Sec. 11.06.090. Reasonable use provision. A. The standards and requirements of these regulations are not intended, and shall not be construed or applied in a manner, to deny all reasonable use of private property. If an applicant demonstrates to the satisfaction of the hearing examiner that strict application of these standards would deny all reasonable use of a property, development may be permitted subject to appropriate conditions. B. Applications for a reasonable use exception shall be processed as a Process III gpplication,pursuant to KCC 12.01. C. An applicant requesting relief from strict application of these standards shall demonstrate that all of the following criteria are met: 1. No reasonable use with less impact on the critical area and its buffer is possible. 2. There is no feasible and reasonable on-site alternative to the activities proposed, considering possible changes in site layout, reductions in density and similar factors,that would allow a reasonable economic use with fewer adverse impacts. 3. The proposed activities, as conditioned, will result in the minimum possible impacts to affected critical areas, considering their functions and values and/or the risks associated with proposed development. 4. All reasonable mitigation measures have been implemented or assured. 17 Critical Areas 5. The(inability to derive reasonable economic use is not the result of the applicant's action or that of a previous property owner, such as by segregating or dividing the property and creating an undevelopable condition. 6. Any; alteration of a critical area approved under this section shall be subject to approjriate conditions and will require mitigation under an approved mitigation plan. D. Approval Of a reasonable use exception shall not eliminate the need for any other permit or approval otherwise required for a proposal by applicable city regulations. j Sec. 11.06J100. Variances. A. Applications for variances from the strict application of the terms of this chapter to a specific property may be submitted to the city. All variances except administrative variances per subsection B shall be considered by the hearing examiner as a Process III application, pursuant to KCC 12.01.040. Approval of variances from the strict application of the! critical area requirements shall be consistent with the following criteria: 1. Thee are unique physical conditions peculiar and inherent to the affected propertylwhich makes it difficult or infeasible to strictly comply with the provisions of this $ection. 2. The variance is the minimum necessary to accommodate the building footprint and access. 3. The proposed variance would preserve the functions and values of the critical area, an"ir the proposal does not create or increase a risk to the public health, safety and general welfare, or to public or private property. 4. The(proposed variance would not adversely affect properties surrounding the subject site. 5. Advoise impacts to critical areas resulting from the proposal are minimized. 6 special circumstances or conditions affecting the property are not a result of the actiop6 of the applicant or previous owner. 18 Critical Areas i i 7 The variance shall not constitute a grant of special privilege. B. Other minor buffer modifications may be permitted by the director, as outlined in the provisions of this chapter. Article II. Definitions Sec. 11.06.105. Definitions. The following words terms and phrases when used in this chapter, shall have the meaning ascribed to them in this section except where the context clearly indicates a different meaning. Sec. 11.06.110. Applicability. The definitions contained in this chapter are those that are generally used throughout this title,• except for those definitions specified in KCC 14.09 and 15 which are specific to those respective sections and chapters. Sec. 11.06.115. Adjacent Wetland. Adiacent Wetland means wetlands bordering contiguous or neighboring a river, stream or lake. Sec. 11.06.120. Applicant. Applicant means the person party, firm corporation or other entity that proposes or has performed any activity that affects a critical area. See. 11.06.125. Aquifer. Aquifer is generally, any water bearing soil unit or geologic formation. Specifically, a body of soil unit or geologic formation that contains sufficient saturated permeable material to conduct groundwater and yield economically significant quantities of groundwater to wells or springs. Sec 11 06.130. Aquifer susceptibility. 19 Critical Areas i Aqui er susMtibktv is a contributory factor of potential contamination of an aquifer that results from soil, rock and groundwater characteristics within a recharge area. Sec. 11.06J35. Aquifer vulnerability. Aquifer vulnerability means the combined effect of aquifer susceptibility contaminant loadigg T)otential: it includes hydrogeologic, land use and other factors that affect the pototial for groundwater contamination. Sec. 11.06.1140. Artificially created wetland. Arti acially created wetland means wetlands created from non-wetland sites through purposeful, legally{ authorized human action, including but not limited to irrigation and drainage ditches, brass-lined swales, canals, retention or detention facilities, wastewater treatment facilities farm ponds, and landscape amenities. Sec. 11.06.145. Best available science (BAS). Best available science (BAS) is the current scientific information used in the process to designate protect br restore critical areas, that is derived from a valid scientific process as defined by WA� 365-195-900 througb 925. Sec. 11.06.150. Best management practices (BMPs). Best mans e�jpractices (Rkft means the conservation practices or systems of practices and man4gement measures that (1) control soil loss and reduce water quality degradation caused by nutrients animal waste, toxics, and sediment: and (2) minimize adverse impacts toj surface water and groundwater flow, circulation pattems, and to the chemical,physicali and biological characteristics of critical areas. See. 11.06.155. Bog. Bo is s a peat-acc4mulating wetland that has no significant inflows or outflows and supports acidophilk mosses,Rarticularly sphagnum. Sec. 11.06.160. Buffer or buffer area. 20 Critical Areas i Buffer or buffer area is a vegetated zone contiguous to and surrounding a critical area that protects the critical area from adverse impacts to its integrity and value. Buffers are necessary for the continued maintenance function and/or structural stability of a critical area and are an integral part of the resource's ecosystem. Buffers may be enhanced and/or re vegetated where they are degraded or as part of a mitigation program Buffers shall be measured perpendicular from the edge of the critical area. Sec 11 06165. Building setback line(BSBL). Building setback line (BSBL) means an area in which structures including but not limited to sheds homes (including overhangs) buildings and awnings shall not be permitted within or allowed to project into a critical area buffer. Roads, parking areas, uncovered at grade decks patios lawns and landscaping are permitted within the BSBL. Sec. 11.06.170. Clearing. Clearing means the removal of timber, brush grass ground cover or other vegetative matter from a site which exposes the earth's surface of the site or any actions which disturb the existing ground surface. Sec. 11.06.175. Compensatory mitigation. Compensatory mitigation means the replacement of project-related critical area that has been impacted including but not limited to, the following: A Restoration means actions performed to reestablish stream or wetland functional characteristics and processes which have been lost by alterations, activities, or catastrophic events within an area which no longer meets the definition of a stream or wetland. B. Creation means actions performed to intentionally establish a wetland at a site where it did not formerly exist. C. Enhancement means actions performed to improve the condition of existing wetlands or riparian areas so that the functions they provide are of a higher 1-0 ug alit 21 .Critical Areas i Sec. 11.06.180. Comprehensive plan. Comprehensive plains means the adopted City of Kent Comprehensive Plan and amendments thereto. Sec. 11.06485. Compensatory flood storage. Compensatory flooTtorage means any new, excavated flood storage volume equivalent to any good storage capacity which has been or would be eliminated by filling or grading Within the flood fringe. The compensatory flood storage must be hydraulically associated with the floodway, See. 11.06.1190. Contaminant loading potential. Contaminant loadidg potential means the availability within an aquifer recharge area of any potential physi�al, chemical, biological, or radiological substance that enters the hydrological cycle Od may cause a deleterious effect on ground water resources. Sec. 11.06.105. Creation of critical areas. Creation of critical areas means the purposeful and legally authorized construction or forming of a wetland or stream from an upland (non-wetland or dry) site through artificial means. Sec. 11.06.200. Critical area, or environmentally sensitive area. Critical area, or environmentally sensitive area means areas that possess important natural functions 4d embody a variety of important natural and community values. Such areas include Wetlands, streams, fish and wildlife habitat, geologic hazard areas, critical aquifer recharge areas and flood hazard areas. If not conducted properly, development or altlration of such areas may cause significant impacts to the valuable functions and valued of these areas and/or may generate risks to the public health and general welfare, and/or to public and private property. 22 Critical Areas Sec. 11.06.205. Critical area report. Critical area report means a report prepared by qualified consultant to determine the presence type class size function and/or value of an area subject to these regulations. Sec 11 06 210 Critical aquifer recharge areas. Critical aquifer recharge areas means areas designated Wellhead Protection Areas pursuant to Wellhead Protection plans or via the calculated fixed radius method, Susceptible Groundwater Areas pursuant to WAC 173-100 and Special Protection Areas pursuant to WAC 173-200-090. Sec. 11.06.215. Critical facilities. Critical facilities means those facilities necessary to protect the public health, safety and general welfare which are defined under the occupancy categories of Essential Facilities and Special Occupancy Structures in the Intemational Building Code, ( or- subsequent amendment). Sec 11 06 220 Critical habitat or critical wildlife habitat, or critical fish and wildlife conservation area. Critical habitat or critical wildlife habitat or critical fish and wildlife conservation area means habitat areas associated with threatened endangered sensitive, monitor or priority species of plants or wildlife and which if altered, could reduce the likelihood that the species will maintain and reproduce over the long term. Such areas are identified herein with reference to lists categories and definitions of species promulgated by the Washington Department of Fish and Wildlife (Non-Game Data System Special Animal Species) as identified in WAC 232-12-011 or 232-12-014; in the Priority Habitat and Species (PHS) program of the Department of Fish and Wildlife; or by rules and regulations adopted currently or hereafter by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service. 23 Critical Areas Sec. 11.06.2R5. Dedication. Dedication means conveyance of land to the city or other not-for-profit entity by deed, easement or other instrument of conveyance. Sec. 11.06.;30. Delineation manual, or wetland delineation manual methodology. Delineation manuat or wetland delineation manual/methodology means the manual and methodology used to identify wetlands in the field, as described in the Washington State Wetlands Ide d tiflcation and Delineation Manual, adopted by the Department of Ecology in 1997 (pursuant to RCW 90.58.380/36.70A.175), and which is based on the U.S. Corps of Engiii eers Wetlands Delineation Manual (1987). Use of this manual is required by RCW 9P.58.380/36.70A.175. Sec. 11.06.2$5. Department. Department means the City of Kent Department of Public Works or successor agencL unless the context indicates a different City department. See. 11.06.2�0. Director. Director means the pirector of the City of Kent Department of Public Works or his/her designee. Sec. 11.06.2d15. Earth/earth material. Earth/earth material means the naturally occurring rock, soil, stone, sediment, or combination thereoi Sec. 11.06.2j0. Elevated construction. Elevated constructOn means a construction technique that employs posts or pilings to raise a structure so tiat waters can flow freely beneath the structure. i 24 Critical Areas Sec. 11.06.255. Emergent wetland. Emergent wetland means a wetland with at least thirty (30) percent of the surface area covered by erect rooted herbaceous vegetation as the uppermost vegetative strata. Sec. 11.06.260. Enhancement. Enhancement means the improvement of an existing viable wetland, stream or habitat area or the buffers established for such areas through such measures as increasing plant diversity, increasing wildlife habitat installing_environmentally-compatible erosion controls increasing structural diversity or removing plant or animal species that are not indigenous to the area Enhancement also includes actions performed to improve the quality of an existing degraded wetland stream or habitat area. See also, "Restoration." Sec. 11.06.265. Erosion. Erosion means a process whereby gravity, wind rain water, freeze-thaw and other natural agents mobilize and transport soil particles. Sec. 11.06.270. Erosion hazard areas. Erosion hazard areas means areas within the city of Kent underlain by soils which are subject to severe erosion when disturbed. Such soils include, but are not limited to those delineated in the "Soil Survey, King County Area, Washington" (USDA, 1973) as having a moderate to severe severe or very severe erosion hazard potential. These soils consist of the following: Alderwood gravelly sandy loam, 15 to 30 percent slopes (AQD)• Alderwood and KitsW soils very steep (AkF)• Arents Alderwood Material 6 to 15 percent slopes (AmQ; Beausite gravelly sandy loam 15 to 30 percent slopes (BeD)• Beausite rg avelly sandy loam 40 to 75 percent slopes (BeF)• Everett gravelly sandy loam 15 to 30 percent slopes (EVD)' Indianola loamy fine sand, 15 to 30 percent slopes (InD)' Kitsap silt loam 8 to 15 percent slopes (KpC)• Kitsap silt loam 15 to 30 percent slopes (KpD)' Ovall gravelly loam 15 to 25 percent slopes (OVD); Ovall 25 Critical Areas i i gravelly loam, 40 tq 75 percent slopes (OvF), Pilchuck loamy fine sand (Pc),Ra rg lar fine sandy loam, �5 to 25 percent slopes (RaD); Ragnar-Indianola association, moderately steep (RO); and Riverwash(Rh). Sec. 11.06.215. Essential habitat. Essential habitat mans habitat necessary for the survival of federally listed threatened, endangered and senoitive species and state listed priority species. See. 11.0640. Excavation. Excavation means the removal or displacement of earth material by human or mechanical means. Sec. 11.06.205. Existing and ongoing agricultural activities. Existinz and on of g agricultural activities: "Existing and ongoing agricultural activities" includes dose activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock. Such activity must have been in existence as of the effective date of this chapter The definition, includes but is not limited to operation and maintenance of farm and stock ponds or drainage ditches injigation systems changes between agricultural activities or crops, and normal operatio#< maintenance or repair of existing serviceable structures facilities or improved areas .}activities which bring an area into agricultural use from a previous non-agricultural usel are not considered part of an ongoingativity. An operation ceases to be ongoing when the area on which it was conducted is proposed for conversion to a non-agricultural use or has lain idle for a period of longer than five years unless the M14 land is registered in a federal or state soils conservation program. Forest practices are 4ot included in this definition. i See. 11.06.2% Exotic. Exotic means any species of plant or animal that is foreign and not indigenous to the i Kent area. 26 Critical Areas See. 11.06.295. Fen. Fen means a peat-accumulating wetland that receives some drainage from surrounding mineral soil and usually supports marshlike vegetation. Sec. 11.06.300. Fill fill material. FilLlfill material means a deposit of earth material placed by human or mechanical means. Sec. 11.06.305. Filling. Filling means the act of transporting or placing (by any manner or mechanism) fill material from to or on any surface water body or wetland, soil surface, sediment surface, or other fill material. Sec. 11.06.310. Forested wetland. Forested wetland means a wetland defined by the Cowardin system with at least thirty (30)percent of the surface area covered by woody vegetation greater than twenty (20) feet in height that is at least partially rooted in the wetland. Sec. 11.06.315. Functions, beneficial functions, or functions and values. Functions beneficial functions or functions and values means the beneficial roles served by wetlands including but not limited to, water quality protection and enhancement fish and wildlife habitat food chain support, flood storage, conveyance and attenuation groundwater recharge and discharge, erosion control, wave attenuation historical and archaeological and aesthetic value protection, and recreation. These beneficial roles are not listed in order of priority. Sec. 11.06.320. Geologic hazard areas. Geologic hazard areas means lands or areas characterized by geologic, hydrologic and topographic conditions that render them susceptible to varying degrees es of potential risk of landslides erosion or seismic or volcanic activity; and areas characterized by 27 Critical Areas i geologic and hydrdlogic conditions that make them vulnerable to contamination of groundwater suppli�s thrmh infiltration of contaminants to aquifers. Sec. 11.06.3 g5. Grading. Grading means an-� excavating filling, clearing, leveling, or contouring of the ground surface by human of mechanical means. Sec. 11.06.00. Growing season. Growing season mgans the average frost-free period of the year in Kent as recorded in National Oceanic gnd Atmospheric Administration Frost/Freeze Data from Climatology of the U.S. No. 20 supplement No. 1, or in equivalent U.S. government agency records. Growing season for the purposes of these regulations, may be considered to be the period from Mach 1 through October 31 of any calendar year. Sec. 11.0645. Habitat management. Habitat manaZemg means management of land and its associated resources/features to maintain species in suitable habitats within their natural geographic distribution so that isolated subpobulations are not created. This does not imply maintaining all habitat or individuals of all species in all cases. Sec. 11.06.300. Hydric soil. Hydric soil means Ooil that is saturated flooded or ponded long enough during the growing season to Oevelop anaerobic conditions in the upper part The presence of ykc soil shall be 4etermined following the methods described in the federal manual. Sec. 11.06.3f5. Hydrologically isolated. ydrolo ic�ally isolated means wetlands which: 1) have no surface water connection to a lake river, or stre*m during any part of the year; 2) are outside of and not contiguous to any100-yr floodplain of a lake river, or stream; and 3) have no contiguous hydric soil between the w0land and any lake river, or stream. May also be a pond excavated from uplands_ with water connection to a stream, lake, or other wetland. i 28 Critical Areas I Sec. 11.06.350. Hydrophytic vegetation. Hydrophytic vegetation means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the federal manual. Sec. 11.06.355. In-kind compensation or mitigation. In-kind compensation or mitigation means replacement of wetlands or other critical areas with substitute wetlands or resources whose characteristics closely approximate those destroyed or degraded ded by a regulated activity. Sec. 11.06.360. Intentionally created streams. Intentionally created streams means man-made streams created through purposeful human action such as irrigation and drainage ditches, grass-lined swales, and canals. This definition does not include stream modifications performed pursuant to City authorization such as changes or redirection of stream channels and does not include streams created as mitigation Purposeful creation must be demonstrated through documentation photographs statements and/or other evidence. Intentionally created streams are excluded from regulation under this chapter, except manmade streams that provide "critical habitat," as designated by federal or state agencies, for anadromous fish. Sec. 11.06.365. Lahar. Lahar means mudflows or debris flows associated with volcanic activity, and which pose a threat to life property and structures. Sec. 11.06.370. Landslide. Landslide means episodic downslove movement of a mass of soil or rock. 29 Critical Areas ! i Sec. 11.06.3175. Landslide hazard areas. Landslide hazard a�eas include: 1. Any existing active or dormant landslide or debris flow that has shown movement during the Holocene epoch (from ten thousand years ago to the present) or that are underlain of covered by mass wastage debris of that epoch. 2. Areas (delineated in the "Soil Survey, King County Area, Washington" (USDA, 1973) as laving a "severe" limitation for building site development. These soils consist of the Following: Alderwood gravelly sandy loam, 15 to 30 percent slopes (AgD); Alderwood land Kitsap soils, very steep (AkF); Beausite gravelly sandy loam, 15 to 30 percent slopes (BeD); Beausite gravelly sandy loam, 40 to 75 percent slopes (BeR Everett gravelly sandy loam, 15 to 30 percent slopes (EvD); Indianola loamy fine sand, 15 to 30 kercent slopes (InD), Kitsap silt loam, 8 to 15 percent slopes (KpC); Kitsap silt loam, 15 to 30 percent slopes (KpD); Ovall gravelly loam, 15 to 25 percent i slopes (OvD); Ovagravelly loam, 40 to 75 percent slopes (OvF); Ragnar fine sandy loam, 15 to 25 peijcent slopes (RaD), and Ragnar-Indianola association, moderately steep (RdE). 3. Areas !designated as quaternary slumps, earth flows, mudflows, or landslides on maps{published by the US Geological Survey, Washington Department of Natural Resources, pr geologic consultant reports completed for the City of Kent. 4. Areas with all three of the following characteristics: slopes steeper than 15 percent; slopes !intersecting_granular material over silts or clays; and springs or ground water seepage or evidence of seasonal springs or ground water seepage. 5. Slopes j that are parallel or subparallel to planes of weakness (such as bedding planes,joi%systems, and fault planes)in subsurface materials. 6. Slopes!subject to failure during seismic shaking. 7. Areas Potentially unstable as a result of rapid stream incision or stream bank erosion. 8. Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding_ i f 30 Critical Areas i i i 9. Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet. A slope is delineated by establishing its toe and top and measured by averaging the inclination over 10 feet of vertical relief Sec. 11.06.380. Mitigation. Mitigation includes: 1. Avoiding the impact altogether by not taking a certain action or parts of actions. 2. Minimizing impacts by limitingthe he degree or magnitude of the action and its implementation. 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. 5. Compensating for the impact by replacing or providing substitute resources or environments. 6. The enhancement, restoration or creation of critical areas as compensation for impacts resulting from development activities. While monitoring without additional actions is not considered mitigation for the purposes of these regulations, it may be part of a comprehensive mitigation program. Also see"Compensatory Mitigation." Sec. 11.06.385. Native Vegetation. Native vegetation means plant species indigenous to the Puget Sound region that could occur or could have occurred naturally on the site, which are or were indigenous to the area in question. 31 Critical Areas i See. 11.061390. Off-site mitigation. Off-site mitizatio$ means performance of mitigation actions, pursuant to standards established in thislchapter on a site or in an area other than that proposed for conduct of a regulated actif ity. See. 11.06395. Onsite mitigation/compensation. Onsite miti atiQ one compensation means replacing wetlands or other resources at or adjacent to the site on which a wetland or other resource has been impacted by a regulated activity. See. 11.06�400. Out-of-kind mitigation. Out-of-kind mitigation means replacement of wetlands or habitat with substitute wetlands or habitat whose characteristics do not closely approximate those adversely affected, destroyed_�graded by a regulated activity. Sec. 11.0MM Permanent erosion control. Permanent erosio$ control means continuous on-site and off-site control measures that are needed to control conveyance or deposition of earth turbidity or pollutants after development, construction, or restoration. See. 11.06.j410. Plant association of infrequent occurrence. Plant association's infrequent occurrence means one or more plant species which because of the rarity of the habitat and/or the species involved or for other botanical or environmental rea4ons do not often occur in the City of Kent. Examples include but are not limited to: 1 Wetlands with a coniferous forested class or subclass consisting of trees such as western red cedar, Sitka spruce or lodge hole pine growing on organic soils,• 2 Boos with a predominance of sphagnum moss or those containing sphagnum moss jnd typically including one or more species such as Labrador tea, sundew,boglaurel aurel or cranbegy, 32 Critical Areas i Sec. 11.06.415. Pond (Deepwater Aquatic Habitat). Pond(Deepwater Aquatic Habitat) means areas of open surface water that are less than 20 acres in size that are either permanently inundated at mean annual water depths greater than 6.6 feet or permanently inundated at less than 6.6 feet in depth that do not support rooted-emergent or woody plant species (Source: Washington State Wetland Delineation Manual DOE 19971 Also see definition of"wetlands" for exclusions of certain types of ponds from regulation. ation. Sec. 11.06.420. Practicable alternative. Practicable alternative means an alternative that is available and capable of being carried out after taking into consideration cost existing technology, and logistics in light of overall project purposes and having less impacts to critical areas. It may involve using an alternative site in the general region that is available to the applicant and may feasibly be used to accomplish the project. Sec 11 06.425. Priority habitat/species, or priority wildlife habitat/species. Priority habitat/species or priority wildlife habitat/species means habitats and species of local importance and concem in urban areas as identified by the Washington Department of Fish and Wildlife Priority Habitat & Species (PHS) program. "Priority species" are wildlife species of concern due to their population status and their sensitivity to habitat alteration "Priority_habitats" are areas with one or more of the following attributes: comparatively high wildlife density; high wildlife species richness; significant wildlife breeding habitat,• significant wildlife seasonal ranges; significant movement corridors for wildlife; limited availability; and/or high vulnerability. General types of priority habitat identified in the PHS program—some of which do not occur in the City of Kent -- include Aspen stands, cliffs, meadows, oak woodlands old-uowth/mature forests riparian areas shrub-steppe snag-rich areas and wetlands. 33 Critical Areas Sec. 11.06.430. Qualified consultant. Qualified consultant means a person who has attained a degree from an accredited college or university in the subject matter necessary to evaluate the critical area in question (e.g. biology ecology or horticulture/arboriculture for wetlands, streams and wildlife habitat W significant vegetation geology and/or civil engineer licensed in the State of Washingtin for geologic hazards and aquifer recharge areas), and/or who is professionally trained and/or certified or licensed by the State of Washington to practice in the sdientific disciplines necessary to identify, evaluate manage and mitigate impacts tq the critical area in question. For purposes of wetland studies and planning a qualifld consultant is one who has obtained certification by the Society of L Wetland Scientists as a Professional Wetland Scientist or Wetland Professional in Training For thopurpose of Geologic Hazards a qualified consultant shall be a professional geolo ist professional engineering_geologist or licensed engineer with the state of Washingtob. Sec. 11.06.435. Regulated activity. Regulated activity Oieans activities that have a potential to significantly impact a critical area that is subie4 to the provisions of this chapter. Regulated activities generally include but are not limited to M filling dredging dumping or stockpiling, draining, excavating floodi6, clearing or grading constructing or reconstructing, driving pilings obstructing, shading clearing or harvesting. Sec. 11.06J40. Repair or maintenance. Repair or maintenonce means an activity that restores the character, scope, size, and design of a structuge or land use to its previously authorized and undamaged condition. Activities that chghge the character, size or scope of a project beyond the original design and drain dredge fill flood or otherwise alter additional critical areas are not included in this definition. 34 Critical Areas Sec. 11.06.445. Restoration. Restoration means actions taken to reestablish wetland stream or habitat functional values and characteristics that have been destroyed or degraded by past alterations (e.g. filling or grading) See also "Enhancement". Sec. 11.06.450. Secondary habitat. Secondary habitat means areas that offer less diversity of animal and plant species than priority habitat but that are important for performing the essential functions of habitat. See. 11.06.455. Seismic hazard areas. Seismic hazard areas means areas subiect to a risk of earthquake damage due to soil liquefaction These areas generally contain saturated alluvial sediments and poorly compacted fill that either is or can become saturated. These areas are mapped as Category I and Category II liquefaction susceptibility areas on maps contained within: Palmer Walsh Logan Gerstel Liquefaction Susceptibility for the Auburn and Poverty Bay 7 5 Minute Quadrangles Washington Washington State Department of Natural Resources September 1995• Palmer Shasse and Norman Liquefaction Susceptibility for the Des Moines and Renton 7.5 minute Quadrangles Washington, Washington State Department of Natural Resources December, 1994• and Slopes that could fail during an earthquake In the City of Kent these areas generally consist of Vashon ice- contact deposits in areas of 15 percent slope or steeper. Vashon Ice-Contact deposits (Qvi) are mapped in: Luzier, Water Supply Bulletin No. 28 Geology and Ground- Water Resources of Southwestem King County Washington State of Washington Department of Water Resources, 1969. Sec. 11.06.460. Scrub-shrub wetland. Scrub shrub wetland means a wetland with at least thirty(30)percent of its surface area covered by woody vegetation less than twenty (20) feet in height as the uppermost strata. 35 Critical Areas i i Sec. 11.06.405. Sensitive area tract. Sensitive area tract(means a separate tract that is created to protect the sensitive area and its buffer. i Sec. 11.06.410. Site. Site means the location containing a regulated critical area and on which a regulated activity is proposec The location may be a parcel or portion thereof, or any combination of contiguous parcels where a proposed activity may impact a critical area. j Sec. 11.06.415. Slope. Slope means an inclined earth surface the inclination of which is expressed as the ratio of horizontal distance to vertical distance. Sec. 11.06.00. Slope,top. Slope top means tho uppermost limit of an area where the ground surface drops ten feet or more vertically *ithin a horizontal distance of 25 feet on slopes greater than 40 percent. Sec. 11.06.05. Streams. Streams means thoso areas where surface waters produce a defined channel or bed. A defined channel or lied is an area which demonstrates clear evidence of the passage of water and includes but is not limited to bedrock channels eravel beds, sand and silt beds and defined-clannel swales The channel or bed need not contain water year- round This definition is not intended to include artificially created irrigation ditches, canals storm or sgtface water devices or other entirely artificial watercourses unless they are used by saloonids or created for the purposes of stream mitigation. j Sec 11.06.00. Stream reconnaissance report. Stream reconnaissalnce report means a type of critical area report prepared by an agpplicant's qualifiel consultant to describe a stream and to characterize its conditions, wildlife habitat valges and water quality. 36 Critical Areas j Sec. 11.06.495. Structural diversity,veeetative. Structural diversity, vegetation means the relative degree of diversity or complexity of vegetation in a wildlife habitat area as indicated by the stratification or layering of different plant communities (e.g. ground cover, shrub laver and tree canopy); the variety of plant species• and the spacing or pattern of vegetation. Sec 11 06.500. Substantial improvement or reconstruction. Substantial improvement or reconstruction means any repair, reconstruction or improvement the cost of which is more than fifty percent of the market value of the structure either(a) before the improvement is started or (b) before the damage occurred if the structure damaged is being replaced An improvement occurs when the first alteration of any wall ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. Substantial improvement does not include (a) an improvement to comply with existing state or local health sanitary or safety (Uniform Building Code/Uniform Fire Code) specifications which are necessary to assure safe conditions; or (b) alteration of a structure listed on the national Register of Historic Places or a state inventory of historic places. Sec. 11.06.505. Substrate. Substrate means the soil sediment decomposing organic matter or combination of those located on the bottom surface of the wetland, lake, stream or river. Sec. 11.06.510. Temporary erosion control. Temporary erosion control means on-site and off-site control measures that are needed to control conveyance or deposition of earth turbidity or pollutants during development construction or restoration. 37 Critical Areas i i i t Sec. 11.06.515. Unavoidable and necessary impacts. Unavoidable and necessary impacts means impacts to wetlands that remain after an applicant has demonstrated that no practicable alternative exists for the proposed rp oject. 1 i Sec. 11.06.5Z0. Utility. Utility means natural gas electric telephone and telecommunications, cable communications water, sewer, or storm drainage and their respective facilities, lines, pipes, mains, equipr enT t and appurtenances. Sec. 11.06.85. Volcanic hazard area. Volcanic hazard 4a means areas subject to a risk of inundation by lahars or other related flooding ev�gts resulting from volcanic activity originating from Mount Rainer. These areas are mapped as Class M Lahars on maps contained within: Hoblitt, R.P Walder, J S Drieder, C L Scott K M Pringle P.T. and Vallance, J.W., Volcano Hazards from Mount Rainer Washington U.S. Geologic Survey Qpen File Report 98- 428, 1998. Sec. 11.06.00. Wetland. "Wetland" or "we*nds"means areas that are inundated or saturated by surface water or ground water at frequency and duration sufficient to support and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions Wetlands generally_include swamps, marshes, bogs, and similar areas Wetlands do not include those artificial wetlands intentionally created from non-wetland �ites including but not limited to irrigation and drainage ditches, grass-lined swales,j canals detention facilities wastewater treatment facilities, farm ponds and landscape amenities However, wetlands include those artificial wetlands intentionally create4to mitigate conversion of wetlands. Wetlands determined prior converted cropland �TCQ by Federal agencies may still be considered wetlands by the City of Kent If thek wetlands meet requirements of the Washington State Department 38 Critical Areas of Ecology Manual the wetlands shall be regulated, and the critical area shall be protected like any other wetland pursuant to this code. Sec. 11.06.535. Wetland class. Wetland class means the U.S. Fish and Wildlife Service wetland classification scheme uses an hierarchy of systems subsystems classes and subclasses to describe wetland des (refer to USFWS December 1979 Classification of Wetlands and Deepwater Habitats of the United States for a complete explanation of the wetland classification scheme) Eleven class names are used to describe wetland and degwater habitat types. These include: forested wetland scrub-shrub wetland emergent wetland, moss-lichen wetland unconsolidated shore aquatic bed unconsolidated bottom, rock bottom, rocky shore, streambed, and reef Sec. 11.06.540. Wetland edge. Wetland edge means the boundary of a wetland as delineated based on the definitions in ithis chapter and the procedures specified in this chapter. Sec. 11.06.545. Wildlife habitat. Wildlife habitat means areas that provide food protective cover, nesting, loafing, breeding or movement for fish and wildlife and with which individual species have a primary association Wildlife habitat includes naturally_occurring ponds under 20 acres in area. Article IIl. General Mitigation and Monitoring Sec. 11.06.550. Mitigation standards. A Mitigation sequencing shall be avoidance minimization, mitigation. Au proposal to impact a critical area shall demonstrate that it is unavoidable or will provide a greater function and value to the critical area. 39 Critical Areas , B. Adverse impacts to critical area functions and values shall be mitigated. Mitigation actions(shall be implemented in the preferred sequence identified in this chapter. Proposalo which include less preferred and/or compensatory mitigation shall demonstrate that: 1 All jasible and reasonable measures have been taken to reduce impacts and losses to the chi tical area or to avoid impacts where avoidance is required by these regulations. 2 The 6tored created or enhanced critical area or buffer will at a minimum be as via le and enduring as the critical area or buffer area it replaces. 3 In the case of wetlands and streams no overall net loss will occur in wetland or stream Functions and values The mitigation shall be functionally equivalent to the altered wetland or stream in terms of hydrological biological, physical and chemical functionst Sec. 11.06.t60. Location and timing of mitigation. A Mitigation &II be provided on-site where possible unless the director agrees that a higher function and value can be accomplished off-site within the same drainage basin Mitigation'may be allowed off-site only when it is determined, through the SEPA review progess that on-site mitigation is not scientifically feasible or practical due to physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site. B. When mitigation cannot be provided on-site mitigation shall be provided in the same drainage basin as the permitted activity on property owned secured or controlled by the applicant y�here such mitigation is practical and beneficial to the critical area and associated resources Mitigation sites shall be located within the city, unless otherwise approved by the director. C. hi kind mitigation shall be provided except when the applicant demonstrates and the director incurs that greater function and value can be achieved through out- of-kind mitigation. i 40 Critical Areas I i D. When wetland stream or habitat mitigation is permitted by these regulations on- site or off site the mitigation project shall occur near an adequate water supply (river, stream groundwater) with a hydrologic connection to the critical area to ensure a successful mitigation or restoration A natural hydrologic connection is preferential as compared to one which relies upon manmade features requiring routine maintenance. E. Any agreed upon mitigation plan shall be completed prior to issuance of a building or construction permit unless a phased or concurrent schedule that assures completion prior to occupancy has been approved by the department. Sec 11.06.570. Mitigation Monitoring. A For any actions permitted by this chapter which require a mitigation plan, a monitoring program shall be prepared and implemented by the applicant to evaluate the success of the mitigation project and to determine necessary corrective actions. This program shall determine if the original goals and objectives of the mitigation plan are being met The monitoring program shall be submitted to reviewed and approved by the department as a part of the mitigation plan. B. The monitoring program shall include a contingency plan in the event that implementation of the mitigation plan fails to satisfy the approved goals and obi ectives. A performance and maintenance bond or other acceptable security device is required to ensure the applicant's compliance with the terms of the approved mitigation plan. The amount of the performance and maintenance bond shall equal 125 percent of the cost of the mitigation project for the length of the monitoring period. C. The followiniz elements shall be incorporated into monitoring programs prepared to comply with this chapter and shall be a part of the approved mitigation plan. 1 Appropriate accepted and unbiased qualitative or precise and accurate quantitative sampling methods to evaluate the success or failure of the project. 2 Quantitative sampling methods that include permanent photopoints installed at the completion of construction and maintained throughout the monitoring period permanent transects sampling points (e.g., or water quality or quantity monitoring stations) and wildlife monitoring stations. 41 Critical Areas j 3. OeAv sti ulated qualitative and quantitative sampling methods. 4. Apprpriate qualitative and/or quantitative performance standards that will be used to measure the success or failure of the mitigation. These will include, at a minimum, standards for plant survival and diversity, including structural diversity, the extent of wetlandi hydrology, hydric soils, and habitat types and requirements as appropriate. 5. Moni�ring_vrograms shall be for a period of at least five years and include at a minimum: preparation of an as-built plan; annual monitoring and preparation of annul monitoring reports following implementation; and a maintenance plan. More stringelnt^ mpg requirements may by e required on a case-by-case basis for more complex 02iti ag tion plans. 6. Monitoring reports shall be submitted to the department at intervals identified in the approved mitigation plan. A schedule for the submittal of monitoring reports and maintenance periods shall be described in the approved mitigation plan. The reports shall �e prepared by a qualified consultant and must contain all qualitative and quantitative monitoring data, photographs, and an evaluation of each of the applicable performance standards. If performance standards are not being met, appropriate corrective or contingency measures must be identified and implemented to ensure that perfonmance standards will be met. 7. The Idirector may extend the monitoring period beyond the minimum timeframe if performance standards are not being met at the end of the initial five-year period,• and requite additional financial securities or bonding_to ensure that any additional monitor ng and contingencies are completed to ensure the success of the mitigation. j Article IV. Wetlands Sec. 11.06.080. Wetlands Rating System. The following rating system is hereby adopted for!the purpose of determining the size of wetland buffers and for the review of pen-nits finder this chapter. For the purposes of this section the U.S. Fish and Wildlife Service's Classification of Wetlands and Deepwater Habitats of the United i 42 Critical Areas ! States FWS/OBS-79-31 (Cowardin et al. 1979) contains the descriptions of wetland classes and subclasses. A Category 1 wetlands Wetlands which meet any of the following criteria: 1 The documented presence of species proposed or listed by the federal or state goverment as endangered threatened or other species identified by the State Department of Natural Resources through its natural heritage data or by the State Department of Wildlife as a priority species or the presence of critical or outstanding actual habitat for those species. 2 Wetlands equal to or greater than two (2) acres in size having forty (40) percent to sixty(60)percent permanent open water in dispersed patches with two (2) or more classes of vegetation. 3 Wetlands equal to or greater than ten (10) acres in size and having three (3) or more wetland classes one of which is open water. 4. The presence of bogs or fens. B. Category 2 wetlands Wetlands which meet any of the following criteria, and which are not category 1 wetlands: 1. Wetlands greater than one (1) acre in size. 2 Wetlands equal to or less than one(1) acre in size and having three (3) or more wetland classes. 3 Wetlands equal to or less than one (1) acre but greater than 1000 sq. ft., that have a forested wetland class. 4 Wetlands that contain the documented presence of heron rookeries or raptor nesting sites. C. Catezory 3 wetlands Wetlands which meet the following criteria, and which are not category 1 or 2 wetlands. 1 Wetlands that are equal to or less than one (1) acre in size and that have two (2)or fewer wetland classes. • 43 Critical Areas Seca 11.06.190. Determination of wetland boundary by delineation. A. Delineation$ shall be required when a development is proposed on property containing wetlands identified on the city of Kent wetland inventory or when an other ther credible evidence play suggest that wetlands could be present. Delineations shall also be performed whgn the evidence suggests that buffers from wetlands on adjacent properties may impact the proposed development. B. The exact Ikation of the wetland boundary shall be determined through the performance of a fi�ld investigation applying the wetland definition of this chapter. An applicant may requ�st the department to perform the delineation, provided the applicant pays the department for all necessary expenses associated with performing the delineation. The jepartment shall consult with qualified professional scientists and technical experts qr other experts as needed to perform the delineation. Where the applicant has provided a delineation of the wetland boundary, the department shall verify the accuracy of, and may render adjustments to, the boundary delineation. The decision of the dedartment may only be appealed pursuant to procedures outlined in this chapter. C. The delineation shall contain the following information: 1. A y i tten assessment and accompanying maps of wetlands and buffers within 100-feet of the project area, including the following information at a minimum: all known wetland' inventory maps (including_a copy of the city of Kent Wetland Inventory Map); wetland delineations and required buffers; existing wetland acreage; wetland category; �epetative, faunal and hydrologic characteristics; soil and substrate conditions; and topographic data. 2. A discussion of measures, including avoidance, minimization, and mitigation proposo to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land use activity_ 3. A habitat and native vegetation conservation strategy that addresses methods to protect end enhance on-site habitat and wetland functions. D. A wetland delineation which has been confirmed by the department pursuant to SEPA review for a kroposed project shall be binding upon the city and the applicant. If 44 Critical Areas j i a wetland delineation report has not gone through SEPA review as a part of the application process, and the city has approved a wetland delineation report for another purpose, the wetland delineation report shall be valid for a period of two (2) years from the date of the approved report. Sec. 11.06.600. Wetland buffers and building setback lines. A. Standard buffer widths. Wetland buffer zones shall be required for all regulated activities adjacent to wetlands. Any wetland created, restored or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field. The width of the wetland buffer zone shall be determined according to the rating assigned to the wetland. Wetland Cate o Minimum Buffer 1 125 feet 2 75 feet 3 50 feet B. Enhanced buffer widths. Enhanced wetland buffers may be used to satisfy landscaping requirements where the city determines that the buffer, as enhanced by the applicant, will provide greater protection of wetland functions, and will serve the same function as landscaping that would otherwise be required pursuant to Ch. 15.07 KCC. Approved landscaping vegetation must meet wetland buffer vegetation requirements. C. Building setback lines. A minimum building setback line of fifteen (15,) feet shall be required from the edge of a wetland buffer unless otherwise approved by the director: Alterations of the building setback lines shall not be permitted to create additional lots for subdivisions, but only to make reasonable use of existing properties. Approval of alterations of the BSBL shall be provided in writing by the director, or his/her designee, and may require mitigation such as buffer enhancement. 45 Critical Areas i i D. Increased wetland bu,(eer width. The director may require increased buffer widths on a case-b -case basis when a larger buffer is necessary to protect wetland functions and values based on local conditions in accordance with recommendations of a qualified professional biologist and best available science (BAS). This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the 1 functions and values of the wetland. The documentation must demonstrate that: 1. A 141ger buffer is necessary to protect the function and values of the wetland; 2. A urger buffer is necessary to maintain a viable population of existing species; 3. Thej wetland is used by species listed by the federal government or the state as endangered threatened sensitive or documented priority species or habitats, or essential or outstabding potential habitats for those species or has unusual nesting or resting sites such as heron rookeries or raptor nestingtrees: rees: 4 They adjacent land is susceptible to severe erosion and erosion control measures will not tffectively prevent adverse wetland impacts: or 5 The!adjacent land has minimal vegetation cover or slopes greater than fifteen(15) perms E. Standard Wer width averaging. Standard wetland buffers may be modified by averaging buffer v idths Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following: 1 Avgaging will provide the necessary biological, chemical and physical support necessary;to protect the wetland in question taking into account the type, intensity, scale landscaping and the location of the proposed land use. 2 The wetland contains variations in sensitivity due to existing physical characteristics whi�h iustify the averaging. 3 The proposal minimizes disturbances caused by land uses in areas adjacent to any buffers which are reduced. 4 Width averaging will not adversely impact the wetland functional values. 46 Critical Areas i i 5 The total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffers for Category 2 wetlands be reduced to less than 50 feet in width and Category 1 wetlands less than 85 feet in width Buffer averaging shall not be permitted for Category 3 wetlands. 6 In instances where decreased buffers occur, the director or designee shall have the ability to require an applicant to submit and receive approval of a wetland buffer enhancement plan to ensure wetland buffer functions are maintained. 7 The functions and values of the averaged buffer are consistent with BAS; the buffer is planted or will be planted with native vegetation; and no portion of the buffer averaged areas contain slopes that are greater than 10%. F. Buffer condition Except as otherwise specified wetland buffers shall be retained in their natural condition Where buffer disturbance has occurred during construction re vegetation with native vegetation shall be required pursuant to an Uproved mitigation plan consistent with this code. G. Permitted uses in a wetland buffer. Activities shall not be allowed in a buffer except for the following and when properly mitigated: 1 When the improvements are part of an approved enhancement, restoration or mitigation plan. 2 For construction of new public roads and utilities, and accessory structures when no practicable alternative location exists. 3 Construction of foot trails according to the following criteria: a Constructed of permeable materials. b Designed to minimize impact on the stream system. c Of a maximum width of eight f 81 feet. d Located within the outer half of the buffer, i.e. the portion of the buffer that is farther away from the stream except to cross a stream when approved by the City and all other applicable agencies. 4 Construction of footbridges and boardwalks. 5 Construction of educational facilities such as viewing platforms and • informational signs. 47 Critical Areas I 6. The !construction of outdoor recreation such as fishing piers, boat launches,benches. 7. Maintenance of pre-existing facilities or temporary uses having minimal adverse impacts onl buffers and no adverse impacts on wetlands. These may include but are not limited t9: maintenance of existing drainage facilities, low intensity passive recreational activities such as pervious trails, nonpermanent wildlife watchingblinds, inds, short term scientifio or educational activities, and sports fishing. 8. Storr4water discharge outlets with energy dissipation structures as approved by the city of Kent. These shall be located near the outside portion of the buffer. Mitigation §ball be required for impacts to the buffer. 9. On-going maintenance activities by the dity of Kent vegetation management division of public works and parks department shall be permitted to continue general maintenance of wetlands and associated buffers. Maintenance shall include but not bi limited to trash removal, removal of non-native vegetation, maintenance of exi$ing vegetation as necessary, restoration, enhancement and sign and fence maintenance. Sec. 11.06.40. Avoiding wetland impacts. Regulated activities shall not be authorized in Category 1 wetlands except where it can be demonstrated that the impact is both unavoidable�nd necessary as described below, or that all reasonable economic uses are denied. A. Where watej�-dependent activities are proposed, unavoidable and necessary impacts may be permitted where no reasonable altematives exist which would not involve wetland impacts; or which would not have less of an adverse impact on a wetland; and tha4 would not have other significant adverse environmental consequences. B. Where non-6ter-dependent activities are proposed, the a licanf must demonstrate that: 1. The basic project purpose cannot reasonably be accomplished using an alternative site in th@ general region that is available to the applicant. 48 Critical Areas i I 2. A reduction in the size, scope, configuration, or density of the project as proposed; and all alternative designs of the project as proposed that would avoid, or result in less adverse impacts on a wetland or its buffer will not accomplish the basic purpose of the prof ect. 3. In cases where the applicant has rejected alternatives to the project as proposed due to constraints such as zoning deficiencies of infrastructure, or parcel size, the applicant has made reasonable attempt to remove or accommodate such constraints. Sec. 11.06.620. Limits of impacts to wetlands. A. For wetlands where buffers are not connected to riparian corridors, (Category 3 wetlands and Category 2 wetlands which are not Category 3 wetlands only because they exceed one (1) acre in size) the following applies: regulated activities which result in the filling of no more than ten thousand (10,000) square feet of a wetland may be permitted if mitigation is provided consistent with the standards. B. In computing the total allowable wetland fill area under this subsection, the . director shall include any areas that have been filled since January 1, 1991. For example if five thousand (5,000) square feet of a wetland were filled in February, 1991 future applicants would only be allowed a maximum of five thousand (5,000) additional square feet under this subsection. Any proposed fill over ten thousand (10,000) square feet must demonstrate unavoidable and necessary impacts. Sec. 11.06.630. Fencing and signage. All development and subdivisions to which this chapter applies shall construct a wildlife passable fence along the entire buffer edge unless otherwise approved by the director. Wetland Sensitive Area Signs must also be attached to the fence or located just inside the wildlife passable fence attached to a 4 x 4 cedar post (or other non-pressure treated materials approved by the city) Signs must be located at a rate of one sign per residential lot and one sign per 100 feet for all public rights of way, trails,parking areas,playgrounds and all other uses located adjacent to wetlands and associated buffers. �I 49 Critical Areas i Sec. 11.0!S640. Sensitive area tracts/easements. A. Condition approval. As a condition of approval pursuant to this chapter, the director shall require creation of a separate sensitive area tract containing the areas determined to be l wetland and/or wetland buffer. Sensitive area tracts\easements are separate tracts co taining wetlands and wetland buffers with perpetual deed restrictions requiring that the Ltract remain undeveloped Sensitive area tracts are an integral part of the lot in which t4ey are created are not intended for sale lease or transfer, and may be included in the aria of the parent lot for purposes of subdivision method and minimum lot size. B. Protection of sensitive area tracts The director shall require that a sensitive area be protected by one (1) of the following methods: 1 Thy applicant shall dedicate to the city or other public or nonprofit entity specified by the director, an easement or tract for the protection of native vegetation within a wetland 4d/or its buffer, or 2 Tho applicant shall record against the property, a permanent and irrevocable deed testriction on all lots containing a sensitive area tract or tracts created as a condition of!approval. Such deed restriction(s) shall be approved by the director and the city attorney and prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area tract except for pumoses of habitat enhancement as +part of an enhancement project which has received prior written approval from the city and any other agency with jurisdiction over such activity. i Sec 11.04.650. Notice on title The owner of any property with field verified presence of wetlands or wetland buffers for which a permit application is submitted shall as a condition of permit issuance record a notice of the existence of such wetland or wetland buffe4 against the property with the King County Recorder's Office. The notice shall be aAproved by the director and the city attorney for compliance with this provision The titleholder will have the right to challenge this notice and to have it deleted if the wetland designation no longer applies however the applicant shall be responsible for completing a wetland delineation report which will be subject to 50 Critical Areas I I • � oval val by the director. Any unapproved alterations of a wetland will result in a code violation and will be enforced to the fullest extent of Kent City Code. Sec. 11.06.660. Compensating for wetland impacts. A Condition of approval As a condition of any approval allowing alteration of wetlands and/or wetland buffers or as an enforcement action, the director shall require that the applicant engage in the restoration creation or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant's or violator's actions The applicant shall develop a plan that provides for land acquisition construction maintenance and monitoring of replacement wetlands that recreate as nearly as practicable or improves the original wetlands in terms of acreage, function, geographic location and setting. B. Goal The overall goal of any compensatory mitigation project shall be to replace the wetland lost with appropriate functions and values. No net loss of wetland acreage or function shall be approved. Compensation shall be completed prior to • wetland destruction where practicable Compensatory mitigation programs shall incorporate the standards and requirements contained in sections 11.06.550 and 11.06.560, above. C. Restoration and creation of wetlands and wetland buffers. Any person who alters wetlands shall restore or create equivalent areas or greater areas of wetlands than those altered in order to coMpensate for wetland losses. Any created or restored wetlands shall be protected by the provisions of this chapter. D. Acreage replacement and enhancement ratio. Wetland alterations shall be replaced or enhanced using the formulas below, however the director may choose to double mitigation ratios in instances where wetlands are filled or impacted as a result of code violations. The first number specifies the acreage of wetlands requiring replacement and the second specifies the acreage of wetlands altered. These ratios do not apply to remedial actions resulting from illegal alterations. 1 Compensation for alteration of Category 1 wetlands shall be accomplished as follows: • a By creation of new wetlands at a ratio of three (3) to one(1); 51 Critical Areas i b. Bl creation of new wetlands at a ratio of one (1) to one ley enhancement of existing wetlands at a ratio of three (3) to one (1 c. B.� a combination of creation of new wetlands and enhancement of existing wetlands mtithin the range of the ratios set out in subsections (a) and above, so long as a minimum one (1) to one (1) creation ratio is met (for example, creation of new wetlands at a pne and one-half(1.5) to one (1) ratio along with enhancement of existing wetlands aA a ratio of two and one-half(2.5)to one (1) may be acceptable). 2. Compensation for alteration of Category 2 and 3 wetlands shall be accomplished as follows: a. BN creation of new wetlands at a ratio of one and one-half (1.5) to one 1 b. BN creation of new wetlands at a ratio of one (1) to one (1) and by enhancement of existing wetlands at a ratio of one (1)to one (1); or c. ft a combination of creation of new wetlands and enhancement of existing wetlands Within the range of ratios set out in subsections (a) and (b) above, so long as a minimum lone(1) to one(1) creation ratio is met. E. Decreased "eplacement ratio. The director may decrease the required replacement ratio $7here the applicant provides the mitigation prior to altering the wetland, and a min6um acreage replacement ratio of one (1) to one (1) is provided. In such a case, the mitigation must be in place, monitored for three (3) growing seasons and be deemed a su"ess prior to allowing any alterations. F. Wetlands entancement. 1. Anyiapplicant proposing to alter wetlands may propose to enhance existing Category wetlands and Category 3 wetlands in order to compensate for wetland losses. 2. Not i 11 Category 2 and 3 wetlands are in need of enhancement. If an applicant proposes�to complete enhancement of an existing wetland the proposed enhancement shall be consistent with best available science and shall be approved by the department. i 52 Critical Areas I I 3 A wetlands enhancement compensation project shall be considered, provided that enhancement for one function and value will not degrade another function or value Acreage replacement ratios for enhancement shall be 3:1. 4 Category 1 wetlands shall not be enhanced as the only method of mitigation Category 1 wetlands shall be mitigated pursuant to the provisions of this chapter. G. Wetland/Habitat Bank Mitigation may be allowed within a Wetland/Habitat Mitigation Bank located within the City of Kent once a bank is formed. Proposed developments must continue to demonstrate avoidance minimization, mitigation prior be allowed to mitigate using a wetland bank site. Feasibility of on-site mitigation will be required to be prior to allowing mitigation credits from a mitigation bank. H. Wetland type In-kind compensation shall be provided except that, out-of-kind compensation may be accepted where: 1 The wetland system to be replaced is already significantly degraded and out-of-kind-replacement will result in a wetland with greater functional value. 2 Technical problems such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impracticable. 3 Out-of-kind replacement will best meet identified regional goals (e.g., r_placement of historically diminished wetland types). I Location On-site compensation shall be provided except where the applicant can demonstrate that: 1 The hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the onsite loss. 2 On-site compensation is not scientifically feasible due to problems with hydrology, soils, or other factors. 3 Compensation is not practical due to potentially_adverse impacts from surrounding land uses. 4 Existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values. 53 Critical Areas i 5 Established regional goals for flood storage flood conveyance,habitat or other wetland flinctions have been established and strongly justify location of compensatory meoures at another site. J. Off-site compensation Off-site compensation shall occur within the same drainage basin ajthe wetland loss occurred unless the applicant can demonstrate extraordinary hardship K. Off-site co�pensation site selection. In selecting compensation sites for creation or enhancement applicants shall pursue siting in the following order of preference: 1 Upland sites which were formerly wetlands and significantly degraded wetlands Such witlands are typically small,• have only ne (1) wetland class, and have one (1) dominant Olant species or a predominance of exotic species. 2 Idloupland sites generally having bare ground or vegetative cover consistingprimar4y of exotic introduced species weeds, or emergent vegetation. 3. Other disturbed upland. L. Timing kere feasible compensatory_projects shall be completed prior to activities that wild disturb wetlands or immediately after activities that will temporarily disturb wetlands Or prior to use or occupancy of the activity or development which was, conditioned uponisuch compensation Construction of compensation projects shall be timed to reduce ii*pacts to existing wildlife and flora. M Completio$ of mitigation construction On completion of construction, any pproved mitigation project must be signed off by the applicant's qualified consultant and approved by(he department A signed letter from the consultant will indicate that the construction 'has been completed as approved and approval of the installed mitigation plan will begin the monitoring period if appropriate. Adicle V. Fish & Wildlife Habitat Conservation Areas Sec. 11.06�670, Stream classifications and rating. A To promo4e consistent application of the standards and requirements of this chapter, streams within the City of Kent shall be rated or classified according to their characteristics fiction and value and/or their sensitivity to disturbance. 54 Critical Areas B. Classification of streams shall be determined by the department based on consideration of the following factors: 1 Approved technical reports submitted by qualified consultants in connection with applications for activities subiect to these regulations 2 Application of the criteria contained in these regulations, and 3 Maps adopted pursuant to this chapter,• C. Streams shall be designated Types 1 through 3 as follows: 1 Type 1 Water — means all shorelines identified in the Kent Shoreline Master Program. 2 Type 2 Water-means salmonid bearing segments of natural waters not classified as Type 1 Water, with documented sahnonid use. This category also refers to lakes ponds or impoundments having a surface area of 1 acre of greater at seasonal low water. Salmonid Bearing waters are used by fish for spawning, rearing or migration- 3.. Type 3 Water — means non-salmonid segments of natural waters not classified as Type 1 or 2 Waters These are stream segments within the bankfull width of defined channels that are perennial and intermittent non-salmonid habitat streams. These waters beat a point along the channel where documented salmonid fish use ends. Sec 11 06 680 Stream buffer areas setbacks, fencing and signage. A. General provisions. 1 The establishment of buffers shall be required for all development proposals and activities in or adjacent to streams The purpose of the buffer shall be to protect the integrity, function value and resources of the stream. Buffers shall typically consist of an undisturbed area of native vegetation established to achieve the purpose of the buffer. No buildings structures impervious surfaces or non-native landscaping shall be allowed in a buffer unless otherwise permitted by this chapter. If the site has previously been disturbed the buffer area shall be re-vegetated pursuant to an approved enhancement plan Where flexible buffer widths are permitted by this chapter, such enhancement shall be considered in determining appropriate buffer widths. Buffers 55 Critical Areas shall be protected During construction by placement of a temporary barricade, notice of the presence of the critical area and implementation of appropriate erosion and sedimentation controls Restrictive covenants or conservation easements will be required to providiong-term preservation and protection of buffer areas. 2 Regjuired buffer widths shall reflect the functions and values of the stream the risks issociated with development and the type and intensity of human activity proposed to be conducted on or near the stream in those circumstances where such activity is petmitted by these regulations. 3 All istream buffers shall have a minimum building setback line, as defined by this chipter, of 15-feet from the edge of all stream buffers. 4 All jstream buffers shall have a wildlife passable fence installed at the edge of the buff# Fencing shall consist of split rail cedar fencing (or other non- pressure treated Materials approved by the city) The fencing shall also include sensitive area sigrage at a rate of one (1) sign per lot or one (1) sign per 100 feet for large parcels and along public right of way whichever is greater. B. Standard er widths The following standard buffers are established for streams as measured from the ordinary high water mark. Stream Standard Buffer T e Type 1 Per Kent SMP Type 2 100 feet Type 3 40 feet C. Valley stream buffers. A special stream buffer and mitigation/enhancement program shall apply to the industrialized areas adjacent to portions of Mill Creek Garrison Creek And Springbrook Creek on the valley floor. These areas are substantially developed for industrial uses and existing historical setbacks are typically less than 50 feet j Existing buffers are degraded These areas are generally identified by the Valley St�ie�verlay Map The Valley Stream Overlay area is generally described as that larea beginning at the Kent city limits where the Green River and South 180`h StreO intersect following 180`h Street easterly to the eastern right-of-way line to SR 167 then moving south along the SR 167 eastern right-of-way line to the 56 Critical Areas intersection of 9e Avenue South then along the Green River Valley floor to West Smith Street then east along West Smith Street to East Titus Street, then along East Titus Street to Central Avenue then following the Green River Valley floor to the Green River,then following the eastem edge of Green River to the point of beginning. 1. Stream buffers shall be 50 feet. 2 The goal of the special pro rg am applicable to these streams shall be to enhance existing vegetation and habitat to accomplish sediment removal and erosion control pollutant removal placement of large woody debris, and particularly to control water temperature These objectives can be accomplished with the required buffers. 3 A buffer management and enhancement plan shall be required, consistent with the mitigation performance standards in this section. 4 Buffer reductions or averaging shall not be permitted except as permitted through the reasonable use provisions of section 11.06.090, or the variance provision of section 11.06.100 of these regulations. D. Increased biers A buffer width greater than the standard may be required by • the city based on the findings of site-specific studies prepared consistent with these regulations or to comply with state or federal plans to preserve endangered or threatened species. E. Buffer averaging The department may permit buffer widths to be averaged for Type 2 streams only, in accordance with the stream report, subject to the following criteria: 1. Stream functions will not be reduced. 2 Salmonid habitat will not be adversely affected. 3 Additional enhancement of habitat is provided in conjunction with the reduced buffer. 4 The total area contained in the buffer area after averaging is not less that what would be contained in the standard buffer. 5 The buffer width is not reduced by more than 50 percent in any location. 6 All reduced buffers shall be mitigated through buffer enhancement pursuant to the requirements of section 11.06.550, • 57 Critical Areas i F. Activities jithin buffer. No structures or improvements shall be permitted within the streamibuffer area including buildings decks docks, except as otherwise permitted by this section by the citVs adopted Shoreline Master Program, or under one of the following circumstances: I When the improvements are part of an approved enhancement restoration or mitigation plan; or 2 Construction of new public roads and utilities and accessory structures, when no feasible 41ternative location exists; or 3 Construction of foot trails according to the following criteria: a. Constructed of permeable materials. b Designed to minimize impact on the stream system. c. Of a maximum width of eight(8) feet. d ,Located within the outer half of the buffer, i.e., the portion of the buffer that is farther away from the stream except to cross a stream when approved by the city and all otWer applicable agencies. 4 Construction of footbridges and boardwalks. 5 Construction of educational facilities such as viewing platforms and informational signs. 6 Stotmwater discharge points and energy dissipation structures, provided mitigation and enhancement is completed and approved by the city. G. Protection o4streams/b_f ers Long term protection of a regulated stream and its associated buffer hall be provided by placing it in a separate tract on which development is brohibited• executing an easement: dedication to a conservation organization or I nd trust,• or similarly preserved through a permanent protective mechanism acceptable to the city. The location and limitations associated with the stream and its bu�'fer shall be shown on the face of the deed or plat applicable to the property and shalli be recorded with the King County Recorder's Office. H. Buffer widt�l variances Required buffers shall not deny all reasonable use of property. A variance from buffer width requirements may be granted by the city subject to the variance criteria set forth in section 11.06.100 of these regulations. Variances to buffers shall require a buffer enhancement plan pursuant to section 58 Critical Areas i 11.06.550 including bonding pursuant to section 11.06.560. Prior to obtaining a variance the applicant must demonstrate that all other reasonable alternatives including avoidance minimization and buffer-averaging have been explored and would prohibit all reasonable economic use of the property. I. Buffer enhancements. The applicant may propose to implement one or more enhancement measures listed in order of preference below, which will be considered in establishing buffer requirements: 1 Removal of fish barriers to restore accessibility to anadromous fish. 2 Enhancement of fish habitat using log structures incorporated as part of a fish habitat enhancement plan. 3 Creating or enhancing the surface channel if approved by the Washington Department of Fish and Wildlife. 4. Planting native vegetation within the buffer area, especially vegetation that would increase value for fish and wildlife, increase stream bank or slope stability, improve water quality, or provide aesthetic/recreational value. 5 Landscaping outside the buffer area with native vegetation or a reduction in the amount of clearing outside the buffer area. 6 Enhancement of wildlife habitat by adding structures that are likely to be used by wildlife including wood duck houses, bat boxes, nesting_platforms, snags, rootwads/stumps,birdhouses, and heron nesting areas. 7. Additional mitigating measures may include but are not limited to the following: a Creating a surface channel where a stream was previously culverted or piped. b. Removing or modifying existing stream culverts (such as at road crossings) to improve fish passage and flow capabilities which are not detrimental to fish. c Upgrading retention/detention facilities or other drainage facilities beyond required levels. d similar measures determined to be appropriate by the department. 59 Critical Areas See. 11.06. 990. Alteration or development—standards and criteria. Alteration pf streams and/or their established buffers may be permitted by the department subject to the criteria of this section. Standards for mitigation of impacts to critical areas are identified in section 11 06.550 of these regulations. A Alteration hall not degrade the functions and values of the stream. B. Activities 1pcated in water bodies and associated buffers, used by anadromous fish shall g va a sjecial consideration to the preservation and enhancement of fish habitat, including but not limited to the following: 1 TW activity is timed to occur only within the allowable work window for the particular species. 2 The;activity is designed so as not to degrade the functions and values of the habitat and anj impacts are mitigated. 3. An �lternate location or design is not feasible. C. Relocation iOf a Type 2 or 3 stream solely to facilitate general site design shall not be permitted Relocation of a stream may be permitted only when it is part of an approved mitigati§n or enhancement/restoration plan and will result in equal or better habitat and water QualijL and will not diminish the now capacity of the stream. D. Bridges shall be used to cross Type 1 streams,• boring/micro-tunneling may be considered for u lity crossings if it would result in the same or lower impacts as bridging. E. All new 41verts shall be designed following guidance provided in the Washington Dogjqment of Fish and Wildlife's document: "Design of Road Culverts for Fish Passage 0003" (or most recent version thereof). The applicant shall obtain a HPA from the Department of Fish and Wildlife. Culverts are allowed only in Type 2, and 3. F. The applicant or successors shall at all times keep any culvert free of debris and sediment to all ow free passage of water and if applicable, fish. G. The city mjy require that a culvert be removed from a stream as a condition of approval unless �he culvert is not detrimental to fish habitat or water quality, or removal would beta long term detriment to fish or wildlife habitat or water quality. 60 Critical Areas Sec 11 06 700 Mitigation performance standards. The performance standards in this section and the standards in sections 11.06.550 and 11.06.560 shall be incorporated into mitigation plans submitted to the city for impacts to streams. Mitigation plans are subject to approval by the city 6f Kent. A Use plants native to the Puget Lowlands or Pacific Northwest ecoregion; nonnative introduced plants or plants listed by the Washington State Department of Agriculture as noxious weeds (WAC 16-750) shall not be used. B. Use plants adapted to and appropriate for the proposed habitats and consider the ecological conditions known or expected to be present on the site. C. Avoid planting significant areas of the site with species that have questionable potential for successful establishment such as species with a narrow range of habitat tolerances. D. Specify plants that are commercially available from native-plant nurseries or available from local sources, if collecting some or all native plants from donor sites collect in accordance with ecologically accepted methods, such as those described in the Washington Native Plant Society's Policy on Collection and Sale of Native Plants, that do not jeopardize the survival or integrity of donor plant populations. E. Use perennial plants in preference to annual species,• annuals shall be planted following the second or third year after initial installation of plantings to deternune the success of initial plantings and maintenance practices Annual plants shall only be used if mitigation monitoring determines that native plants are not naturally colonizing the site or if species diversity is unacceptably low compared to approved performance standards. F. Use plant species high in food and cover value for native fish and wildlife species that are known or likely to use the mitigation site (according to reference wetlands published information and professional judgment). G. Install a temporary irrigation system and specify an irrigation schedule unless a sufficient naturally-occurring source of water is demonstrated. H. Confine temporary stockpiling of soils to upland areas. Unless otherwise approved by the department comply with all applicable best management practices for i 61 Critical Areas i clearing,_grading and erosion control to protect any nearby surface waters from sediment and turbidity. I Show den4ties and placement of plants These should be based on the ecological tolerances of species proposed for planting. J. Provide sufficient specifications and instructions to ensure proper placement diversity and spacig of seeds tubers bulbs rhizomes springs, plugs, and transplanted stock and other ha itat features to provide a high probability of success, and to reduce the likelihood of irolonged losses of wetland functions from proposed development. Prepare contin e€eocy plans as described in section 11.06.550 for all mitigation proposals. K. Do not reNi on fertilizers and herbicides to promote establishment of plantings. If fertilizers are u$ed they must be approved in writing by the department and other applicable agencies and shall be applied per manufacturer specifications to planting holes in organic! or time-release forms such as Osmocote® or comparable formulations and never broadcast on the ground surface; if herbicides are used to control invasive species or noxious weeds and to help achieve performance standards, only those approved for use in aquatic ecosystems by the Washington Department of Ecology shall be!used Herbicides shall only be used in conformance with all applicable laws and regulations and be applied per manufacturer specifications by an gpplicator licensed in the state of Washington. Sec 11 061V10 Wildlife habitat classification and rating. Wildlife habitat areas subiect to these regulations include habitat classified as "critical"habitat aid"ponds"according to the criteria in this section. A "Critical habitat" are those habitat areas which meet any of the following criteria: 1 Thel documented presence of species or habitat listed by federal or state agencies as "endangered" "threatened" "candidate" "sensitive"or"priority". 2 Thel presence of unusual nesting or resting sites such as heron rookeries or raptor nesting lees This provision shall be limited to raptors which are included within the listed categories of wildlife noted in paragraph (a) above and shall apply to 62 Critical Areas active nests To demonstrate that a nesting site is inactive and not subject to these regulations an applicant must monitor the nesting site during construction and submit a report documenting that it is not currently beingused sed by the relevant species. B. "Ponds" (deepwater aquatic habitat) as defined in this chapter, which are important to and support a wide variety of species of fish wildlife or vegetation. Sec. 11.06.720. Wildlife habitat buffer areas and setbacks. A Buffer widths for critical habitat areas shall be determined by the department, based on an critical area report prepared by the applicant pursuant to this chapter and consideration of the following factors. 1. Research and evaluation of best available science sources relevant to species and habitat present within the city, as documented in City of Kent Best Available Science Review for Fish and Wildlife Habitat Conservation Areas, 2004,or amendments thereto. 2 Species-specific management guidelines of the Washington Department of Fish and Wildlife. 3. Recommendations contained in the wildlife study submitted by a qualified consultant following the reporting requirements of these regulations. 4 The nature and intensity of land uses and activities occurring on the site and on adiacent sites Buffers are encouraged but are not required for secondary habitat. B. Buffers for ponds shall be 75 feet plus a 15-foot BSBL. C. Wildlife habitat buffer widths may be modified by averaging buffer widths. If buffer averaging is approved it shall include enhancement or restoration of buffer quality. D. Certain uses and activities which are consistent with the purpose and function of the habitat buffer and do not detract from its inte rgity may be permitted by the department within the buffer depending on the sensitivity of the habitat area. Examples of uses and activities with minimal impact which may be permitted in appropriate cases include permeable pedestrian trails fishing piers and viewing platforms, and utility • easements provided that any impacts to the buffer resulting from permitted facilities 63 Critical Areas i shall be miti ag ted 1 When permitted such facilities should be located in the outer ten feet(10') of the buffer,unless otherwise approved by the director. E. Long term protection of critical habitat areas and their associated buffer(s) shall be provided byplocinQ them in a separate tract on which development is prohibited; protection by exegution of an easement,• dedication to a conservation organization or land trust; or a sioilar permanent protective mechanism acceptable to the city. The location and limitations associated with the habitat and its buffer shall be shown on the face of the deed oTplat applicable to the property and shall be recorded with the King County Recorder'N Office. Sec 11.00,30. Alteration or development of wildlife habitat. A Critical Ha itat• Alterations of critical habitat shall be avoided, subject to the variance or reasonable use provisions of this chapter. B. Where peOitted by these regulations alteration shall not degrade the functions and values of the Y abitat. Sec 11 06 740 Performance standards for mitigation planning. A The perfor2ance standards in this section and the general standards in Section 11 06 550 of this chapter, shall be incorporated into mitigation plans submitted to the department for impacts to wildlife habitat The following additional mitigation measures shall be Incorporated in mitigation planning: 1 Locate buildings and structures in a manner that minimizes adverse impacts on critic4l habitats used by priority threatened or endangered species and identified by the Washington State Department of Fish and Wildlife, National Marine Fisheries Services{and U.S. Fish and Wildlife Services. 2 integrate retained habitat into open space and landscaping 3 WhVrever possible consolidate critical habitats into larger, unfragmented, contiguous blocks. 4 Use! native plant species for landscaping of disturbed or undeveloped areas and in any habitat enhancement or restoration activities. 64 Critical Areas 5 Create habitat heterogeneity and structural diversity that emulates native plant communities described in Natural Vegetation of Oregon and Washington (Franklin J F and C T DMess 1988) or other regionally recognized publications on native landscapes. 6 Remove and/or control any noxious and invasive weeds or exotic animals which are problematic to the critical habitat area as determined by the Department. 7 Preserve significant or existing native trees preferably in stands or groups consistent with achieving the goals and standards of this chapter. B. On completion of construction any approved mitigation project must be signed off by the applicant's qualified consultant and approved by the department. A signed letter from the consultant will indicate that the construction has been completed as approved and approval of the installed mitigation plan will begin the monitoring period if appropriate. Article VI. Geological Hazard Areas Sec 11 06 760. Alterations of geologic hazard areas. A Criteria Alterations of geological hazard areas or associated buffers may only occur for activities that meet the following criteria: 1 Will not increase the existing threat of the geological hazard to adjacent properties 2 Will not adversely impact other critical areas. 3 Are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than pre-development conditions. 4 Are certified as safe as designed under anticipated conditions by a qualified engineer or geologist licensed in the state of Washington. The department may condition or deny_proQosals as appropriate to achieve these criteria Conditions may include limitations of proposed uses modification of density, alteration of site layout and other appropriate changes to the proposal. 65 Critical Areas i B. Essential ublic facilities Public emergency, health, and safety facilities and public utilities sh411 not be sited within geologically hazardous areas unless there is no other practicable alternative. C. Landslide&azard Areas. 1 Attrations to landslide hazard areas may be permitted based on the findings and recommendations of a geologic report prepared consistent with the requirements of this chapter and certifving_that the development complies with the criteria in subsection A. above. 2 VA I ess otherwise provided or as a necessary part of an approved alteration removal of any vegetation from a landslide hazard area or buffer shall be prohibited except for removal of hazard trees as verified by the department. 3 Veaetation on slopes within a landslide hazard area or buffer which has been damaged b} human activity or infested by noxious and invasive weeds may be replaced with vgotation native to Kent pursuant to an enhancement plan approved by the department the use of hazardous substances pesticides and fertilizers in landslide hazard areas anq their buffers is prohibited unless otherwise__approved by the department in writing. 4 All alterations shall be undertaken in a manner to minimize disturbance to the landslide hzard area slope and vegetation unless the alterations are necessary for slope stabilization. D. Erosion Hard Areas. 1 Cle4ring in an erosion hazard area is not limited to time of year, except when such restric�ions are recommended in the geotechnical report and approved by the department. 2 Altrations to erosion hazard areas may only occur for activities for which a hazard analysis has been completed and submitted certifying that the development com*lies with the criteria in subsection A. The hazard analysis must be completed in genoral accordance with the requisites described in the geologic report. 3 Whlere the department determines that erosion from a development site in an erosion hazard area poses a significant risk of damage to downstream receiving waters based either on the size of the protect the proximity to the receiving water or 66 Critical Areas I i the sensitivity of the receiving water, the applicant shall be required to provide regular monitoring of surface water discharge from the site. Monitoring reports shall be submitted to the department based on provisions in an approved mitigation plan. If the project does not meet state water quality standards the department may suspend further development work on the site until such standards are met. 4 The use of hazardous substances pesticides and fertilizers in erosion hazard areas is prohibited unless otherwise approved by the Department. E. Seismic hazard areas. 1 Alterations to seismic hazard areas may be allowed only as follows: a The evaluation of site-specific subsurface conditions shows that the proposed development site is not located in a seismic hazard area; b Mitigation based on the best available engineering and geotechnical practices shall be iMlemented which either eliminates or minimizes the risk of damage death or injury resulting from seismically induced settlement or soil liquefaction Mitigation shall be consistent with the requirements of KCC 14.01 and shall be approved by the Building Official, and c Mobile homes may be placed in seismic hazard areas without performing special studies to address the seismic hazard. Such mobile homes may be subject to special support and tie-down requirements. F. Volcanic hazard areas The City shall maintain a map that indicates the location of volcanic hazards. Sites which are located on or within 200 feet of an identified volcanic hazard area shall include a notation on the title to the affected property disclosing the presence of the hazard. Sec. 11.06.750. Buffers and setbacks. A A buffer shall be established to protect geologic hazard areas. Buffers and setbacks shall be established from the top, bottom and sides of critical areas. Unless Permitted by the director, native vegetation within buffer areas shall not be impacted, and shall remain in their natural state The width of the buffer shall be established by the department based on consideration of the following factors: 67 Critical Areas 1 The recommendations contained in the geologic report required by this chapter and prepgred by a qualified consultant. 2. The sensitivity of the geologic hazard in question. 3. The type and intensity of the proposed land use. B. All buffers shall include a minimum fifteen(15) foot BSBL C. When theigeotechnical report demonstrates that due to application of design and en ing eering solutions lesser buffer and setback distances will meet the intent of this regulation such teduced buffer and setback distances may be permitted. 1 M�nimum buffer width for landslide hazard areas shall be equal to the vertical height off the landslide hazard or fifty_(50) feet, whichever is greater, for all landslide hazardlareas that measure 10 feet or more in vertical elevation change from top to toe of sloe as identified in the geotechnical report maps, and field-checking. No disturbance r y occur within the buffer except as provided within this chapter. 2 The buffer may be reduced when a qualified professional demonstrates to the department's satisfaction that the reduction will adequately protect the proposed development adjacent developments and uses and the subject critical area. In no case shall the buffer e less than 25-feet. 3 T§ increase the functional attributes of the buffer, the department may require that the h�ffer be enhanced through planting of indigenous species. 4 The edge of the buffer area shall be clearly staked, flagged, and fenced prior to any site Tearing or construction The buffer boundary markers shall be clearly visible durable,! and permanently affixed to the ground. Site clearing shall not commence until ithe engineer has submitted written notice to the department that buffer requirements of!.this regulation are met Field marking shall remain until all construction andlclearing phases are completed and final approval has been granted by the department. i 68 Critical Areas i Article VII Critical Aquifer Recharge Areas Sec 11 06 770 Critical aquifer recharge areas designation, rating and mapping. A Critical aquifer recharge areas designation Critical aquifer recharge areas (CARA) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365 190-030 (2) CARA have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. These areas include the following: 1 Wellhead protection areas Wellhead protection areas shall be defined by the boundaries of the ten (10) year time of ground water travel, or boundaries established using altemate criteria approved by the Department of Health in those settings where ground water time of travel is not a reasonable delineation criterion, in accordance with WAC 246-290-135. 2 Susceptible ground water management areas Susceptible ground water management areas are areas that have been designated as moderately or highly vulnerable or susceptible in an adopted ground water management program developed _pursuant to Chapters 173-100 WAC. 3 Special protection areas Special protection areas are those areas defined by WAC 173-200-090. 4 Private wells Private wells are not governed by this code, however all provisions of the King County Board of Health Code 12 24.010 shall be applicable. B. Mapping of critical aquifer recharge areas. 1 The approximate location and extent of critical aquifer recharge areas are shown on the Wellhead Protection Area Inventory Map maintained by the department. 2 These maps are to be used as a guide for the city of Kent, project applicants and/or property owners and may be continuously updated as new critical areas are identified or when updates to the city of Kent Wellhead Protection Program are completed They are a reference and do not provide a final critical area designation. 69 Critical Areas 3. Thik mapping does not include private water wells for single family residences. Sec. 11.06f780. Critical aquifer recharge area reporting requirements. A. Activities that require a critical area report. If located within a CARA, the following lance proposals shall be required to complete a critical aquifer recharge area report. Tb� report shall be submitted to, reviewed and approved by the department. 1. Above ground storage tanks. 2. Dn} cleaners. 3. Pipolines (hazardous liquid transmission). 4. Auto repair shops (including oiUlube facilities). 5. Underground storage tanks. 6. Ga� stations. 7. Othjer land use types as determined by the director that may have the potential to signifii antly impact groundwater resources. B. Requirements for critical aquifer recharge area reports. 1. An I!M uifer recharge area critical area report shall be prepared by a qualified professional who is a hydrogeologist, or engineer, who is licensed in the state of Washington an�has experience in preparin hydro-geologic ydro- ee ologic assessments. 2. A ctiticai aquifer recharge area report shall include the following site and proposal related information at a minimum: a. (Available information regarding_g_eologic and hydro eog logic characteristics of the site including the surface location of all critical aquifer recharge areas located on jsite or immediately adjacent to the site, and permeability of the unsaturated zone lased on available information. b. Ground water depth flow direction and gradient based on available information. I c. jCurrently available data on wells and springs within 1,300 feet of the project area. 70 Critical Areas d Location of other critical areas including surface waters, within 1,300 feet of the project area. e Available historic water quality data for the area to be affected by the proposed activity. f Best management practices proposed to be utilized. g Historic water quality data for the area to be affected by the proposed activity compiled for at least the previous five (5) year period based on available information. h Ground water monitoring plan provisions. i Discussion of the effects of the proposed protect on the ground water quality and quantity, including: (1) Predictive evaluation of ground water withdrawal effects. (2) Predictive evaluation of contaminant transport based on potential releases to ground water. j A spill plan that identifies equipment and/or structures that could fail, resulting in an impact for construction periods and for general operating business procedures post construction Spill plans shall include provisions for regular inspection repair, and replacement of structures and equipment that could fail. Sec 11 06 790 Critical aquifer recharge area performance standards. A. General requirements. 1 Activities may only be pennitted in a critical aquifer recharge area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity_will not adversely affect the recharging of the aNuifer. 2 The proposed activity must comply with the water source protection requirements and recommendations of the federal Environmental Protection Agency, state Department of Health and the Seattle King County Health Department. 3 The proposed stormwater management facilities must be designed and constructed in accordance with the King County Surface Water Design Manual as adopted by the city of Kent pursuant to KCC Chapter 7.07. 71 Critical Areas i B. Specific us#s. i 1 StoLage Tanks All storage tanks proposed to be located in a critical aquifer recharge akeaa must comply with all applicable codes including but not limited to the Washingto*State Department of Ecology and local code requirements and must conform to the following a Underground Tanks All new underground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: (1) Prevent releases due to corrosion or structural failure for the operational life of the tank. (2) Be protected against corrosion constructed of non-corrosive material steel clad with a non-corrosive material or designed to include a secondary containment system to prevent the release or threatened release of any stored substances. (3) Use material in the construction or lining of the tank that is compatible with ikee substance to be stored. b 'Aboveground Tanks All new aboveground storage facilities proposed for use �n the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: (1) Not allow the release of a hazardous substance to the ground, ground waters or surface waters. (2) Have primary containment areas enclosing or underlying the tank or part theref. (3) A secondary containment system either built into the tank structure or a diki system built outside the tank for all tanks, (4) All outside above ground storage tanks shall be covered to prevent rainwater from filling secondary containment areas. 2 Ve�icle repair and servicing Vehicle repair and servicing must be conducted over I impermeable pads and within a covered structure capable of withstanding nor tally expected weather conditions Chemicals used in the process of I 72 Critical Areas vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur. 3 Dry wells No dry wells shall be allowed in critical aquifer recharge areas Dry wells existing on the site prior to facility establishment must be abandoned using_techniques approved by the state Department of Ecology prior to commencement of the proposed activity. 4 Residential use of pesticides and nutrients Application of household pesticides herbicides and fertilizers shall not exceed times and rates specified on the packaging. 5 Spreading or injection of reclaimed water. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by the departments of Ecology and Health. a Surface spreading must meet the ground water recharge criteria given in Chapter 90 46 080 RCW and Chapter 90.46.01000). b Direct iniection must be in accordance with the standards developed by authority of Chapter 90.46.042 RCW. Sec 11 06 800 Prohibited uses The following activities and uses are prohibited in critical aquifer recharge areas: A Landfills Landfills including hazardous or dangerous waste, municipal solid waste special waste woodwaste and inert and demolition waste landfills. B. Underground iniection wells Class I III and IV wells and subclasses F01, 5D03 SF04 5W09 5W10 5W11 5W31 5X13, 5X14, 5W20 5X28, and 5N24 of Class V wells. C. Mining. 1 Metals and hard rock mining. 2 Sand and gravel mining is prohibited from critical aquifer recharge areas determined to be highly susceptible or vulnerable. D. Wood treatment facilities Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade). • 73 Critical Areas i E. Storage po essin , or disposal of radioactive substances. Facilities that store process or disposed of radioactive substances. F. Private weds Any property within the City of Kent using a private well for water supply shall labate the well in accordance with Department of Ecology Standards, when developmen is proposed and can be serviced by a municipal water purveyor. Retention of exempt wells shall not be permitted for irrigation purposes to prevent potential cross-contamination issues. 1 All Property currently with a private well, or within 200-feet of a private well,`shall follow �11 conditions of the King County Board of Health Code 12.24.010 in the design of the development of the property. Any proposed development plans shall show all private wplls within 200-feet. Q. Other uses.! Activities that would significantly reduce the recharge to aquifers currently or potentially used as a potable water source or activities that would significantly reduce the recharge to aquifers that are a source of significant baseflow to a regulated stream; SECTIO1Vt5. —Amendment. Chapter 14.09 of the Kent City Code is amended as follows: Chapter 14.09 FLOOD HAZARD REGULATIONS* See. 14.09j010. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaninig: Appeal means a request for review of any final action pursuant to this chapter, or of the interpretation of any provision of this chapter by any city official 74 Critical Areas i i • Area of shallow flooding means the land within the floodplain where the base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. Area of special flood hazard means the land within the floodplain which is subject to a one(1)percent or greater chance of flooding in any given year. Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year, also referred to as the one hundred(100) year flood. Base flood elevation means the actual elevation(in mean sea level) of the water surface of the base flood determined by the federal flood insurance administration or other qualified person or agency as described in this chapter. Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to: schools, nursing homes, hospitals, police, fire and emergency response installations; and public and private facilities which produce, use, or store hazardous materials or hazardous waste as defined by State Department of Ecology. Development means any proposed or actual manmade changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within flood hazard areas and other site preparation activities. Director means the director of the department of public works of the city. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; 2. The unusual and rapid accumulation of run-off of surface water from any source. 75 Critical Areas Flood insurance rtate map (FIW means the official map on which the federal flood insurance administration has delineated both the special flood hazard areas and the risk premium zones applicable to the community. Flood insurance study means the official report provided by the federal insurance administration that includes flood profiles, the flood boundary and floodway map, flood insurance rate map, and the water surface elevation of the base flood. Flood season moans the period from November 1 to March 31 during which, historically, the frequency, distribution and volume (inches of rainfall) of storms in the Green River Basin have been the largest and all known major floods have occurred. Floodplain meansi that portion of a river or stream channel and adjacent lands which are subject to the bas� flood flooding. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the wager surface elevation more than one (1) foot. Floodway fringe means that portion of a floodplain which is not floodway. Lowest floor mea�s the lowest floor of the lowest enclosed area (including basement). An unfinished o> flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest i,floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. Manufactured home means a structure, transportable in one (1) or more sections, which is built on a perrilanent chassis and is designed for use with or without a permanent foundation when: connected to the required utilities. For floodplain management purposes the term) 'manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) 76 Critical Areas • consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2)or more manufactured home lots for rent or sale. New construction means structures for which the "start of construction" commenced on or after the effective date of this chapter. Special flood hazard area means those land and water areas identified by the Federal Insurance Administration in a report entitled "The Flood Insurance Study for King County Washington and Incorporated Areas" dated September 30, 1989, with accompanying pages on file with King County or the department of public works of the city. Start of construction includes substantial improvement, and means the date a building • permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include submission of an application for development, land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings,piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Structure means a walled and roofed building including a gas or liquid storage tank that is principally above ground. 77 Critical Areas Substantial imp>ovement means any repair, remodeling, reconstruction, or improvement of a';structure, the cost of which equals or exceeds fifty(50) percent of the appraised fair market value of the structure either: i 1. Befbre the improvement or repair is started; or 2. If the structure has been damaged and is being restored, before the damage occurred4 For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensio}is of the structure. The term does not, however, include either: a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are necessary solely to assure safe living conditions; or b. Any alteration of a structure listed on the National Register of Historic Places orl a recognized state or local inventory of historic places. Sec. 14.09�020. Findings. The city council finds that: 1. The flood hazard areas of the city are subject to periodic inundation which endangers life and property, presents health and safety hazards, disrupts commerce and governmental services, and necessitates extraordinary public expenditures for flood protection and relpef, all of which adversely affect the public health, safety and general welfare, and 2. These flood losses are caused by the natural accumulation and ponding of floodwaters and ;the cumulative effect of obstructions in flood hazard areas which increase flood hoights and velocities. Uses inadequately floodproofed, elevated or protected from flood damage or that otherwise encroach on the natural holding capacity of the floodplain also contribute to the flood loss. l 78 Critical Areas l Sec. 14.09.030. Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by enacting provisions designed to: 1. Protect life and property by preventing the hazardous use of flood-prone lands; 2. Protect downstream or surrounding property from higher velocities or higher flood levels which may be caused by loss of holding capacity in the floodplain; 3. Minimize turbidity and pollution from upstream or surrounding development during a flood; 4. Minimize the expenditure of public money for remedial flood control measures; 5. Minimize the need for rescue and relief efforts associated with flooding which are generally undertaken at the expense of the general public; • 6. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood hazard areas; 7. Alert appraisers, assessors, owners, potential buyers, and lessees to the natural limitations of flood-prone land; 8. Ensure that those who occupy or seek to develop in flood hazard areas assume responsibility for their actions; 9. Qualify the city and existing homes and businesses for participation in the federal flood insurance program; and 10. Implement local, state and federal flood protection programs. 79 Critical Areas Sec. 14.09.040. Policies and standards for reducing flood losses. In order to accomplish its purpose, this chapter includes policies and standards to: 1. Restrict, condition, or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial development and construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; 4. Control filling, grading, dredging, and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood- waters or which may increase flood hazards in other areas. • Sec. 14.09.050. Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city. See. 14.09.060. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study for King County, Washington and Incorporated Areas," dated June 16, 1995, with accompanying flood insurance maps is hereby adopted by reference and declared to be a part of this chapter as if stated verbatim. The flood insurance study is on file and available for examination at the office of the department of public works. Sec. 14.09.070. Penalties for noncompliance. No structure or land shall hereafter be developed, constructed, located, • extended, converted, or altered without full compliance with the terms of this chapter 80 Critical Areas i i and other applicable regulations. Violation of the provisions of this chapter by failure to comply witb any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person whip violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500) or imprisoned for ;not more than one hundred eighty (180) days, or both, for each violation, and inladdition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to pre*ent or remedy any violation. i See. 14.00.080. Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, coved ants, or deed restrictions. However, where this chapter and another ordinance, easeoient, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 14.00.090. Interpretation. In the interpretation and application of this chapter,all provisions shall be: 1. Conlsidered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. See. 14.00.100. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory pU oses and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood haz4rds or uses permitted within such areas will be free from flooding or flood damages. ''his chapter shall not create liability on the part of the city, its elected officials or any olfficer or employee thereof, or the Federal Insurance Administration, 81 Critical Areas i • for any flood damages that result from reliance on this chapter or any administration decision lawfully made hereunder. See. 14.09.110. Green River flood control zone number 2. All building and development within the boundaries of the Green River flood control zone number 2 shall comply with all provisions of chapter 86.16 RCW and chapter 508-60 WAC, the state flood control zone act and permit program regulations. Sec. 14.09.120. Permits and licenses. No permit or license for structures or the development or use of land shall be issued by the city within a special flood hazard area unless approved by the director or other designate. Such approval shall be based on a review of the provisions set forth in this chapter and the technical findings and recommendations of city departments including, but not limited to building, fire and planning departments. Compliance with the provisions of this chapter does not obviate the need to obtain other permits which • may be required pursuant to state or federal law including but not limited to approvals required from the United States Army Corps of Engineers and the State Departments of Social and Health Services and Ecology relating to water and sewer systems which ensure that water and sewer systems will be designed to avoid infiltration, inflow or impairment. Sec. 14.09.130. Procedural requirements. City permits or licenses which relate to the development and use of land within a flood hazard area or special flood hazard areas shall be referred to the department of public works by the issuing department for approval. If it can be determined from information at hand that the property does not lie in a special flood hazard area, the issuing department may approve the permit or license directly. If it appears that the property may lie in a special flood hazard area, the department of public works shall require its owner to submit information necessary to determine if in fact the property lies within the floodway or floodway fringe. If it is determined that the property lies • within the floodway or floodway fringe, the applicant shall be required by the 82 Critical Areas department of f ublic works to submit such surveys, plans and supporting documents as are necessary �o determine the applicability of city regulations to the proposed structure, development or use. The department of public works shall consider not only the individual sthucture, development or use, but shall also consider it in combination with existing anId future similar structures, developments and uses. Whenever technical information is Burnished to the city by an applicant, the city shall consider such report in acting upon the requested permit. In performing such review, the department of public works Way request additional applicant information, including the preparation and submission!of an environmental checklist under the State Environmental Policy Act or a supplement thereto if already submitted to an issuing department. The director or his designate shall, within a reasonable time, indicate approval or disapproval of the requested permit or license; and if approved, the conditions of approval, in a letter to the issuing department, with copies to the applicant, issuing department, commenting departments,other agencies and other known parties of interest. Sec. 14.0p.140. Use of other base flood data. In order to administer the provisions of this chapter when base flood elevation data has not beers provided in accordance with sections herein, the director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, skate or other source determined by the director to provide accurate and detailed flood rglated information. Such information shall supplement special flood hazard area info,mation and maps and shall be retained on file with the department of public works, including information under KCC 14.09.150. See. 14.00.150. i.�f Ltti 4 b obtained and The `'��ofpublie hall ebtain andmaintainthe folio infoFfflatiew i Aq�er-e base flood elevatien data is preN,ided through the fleed instffafiee i (in Y-elatien to Tan sea level) , inetuding basement, of all fiew e 83 Critical Areas i a: V ; and 3 T,ain4ai for- .,blie eet:en al Feroefds „ei4ai inn to tl� .+. L.La.laaLuaaa Lvl YLLvuV ua�" Ems of this ehapten See. 14.09.160. A it t' F t Whenever alteration releea4ian of a ,..tare,. , proposed, tt, ..�.VL1V♦V1 µll µ14V1 µL1V11 V�IVI 1. Notify adfaeent owners,eeffhmunities, and the State DepaFtmentom= rael, to lte do leeatie F t a 1 •t ,1 r """L"bJ Yxx2r cv aixy-axccrucxvxx�rrcrovcxrron-vi-u--v'rscvr�varoc�mza-vcn-.zx:rrcTaQcxx�cez 2 De a .Lle thm ILI: ettaU ee 1s - .ide. within the alteredor- el t 1 ner-t_i_�___o�_ the....,t_e_._.e_e,.rse se that the flood, e:t,.: et a;.,,:.,: l ea r � .. v�.�vV JV LL1fAL LI1V S • Sec. 14.09.150. D i n 'an es � on of Local Administrator. The public works director or his/her designee is hereby appointed to administer and implement this ordinance by granting or r denying development permit applications in accordance with its provisions. Duties of the administrator shall include, but not be limited to: A. Permit Review. 1. Review all development permits to determine that the permit requirements of this ordinance have been satisfied. 2. Review all permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. 3._ Review all pennits to determine if the proposed development is located within a floodway. If proposed development is located within a floodway ensure that that section 14.09.190 is enforced. • 84 Critical Areas B. Use of Othew Base Flood Data in (A and V Zones, L When]base flood elevation data has not been provided (A and V Zones) in accordance with IJCC 14.09.060, the public works director or his/her designee shall obtain, review W reasonably utilize any base flood elevation and floodway data available from a Federal, state or other source to administer this title. C. Information!to be obtained and maintained. 1. Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in section 14.09.220(1) (B) obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a r basement. 2. For 411 new or substantially improved floodproofed structures where base flood elevation data is provided through the Flood Insurance Study FIRM or as required in 14.09.210 (1) (B): a. Obtain and record the elevation ( in relation to mean sea level) to which the structure was floodproofed: and b. Maintain floodproofing certifications required pursuant to KCC 14.09.150 (2) (b) c. Maintain for public inspection all records pertaining to the provisions of this ordinance. D. Alteration o�Watercourses. 1. NotiN adjacent communities and the Department of Ecology prior to any alteration or reloca#ion of a watercourse, submit evidence of such notification to the Federal Insurance Ajdministration. 2. Re uke that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. E. Inter retatiohs of FIRM boundaries. Make inteMtetations where needed, as to exact location of boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the 85 Critical Areas i i location of the actual boundary shall be given reasonable opportunity to ap eay 1 the interpretation as provided for in KCC 14.09.230. Sec. 14.09.1670. General standards. In all areas of special flood hazards, the following standards are required: 1. Anchoring. a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" Guidebook for additional techniques). 2. Construction materials and methods. . a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. c. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 3. Utilities. a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and c. Onsite waste disposal systems shall be located to avoid impairment ito them or contamination from them during flooding. 86 Critical Areas i d. 1 Proposed water wells shall be located on high ground that is not located within a special flood hazard area. 4. Subdivision proposals. a. All subdivision proposals shall be consistent with the need to minimize flood damage; b. All subdivision proposals shall have public utilities and facilities such as sewer, gajs, electrical, and water systems located and constructed to minimize flood damage; C. I All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty(50) lots or five (5) acres (whichever is less); and e. Subdivision approval should depict or state what portions of the development are vVithin special flood hazard areas. 5. Reiiiew of building permits. Where elevation data is not available either through the flood insurance study or from another authoritative source, applications for building permits Shall be reviewed by both the issuing department and department of public works to iassure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and engineering practices and includes use of historical data, high-water marks, photographs of past flooding, etc., where available. failure to elevate at least two (2) feet above grade in these zones may result in higher insurance rates. Sec. 14.09.E 780. Specific standards. In all areal of special flood hazards where base flood elevation data has been provided as set forth in KCC 14.09.060 or KCC 14.09.140, the following provisions are required: 87 Critical Areas 1. Residential construction. a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one (1) foot or more above base flood elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (1) A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed areas subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one (1) foot above grade. (3) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 2. Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one(1) foot or more above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: a. Be floodproofed so that below one (1) foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in KCC 14.09.150(2). 88 Critical Areas i d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (1)(b) of this sectign. e. Applicants floodproofing nonresidential buildings shall be notified that flood insurande premiums will be based on rates that are one (1) foot below the floodproofed level;(e.g., a building floodproofed to one (1) foot above the base flood level will be rated as at the base flood level). 3. Critical facility. Construction of new critical facilities shall be, to the extent possible, lo4ated outside the limits of the base floodplain. Construction of new critical facilities $hall be permissible within the base floodplain if no feasible alternative site is available. Critical facilities constructed within the base floodplain shall have the lowelst floor elevated to three (3) feet or more above the level of the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to pr above the level of the base floodplain shall be provided to all critical facilities to khe extent possible. 4. Manufactured homes. All manufactured homes to be placed or substantially improved within zones Al-30, AH, and AE on the community's FIRM shall be elevated ion a permanent foundation such that the lowest floor of the manufactured ho* is one (1) foot or more above the base flood elevation; and be securely anchored tb an adequately anchored foundation system in accordance with the provisions of KCC 14.09.16-0(1)(b). 5. Recreational Vehicles. Recreational vehicles placed on sites are required to meet all applicable provisions of Kent City Code. If allowed by code, recreational vehicles are required to either: a. l)e on-site for fewer than 180 days; b. Fie fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no peringoently attached additions; or c. Fleet the requirements of 14.09.160(1) above and the elevation and anchoring requirements for manufactured homes. 89 Critical Areas i 6. Drainage around structures. Adequate drainage paths are required around structures on slopes to guide waters around and away from proposed structures. See. 14.09.1890. Floodways. Within the floodway of the areas of special flood hazard, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. Construction or reconstruction of residential structures is prohibited within designated floodways, except for: repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty(50) percent of the market value of the structure either, before the repair, reconstruction, or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the fifty(50) percent determination. 3. If subsection (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of KCC 14.09.170. Sec. 14.09.190200. Wetlands management. To the extent possible adverse impacts to wetlands should be avoided as such: 1. Proposals for development within base floodplains shall be reviewed by both issuing departments and department of public works for their possible impacts on wetlands located within the floodplain. 2. Development activities in or around wetlands shall not negatively affect public safety, health, and welfare by disrupting the wetlands' ability to reduce flood and storm drainage. 90 Critical Areas I 3. Assistance from the United States Army Corps of Engineers or State Department of l cology shall be sought in identifying wetland areas. Sec. 14.09.20040. Standards for shallow flooding areas (AO zones). Shallow flooding areas appear on FIRM's as AO zones with depth designations. The base flood depths in these zones range from one (1) to three (3) feet above ground where a clearly! defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: 1. Now construction and substantial improvements of residential structures within AO zone$ shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building, one (1) foot or more above the depth number specified on the]FIRM(at least two (2) feet if no depth number is specified). 2. Now construction and substantial improvements or nonresidential structures within!AO zones shall either: a.: Have the lowest floor (including basement) elevated above the highest adjacent �rade of the building site, one (1) foot or more above the depth number specified on the FIRM(at least two (2) feet if no depth number is specified); or b.: Together with attendant utility and sanitary facilities, be completely flood- proofed to: or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professlional engineer or architect as in KCC 14.09.180(2). f 3. Re4uire adequate drainage paths around structures on slopes to guide t floodwaters around and away from proposed structures. Sec. 14.09.21020. Appeals. The decision of the department of public works to approve condition or disapprove a permit or license in a flood hazard area may be appealed to the land use hearing examiner,. The requested permit or license shall not be issued by a city 91 Critical Areas i department during the appeal period. The following procedures apply to appeals for the decision of the department of public works to approve, condition or deny proposals within a flood hazard area: 1. Written notice of appeal shall be filed with the department of public works within ten (10) days from the date of the decision which aggrieves the appealing party. A fee of twenty-five dollars ($25) shall be paid at the time of filing the written appeal. The appeal will not be accepted unless accompanied by full payment. 2. All notices of appeal shall state in full the decision appealed and the reasons why the appealed decision should be reversed or modified. 3. All appeals so filed shall be heard by the hearing examiner and a determination by the examiner made within thirty(30) days from the closing date of the hearing. 4. At least seven (7) days before the appeal hearing, the department of public works will provide the hearing examiner, the appellant, and any other person expressing written interest in the application or appeal a copy of the decision which is being appealed. 5. In passing upon such applications, the hearing examiner shall consider all technical evaluations, all relevant factors and standards and the criteria specified in this chapter and applicable state regulations. 6. The hearing examiner shall prepare a written report and decision containing findings and conclusions which show how its decision implements the purposes of this chapter and is consistent with the criteria, standards, and limitations of this chapter. 7. The decision of the land use hearing examiner shall be final and conclusive unless, within fourteen (14) calendar days from the date of the hearing examiner's decision, an aggrieved party obtains a writ of certiorari from superior court for the purpose of review of the action taken. See. 14.09.220. Variances. Variances shall be completed in accordance with those provisions identified in the City of Kent Critical Area Regulations found in Kent City Code Title 11. 92 Critical Areas j SECTI 6. - Repeal. Section 15.08.220 of the Kent City Code, entitled "Water quality and hazard area development—Purpose," is repealed as follows: See. 15.0,8.''.� 20Water alit and hazard area development—Purpose. The,.,,, se of K-Gr L c 08 220 girt,.,. 1 c 08 224 pe ftainin to water--q alit.,;a to regulate twel laeatie .,a deal t y of deve ,.... epA based on ,...,,w ..L..sisal . mDser �t,�eix�the a water- alit. the ;ty's water-eeiffses is al � , , by the 649 Betifte;j SECTID 7. - Repeal. Section 15.08.222 of the Kent City Code, entitled "Same-Map-conflicting provisions,"is repealed as follows: -9ee.15.d-,_9.222. Same—Alap —Genllieting p i iens. Develepioent limitation areas are hereby delineated on the map epAitled"14 Afea DevelepmoiA Limitations" filed with the eity cler-k and in the e0ity planning depaFtment. De�elepment limitations within these areas shall be ift addition te these , th f K-CG 1 c 08 240 tL..•..ugh L c no 22 n shall p-eyei4 SECTION 8. - RRoeal. Section 15.08.224 of the Kent City Code, entitled "Same-Classifications and restrictions," is repealed as follows: Sec. 15.08.224. Same— Classifications and restrictions. A. O r . eateger4es and Festfietiens on yet a Gla ;goat: eategefies and ions on lot eever-age relative to hazard afeas, ftem least to m est-ietiye are as follows: 93 Critical Areas i i hnpenieMs SuFfaees 1. Lew hazard weas. In le. . hazard ea,.,-the unt of impervious suffaee allowed en eaeh let is thirty(3A)pereent. Lew eas are defined as lands whefe the €ellewing-canditiens exists: a. Slopes fifteen (IS) „e.ee„t to twenty five (25) 30-0/o per-ee„4 together-with elass 3 seisfnir. 1, d .i 1 ass 7er-esionhazard— h Slopes fifteen i1 G� t + ti 4 five i2G) 39o�0 .�. .....t.w l.lwvll �1.,� t,Vl vvuL w Lr�VL1L'-aly a�-lc�J �V1e„4 together- %ith ,.lass 2 slide and slippage a„,7 VV11L wbvuly ' eF E Slopes fifteen (1 G` perV e„+ 4e twenty five MG\ 3"U Yereent together %ith Blass 2 seismie-and Blass 3 d. Seventy al„e (75) to e hundred fifty (1 Gm 3"o CVVL 11 V11 et f.e.�, the top of a ein w-h eL. 1 Afeam passes r !1� e. Thifty (30) to fifty (50) feet F „-,e the e..1. ' 3o high water marl-. e€ a lake.(See the fellowing illestfatien.) 2. A4ederate hazard areas. in moderate hazafd }moo areas,MJ, the fawEimum afneurA of imperAeus suffaee allewed en eaeh let is ten{l9)-pef:eent. Niederete • 94 Critical Areas hazard efeas e l defined as these len.is where_th roizlovAng-vm diti lns exist: zero to th:.-t.. (30) feet € the er-dinar-. high water- mark of a lake.(See illustrates:} f:xa ple sf deveEopment g1�Ed lines withEn 3D' and if'from a lake i r lake— i i 4td inary high--water line i E=l�s:�es�ie� T........:...... 3. High h zw'd areas. 1« high hazaf.l areas the ,rF ee ,.11e,..ed an .,eh lot , twe /7\peree,.,t i4igh hazard areas a defined as these lands ..he a the fd1lowing nd:t:,+ s emini a. Slopes t:F?eon (1 C) a ent to twenty per-eens ..teether k..:th ..le.,., 2slide n.l _slippage d ejaSS 1 h ,1 .1 1ass 2er-es en hazard e e v `y ef yy Slenes F:Ae6n (1 [) nereent to twenty five (25 t t th L ith 1 2 sli .1 li perocrxt cvgcmcx-�vrrcn craS9 T �ri�zc-caxa 9x3.ppa'.gQc-and el.+.,., 2 er-es .,er-esien hazard f 95 Critical Areas 1 • e 2 pefeent together-with eless Z e .. hazard e 4. &-vere haeard areas. i1 severe hazard areas, the are- defined as these le..,ls where the fella..,:«.. .. ,,,l:r:e,-,s e#isti or "0 ever; b. Slopes twenty five f25\ pefee..t to +^..t., inm e e..r together- with eisss Z slide and slippage e/ess 3 area; 6. A 11 ,- e s a d. ce..e«+.. five /75\ Far serl.esk f«.,.,, the rap of e,,.. ravine.--The tep of a Famine is where t-7,r lopis- generally lees than fifteen(1[).. t.a e e 75' setback from the top of a ravine 76 Top Top 76 E=�a�s-�eat�s>z 96 Critical Areas i I €. irYe high wa4 LLLL F i2c� fbat tT.aek from the ordinary "0 './L any minor-p3 CGL1� �5' Setback 80'Setback rom a minor from a major reek creek t r i ♦f S 25' Osi e A&*ifrtaHf,4Mleunt �f Impen,ious Surfaees b. Tel (L 0) Fv bt set1aek from the tee of any drainage .T >, All—wetlands as de€xted in the deeumeat vla s f:eafi. f Al tlands d D to«Habitats f the LLL.,.,LLL.. aoir vxlr�ccresrsao-aiicrvecgvPaccxzrccvr{ussvrzxxc United States S. Fish and ;1.11;fe C'eryiee of i the Depa«t«.o«t ..lC T«te«;.,« of'...1.is ;s filed -A tl. LLLV LV � � L 97 Critical Areas i the vicJeirf. This el.,nn:fiea4ion ..hall exclude all wetlands considered in the Valley Ulcer-Studies-; e } All unique and f«agiie areas defined in the r sed V y lrleer Q�ieSe approved by eity eil Floor- Fel.mar.. 72 1981 a eopy of whieh is filed vAth the city elerk. 1 The hazard development limitations adopted by _7!!�'f_" 2. SLC[LL1IQ—�V��Qri TV-LC]FIIiLGTLG—ILIIIIC6CIVZIO xua.P aavpccao-l---xz�r. 1 e 08 222 is based"an the most a ate data available a♦the time of rrena«..tien. 2. To m raely deermne e evae« oazard areas,.� he a t t i th i ti f h �t.... eity may additional infeffna-fien with develepmei4 e ineluding but not limited of the The hazard shall he em area. area fnap planning 41114 dlaV31V works depaftments based upon more feeefA aftd aeeur-ate ififefmmien aeeepted by sueh depaftments. C. Delee,.tien efine;e e miner eeL . e z 1 All «d eL where the it. the flew execs «de..eleped land shall be retained in their-natufal state and leeatil)R 7. 3Aq ere retaining the m eeL ,.its „atral state may z .+terf r with a proposed de ele e nt, it ei/: r site e plan, efrred to ti this_seeen ass4 fe pl., d« to ale shall be ed wL.ieh indieates how the deyelopme..t will be eenstrarsted in r-elation to the stfeam and in r-elatieft to required stofm drainage regulations. 3. A stream plan shall be submitted to the eity planning depaAment f r its to the issuaiwe of any permit, ineluding .enrolf building, gr-adi..tz, storm e e 98 Critical Areas 4. 'rno planning ae«e.ztmcmt shall iu�vw=the streesz.x plan in iel.lon t� .. proposed development plan and make a determinatieft that the plan does pFetee4 th-e integrity of the.4jeminer-er-eek. 5. Tho planning departmefA m eause a edi F:eetie« of the developme i� «le., to ensure the4 the in tegrity of the er-eek t f e retained. ( A4 n..theri..e4:e« F hgig th r eanne e o mres:or- m eel. e p. f a o � 1VI VI VVI�V1 for- rL. ine . .eE)f minef er-eeL shall F lle .the guidelines and reeemmendationa i of the State De«...itme«t of Fisheries and Game (RGI i75.20.100). 7. Qetbeeks Gem a relee..teAmajor- car-eek shell he fifty (50) feet e r-eeemmetided by the State Depaftment ef Fisheries and Game, whiehever-is the greater, S c4 1 from a r-eleeatedminer- er-eek shall be t. 4y five (25) feet as «.le.i by the State Department eF Fisheries e«.1 Game w-hiehe..er is the i D. S...... Greed De.in ('treang Bffqb.s ,.Ie.. .. I i. Pu.i�ese. Streams eenstitute «tell:sensitive .seas th..t are of CIE"' �rV µ1Vµ�] L11µL L11V � I speeial e , Ohea sit. of TrePA The following str-eam h„ff r regulations .,re auuvu.a uav i areas,intended te pr-oteq these efwir-efffnentally sensitive featwes within the eity ef Kent. By regulating devele�fneat and altefatiens to these sensitive the eity seeks te� tt. !Prrvteet unique, fragile and valuable . hle ele «tn of the environment ent habitat;ineludin.g.wildlife and its h Mitigate t ima-ve'.l hl impaeIs t etwirepAnentally sensitive areas 1. r-eg.le4i« alterations in and e.l: «t to sensitive areas--,e. P evefA eumulative adverse envirvcur[ental impaets to v.at ..:lehilit. w teri e....l:t.. wetlands, «A streams; e 99 Critical Areas e. e o Ale,+ .nembf the 1.1; eludi but not limited to v „ of rn' ewaer-s, areas; Provide city o€€ei;ls with sx#ieient information to preteet sensitiv-e areas;and it implement the olieien of the State Egwi«en.nefAal Delie,. Aet f Chapter 43.12C RGW, Ch. 11.05 1<CE, KGG Title 15, and the City of K Cefftpr-ehffisive Plan. 2. DEfinItIens.I the ititer"pietatien of the Sees Greek Basin Strreafn BuiierS ever-lay zene „lations TICG 15.08.224(D), the following . e,-ds tem s -p in plane of the,.,, .l shall take n eeenee ever other conflicting definitions existingelsewhere in this cede, and shall have the foll",ing fn i , IIl Bielegist means a per-son whe has eamed a feur- (4) year- degree in bielegieal seienees e Buffer means the zone eentiguetis te a sensi4ive area thm is required for- the eentifmed vaF5, depending en the r-ela4ive quality and sensitivib, of the area being pr-oteeted. Th-e e.+t;eal f„nations of the riparian buffer (these asseeiated with ,at;e .stem) VI IGI{JR1 1 LnV 1u a shading, inpu4 of e e debris and n sediments, ,make ofn„twentn , stabilization of banksintereentien of sediments, over-flow du-in high water n e«ta habitat, and fer- -iat;en of a ,atie step, boundaries ever- tifne due to and preeipitatien, and eT-esien pr-eteetion of slope stability, at4enuation ef suffaee water- flows from stefffiwater Rmeff Building set area means a defined width of land between a sensitive area btiff-er- and develepfaeat whieh establishes a definite point beyond A4iieh elear-ing, tFimming ef 100 Critical Areas i > ebstruotions, , and building foundatiens shal�net extend. i.. Y»hl.. . .rk» to to aaaae more ic:t itire regulation tha eiTy vide standards a`¢s iF na jnx i eraer to mitigat water quality, severe flooding, dr-amage, eF0sierr ersedimentu i ir-oblerris, whie4 have—resalted or- will result from the eumula ' racAs ..F ireete.. the dir-sets.. eF the e t,. of Vent planning departmentor- his �.a.ava aaay..-.. av uaawwa aaa uav-v authofi EIeS canals, stofm or- suffaee water- channels,anee er other entirely': aAifiEial watereear-ses net tAiliied by salmenids. Ditehes de not inelude reaebes sty-eams that have been feieea4ed, ef other-wise er-eated to r-ereute esi blishe,l , eev vuau�rGc�,i r�. I _ I , wetland, er-,.tl,e.-fi ensit: , e area. Large Uwstoek foeans larger livesteek sueb as meat and dairy > , llamas, and herse� greater-pei4ien e�eaeh avefage year-; at this leVel, a definite esempment in the seil will genefally be tr-ae�able; wher-e the edge of vegetatien exists aleng the bank in the same Line ef meam hig water means the mar-gin of the area oeeupied by the water- for- the vloea4is„ Ge„, , e�f is year-, „-.e water-the line of n high ter is the same s the !in eF aa. I er-di ar-y high , ...tie«.nar-k T:,wsteel.means .,nimais of any kind kept s raised F,.use „ ,..leastffe va.oawry uavau feet in heigh4, ano that livesteek eafmet push it ever, s4ep ever- E)r- walk areund it. f 101 Critical Areas ehaFged wir-es, four- (4) sir-and bar-bed mir-e fenees, and other standafd steek fenees in eemmen e by the l:,.e..teel. :n.,,.stY„ Jl.f;t a fien means the use of afty or all of the following eetiens that are listed , dessonding e;der- of pie€er-enee: ( ) ,.:a:.,,. the : aet altogether- ,.y not taking .,-.,tia a of the aetie« and its implementation by using ..e4e teehnele ., e«h,r f > f f rehabilitating or- rester-ing the aff-eeted sensitive area; (4) reducing or eliminating the : et ever-time by n .ration a maifftenanee a ,-etiens during the ,:F of then eet pr-epesa4; (5) e ...,tin.. F e m ney«enee:n.. enh�ne:n th i 4 b l e providingsubstitute se areas t � Y, rc sitiye and a efs• (6) , n:ter:n _the impaet an a,ten:te..ing means evaluating the : ..set of deyelen„,.ent n th _hil : r,l sals on eeeee > h,..h.elogie and eele..:., elements of sensitive areas n., stems and assessing the natural a .stems en.7 F atuFes n`7 :neh,ries ee4her:ne baseline data.unatitherized _ Alafiw g-rewth preteetien area means an area w-hese native growth is preteeted ffem otfimming, and plapAing for- the purpose of protecting the publie health safety and, .elf«e the Paget Seund Fegion and whieh eould have been expeeted te naturally oeeuF on the site. Native . eeetet:en ,,ee., net : eln.ae nexious weeds, reed eanar-y gfass, eaya ls ptffple loosestFife and other-highly invasive and undesirable plm4s. )\ q*iew weed meansan) nl.,nt ..h:eh when established is highly .,est,-„et:,.e. n n The state ,1 list ' Chapter- 16 teen I nr the ecfieially adentea xcC��r-xx� Scucc-nvnivu�o-�v�ceaz'x�cz-ir-c-nupscxzv-r�v�Tcnvavgcca 102 Critical Areas bed and banks of a stFeam or- river-, and ascertaining m4ier-e the presenee and aetion 0 waters are so eoromen emd usual, and so long maintained in all or-dinat-y as to Ordinary high w4ter-miark raeans the mark that will usually be found by examining -- mar4E upon the se�l a eharaeter- distinet ffem that ef the abutting upland, with fespeet to veget,atien. be found, the line of mean high waler- shall substitute. In any af ea wher-e neither- ean be , the ehannel bank shall be substituted. In braided ehannels and allavial fiiBs, t er-dinai:y high water-mark ef substitute shall be measured as to inrlude the entire str-e the top o iand lee..l s a dist«:ete. a eC the state the United States a state tt,e«ee F. of uiac ivvur ovi ric. , e , , anyIIndian tribe .,w ze.l a .el. by the l.le«e ase h l gevefwnent. , ehum, seekeye and pink salmon; , .,bow, 1.«ey,% ri«e,.t and steelhee,l. Kelly Va-den, br-o k t«..,.t ehar kelm ee .,...7 m4iite fish: SensitAw aftw Maos means a separate tr-aet that is er-eated to pr-oteet a sensitive area its buffer- and y4,e..e a rshin is t. „s f f fe.-1 to the eit y eF Vent of ett.e.- ..ppre .e.l entity. hazards, r- thesel land fieattwes�,h stWerfunigue, fiagile, aleable nat,. 1 r-eseor-ees iaeludi4g fishes, v4ldlife and ether- efganisms and their- habitat and reseurees w-hie-lt, lift their--natural state emr hola ef ptHib, water, Sensifive areas inelude the fellev�ing landfarm features-: erosion ha:6ar-d afeas, eeal mine hazard , wetlands,landslide hazard a�eas, seismie hazard areas, steep slope hazard areas, fl safety andi €afe 103 Critical Areas i Small Uvestgek fneans smaller- livesteek stieh as pigs, goats, sheep, miniature her-ses, and feeder- al. es. Fer the purposes of mwiiffmm l steel densities in the seefieff, (6) small livesteek"hall he a .alert to a e!1 r large liveste &r-eams means these areas in Kent wher-e stwfase waters flow suffieiently to pr-eduee defined ehatmel er-bed. A defined ehamel or-bed is an area w-hieh demenstra4es ele the passage of rater and inel.,des but ; of limited to hed:eel. ehannels, gr-ave1�beds, sand��d s�lt-le�s- definedd e}�ael sve�es. Th:s del:n;t;en at «tended to inelude ifrigation ditehe eanala ate or ,.Faee ate n,,,,,ff aeyi the entirely artificial tl they m, :ds used to .,.ae rev„rave ne as e,, are used by cal eepivey tr-eams .-to st,a,et:e eFs eh ate but is intended to irrelude ereeks, sloth ems. The eha««el er- bed eF a stream deer Bet ha.,e to ee t____water- all a le a F_..the e -eh to he •d d t—f Streams afe_f,Wrtheea4eger-ized as fellows: - J'' „O - �T��acca ¢ j[i ecoaix. oacxui.[., a. Oars 1 streamteams-these streams inverAeried as "sherelines F thee • state" under- the went-Sher-eline Alaster-Pregr-afn, Ch. 11.04 KEG, ptwsuapt to Chapter nn cWb. C4ass 2 streamis means these str-eams smaller- than elass 1 str-eams that flewd dti • eds of al r «F ll r these streams that a used h,x xxvT--7c... .,....... ..»..:b Yam......., ... ........». .»........, »..,.. .__•'___., ».». ..__ ».,_._ ..J salmenids. e. ('la ? at.eanis means these streams that a e ifAeFmittent a e«he.«e.-al T eF lank means that n :«4 ale«.. a alone ehannel stream, "ere the eha,nge is �-vp-vJ--i�rsnn-,x:cai:.rcxirsc-pvrrrc-aivrr�a oroPo�iz�axaxcy .".. .,.........y ......... ..... ....»..b.. ... lease ale«g the highest elevations at tan eF the sle«e ehannel or- stream ebames t leme eF less than fiftee.. (1 G) a t this is line s r,.:n ereen . s s usually a ne easily een while ehse_ the Vai4amee fe stream bufftr- standards means m adjustment in the applieat4efi ef these t h FF r-eg,latie to a aFtie .la pieee of n eft, in a ;t„at;e ,.he the pr-eper47-is ether-vise deprived A r-easenable useefthe grepe stream h„FF i ye .1:tiens shall ...at h` used te. e sneeia4 iyi eve net el;e, ed h,. v rvb ua . shall .. .. .. . '�)' .,Y�-� . Y,-.., .»bra " _:1..J_» ..J 104 Critical Areas i i i other prepet4ies ik� the same vieifii4y and zone wMeh are subjeet to the same standa writing by the N:reeter and shall he the fninimwn femedy to pe rm;t r-easeaable,ase ettthe.. pert.. i Vegetation menu any and a a plapA life at, oabovebel above the sail all su e Stream buffer,,.l.ltl..0 (1) All h„fF s shall he measured ffem the erdi.,ary high water j > if that eannet be o hi br-aided ehafm0s, the ordinary high water-mark or-tep of bank shall be detefmined so ffem the top of the bank. s to : elude the d.,t:re Stream F et„re (2) The F llewi«.. h„ff rs on aeh side of the erdir,ary high .,,rater i ()class 1 streams one h,u«.lre.l (1 00) feet buff r i @i)Class 2SEr-eams-used by salnvmQE one hundred (100)_feet >,�ffen i (iii) Class 2streams frt., (50) feet h„fC l:l-rv) Class 3 streams twenty five (25) feet buffer, (,.q Ditehes ten i1 m feet buffer. (vi) V e« the ordinary high water mark of any stream is..rithi» twenty five (25) �et of the toe of slopes greater-te [thap� ef equal than [tel fifteen i per-eent,the i 105 Critical Areas i (a) Alere the herizental length of the slepe ifieluding small benehes and teffaees is within the buffer- for- tha4 str-eafn elass, the buff-er- shall be larger-of--. (1) The minimum buffef for- that str-eam ; (2) Twenty five (25) feet beyond the top of the slope. (b) A%ere the 1,,,.-ize t..l length e f the slepe extends be.,.,«.1 the minimum buffer fef that str-eam elass, the buff-er shall extend le a point twenty five (25) feet beyead the miftimum buffer-for-that stream elass. (yii) A«„ sire-- adjoined by riparianwetland o ether adiae---- aitiye area shall have the buffer .,,hieL, applies to the wetland er- ether adiaee«+ sensitive area .,«leas the stream buffer-requiremen4s a.- :,,e (viii`r�-Any r-eleeated, e«laved or e«ha«beemise ef alter-afiens should have M least the fninimum bttgef required for-the elass o aed • stream involved. (3) T�neeter faay mitherize buffer av "all), in instanees where it .ill ide additie al resetwee eteetio«f provided, tha4 the tetnl area on site «ta ed . the buffer-remains the sameer-Infger-ate !A\ The deter.«i«atien of salme«id use shall he made by the direeter based ea the-best-available, past and present i«f:.,-«..,tie« gathered by the ..it„, its absenee dufing my life stages. (5) Stream buffers shall be managed as «eti„e growth «r.,teetieareas and shall generally remain undistufbed emeept fer-enhaneement planting pFej h Additional buferrequirements for—stpeams. The pla««ing de art«, «t may require iner-eased str-eafn b ffe .idths as r-yte pr-eteet streams. • The additiefia4 buffer-v4d4hs and ether issues shall be deteFmifted by ar-iteria set fefth 106 Critical Areas I f but afe net limited ) eritieal drainage areas, wastes, laeati and the loo4ion eritie fish aftd wildlife habitat, Ft •1 a utility nidefs e. Sems4ive area traet*. Sensitive area tr-aets shall be used to pr-ateet stfeams and 1, FFd er- d• proposals t t for- de ele � r,ommefeia i d 1 Y t) binding plans kinds,'t eF all d shall b a .•ded eft aldoeumeft t of fiti F d F all FF t d lets. sensitive A« a ed tr at stall r I either-b deeded dedeated to the benefit a€the eity. The width a ft,.e . si4ve area- tr-aet L. ll depend, the str-eafn rlassifieatien and buffer- requirement. d. BuildiiT sethaek areas-. Sensitive area sethaek areas sha4l deline subdivisions, and r f 'mite la s and g ading peffnits. The sc cv th , area shall 1. •d t F a end d site -l.J' er- in d d d e«ts filedr-e e«t eF thisseetien. pion Unlesstl. d ee 'f ..d :« this seat: « minimum building th 1 line e€xiiceen. -� r (1 Cl feet it - d fem the dge eF th-e atren.,, i buffer, Prehibitiens en the use ef il�iPvwa' (!)The F 11 ter-essiffgs mayb :tted only .ah b appr-eved fnitig4ien plans, and may be allewed eniy if the), meet the felle ie mei And- shall- hi., timW to aveid str-eam distur-banee dtifing per-ieds when use is rritieal to salmenids; f ui,Aess no ether-ppssible(ii) Crossings shall not eeesuf over- sakneftid spwmaing areas i 107 Critical Areas i (iii)Gmssings shall «et diminish the flooda r 'ry F0 Stfeam; tl, J depth of fouf (4) ��below th . jee4ed depth of seeur-fer the base fleed as ,1 t .1 1.J professional a ,:1 a«a,« ,-li ,l by the the state; an / \ The app1' t shall ebtain appFevel fFem the De Y., t.r «e«t eF Natural Desour-ees .7 fr-em the D Y .« Fish Ft t f .1 Game ame for e11 eressings ofvff ., 'tt - therefrom, Fr-em the State D ,.tme«t of Fish «.1 IA41.il:F for- all C � stream 1. fF 1J upen t' f..dministr-afi ,e Pales eand ..«r to the F «.11e ;«., • (') T '1 sufFaees ..1,.,11 et b t 1 e*eept tt, t eas publie multipurpose tfails like the Sees Greek T-r-ail may be allewed if they t 11 other is 1 .1' r fa alit, «.1 z:xccc-axx�cxxcrroc�arivxncntaz'iivtciQinb=v�'ac@. quality; »•-,.• ( i) NVber-e t« '1 1.«fFs shalle expanded,,- b w e fe e provided, possible. (3) Genstruetion f utilities sha4l be eFmitted str-eam b fF r (4) Class 1 ..r.e»ms may not be ,-el__ate.l l.,,t elass 2 and el.,.,.. 4 rfeafn r-e1 t'efis may 1. .,llewe.l, YTe b.idin. mitig t' e.i F r- all11 et..YYe .;,l mr.. requirements,they fneet all For- an an4 are approved by all ageneies ' tFeam r-e1 t'on tL, 1' t «, ,l st e based e.len n f .,r:e ,i e,l b , rr .:1 engineer and a qualified bielegist, that! • 108 Critical Areas be maintained. i i ('i) The .:11 he .let.;.... ntal inefease deer-ease in str i eleeity: (iii) There will he inter-basin trannt'er e f water, (iy)PerF a standards et ,t the it;gatie.. tan are � uuvu Y.ua. u... (y) The releeatien e nF f s to other a nlieable_lµ. r. (yi)All work . .;11 he `a ed ewe ender the d:reet per, _ ien e f qualified bielegi:$t-. 4 r 'I J t 1 t t• a_ t to streams fawetlands. The fellevAftg standards apply to all par-eels with streams flowifig through ef adjaeepA to them and are I intended t 11e�v t the raising eF 1: steel. in the e;t. while minimizing the adverse impaets on .ater�quality and salme.,id Fisheries habitat: eiti r_wate%heds (1) A mayimum of six (6) large livesteek per- aer-e,gmssr the e"ivalent ef sim ,(6) large livesteek per-gross aer-e, as defined in subseetion(D)(2). (2) RT large 1' t k shall he f fm t+ed on any lot smaller- than twenty theusand e000) square feet in area, exempt thm the peftion ef the lot used >000) square feet-, pfeNx'd'fig that t1 rt' t' the lot used Fer- eenF ent or- gazmeets .—Pills A--f-4m fnanagefnei4 standards seetion of these regulations. Fafms ad;J eft tol e b f"ning streams, shall meet the following fniniffram standards. 109 Critical Areas i i 1' t 1 areess t 11 r wetlands, .1 their-1.0 er-s supply fr-efn the stfeafn so that livestoek afe not required te entef streams fer-their-wate supply' limited t tr-e .1 water points - ., hieh et free ..le"g the V �/ length of the str-eafns. (iv) T t L raFessings of..t«earns ..hell be limited to a sin& point no wider-than twenty five(25) Cot • impaets to the s4feam. (vi) Bridges designed to allow ffee fiew ef fleed waters may-be tise.1 in 1'eu F rfeafn er-essngs; provided, that piers and abtA«,e..ts ..hell not he N«le e.l within the erdinafy high wa4er-mar-ker top of bank,NNNehever-is greater-. ( ") C b wetlands etl,,nds and the;.buffers: not po mi44ei1 (') Ac b shall be used te establish and maintain a4l buffef$': (;:\ E 4' .. and ..fi nt areas shall .taro Ci'7 `�nT"�'�o o e �v pond,feneed vegewive buffer- of M least fifty (50) feet from any natufally eeeuning wed and edge, a the e,-dinafy high water-mafk eF all stFeams i 110 Critical Areas (iii) Existing grazing and afro. «4 ono .-high do et of � the minimum width F F d etat:. e h..FFefs ed by the ehanvte shall he o eFF eet;ire da4e of lll.:n eatier l\T��/7 (i..l Forested lands being 1 gazingd F ens,a d new afeas h o Y1 1J with the sensitive area lr ethnes class 1 elass 7 and e b i 3 streams, and..Hands(.,\ The gazingea hFF r Fe Inss 1 and elass 7 streams .:th L`T.�/7 .. l 'd may I i r-ed d t FA (cm feet ...here a F.A.. (50) feet width of diverse ma4uEe azeget-afie# air-eady exists in the buffef area This buffer- r-eduetion may not 1. used when for-estod lands are being elear-ed fbr- i { GeurAy's Sensitive Afeas (l d'nan t the FF t' da4e of the etie at etbael. ether than these yr spee •F d h f shall be deemed h .to e pli t the fits eF th� `„ :s sest'ien.. (vii) ('� b areas J• pr extend to the eft. line; provided, CTnI that 11 t«eams .I. wetlands d• t t the prepe.•t.. 1: et the minimufft buffers established .n thel e regula4ions. (viii)Maffufe s4eab afeas shall bemanaged as F 11 (a) Suffaee water flows shall be diverted away ffem I manufe t 1 'laid within t. h d d (200) feet uphill ffem any elass 1or- elass 7 str-eam or- tl 'd shall h d manner-that a slnde pr- 't t' d 11 f 1 f I ff.e t1 F t _- _ __ fire d er- It t•. el. shah ed , uneover-ed eenefete bunker-, t a held for- r eL. ed d. ste eh:ele l or I other-F •1•ti dl d t t 1 h to � ehi streams or- etlands a cxxc xcacxracc rx vnr=rcn r� r 111 Critical Areas i I I nmeff ftefa manore enter-streams er-wetlands. (d) Mamffe piles shall net be any eleser- than fifty (50) uphill ffem any wetland f h water- maA of f ef an) within any sty-eam bliffier ( ) 11.f la 11 t be spread F enen a saturated field- 1 /fl Nianur-e 1.,.,71 not be piled within n.ty stream 1.,,FF e r C t' a 1.1' t tiens. All existing 1; a...esteek et;e emeeh.,ll t the Faim management standards eF this seration within five (5) e of the FF t' dote F thisseet'en, eyceept tl, t existing Wildings are_exempt f e this f turbidity, and ati#ierAs must be within five (5) years ffofn the FF t•. e date of thisetie adopting these regulations. • S. E'xentpttens The planning d;reeter may g ent exemptions Fie.., these tr-eam buffer- 1 t• .idea tha4 the exemption ste.,t withthege el o ons a F these r-egu1 tie and the „1.1; i„r t A applieatien F sensitive aFeas reasonable use exemptionli shall e filed with tl,e ,.1er,xf; ae r ..,ert, „t and tlae r a planning a' ter-shall issue a f' .,1 deeisien pufsua.,t to the pr-eveF this ehapte 8 C-M-e-Ka. he planning—aai[eeteif ift ganting _an eyeffiptieft feasena „ F r lal e use t determine t>, t• f u uawa. (1) A 1' t' F these stream b fff r-egulatiens ,la de all r-easefia1..1 use eF the pr-epert, f n • le ,itt, le ;,�, et thee (2 Jo auayuva on � ti, and e s area; • 112 Critical Areas /3\ The proposed . e ele .t . e et pose an u,..e .: .able i threat to the p, 1.11 h lth safety welfare on er- eFF the ,,, e.l .leyelopf e«t site-, and 1 !A\ A alterations permitted to these sensitive ., eas shall be the .,..,.to ellew F...- able eF the r,re«e«t, xriiir[xixuxix 3s.�.� ... »...... .... .�»...,..».,.� ».,.. .,_ ._._ r--r__.�r. j (5) A ,+h eA alteration eF a s t;oe area under- this etie.- ., tee."---- r .i.i�vri shall be subjeet to eenditions established by the dir-eeter, and shall requife fnitigati 6 D il' The li t' F these v. rwq��sc rvvr-nla. rnv-a�piicrscxrni-vr-cxxcSP..St-F0afi3 bu€€9x £2gu13t39n5-5h$�� net pfehibit publi� werIES within ef adjaeent te sensitive areas if the planning dire I publie t'1•t th +i is neeesr.,ary to the publie health, sa€et3;-er welfare: -The d ter-may grai1 an LgEemptien based en the r lle,,ing a .:teW e. areas; an b. The propesal minifnizes the impaet on sensitive areas and 7. £s>hrflietingstandaftb. AL ._ ..._.,......,t_.._._., . _»_ in the applieetie,. eF -rr----"---- - this Sees Creek asin Str-eafn Buff-er- ever-lay zone together-m4th ether-buffer- or- seth r-egu 1 t'ons in the Kent City Cede the„.e.•e.•est,ietiye,•eg l.,t;e.. shall apply. .1 . ' e+e. +w .ey.F..ve ... . F the r.. ..... . of these st_e m_ _„FFer- '.a off__.t_e ___ Tl.e -- _ plafming ,1' t h 11 i have the power- to r-e«,leif4er-pr-etatiens and to adopt .•„le .7 regti1 t'ens f these standards r-de to ele,•:f> the ep i; .,t: eF the..e Th 1 .7: eete.• .. interpretations, ,lee_ �r9V3536r3S ' a r-egulatiens, h e e.. h 11 be in eenF .i...anee with the intea4 and ptffpese eF these s e buffer- st...dar-d and shall be in w+ing. 113 Critical Areas ✓ rr amend the appendices te the str-eam buff-ers from time to tiffle as he or- she shall deem neeessar H df efAs to the rr and the piffpose of these str-eafn buffff regulations. c Miens. z 1 ,Lois, t, a Dwithin r t be 'tt ., under the existing zeninge quir-emepAs if it ean be deineastm4ed to the z—Severe hazard areas " fifty (50) feat sethaek ffem the ordinaryhigh- water- fnark of airy- to c-reel is regaired imperyieus surfaeesbe allewed im F t. -t✓ (20) r t elesef to the f ffina er-ee1 'F 1. A' etat:en i en4l.. .a,eete., , b � YY ✓ • 3 ki LI Exceptiow Exceptions example E a e 4T selha& 4 selbo o* d nl °a#i 1 acre , a O y ate 3 1 line )0 s �ir� z411 hawrd areas dir-eeter-shall 1 t, t, -it✓ to Waive yimpose 114 Critical Areas j eir-euFastanees to!ensure the fulffilment of the stated ptffpese ef this ehapter- an dit ellsshall Ih reviewed 'rh the r 1 a prior-dii-7eeter- r.. submittal of the a. D aiie« e f t ff, que wildlife habitat PV_ah D t' F n­ar 1 er- rive e e IP d Unique site uses. 4. Yehieular�and-pedestrian aeeess In siWationswhere .eh:e„lar ef pedestiai awed in the fefm ef a vehisular of pedestrian bridge Constfuetien ^any bridge shall be s*eet te the appr-eval ef the publia werks department regarding, reFm d d h .1 1'ies, d guidelines n .1 r' o f the State a SECTIO 9. - Amendment. Section 15.08.260 of the Kent City Code, entitled "Green River Corridor special interest district regulations," is amended to read as follows: Sec. 15.0$.260. Green River Corridor special interest district regulations. A. Purpose. The Green River Corridor special interest district is hereby created to protect, conserve, and manage areas generally located on both sides of the Green River, and to ensure that urban development within the district is compatible with the open natural configuration of the Green River and its adjacent lands. B. Location. 1. The!Green River Corridor special interest district is that area of the city one thousand (1 j y000) feet from the ordinary high-water line of the Green River; provided that the; shoreline master program shall govern development within the first two hundred (20q) feet of the ordinary high-water line of the river. The district is more particularly described as follows: 115 Critical Areas Two (2) strips of land each eight hundred (800) feet in width which begin at the north city limit line, on March 4, 1985, and end at the south city limit line, which south line ends in Section 30, Township 22 North, Range 5 East, W.M. Each strip shall be measured from each side of the Green River and the measurement shall be two hundred (200) feet from the ordinary high-water line of the river, all in King County, Washington; except any portions thereof lying outside of the city limits. This district s shall 1 ineludez d fragile e----- ..+.,.i the a thou ...i (!,goo) feet eerr-iden The strips of land deser-ibed in this subseetien and the unique and fr-a-gile afeas afe illastfated en the hazafd area development limitations map, attaehed to rated in this seetien-. 2. Property exemption. Property platted in accordance with the city subdivision code, Ordinance No. 1840, before March 2, 1981 (adoption of the Valley Studies), shall be exempt from the provisions of this section. i G t ,J Tl, hereby areas, elass , and tmique and fragile areas, elass f 2. Purig0sBever-lay zene is t implement the adept , areas, elass > zene, as t eut i KGG 1 c 03 n1 n unique- and —.l 1 t t d C pubi; .,F tl R,. D'1 el ass cxocot now dikes r 116 Critical Areas i reasons. Sueh im�r-eyements shall be designed so as net to intrude within uRique hundred (100) fbot buffff shall be provided between the elass 11 area and the allow CD. Development standards. 1. Green River access. No building or lot within the district shall be constructed or crated without providing access to the Green River via public sidewalks or a private traill system. Such sidewalks or private trail systems shall connect to riverside public of ails or scenic drives at intervals of one thousand (1,000) feet or less in industrial developments, and intervals of five hundred (500) feet or less in residential developments. 2. Pedestrian access in residential development. hi residential developments, pddestrian access to the Green River shall be accomplished without crossing streets or roads, except scenic and recreational roads, unless clearly shown to be infeasible. 3. Parking facilities. Parking facilities for access to the Green River shall be located as near as practicable to riverfront parks or historic sites and shall be i clustered in lots !not exceeding thirty (30) cars. Every public parking area shall be visible from a sheet accessible to the public and be situated so that the public can clearly see rive4ont open space and gain access to the public portion of that open space. 4. Payment in lieu of parking facilities. The city may accept or require payment in lieu If providing parking facilities which are required as a condition of the issuance of development permits. 5. L4ding dock location. Loading docks shall not be constructed on river- facing sides of buildings unless a minimum fifty(50) foot buffer of native vegetation is provided to screep the loading docks from the shoreline, unless otherwise required by the Kent shoreline master program. Other design and landscaping requirements may be 117 Critical Areas I i i imposed by the planning manager to meet the purpose of the Green River corridor special interest district. 6. Building height. Buildings located outside the two hundred (200) foot shoreline management zone but within the district shall not exceed thirty-five (35) feet in height. 7. Exterior walls of buildings. No building on any riverfront lot shall have an exterior wall parallel to, or within forty-five (45) degrees of parallel to, the river which exceeds two hundred (200) feet in length, except as follows: buildings on riverfront lots in the MA, Ml, Ml-C, M2, and M3 zoning districts may have exterior walls parallel to, or within forty-five (45) degrees of parallel to, the river which exceed two hundred (200) feet in length, provided they are screened by a vegetative buffer per KCC 15.08.260(CD)(9)(c). 8. Lots. . a. Each riverfront lot within a subdivision shall contain area sufficient to comply with minimum lot size requirements of Ch. 15.04 KCC and provide a public access easement and building setback line as required by this section. b. No subdivision of professional and office (0), general commercial (GC), industrial agricultural (MA), industrial park (MI), and limited industrial (M2) zoned land shall be approved unless each lot within the subdivision has an upland boundary at least five hundred(500) feet from the ordinary high-water line of the river. 9. Vegetation buffer. a. A permanent vegetation buffer, in accordance with KCC 15.07.050(C) pertaining to landscaping type III, shall be maintained or established for each building or use within the district. Any materials storage yard, truck maneuvering area, equipment parking area,junkyard, refuse storage, or similar use within the district shall install such a permanent vegetative buffer between the use and the Green River 118 Critical Areas I i i within two (2) years of the effective date of the ordinance from which this section is derived. b. !Landscape screening and buffer strips shall be planted in order to be harmonious with those already planted on adjacent properties and consistent with the city landscaping requirements as set out in Ch. 15.07 KCC. C. Buildings on riverfront lots in industrial zoning districts which have exterior walls exdeeding two hundred (200) feet in length parallel to, or within forty- five (45) degrees of parallel to,the river,must be screened by a vegetation buffer. This vegetative buffer Shall be located along the length of the property line located parallel to, or within fort-five (45) degrees of parallel to, the river, for a minimum depth of twenty(20) feet i4 accordance with type III, visual buffer landscape standards pursuant to KCC 15.07.05b(C). In addition, an earth berm of a minimum of forty-eight (48) i inches in height must be provided for. 10. Rail lines. No rail lines shall be permitted within five hundred (500) feet of the Green River; provided, however, rail lines shall be permitted to within three hundred (300) feet of the Green River in those locations specified on Exhibit B attached to the ordinance 4om which this section is derived and by this reference incorporated in this section, such locations having been found to be best suited to rail. 11. Rod access. All new lots and buildings shall be designed with primary street access to sheets other than scenic and recreational roads, unless no other access is available. 12. Street connections. Development shall include no street connections to scenic and recreational roads, unless no other access is available. 13. Uttuities. Utilities shall be installed in accordance with Ch. 7.10 KCC. i 14. SuVace drainage facilities. Surface drainage facilities such as drainage channels and retention areas shall be designed to applicable city standards and shall be 119 Critical Areas i integral parts, if possible, of any common trail and open space system connections to the riverfront. DE. Performance standards. 1. Fish and game requirements. The applicant shall comply with applicable requirements of the State Department of Fisheries and State Department of Game for preventing and mitigating adverse impacts on fish and wildlife resources and enhancing wildlife habitat. 2. Flood control works. If city funds are used in the construction of flood control works such as dikes, levees, or floodwalls,public rights of access to such works shall be dedicated prior to construction, where practicable. SECTION 10. — Savings. The existing chapters and sections of the Kent City Code, which are repealed and amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 11. — SeverabilLtIL If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 12. —Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after its passage as provided by law. JIM WHITE, MAYOR • 120 Critical Areas ATTEST: BRENDA JACOtER, CITY CLERK APPROVED AS TO FORM: TOM BRUB R, CITY ATTORNEY PASSED: day of , 2004. APPROVED: day of , 2004. i PUBLISHED: day of , 2004. I hereby certify that this is a true copy of Ordinance No. passed by the City Coun61 of the City of Kent,Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK S1Pem46Plm\Z0NEC0DEAMEi-D12002%CAOICAO-Ord-CnticalArem-10-06.doc I 121 Critical Areas