HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 02/09/2015 ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
��14N T Charlene Anderson, AICP, Manager
WA5111N010N
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue South
Kent, WA 98032-5895
LAND USE & PLANNING BOARD
WORKSHOP AGENDA
FEBRUARY 9, 2015
7:00 PM
BOARD MEMBERS: Randall Smith, Chair; Barbara Phillips, Vice Chair; Frank
Cornelius; Navdeep Gill; Katherine Jones; Jack Ottini and Binoy Varughese
CITY STAFF: Planning Services: Fred Satterstrom, Planning Director; Charlene
Anderson, Planning Manager. Public Works: Todd Hunsdorfer, Public Works
Conservation Coordinator, NPDES
This is to notify you that the Land Use and Planning Board will hold a Workshop on
MONDAY, FEBRUARY 9, 2015 at 7:00 P.M. The workshop will be held in Kent
City Hall, City Council Chambers, 220 Fourth Avenue S, Kent, WA.
No public testimony is taken at LUPB workshops; however, the public is welcome to
attend. The workshop agenda includes the following item(s):
1. Open Public Meetings Act - Trainina Video
2. Critical Areas Ordinance and Flood Hazard Regulations Update
General Discussion of Code Amendments - Todd Hunsdorfer
For documents pertaining to the Land Use and Planning Board, access the City's website at:
h tto:Ilkentwa.iom2.com/citizensIDefau/L asox?Deoartm entl D=1004.
Any person requiring a disability accommodation should contact the City Clerk's Office in advance
at (253) 856-5725. For TTYITDD service call the Washington Telecommunications Relay Service at
(800) 833-6388. For general information, contact Economic & Community Development
Department, Planning Division at(253) 856-5454.
1
PUBLIC WORKS ADMINISTRATION
Timothy J. LaPorte, P.E.
Public Works Director
400 West Gowe
Kent, WA 98032
Fax: 253-856-6500
KENT
W......TO u
PHONE: 253-856-5500
January 29, 2015
TO: Chair Randall Smith and Land Use & Planning Board Members
FROM: Todd Hunsdorfer, Public Works Conservation Coordinator, NPDES
RE: Critical Areas Ordinance and Flood Hazard Regulations Update —
Information Only
February 9, 2015 Workshop
Summary: The City is scheduled to complete an update to the Kent Comprehensive
Plan (the Plan) by June 30, 2015, as required by the State of Washington Growth
Management Act (GMA). GMA also requires the City to review and update as
necessary its Critical Areas Ordinance to be consistent with best available science. All
development regulations, including the CAO, must be consistent with the
Comprehensive Plan.
Background: The Growth Management Act requires that the CAO is reviewed
periodically for consistency with state law, federal law, and best available science. Staff
worked with consultants to examine these issues, and make necessary changes. Many
of the edits were completed to improve the clarity of specific definitions, and simplify
the process of administering the code.
The CAO protects critical or environmentally sensitive areas: wetlands, fish and wildlife
habitat areas (including streams), geologic hazard areas, aquifer recharge areas, and
frequently flooded areas as regulated under KCC 14.09 (Flood Hazard Regulations).
Staff will be present at the February 9th workshop to discuss the update to the Critical
Areas Ordinance.
S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2011\CPA-2011-3_CPZ-2011-1_ConnpPlan UpdateyC Land Use and Planning Board_C O Workshop_2-9-15.docx
City of Kent Public Works Department
2
3
ORDINANCE NO.
AN ORDINANCE of the City Council of the
city of Kent, Washington, amending Chapter 11.06
of the Kent City Code, entitled "Critical Areas'
RECITALS
A.
B.
C.
D.
E.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
KCC 11.06
Critical Areas
Ordinance
4
SECTION 1. - Amendment. Chapter 11.06 of the Kent City Code is
hereby amended as follows:
Article I. Procedural and Administrative Provisions
Sec. 11.06.010. Title. This chapter 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- fffeRtaµy-seR&s t a. Such areas within the
city include wetlands, streams, wildlife and fisheries habitat, geologic
hazard areas, frequently flooded areas, and critical 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 property, and the environment. The city finds,
therefore, that identification, regulation, and protection of critical areas is
necessary to protect the public health, safety, and general welfare. The
city further finds that the functions of critical areas, and the purpose of
these regulations, include the following:
1. Wetlands. Wetlands perform a variety of functions that
include maintaining water quality; storing and conveying storm water and
floodwater; recharging groundwater; providing important fish and wildlife
habitat; and providing areas for recreation, education, scientific study, and
aesthetic appreciation.
KCC 11.06
Critical Areas
Ordinance
5
Wetland buffers serve to moderate 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 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,—ae 6e
eve 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.
The city of Kent's program for wetland protection is a combination of
regulatory and nonregulatory programs designed to collectively provide for
protection of wetland functions and values in a manner which is consistent
with best available science and the other goals and objectives of the
Growth Management Act, Chapter 36�.70A RCW.
Protection of the water quality and hydrologic functions of wetlands is
accomplished in Kent by a combination of storm water management
controls (including both water quality controls and flow controls) regulated
pursuant to Ch. 6.02 7.07, and 7.14 KCC, and wetland buffers imposed
pursuant to this chapter. Taken together these programs will provide
adequate water quality and hydrologic protection to meet best available
science requirements.
2. Fish and wildlife habitat conservation areas.
a.______Streams and their associated riparian corridors provide*--- Formatted:JMa .t:Fntune: i^
important fish and wildlife habitat, including habitat for threatened and
KCC 11.06
Critical Areas
Ordinance
6
endangered species; help maintain water quality; store and convey storm
water and floodwater; recharge groundwater; and serve as areas for
recreation, education, scientific study, and aesthetic appreciation. Stream
buffers serve to moderate storm water 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.
6b. 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-purpose open space corridors; and where possible to
enhance and rehabilitate wildlife habitat.
KCC 11.06
Critical Areas
Ordinance
7
3. Geologic hazard areas. Geologic hazard areas include land
characterized by geologic, hydrologic, hydrogeologic aftel-topographic and
vegetation conditions that render them susceptible to varying degrees of
risk efrom€ landslides, erosion, seismic or volcanic activity.
The primary goals of regulating geologic hazards are to avoid and minimize
potential impacts to life and property; to regulate land uses where
necessary; and to conduct appropriate levels of analysis to ensure sound
engineering and construction practices to address. mitigate and
potentially avoids identified hazards.
4. Critical aquifer recharge areas. Aquifer recharge areas provide
a source of potable water and contribute to stream discharge/flow during
periods of 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 primary goals 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. Frequently flooded areas. Floodplairis-arid other areas subject---- Formatted:Justified,Indent:First line: o.s
Line spacing: 1.5lines
to flooding perform important hydrologic functions and may present a risk
Formatted:Font:Verdana,11 pt
to ersans and ro ert . The rimar Is of flood hazard rg ulations are
to limit the effects of floadin an human health and safet and to ratect
ublic facilities and services. The cit of Kent's Flood Hazard Regulations
LjK 14.09 regulate activities within frequently (loaded areas in order to
KCC 11.06
Critical Areas
Ordinance
8
romate ublic health safet and eneral welfare and to minimize ublic
and rivate losses due to (load conditions in the cit .
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Sec. 11.06.030. Regulated activities.
A. The provisions of this chapter shall apply to any regulated activity
that potentially affects a critical area or its buffer unless otherwise
exempted by these regulations. Applicable activities are as follows:
1. Removing, excavating, disturbing, or dredging soil, sand,
gravel, minerals, 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.
KCC 11.06
Critical Areas
Ordinance
9
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. <---- Formatted:IDdent:Fntune: 05
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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.
----- Formatted:IDdent Fntline: 0.5
B. To avoid duplication, all permits and approvals identified in Ch.
12.01 KCC shall be subject to, and coordinated with, the requirements of
this chapter.
KCC 11.06
Critical Areas
Ordinance
10
C. Nonproject 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.
D. Activities within the Green River Nnatural Rfesources Aarea shall be
subject to this chapter with the exception of activities allowed by
Resolution 922, adopted by the city of Kent in March 1981.
Sec. 11.06.040. Exemptions.
A. The following activities performed on sites containing critical areas
or on sites that canbehmpacted-by critical areas as defined by this chapter
shall be exempt from the provisions of these regulations:
1. Conservation or preservation of soil, water, vegetation, fish,
and other wildlife that does not entail changing the structure or functions
of the critical area.
2. Existing and ongoing agricultural activities, as defined in this
chapter.
3. Activities involving artificially created wetlands or streams
intentionally created from nonwetland sites, including, but not limited to,
grass-lined swales, irrigation and drainage ditches, retention or detention
facilities, and landscape features, except wetlands or streams created as
mitigation or that provide critical habitat for anadromous fish.
KCC 11.06
Critical Areas
Ordinance
11
4. Operation, 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 management
practices.
5. Normal maintenance, repair, and reconstruction of public
residential., or commercial structures, facilities, and landscaping; provided,
that reconstruction of any structures may not increase the previous
footprint,_ ad-€�+rtker-{�rav-ided-Eaph=�-ate
6. The 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 for development including soils tests, water
quality studies, wildlife studies, and similar tests and investigations;
provided, that any disturbance of the critical area shall be the minimum
necessary to carry out the work or studies.
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
KCC 11.06
Critical Areas
Ordinance
12
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 as it was originally
vested and approved prior to the effective date of the ordinance codified
in this chapter.
12. Removal of invasive plants and planting of native vegetation
in wetlands,, and wetland and stream buffers for the purpose of enhancing
habitat values of these areas pursuant to an approved mitigation plan.
13. 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
approved site stabilization plans.
14. Minor activities not mentioned above and determined in
advance and in writing by the director to have minimal impacts to a critical
area.
KCC 11.06
Critical Areas
Ordinance
13
B. Notwithstanding the exemptions provided by this section, any
otherwise exempt activities occurring in or near a critical area or its buffer
shall comply with the intent of these standards and shall consider onsite
alternatives that avoid or minimize significant adverse impacts. Emergency
activities shall mitigate for any impacts caused to critical areas upon
abatement of the emergency.
C. With the exception of emergency actions, existing and ongoing
agricultural activities, and educational and recreation activities that will not
have a si nificant effect an the critical area no property owner or other
entity shall undertake exempt activities prior to providing fourteen (14)
days' notice to the director and receiving confirmation in writing that the
proposed 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 pursuant 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 KCC 11.06.100(A). Once a nonconforming
use is discontinued for a period of one (1) year, that use cannot be
reestablished.
E. The exemptions established by this section shall apply only to
activities that are otherwise permitted by federal, state, and/or local laws.
Sec. 11.06.045. Review and inspection fees. The city council
shall, by resolution, establish the fees to be assessed to implement and
KCC 11.06
Critical Areas
Ordinance
14
operate the regulations adopted in this chapter. The resolution may require
that certain fees be pre-paid and/or designated to be nonrefundable
because staff time and materials will be expended whether or not the
permit applied for is approved by the city or pulled by the applicant. In the
event of any conflict or ambiguity regarding any fees authorized under this
chapter and established by council resolution, the ^••`n ' a WeFlEs director is
authorized to interpret the fee schedule(s) to resolve that conflict or
ambiguity.
Sec. 11.06.050. Critical areas maps. The approximate location
and extent of critical areas within the city are shown on the critical areas
inventory maps. These maps shall be used for informational purposes and
as a general guide only, for the assistance of property owners and other
interested parties; the boundaries and locations shown are generalized.
The actual presence or absence, type, extent, boundaries, and
classification of critical areas on a specific site shall be identified in the field
by a qualified prafessianaI and confirmed by the
department, according to 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 city's maps and the criteria or
standards of this chapter, the criteria and standards shall prevail.
Sec. 11.06.060. Relationship to other regulations.
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.
KCC 11.06
Critical Areas
Ordinance
15
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 management provisions 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.
C. Cam liance with the ravisians of this cha ter does not constitute
cam liance with other federal State and local re ulatians and ermit
requirements that may be re uq fired including but not limited to the
Washington De artment of Fish and Wildlife h draulic sect a rp oval
LLEL Army Corps of Engineers Section 404 permits, Ecology Section 401
permits and National PDllutian Discharge Elimination System (NPDES�
permits. The applicant is responsible for c�g with these
re uirements in addition to the rocesses established in this chapter.
Sec. 11.06.070. Critical area review process and application
requirements.
A. Pre-application conference.
fe Sono the pFe .,l eat .... Feeu FeFReRts of r,h...teF 12.01 KGG shall
TEhe applicant is encouraged to meet with
the city prior to submitting an application. as described in the Dre-
application guidelines of Chapter 12.01 KCC.
KCC 11.06
Critical Areas
Ordinance
16
2. The purpose of these meetings shall be to discuss the city's' --- Formatted:IDdent:left: 0",First Hm 0.5" ]
critical area requirements, processes, and procedures; to review any
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 applicant 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 necessary permits from any
agencies with jurisdiction notwithstanding that the city of Kent may also
have the authority to issue a permit.
Formatted:Font:(Default)Verdana,11 pt
B. Application requirements. Formatted:Normal,Indent:Left: 0.5% No
bullets or numbering
1. Timing of submittals. Concurrent with submittal of a SEPA
checklist, or concurrent with submittal of an application for projects
exempt from SEPA, a critical area report must be 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 potentially
affected by 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_______aReport- contents. Reports and studies required to be' Formatted:Font:(Default)Verdana,llpt ]
submitted b this chapter shall contain, at a minimum, —Information Formatted:List 0.5"aRight:tdied, ,Line
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indicated in the subseauent sections ofattaehmentsto this chapter spacing: 1.5 lines,Numbered+Level: l+
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applicable to each critical area acid t _ffollowing: Alignment:Left+Aligned at: 0.75"+Indent
PP at: 1"
KCC 11.06
Critical Areas
Ordinance
17
_a. The narre and contact information of the applicanta matted Font�Ved...
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description ofthe proposal,
b. Addresses and parcel numbers of the critical areas"
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KCC 11.06
Critical Areas
Ordinance
18
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KCC 11.06
Critical Areas
Ordinance
19
studies re uired b other laws and regulations ar previausl�pre pared far
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C. Critical area consultants - Qualifications and city review. All reports � rmatted:Font:Fo (Default)Verdana,11 pt
and studies required of the applicant by this section shall be prepared by a Formatted:Indent:left: 0.5%First line: 0"
ualified rofessiortal as defined in these regulations.
The department may, at its discretion, retain a ualified
professional to review and confirm the applicant's reports, studies, and
plans. Such review shall be paid for by the applicant.
D. Review process. This section is not intended to create a separate
critical area review permit process for development proposals. To the
extent possible, the city shall consolidate and integrate the review and
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processing of critical area-related aspects of proposals with other land use
and environmental considerations, reviews, and approvals. Any permits
required by separate codes or regulations, such as shoreline substantial
development permits, shall continue to be required.
Sec. 11.06.080. Procedural provisions.
A. Interpretation and conflicts. The director
hts,;-`•r-r-a� �=,�- shall have the authority 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 and appropriate
methodologies for critical area reports and studies, to prepare application
and informational materials as required, and to promulgate procedures and
rules for unique circumstances not anticipated by the standards and
procedures contained within this chapter.
B. Penalties and enforcement. Compliance with these regulations and
penalties for their violation shall be enforced pursuant to the procedures
set forth in Ch. 1.04 KCC.
C. Appeals from critical area review decisions. Appeals from critical
area review decisions shall be governed by the procedures set forth in KCC
12.01.190 and Ch. 2.32 KCC.
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.
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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 application, pursuant to Ch. 12.01 KCC.
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 onsite 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.
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5. The inability to derive reasonable economic use is not the
result of the applicant's actions 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 appropriate 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.
Sec. 11.06.100. 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) of this section
shall be considered by the hearing examiner as a Process III application,
pursuant to KCC 12.01.949. Approval of variances from the strict
application of the critical area requirements shall be consistent with the
following criteria:
1. There are unique physical conditions peculiar and inherent to
the affected property which makes it difficult or infeasible to strictly
comply with the provisions of this chapter.
2. The variance is the minimum necessary to accommodate the
building or structure footprint and access.
KCC 11.06
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3. The proposed variance would preserve the functions and
values of the critical area, andfef 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. Adverse impacts to critical areas resulting from the proposal
are minimized.
6. The special circumstances or conditions affecting the property
are not a result of the actions of the applicant or previous owner.
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 article, 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 code, except for
those definitions specified in Chs. 14.09 and 15.02 KCC, which are specific
to those respective sections and chapters.
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Sec. 11.06.115. Adjacent wetland. Adjacent wetland means a
wetland 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 or may affect a critical area.
Sec. 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. Aquifer susceptibility is a
contributory factor of potential contamination of an aquifer that results
from soil, rock, and groundwater characteristics within a recharge area.
Sec. 11.06.135. Aquifer vulnerability. Aquifer vulnerability
means the combined effect of aquifer susceptibility and contaminant
loading potential: it includes hydrogeologic, land use, and other factors
that affect the potential for groundwater contamination.
Sec. 11.06.140. Artificially created wetland. Artificially created
wetland means a wetland created from nonwetland sites through
purposeful, legally authorized human action, including but not limited to
irrigation and drainage ditches, grass-lined swales, canals, retention or
detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities.
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Sec. 11.06.145. Best available science (BAS). Best available
science (8AS) is the current scientific information used in the process to
designate, protect, or restore critical areas, that is derived from a valid
scientific process as defined by WAC 365-195-900 through 365-195-925.
Sec. 11.06.150. Best management practices (BMPs). Best
management practices (BMPs) means the conservation practices or
systems of practices and management measures that: (1) control soil loss
and reduce water quality degradation caused by nutrients, animal waste,
toxics, and sediment; and (2) minimize adverse impacts to surface water
and groundwater flow, circulation patterns, and to the chemical, physical,
and biological characteristics of critical areas.
Sec. 11.06.155. Bog. Boa .means as wet s onov oorl,ydrained ,-- formatted:root:Not Italic
area which is usually rich Jim very_specialized Ip ants such as acido Fp iilic -- �rmattea:root:Notiraur
mosses particularly spha num and contains a hi h ercenta e of organic
remnants and residues, and frequently is associated with a spring seepage
area ar other subsurface water source. A ba sometimes re resents the
final stage of the natural process of eutraphication by which lakes and
other bodies of water are ver sy lowly transformed into land areas.
fSeaE-aec,.,,^�r�+4aEis�g- ieaRt- f
3eft—, ,
Sec. 11.06.160. Buffer or buffer area. 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 revegetated where they are
KCC 11.06
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degraded or as part of a mitigation program. Buffers shall be measured
perpendicular from the edge of the critical area.
Sec. 11.06.165. Building setback line (BSBQ. Building setback
line (8S8L) 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.
See- !1-06475- Compensatory Need storage- G6,99;qeqsater�,
to aRy flee J ..t....age ....p..e ty .. h eh has Lam...... .... ...R Id he .J:....:Rated by
Sec. 11.06.180. Compensatory mitigation. C0f77(Jensatory _,-' Pormatted:Pont:Not Bold,Italic
miti arL Lion means_restoration _ _ re-estahlish merit__ or _ rehabilitation _ romatted:Poot:Not Bold
establishment (creation mstances
reservation of a uatic resources far the purposes of offsetting
unavoidable adverse im acts which remain after all a. ra. riate and
racticable avoidance and minimization has been achieved6ertreFtsate
__.. ....,___�, tPtG'Ettdtr- , �3tfE-flftt-fit , :;d Pormatted:Pont:Italic
KCC 11.06
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1. 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.
2. Ereatken—Establishment means actions performed to intentionally
e= reate a wetland at a site where it did not formerly exist.
3. Enhancement means actions performed to improve the condition of
existing wetlands or riparian areas so that the functions they provide are
of a higher quality.
Sec. 11.06.185. Comprehensive plan. Comprehensive plan
means the document includin ma s ado ted by the city council which
outlines the cit `s oals and alicies relatin to mono ement of growth
and re ared in accordance with Cha ter 36.70A RCW. The term also
includes ado ted subarea .Ions re ared in accordance with Chanter
36.70A RCW. .. ^t-y—:fin.. cekes3swe—fSFatt—attd
Sec. 11.06.190. Contaminant loading potential. Contaminant
loading potential means the availability within an aquifer recharge area of
any potential physical, chemical, biological, or radiological substance that
enters the hydrological cycle and may cause a deleterious effect on
groundwater resources.
Sec. 11.06.193. Corridor. Corridor means a continuous strip of
undisturbed vegetation connecting two (2) critical areas, protected in
perpetuity from development via a restrictive covenant in the form of a
conservation easement, sensitive area easement, or sensitive area tract.
KCC 11.06
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Sec. 11.06.195. 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 (nonwetland or dry) site through
artificial means.
Sec. 11.06.200. Critical area
Critical area -,&R&4h,&�means an area that
possesses important natural functions and embodies 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
alteration of such areas may cause significant impacts to the valuable
functions and values of these areas and/or may generate risks to the
public health and general welfare, and/or to public and private property.
Sec. 11.06.205. Critical area report. Critical area report means
a report prepared by a eee}strFtafttqualified professional 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 adopted wellhead protection plans,_ ^- v a the --'-••'-`--' `;,".-'
-id, susceptible groundwater areas pursuant to Chapter 173-
100 WAC, 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
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special occupancy structures in the International Building Code (or
subsequent amendment).
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I—LfTG�oe� ���CffC Vl—i-f�I—ClfTd"�FTIV Iff�Fr�y—i GlC�afl2Y
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Sec. 11.06.225. Dedication. Dedication means conveyance of
land to the city--e- not-for-profi t-em4tt ar private entity by deed,
easement, or other instrument of conveyance.
Sec. 11.06.227. Degraded wetland buffer. Degraded wetland
buffer means a buffer area which cannot adequately protect its adjacent
wetland due to one (1) or more of the following existing conditions: (1)
lack of vegetative cover or presence of bare soils (resulting from
disturbance, fill, debris, or trash); (2) significant cover (over fifty (50)
percent) in nonnative vegetation; (3) significant cover (over fifty (50)
percent) in invasive species or noxious weeds; or (4) presence of existing
nonconforming structures or improvements.
KCC 11.06
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Sec. 11.06.230. Delineation manual or wetland delineation
manual/methodology. Delineation manual or wetland delineation
manual/methodology means the manual and methodology used to-for the
identification of wetlands and delineation of their boundaries pursuant to
this cha ter. Work shall be done in accordance with the a prayed federal
wetland delineation manual and applicable regional supplements as set
forth in WAC 173-22-035.
weehfv:cdte-rr- t , te4
by—Ekte—Bef>ar-t-���ar�t of Ee - lk�
--- Pormatted:IDde-t:First line: 0 5
Et�t�-tlrs-R?8fttittf-tr F-L}a.5_o.z�ovn�zc -rvPr-.1�5-.
Sec. 11.06.235. Department. Department means the city of Kent
department of public works or successor agency, unless the context
indicates a different city department.
Sec. 11.06.240. Director. Director means the director of the city
of Kent department of public works or his/her designee.
Sec. 11.06.245. Earth/earth material. Earth/earth material
means the naturally occurring rock, soil, stone, sediment, sand, or
combination thereof.
Sec. 11.06.250. Elevated construction. Elevated construction
means a construction technique that employs posts or pilings to raise a
structure so that waters can flow freely beneath the structure.
KCC 11.06
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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 that
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, fifteen (15) to thirty (30) percent slopes (AgD);
Alderwood and Kitsap soils, very steep (AkF); Arents, Alderwood Material,
six (6) to fifteen (15) percent slopes (AmC); Beausite gravelly sandy loam,
fifteen (15) to thirty (30) percent slopes (BeD); Beausite gravelly sandy
loam, forty (40) to seventy-five (75) percent slopes (BeF); Everett gravelly
sandy loam, fifteen (15) to thirty (30) percent slopes (EvD); Indianola
loamy fine sand, fifteen (15) to thirty (30) percent slopes (InD); Kitsap silt
KCC 11.06
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loam, eight (8) to fifteen (15) percent slopes (KpC); Kitsap silt loam,
fifteen (15) to thirty (30) percent slopes (KpD); Ovall gravelly loam, fifteen
(15) to twenty-five (25) percent slopes (OvD); Ovall gravelly loam, forty
(40) to seventy-five (75) percent slopes (OvF); Pilchuck loamy fine sand
(Pc); Ragnar fine sandy loam, fifteen (15) to twenty-five (25) percent
slopes (RaD); Ragnar-Indianola association, moderately steep (RdE); and
Riverwash (Rh).
Sec. 11.06.275. Essential habitat. Essential habitat means
habitat necessary for the survival of federally listed threatened,
endangered, and sensitive species and state-listed priority species.
Sec. 11.06.280. Excavation. Excavation means the removal or
displacement of earth material by human or mechanical means.
Sec. 11.06.285. Existing and ongoing agricultural activities.
Existing and ongoing agricultural activities includes those 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 the ordinance codified in this
chapter. The definition includes but is not limited to operation and
maintenance of farm and stock ponds or drainage ditches, irrigation
systems, changes between agricultural activities or crops, and normal
operation, maintenance, or repair of existing serviceable structures,
facilities, or improved areas. Activities which bring an area into agricultural
use from a previous nonagricultural use are not considered part of an
ongoing activity. An operation ceases to be ongoing when the area on
which it was conducted is proposed for conversion to a nonagricultural use
or has lain idle for a period of longer than five (5) years, unless the idle
KCC 11.06
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land is registered in a federal or state soils conservation program. Forest
practices are not included in this definition.
awrrrfa§4
Sec. 11.06.295. Fen. Fen means a peat-accumulating wetland
that receives some drainage from surrounding mineral soil and usually
supports marsh-like vegetation.
Sec. 11.06.300. Fill/fill material. Fi(Ufll material means a ,,-' Pormatted:Font:NotR IC
de asit of earth ar other material laced b human ar mechanical means.
Earth material is defined under 11.06.245. Other material may include but
is not limited to lastics construction debris, woad chimes overburden from
excavation activities, or materials to create any structure or infrastructure.
Sec. 11.06.305. Filling. filling_ means the act of transporting_or rormatted:root:Wtiraur
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. 11.06.307. Fish and wildlife habitat conservation area.
Fish and wildlife habitat consefvation areas include habitat where federal)
and state endan ered threatened and sensitive species have a .rimarg
assaciatian state riarit habitats and areas associated with state riorit
s ep cies� habitats and species of local importance (as determined by City of
Kent), naturally occurring ponds under 20 acres nd their_submeroed ,,-- rormatted:root:verdaoa,11pt
aquatic beds that rovide fish or wildlife habitat and waters of the state.
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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, hydrogeologic
vegetation, and topographic conditions that render them susceptible to
varying degrees of potential risk of landslides, erosion, or seismic or
volcanic activity; and areas characterized by geologic hydrogeolooic, and
hydrologic conditions that make them vulnerable to contamination of
groundwater supplies through infiltration of contaminants to aquifers.
Sec. 11.06.325. Grading. Grading means any excavating, filling,
clearing, leveling, movement, or red istribution--aa of the ground
surface by human or mechanical means.
Sec. 11.06.330. Growing season. Growing season means the
average frost-free period of the year in Kent as recorded in National
Oceanic and Atmospheric Administration Frost/Freeze Data from
KCC 11.06
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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 March 1st through
October 31st of any calendar year.
Sec. 11.06.335. Habitat management. Habitat management
means management of land and its associated resources/features to
maintain species in suitable habitats within their natural geographic
distribution so that isolated subpopulations are not created. This does not
imply maintaining all habitat or individuals of all species in all cases.
Sec. 11.06.340. Hydric soil. Hydric soil means soil that is
saturated, flooded, or ponded long enough during the growing season to
develop anaerobic conditions in the upper part. The presence of hydric soil
shall be determined following the methods described in the federal manual.
Sec. 11.06.345. Hydrologically isolated. Hydrologically isolated
means wetlands which: (1) have no surface water connection to a lake,
river, or stream during any part of the year. and-, (2) are outside of and
not contiguous to any one hundred (100) year floodplain of a lake, river, or
stream_; -.�'a-( - r+E eEwee tlartEE-attd
w-m Wef:d-
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.
KCC 11.06
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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 by a regulated activity.
---- Formatted:ndent:First line: 0 5
Sec. 11.06.357. Inundation Zone. Inundation Zone means an*---- Formatted:Indent:Fntline: 05
-ra ea W'7 r8_ deDOSICIOCI.Or_f�OW_ Of _debrlS mudflOWS_or_related floodir Formatted:Font color Auto
Formatted:Fonts color:Autommmmmmmmmmm
events from eola Ic and volcanic events on Mount RainigL_mD_y occur - Formatted:Font Verdana,11 pt,Font color
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within the City_
Sec. 11.06.360. Intentionally created streams. Intentionally
created streams means manmade 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 downslope
movement of a mass of soil or rock.
KCC 11.06
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Sec. 11.06.375. Landslide hazard areas. Landslide hazard areas
include:
1. Any existing active or dormant landslide or debris flow that has
shown movement during the Holocene epoch (from ten thousand (10,000)
years ago to the present) or that are underlain or covered by mass
wastage debris of that epoch.
2. Areas delineated in the Soil Survey, King County Area, Washington
(USDA, 1973) as having a "severe" limitation for building site
development. These soils consist of the following: Alderwood gravelly
sandy loam, fifteen (15) to thirty (30) percent slopes (AgD); Alderwood
and Kitsap soils, very steep (AkF); Beausite gravelly sandy loam, fifteen
(15) to thirty (30) percent slopes (BeD); Beausite gravelly sandy loam,
forty (40) to seventy-five (75) percent slopes (BeF); Everett gravelly
sandy loam, fifteen (15) to thirty (30) percent slopes (EvD); Indianola
loamy fine sand, fifteen (15) to thirty (30) percent slopes (InD); Kitsap silt
loam, eight (8) to fifteen (15) percent slopes (KpC); Kitsap silt loam,
fifteen (15) to thirty (30) percent slopes (KpD); Ovall gravelly loam, fifteen
(15) to twenty-five (25) percent slopes (OvD); Ovall gravelly loam, forty
(40) to seventy-five (75) percent slopes (OvF); Ragnar fine sandy loam,
fifteen (15) to twenty-five (25) percent 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 U.S. Geological Survey, Washington
Department of Natural Resources,---ew geologic consultant reports
completed for the city of Kent ar as identified on LIDAR ma s completed
for the City of Kent..
-
KCC 11.06
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4. Areas with all three of the following characteristics: slopes steeper
than fifteen (15) percent; slopes intersecting granular material over silts or
clays; and springs or groundwater seepage or evidence of seasonal springs
or groundwater seepage.
5. Slopes that are parallel or subparallel to planes of weakness (such
as bedding planes, joint systems, and fault planes) in subsurface
materials.
<---- Formatted:Line spacing: 1.5 lines
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.
9. Any area with a slope of forty (40) percent or steeper and with a
vertical relief of ten (10) or more feet. A slope is delineated by establishing
its toe and top and measured by averaging the inclination over ten (10)
feet of vertical relief.
Sec. 11.06.380. Mitigation Seggencing.---AWlicants_ _shall_ Formatted:Font:No Bddd
demonstrate that all reasonable efforts have been examined with the
intent to avoid and minimize im acts to critical areas. When an alteration
to a critical area is pro op sed such an alteration shall be avoidedI
minimized ar com ensated for in the fallowin se uential order of
preference (per WAC 197-11-768Z
KCC 11.06
Critical Areas
Ordinance
39
1. Avoiding the impact altogether by not taking a certain action or
parts of actions.
2. Minimizing impacts by limiting the 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 KCC 11.06.180"_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.
KCC 11.06
Critical Areas
Ordinance
40
Sec. 11.06.387. Natural heritage wetland. Natural heritage
wetland means a wetland identified by the Washington State Department
of Natural Resources Natural Heritage Program as either high-quality
undisturbed wetlands or wetlands that support state threatened,
endangered, or sensitive plant species. Natural heritage wetland
inventories are available from the Washington State Department of Natural
Resources.
Sec. 11.06.388. Naturally occurring pored deepwater a usl, attic
habitat). Naturally occurring—pand (deepwater aquatic habitat) means
ponds less than twenty 20j acres in size and their submerged aquatic
beds that ravide fish or wildlife habitat. Also see definition of "wetlands"
for exclusions of certain t es of onds from regulation.
Sec. 11.06.390. offsite mitigation. Offsite mitigation means
performance of mitigation actions, pursuant to standards established in
this chapter, on a site or in an area other than that proposed for conduct
of a regulated activity.
Sec. 11.06.395. Onsite mitigation/compensation. Onsite
mitigation/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.
Sec. 11.06.397. Ordirra ry high water marls. Ordinarh«h water Formatted:Font Notsold,Italic
mark means that markonall lakes, streams, and tidal water that will be Formatted:Font Not sold }
found b examinin the bed and banks and ascertainin where the - Formatted:Font Not Bold
resence and action of waters are sa common and usual and so long
continued in all ordinary years as to mark u on the soil a character
distinct from that of the abuttin u land in res ect to ve etation as that
KCC 11.06
Critical Areas
Ordinance
41
condition exists on June 1 19I1 as it ma natural) Chan e thereafter ar
as it ma Chan e thereafter in accordance with permits issued by the city
of Kent ar Department of Ecology: PROVIDED that in any area_where the -- For-.tt.d:Fmt:Not Bold
ardinar hi h water mark cannot be found the ordinary high water mark
ad�ainin fresh water shall be the line of mean hi h water.
Sec. 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, or degraded by a regulated activity.
Sec. 11.06.405. Permanent erosion control. Permanent erosion
control means continuous onsite and offsite control measures that are
needed to control conveyance or deposition of earth, turbidity, or
pollutants after development, construction, or restoration.
Sec. 11.06.410. Plant association of infrequent occurrence.
Plant association of infrequent occurrence means one (1) or more plant
species which because of the rarity of the habitat and/or the species
involved, or for other botanical or environmental reasons, 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 pole pine growing
on organic soils;
2. Bogs with a predominance of sphagnum moss, or those containing
sphagnum moss, and typically including one (1) or more species such as
Labrador tea, sundew, bog laurel, or cranberry.
KCC 11.06
Critical Areas
Ordinance
42
f a e
4ec..Ys-t#aR-tw�eRty-(-�9-}-aer-..:�-;., .,,mac-t,`��t are-efEke�per-Rra�eRtly-.
at-tReaR-aRRat..�r-c.'ci.�h:�reaEe�ataa s�;c-a,�-si-x--tc,Rt-ktf.�-�:E}-feet �
tkat-de-R6t—StFC3p2Kt—f@2t2 Rt—Or—thtE�fdy—p{aRc—^�,^,^^;_^� �O�KG�-
�t�"s ..rE'em."--`e"`rck e6Pr-teak r r
�egaEaEie�r.
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
concern in urban areas, as identified by the Washington Department of
Fish and Wildlife priority habitat and 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
(1) 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
KCC 11.06
Critical Areas
Ordinance
43
in the city of Kent - include Aspen stands, cliffs, meadows, oak woodlands,
old-growth/mature forests, riparian areas, shrub-steppe, snag-rich areas,
and wetlands.
Sec. 11.06.430. Qualified tyeaeuReMBLofessional. Qualified
ee,r+s 2rofessional means a„ ersan with ex erience and trainin in tl'78 ,, Formatted:Font:Verdana,11 pt
pertinent scientific discipline and who is a qualified scientific expert with
ex ertise a ro riate for the relevant critical area subject in accordance
with WAC 365-195-905. A ualified rofessional must have obtained a B.S.
ar B.A. ar equivalent degree in biology engineering geology
enr_v_�ironmental-studies ,fisheriesc�eomor�,holOgY" Or_related field or have ,, Formatted:Font Verdana,11pt
at least five years of related work experience. A qualified en Irg Leer Formatted:Font Verdana,ll pt
eola ist and h dro eolo ist must have an active license t0 ractice
within the State of Washington.
1. A qualified- rofessianal far wetlands must be_a�rafessianal wetland* Formatted:Font:Verdana,llpt
scientist, or meet the education re uirements in this section and have apt Formatted O:,N Numbered
Left o",
First line. 0,Numbered+Level.1 +
least two ears Of full-time work ex enence as a wetlands Alignment:Le
rofessional Numbering Style: 1,2,3,...+Start at: 1+
Left+Aligned at: 1.5"+Indent at:
including delineating wetlands using the federal manuals and supplements 1.75"
Formatted:Font:Verdana,11 pt
pre arin wetlands re OrtS COndUCtlnig function assessments and Formatted:Font:Verdana,11pt
developing and implementing mitigation (pans Formatted:List Paragraph,Indent:First line:
Formatted:List Paragraph,Indent Left 0"
2. Alified rofessional for habitat must have a de in hl Olo or- First line: 0",Numbered+Level:1 +
qua ree �---- Numbering Style: 1,2,3,...+Start at: 1+
a related de ree and rofessional eX erlerice related t0 the Subject Alignment:Left+Aligned at: 1.5"+Indent at:
1.75"
S ep cles Formatted:Font:Verdana,11 pt
Formatted:List Paragraph,Indent:First line:
0"
3. A ualified rofessional for a e010 ICaI ttaZard must be a*---- Formatted:List Paragraph,Indent:Left: O",
First line: 0",Numbered+Level:1 +
professional engineer or geologist licensed in the state Of Washington. Numbering Style: 1,2,3,...+Start at: 1+
Alignment:Left+Aligned at: 1.5"+Indent at:
75"
Formatted:Font:Verdana,11 pt
Formatted:List Paragraph,Indent:First line:
0"
KCC 11.06
Critical Areas
Ordinance
44
4. A ualified rofessional far critical aquifer recharge areas means a*---- Formatted:List Paragraph,Indent:Left: 0",
First line: 0",Numbered+Level:1 +
hydrogeologist geologist enICleer Or other SCle Citl St Wlt'7 eX ECle Cice In Numbering Style: 1,2,3,...+Start at: I+
Alignment:Left+Aligned at: 1.5"+Indent at:
.preparing hydroqeologic assessments. 1.75"
_&-je-Fr'e,Fl- ---- Formatted:Indent:Firstline: 0"
2iFH§Fa
£�iies'ti2R-�O.y—brOrOgy, OE6 EFttEtFEttFFE�& t�afid r,
'aelutfet- reePr3t E'aS�- "@fe^.�StHFt
v^ t-rc.^ EFi EtE&I-el .sEtC�R—f:6F-f.3ltFpEtr.�t;3-2f-Wf?tNEItG'�.fiFtd
, �r@E3Ecm^.EGr-.:-O.Fflfi£eTE
N.st-saS-a-pt@fe*'S.sStEtFta�-VdEt-aTt£�Pte'ffift:st-af We't-faTt£E
fJtfXfe?' "tR2I-fR-t-F Y,p�F� ,
+---- Formatted:Left,Right: 0",Line spacing:
Sec. 11.06.435 Regulated activity. Regulated activity means single
activity that has a potential to significantly impact a critical area that is
subject to the provisions of this chapter. Regulated activities generally
include but are not limited to any filling, dredging, dumping, or stockpiling,
draining, excavating, flooding, clearing, or grading, constructing or
reconstructing, driving pilings, obstructing, shading, clearing, or
harvesting.
Sec. 11.06.440. Repair or maintenance. Repair or maintenance
means an activity that restores the character, scope, size, and design of a
structure or land use to its previously authorized and undamaged
condition. Activities that change the character, size, or scope of a project
KCC 11.06
Critical Areas
Ordinance
45
beyond the original design and drain, dredge, fill, flood, or otherwise alter
additional critical areas are not included in this definition.
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.
Sec. 11.06.455. Seismic hazard areas. Seismic hazard areas
means areas subject to a risk of earthquake damage due to soil
liquefaction. These areas generally contains d--alluvial sediments,
normally-consolidated glacial deposits vegetated materials (,peat that
either are or can become saturated and poorly compacted fill that either is
or can become saturated. These areas are generallymapped 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 slorDe areas are generally mantled
with eenst---e,`--Vashon ice-contact deposits-tp areas" _��
sFerre-a=—.3tee�. Vashon ice-contact deposits (Qvi) are mapped in: Luzier,
Water Supply Bulletin No. 28, Geology and Ground-Water Resources of
KCC 11.06
Critical Areas
Ordinance
46
Southwestern King County, Washington, State of Washington Department
of Water Resources, 1969 Booth DB and Waldron HH Geala is Ma of
the Des Moines Quadrangle King County Washington 2004. Booth DB
Waldron HH and Troost KG, Geologic Map of the Poverty Bay—Quadrangle
King County Washington 2004.-
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.
Sec. 11.06.465. Sensitive area tract. Sensitive area tract means
a separate tract that is created to protect at4e seRskive-critical area and
its buffer.
Sec. 11.06.470. Site. Site means the location containing a
regulated critical area and on which a regulated activity is proposed. The
location may be a parcel or portion thereof, or any combination of
contiguous parcels, where a proposed activity may impact a critical area.
Sec. 11.06.475. Slope. Slope means an inclined earth surface, the
inclination of which is expressed as the ratio of horizontal distance to
vertical distance.
Sec. 11.06.480. Slope, top. Slope, top means the uppermost limit
of an area where the ground surface drops ten (10) feet or more vertically
within a horizontal distance of twenty-five (25) feet on slopes greater than
forty (40) percent.
KCC 11.06
Critical Areas
Ordinance
47
Sec. 11.06.485. Streams. Streams means those areas where
surface waters produce a defined channel or bed. A defined channel or bed
is an area which demonstrates clear evidence of the passage of water and
includes, but is not limited to, bedrock channels, gravel beds, sand and silt
beds, and defined-channel 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 surface water devices, or other
entirely artificial watercourses unless they are used by salmonids or
created for the purposes of stream mitigation.
Sec. 11.06.490. Stream reconnaissance report. Stream
reconnaissance report means a type of critical area report prepared by an
applicant's qualified eefl-_� tt-.professional to describe a stream and to
characterize its conditions, wildlife, habitat values, and water quality.
Sec. 11.06.495. Structural diversity, vegetative. Structural
diversity, vegetative 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 layer,
and tree canopy); the variety of plant species; and the spacing or pattern
of vegetation.
Sec. 11.06.505. Sub-Basin. Sub-basin means_a�smaller drairiaae_ -,---- Formatted:Left,Right: o",Don't adjust space
between Latin and Asian text,Don't adjust
baSIC7 that IS art Of a lar er dralCta 6 basin or watershed. space between Asian text and numbers
Formatted:Font Not Bold,Italic
Formatted:Font:Verdana,11 pt
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 (50)
percent of the market value of the structure either (1) before the
improvement is started or (2) before the damage occurred if the structure
KCC 11.06
Critical Areas
Ordinance
48
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 (1) an
improvement to comply with existing state or local health, sanitary or
safety (International Building Code/International Fire Code) specifications
which are necessary to assure safe conditions; or (2) 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 onsite and offsite control measures that are needed to
control conveyance or deposition of earth, turbidity, or pollutants during
development, construction, or restoration.
Sec. 11.06.515. Unavoidable and necessary impacts.
Unavoidable and necessary impacts means impacts to etea critical
area ar applicable buffers that remain after an applicant has demonstrated
that no practicable alternative exists for the proposed project.-These
impacts are-&64 subject to the mitigation provisions of KCC 11.06.
Sec. 11.06.520. Utility. Utility means natural gas, electric,
telephone, and telecommunications, cable communications, water, sewer,
or storm drainage and their respective facilities, lines, pipes, mains,
equipment, and appurtenances.
KCC 11.06
Critical Areas
Ordinance
49
Sec. 11.06.525. Volcanic hazard area. Volcanic hazard area
means an area subject to a risk of inundation by lahars or other related
flooding events resulting from volcanic activity originating from Mount
Rainier. These areas are mapped as Inundation Zones for Class M lahars
on maps contained within: Hoblitt, R.P., Walder, J.S., Driedger, C.L., Scott,
K.M., Pringle, P.T., and Vallance, J.W., Volcano Hazards from Mount
Rainier, Washington, U.S. Geologic Survey Open File Report 98-428, 1998.
Sec. 11.06.530. Wetland. Wetland or wetlands means areas that
are inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands do not include those artificial wetlands intentionally
created from nonwetland sites, including, but not limited to, irrigation and
drainage ditches, grass-lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or
those wetlands created after July 1, 1990, that were unintentionally
created as a result of a road, street, or highway. However, wetlands
include those artificial wetlands intentionally created to mitigate conversion
of wetlands. Identification of wetlands and delineation of their boundaries
ursuant to this cha ter shall be done in accordance with the a rp oved
federal wetland delineation manual and a plicable regional su22lements as
set forth in WAC 173-22-035.Far-kieRtif weF6frd,,—Eke
3449f)-s.ha4 `) u.3. Wetlands determined prior converted cropland (PCC)
by federal agencies may still be considered wetlands by the city of Kent. If
these wetlands meet requirements of the Washington State Department of
Ecology Manual, the wetlands shall be regulated, and the critical area shall
be protected like any other wetland pursuant to this code.
KCC 11.06
Critical Areas
Ordinance
50
Sec. 11.06.533. Wetland category. Wetland category means the
numeric designation (I through IV) assigned to a wetland to provide an
indication of that wetland's overall function and value. Wetland categories
rank the city's wetlands from highest (Category I) to lowest (Category IV).
Sec. 11.06.535. Wetland class. Wetland class means the U.S.
Fish and Wildlife Service wetland classification scheme that uses an
hierarchy of systems, subsystems, classes, and subclasses to describe
wetland types (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 (11) class names are used to
describe wetland and deepwater 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 this
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 twenty (20) acres in area.
Sec. 11.06.547. Wildlife-tassable fence. Wildlife-passable fence
means a fence that is desi ned and . laced to allow wild animals of all sizes
to pass beneath or through in order to promote wildlife mobility and
KCC 11.06
Critical Areas
Ordinance
51
habitat corridors. A wildlife-passable fence may include split-rail cedar or
other non- ressure treated fencin t e a . roved b the director.
Article III. General Mitigation and Monitoring
Sec. 11.06.550. Mitigation standards.
A. Mitigation sequencing shall be avoidance, minimization, mitigation.
Any proposal to impact a critical area shall demonstrate that it is
unavoidable or will provide a greater function and value to the critical area.
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. Proposals which include less preferred
and/or compensatory mitigation shall demonstrate that:
1. All feasible and reasonable measures have been taken to
reduce impacts and losses to the critical area, or to avoid impacts where
avoidance is required by these regulations; provided, that avoidance is not
required where an applicant proposes to fill and replace a hydrologically
isolated emergent Category III or IV wetland less than five thousand
(5,000) square feet in size pursuant to KCC 11.06.610(C). F-&=--t-ke
d4eteFff ,ef-€Rg+Reefs:
2. The restored, created, or enhanced critical area or buffer will
at a minimum be as viable and enduring as the critical area or buffer area
it replaces.
KCC 11.06
Critical Areas
Ordinance
52
333---In the case of wetlands and streams, no overall net Ioss omrmatted:Font:(Default)Verdana,Ilpt
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 functions.
--- Formatted:Left,Right: 0",Line spacing:
C. jvlitlgation _ Bankirr,_and_In-Lieu Fee_ _Mitigation._The Cit, y. single
ma ,
-- Formatted:Font Verdana,11 Pt
approve mitigation hankm and or in-Ileu fee mitigation as a form of )
Formatted:Justified,Line spacing: 1.5 lines
COmpenSatOrY mite ation for wetland and habitat conservation area
impacts when tl'le proylslOns Of tl'71S C.ha _to er regUlre_ ITlltioat Lon and_ Formatted:Font:Verdana,11 pt
the use Of a mitigation bank n-lieu fee program will provide equivalent Or
reater re lacement of critical area functions and values when com ared
t0 conventional permittee-responsible mitigation. Mitigation banks and in-
lieu fee program shall and be used when it can be demonstrated that the
rovide si nificant ecolo ical benefits includin long-term conservation of
critical areas important s ep cies habitats andlar habitat linkaoes,,_a__nd
when the are documented to rovide a viable alternative to the
iecemeal miti ation for individual sect impacts t0 achieve ecosystem-
based conservation oats. Miti ation banks and in-lieu fee ro rams shall
not be used unless they are certified in accordance with applicable federal
and state miti ation rules and ex ressl authorized throw h Cit le islative
action.
Formatted:Font:Verdana,I pt
Formatted:Left,Indent:First line: 0',Right:
0",Line spacing: single
____
Formatted:Indent:First line: 0"
Sec. 11.06.560. Location and timing of compensatory
mitigation.
A. Mitigation shall be provided onsite where possible, unless the
director agrees that a higher function and value can be accomplished
offsite within the same drainage basin. Mitigation may be allowed offsite
only when it is determined by the director--th;eagk "- Ste^
KCC 11.06
Critical Areas
Ordinance
53
-eeess, that onsite 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 onsite.
B. When mitigation cannot be provided onsite, mitigation shall be
provided in the same drainage basin as the permitted activity on property
owned, secured, or controlled by the applicant where 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. In-kind mitigation shall be provided except when the applicant
demonstrates, and the director concurs, that greater function and value
can be achieved through out-of-kind mitigation.
D. When wetland, stream, or habitat mitigation is permitted by these
regulations onsite or offsite, 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.
KCC 11.06
Critical Areas
Ordinance
54
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 objectives. A
be,PAfinancial guarantee 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 financial ouaranteeanee—arid
FRa e `eRd shall equal one hundred twenty-five (125) percent of
the cost of the mitigation project for the length of the monitoring period.
Financial auaranteessee&:A�ee shall not be reduced or released4II6Ufse4
until the maintenance and monitoring period is complete and has been
approved by the city.
C. The following 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
KCC 11.06
Critical Areas
Ordinance
55
throughout the monitoring period, permanent transects, sampling points
(e.g., quadrants or water quality or quantity monitoring stations), and
wildlife monitoring stations.
3. Clearly stipulated qualitative and quantitative sampling
methods.
4. Appropriate 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 wetland
hydrology, hydric soils, and habitat types and requirements as appropriate.
Where plantings ex+etare proposed, an analysis of soil is required. Soil
amendments shall be considered as aoorooriate for site conditions.
5. Monitoring programs shall be for a period of at least Florae
Jj}f+t }-five 5 years and include at a minimum: preparation of an as
built plan; annual monitoring and preparation of annual monitoring reports
following implementation; and a maintenance plan. Monitoring periods
may be reduced to three (3) ears at the discretion of the director if the
annual monitoring report proves that the mitigation �roject has met
established erformance standards. More stringent monitoring
requirements may be required on a case-by-case basis for more complex
mitigation 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 be prepared
by a eeF,&u#afttqualified professional and must contain all
KCC 11.06
Critical Areas
Ordinance
56
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 performance
standards will be met.
7. The director may extend the monitoring period beyond the
minimum time frame if performance standards are not being met at the
end of the initial five (5) year period; and require additional financial
securities or bonding to ensure that any additional monitoring and
contingencies are completed to ensure the success of the mitigation.
Article IV. Wetlands
Sec. 11.06.580. Wetlands rating system.
A. Wetlands are classified as Category I, II, III, or IV based on the
2014 Washington State Wetland Rating System for Western Washington,
Washington State Department of Ecology Publication No. 44v 14-06-
029, published OctolberAttgust 20194.
B. Wetland rating categories shall not recognize illegal modifications
that have been made to a wetland or its buffers.
Sec. 11.06.590. Determination of wetland boundary by
delineation.
A. The ae raved federal wetland delineation manual and applicable
regional suo lements shall be used to conduct wetland delineations.
Delineations shall be required when a development is proposed on
KCC 11.06
Critical Areas
Ordinance
57
property containing wetlands identified on the city of Kent wetland
inventory or when any other credible evidence may suggest that wetlands
could be present. Delineations shall also be performed when the evidence
suggests that buffers Pelf+-of wetlands on adjacent properties may impact
the proposed development.
B. The exact location of the wetland boundary shall be determined
through the performance of a field investigation applying the wetland
definition of this chapter.
,.thee e)EpeFts as __ded . eFfe...... the del:Reat:an. 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 department may only be
appealed pursuant to procedures outlined in this chapter.
C. The delineation shall contain the following information:
1. A written assessment and accompanying maps of wetlands
and buffers within two hundred seventy-five (275) 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); field delineation data sheets wetland ra-t-in-g forms,_wetland
delineations and required buffers; existing wetland acreage; wetland
category; vegetative, faunal, and hydrologic characteristics; soil and
substrate conditions; and topographic data.
KCC 11.06
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58
2. A discussion of measures, including avoidance, minimization,
and mitigation proposed to preserve existing wetlands and restore any
wetlands that were degraded prior to the current proposed land use
activity a discussion of the wetland`s h dralagic regime discussion of
existin wetland functions landsca e settin and discussion of potential
direct andlor indirect impacts that may occur to the wetland due to the
proposed activity-
3. A habitat and native vegetation conservation strategy that
addresses methods to protect and enhance onsite habitat and wetland
functions.
D. A wetland delineation which has been confirmed by the department
pursuant to a vested or valid city permit or land use ap rp oval -Fevieva
for a proposed project shall be binding upon the city and the applicant. If a
wetland delineation report 4as-is not part afa vested or valid city permit or
Land use ap rp oval
.ss, arFrd—or the city has approved a wetland delineation report for
another purpose, the wetland delineation report shall be valid for a period
of five 5 twer-e2i years from the date of the approved report.
Sec. 11.06.600. Wetland buffers and building setback lines.
A. Purpose.
1. T_he_establishment of _buffers_ shall_be_reouired_for all- --- Formatted:Justified,Indent:First line: 0.5',
Line spacing: 1.5 lines
develo ment ro Josals and activities In or ad'aCerit t0 Wetland S. The Formatted:Font:Verdana,11 pt
ur ase of the buffer shall be to ratect the irate rity, function value and
resources of the wetland. Buffers shall t icall consist of an undisturbed
area of native vegetation established to achieve the purpose of the buffer.
KCC 11.06
Critical Areas
Ordinance
59
No buildings structures
Where flexible hu such
enhancement shall be considered in- determinir_gapprojjrjqte�
and
.shall be allowed in a buffer unless otherwise pmermitt
''
-2-.---,Reg1jLirqd buffer widths shall reflect the functions arid
---
-''
e conducted near the wetland in
those circumstaricea-vViere-such—activity is permit���
| B. _Standard buffer widths.
|
l. Standard buffers shall bo determined by the wetland category
pursuant toKCCll.U6.58U and the habitat score from the Washington
State Wetland Rating System for Western Washington, Washington State
Department of Ecology Publication No. published
| lUle-f4tgpusk2U184. Standard buffers shall be applied to wetlands unless
|
otherwise reduced pursuant to subsection (D) of this section, increased
pursuant to subsection (C) of this section, or otherwise adjusted under
other provisions of this chapter. Standard buffers (in feet) and reduced
buffers permitted pursuant to subsection D of this section are provided in
the following table:
Habitat Subsection Subsection Subsection---
Poi ts
KCCuu.ms
Critical Areas
Ordinance
60
h
Category I 125 100 I150 125 l225 200 Formatted:L&t
IlCategory II 100 75 125 I110 I200 175 ---- Formatted:L&t
Category Formatted:Ltt
III 75 60 125 110 n/a n/a
Category IV 50 40 n/a n/a n/a n/a ---- Formatted:Ltt
2. 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.
3. Bogs shall have a standard buffer of two hundred fifteen
(215) feet. However, a twenty-five (25) foot reduction is allowed with
implementation of subsection B of this section.
4. Natural heritage wetlands shall have a standard buffer of two
hundred fifteen (215) feet. However, a twenty-five (25) foot reduction is
allowed with implementation of subsection B of this section.
CS. Reduced buffer widths. S,Stardard_ _buffer widths_ a�s_ noted_in ,, rormatted'.Fmt.verdaoa,11pt )
subsection B of this section mad be_rreduced_throug h_a_ccorrbinatio n_af Formatted:Foot:yerdaoa,11 pt )
buffer enhancement and mitigation measures. The applicant shall
KCC 11.06
Critical Areas
Ordinance
61
demonstrate that by-en-ham ci ri the buffer and use Of-applicable mitigation
measures identified in the followin table the reduced buffer will function
at a hi her level than the standard buffer.
1. -rior - to -approval - of_a - reduced -buffers,- a- critical -areas- ; Formatted:Font venders,Il pt
a1J licatian shall meet all of the Criteria listed below. A reduced buffer will Formatted:Justified,Indent Left m0",First
line. 0.5,Line spacing. 1.5 lines
be approved Only if:
Formatted:Font:Verdana,11 pt
a. It will rovlde an overall Im rovement in water uallt - Formatted:List Paragraph,Justified,Line
spacing 1.5 lines,Numbered+Level 1+
Numbering Style a,lb,c, +Start at 1+
Alignment Left+Aligned at 1 +Indent at.
b. It will rovide-an overall-enhancement_to fish- wildlife,,- 15
Or their Fta bite t' Formatted:List Paragraph,Justified,Indent:
Left 1.5",Line spacing 1.5 lines
Formatted:Justified,Indent:Left: V,First
C. It will riot result In an alteration Of curr8nt drama e �� `� line: 1",Line spacing: LSlines
pt
and St Ormwater detention Capabllltles� Formatte;Font:
Times n ewlRoman �
Formattet left NO,First line
FormatteVerdana,11 ptC�. __j wil CIOt ead t0 unstableearth cOnditionS Or creat8 ,i Formatteed,Indent:Left: 0",Firstdline: 1",Ling: 1.5 lines
art erosion hazard; _________________________
lForm;attted:
:Font Times New Roman
_ :Indent left 0,First line 1"
e. t- -will riot be materlalll _ _d_ etrlmental to and OthermFont:venders, 1pt:Font:Verdana,11 pt:Font:Verdana,11 pt
:Justified,Indent:Left: 0",Firstine spacing: 1.5 lines
F n�� ` Formatted:Font:Verdana,11 pt
f_t4l eXpOSed areas are stabilized with native Vegetation � `
---- -- -- - - -- - - - - - Formatted:Font:Verdana,11 pt
as a[JprOp date. omae_d_:F_o_n_t_V_e_r_d_a_nea,_1_1_p
ett
rmatted:Font:Verdana,11 pt
2.__Standard buffer widths as noted in subsection A—F3_of this---- Formatted:Indent:Firstline: 0.5" )
section may be reduced, as provided in that subsection's table, if the -- Formatted:Font:Verdana,I I pt )
applicant implements all applicable mitigation measures identified in the
following table:
KCC 11.06
Critical Areas
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62
Examples o
Examples ctivities and Use Measures t --- Formatted Table
of That Caus Minimize
Disturbanc Disturbances Impacts
Lights • Parking lots • Direct lights
• Warehouses away from
• Manufacturing wetland
• Residential
Noise • Manufacturing Locate
• Residential activity that
generates
noise away
from wetland
Toxic • Parking lots Route all
runoff* • Roads new,
• Manufacturing untreated
• Residential areas runoff away
• Application of from wetland
agricultural pesticides while ensuring
• Landscaping wetland is not
dewatered
• Establish
covenants
limiting use of
pesticides
within 150 feet
of wetlands
• Apply --- Formatted:indent:First line: 0.11"
integrated
KCC 11.06
Critical Areas
Ordinance
63
Examples o
Examples ctivities and Use Measures t --- Formatted Table
of That Caus Minimize
Disturbanc Disturbances Impacts
pest
management
Change in • Impermeable • Infiltrate or
water surfaces treat, detain,
regime • -Lawns and disperse
• Tilling into buffer
new runoff
from
impervious
surfaces and
new lawns
Pets and • Residential areas Use--prtvaey
human Rt
disturbance dense r9aE:ve
vegetat eR te
OCRRC
Je'r9eQEC
__J�
IITm
El seear-age
Q J: -b
I'stuJCQT'CQI"ICC%
__J�
QTm
V�e
t aet aF
KCC 11.06
Critical Areas
Ordinance
64
Examples o
Examples ctivities and Use Measures t --- Formatted Table
of That Caus Minimize
Disturbanc Disturbances Impacts
easengent
Contain pets
to prevent
disturbance,
i.e. doo run.
chicken coop
Dust • Tilled fields Use best
management
practices to
control dust
* These examples are not necessarily adequate for
minimizing toxic runoff if threatened or endangered
species are present.
• This is not a complete list of measures. Other
similar measures may be proposed by the applicant
for approval by the director or his/her designee.
• Applicant shall discuss all applicable mitigation
measures in the mitigation plan, including benefits
to the wetlands for those used and rationale for not
including specific measures.
DG. Increased buffer widths.
1. If a Category I or II wetland with a habitat score greater than
twenty (20) points is located within three hundred (300) feet of a priority
KCC 11.06
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Ordinance
65
habitat area as defined by the Washington Department of Fish and
Wildlife, or as mapped by the city of Kent as a priority habitat area in
accordance with the Washington —Department of Fish and Wildlife
definitions, the buffer established in subsection A of this section shall be
increased by fifty (50) feet unless:
a. The applicant provides a relatively undisturbed
vegetated corridor at least one hundred (100) feet wide between the
wetland and all priority habitat areas located within three hundred (300)
feet of the wetland. The corridor shall be protected for the entire distance
between the wetland and the priority habitat area pursuant to KCC
11.06.640; and
b. The applicant incorporates all applicable mitigation
design criteria pursuant to subsection B of this section.
2. The director may require increased buffer widths on a case-
by-case basis when a larger buffer is necessary to protect species listed by
the federal government or the state as endangered, threatened, sensitive,
or documented priority species or habitats. Such increased buffers shall be
based on recommendations by a qualified professional wetland biologist
and, if applicable, best management practices for protection of the species
adopted by an agency with jurisdiction.
---- Formatted:JMe.t:First line: 0"
KCC 11.06
Critical Areas
Ordinance
66
---- Formatted:JMe.t:First line: 0 5
ED. Buffer averaging.
1. Wetland buffer width averaging shall be allowed where the
applicant demonstrates the following:
a. The ecological functions and values of the buffer after
averaging are equivalent to or greater than the functions and values before
averaging as determined by a qualified professional and
as approved by the city. Properly functioning buffers shall not be reduced
through buffer averaging except in exceptional circumstances, such as a
need to gain access to property or other similar circumstances, to be
approved by the director.
b. Averaging will not adversely impact the wetland
functions and values.
C. The total area contained within the wetland buffer after
averaging shall be no less than the total area contained within the
standard buffer prior to averaging.
KCC 11.06
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67
d. At no point shall the buffer width be reduced by more
than fifty (50) percent of the standard buffer or be less than twenty-five
(25) feet.
e. The additional buffer shall be contiguous with the
standard buffer and located in a manner to provide buffer functions to the
wetland.
f. If the buffers are degraded pursuant to KCC 11.06.227,
they shall be restored pursuant to an approved restoration/enhancement
plan.
g. If restoration or enhancement of the buffer is required
in order to establish a suitable growth of native plants, maintenance and
monitoring of the buffer for a period of at least t4Fee-five (53) years shall
be provided pursuant to an approved monitoring plan as required by KCC
11.06.570- including a financial guarantee until the maintenance and
monitoring period is completed and has been approved by the city.
F€. Buffer restoration required. If the buffers, including both standard
buffers and buffers which are averaged, are degraded, they shall be
restored during development pursuant to an approved restoration plan. If
the plan includes establishing a suitable growth of native plants,
maintenance and monitoring of the buffer for a period of at least -five
(35) years shall be provided pursuant to an approved monitoring plan as
required by KCC 11.06.570 including a financial guarantee until the
maintenance and monitoring period is completed and has been approved
by the city. Where it can be demonstrated that there will be no impacts
KCC 11.06
Critical Areas
Ordinance
68
from the proposed development to the wetland or wetland buffer, the
director shall have the authority to waive or modify this requirement.
€G. Required report for buffer averreduction and/or
averaging.
A=_i�equestto_reduce the buffer or
buffer average pursuant to subsections C or EB of this section shall b�.
supported by a_buffei' en hancemenk(_restoration elan prepared bv_a
qualif�ssional. The plan shall assess the habitat, water quality,
storm water detention, groundwater recharge, shoreline protection, and
erosion protection functions of the buffer; assess the effects of the
proposed decreased or modified buffer on those functions; and address the
applicable criteria listed in this section. A buffer restoration and/or
enhancement plan shall also provide the following: (1) a map locating the
specific area of restoration and/or enhancement; (2) a planting plan that
uses native plant species indigenous to this region including groundcover,
shrubs, and trees; and (3) provisions for monitoring and maintenance
throughout the monitoring period.
HG. Buffer condition. Except as otherwise allowed by this section,
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 approved
restoration/enhancement plan consistent with this code.
IK Buffer utilization for landscape requirements. Enhanced wetland
buffers may be used to satisfy landscaping requirements in Ch. 15.07 KCC
where all of the following criteria are satisfied:
KCC 11.06
Critical Areas
Ordinance
69
1. The buffer, as enhanced by applicant, will provide equivalent
or greater protection of wetland functions.
2. The enhanced buffer will meet the landscaping requirements
as outlined in Ch. 15.07 KCC. The proposed landscape vegetation satisfies
wetland buffer vegetation requirements.
3. The enhanced buffer is of the full landscape width required by
Ch. 15.07 KCC.
J;. Permitted uses in a wetland buffer. Activities shall not be allowed in
a buffer except for the following and then only when properly mitigated
and conducted in a manner so as to minimize impacts to the buffer and
adjacent wetland:
1. When the improvements are part of an approved
enhancement, restoration, or mitigation plan.
2. For construction of new public or private roads and utilities,
and accessory structures, when no practicable alternative location exists.
3. Construction of foot, pedestrian, bicycle trails, according to
the following criteria:
a. Designed to minimize impact on the wetland s sY tem.<---- rormatted:v,deot:Fo-auoe: r�
aCEr�teEeef—e€—�. ���eay�a � kie
Afree-tit'-
b. Desi ned to the minimum width necessar to cross the
buffer.9es Fr FrrFze-FFrrr�aet-eFt-tk -sFFeaFrrw�eFEar�d-syr.�Eetr+:
KCC 11.06
Critical Areas
Ordinance
70
-------------- — e
cd. Where feasible, located within the outer half of the
buffer, i.e., the portion of the buffer that is farther away from the
wetlandetf„ , except to cross a wetlandstFea„n when approved by the
city and all other applicable agencies and except as appropriate to provide
outlook points or similar locations for recreational, educational, scientific,
and other purposes which will not adversely affect the overall functions
and values of the wetland.
4. Construction of footbridges and boardwalks.
5. Construction of educational facilities, such as viewing
platforms and informational signs.
6. The construction of outdoor recreation structures such as
fishing piers, boat launches, a+td-benches, and picnic tables...
7. Maintenance of{feexisting facilities or temporary uses having
minimal adverse impacts on buffers and no adverse impacts on wetlands.
These may include but are not limited to: maintenance of existing drainage
facilities, low intensity passive recreational activities such as pervious
trails, nonpermanent wildlife watching blinds, short-term scientific or
educational activities, and sports fishing.
8. Stormwater discharge outlets--with energy dissipation
structures as approved by the city of Kent. Unless otherwise approved by
the director, these shall be located as close to the outer perimeter of the
buffer as allowed by proper design and function of the discharge system.
KCC 11.06
Critical Areas
Ordinance
71
To the extent that construction of such outlets impacts vegetation in the
buffer, restoration of the vegetation shall be required.
9. Ongoing city maintenance activities by its public works and
parks department vegetation and management divisions shall be permitted
to continue general maintenance of wetlands and associated buffers.
Maintenance shall include but not be limited to trash removal, removal of
nonnative vegetation, maintenance of existing vegetation as necessary,
restoration, enhancement, and sign and fence maintenance.
4. Building setback lines. A minimum building setback line of fifteen
(15) feet shall be required from the edge of a wetland buffer, provided the
director may reduce the building setback limit by up to five (5) feet if
construction, operation, and maintenance of the building do not and will
not create a risk of negative impacts on the adjacent buffer area.
Alterations of the building setback lines shall not be permitted to create
additional lots for subdivisions. 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.
Sec. 11.06.610. Avoiding wetland impacts. Regulated activities
shall not be authorized in Category I wetlands except where it can be
demonstrated that the impact is both unavoidable and necessary as
described below, or that all reasonable economic uses are denied.
A. wkre�e— wiEreu—ar-e—pr-epesed-trr�avo4ek-rt�le—arid
Reeesa�y—i�fpaets—�ray—be—per-r�+itEed—v�#er-e—�—�ea� Eves
{ess—e t—aFr-a—weNar� l—t-hat—aveerF�F-rrc�t—krewe—aEkte�
e+g�ve gtfeRees
KCC 11.06
Critical Areas
Ordinance
72
Where regulated activities are proposed, the
applicant must demonstrate that:
1. The basic project purpose cannot reasonably be accomplished
using an alternative site in the general region that is available to the
applicant.
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 project.
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 a reasonable attempt
to remove or accommodate such constraints.
EB. Filling of a hydrologically isolated emergent Category III or Category
IV wetland less than five thousand (5,000) square feet in size shall be
permitted, provided a replacement wetland area is created pursuant to
KCC 11.06.660(D).
Sec. 11.06.620. Limits of impacts to wetlands. Pro ap sed
im acts to wetlands must fallow the ra er miti align se uence as
identified in 11.06.550.A. In addition regulated activities must
demonstrate the following:
Pow atted:Fmt:Not Bold
KCC 11.06
Critical Areas
Ordinance
73
A. For wetk .�
{Category IV wetlands, and Category III wetlands which score less than
2&3 points for habitat functions}, 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 section,
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
section. 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 wi fe-
.s&S4ewildlife-passable fence along the entire wetland buffer edge,
unless otherwise approved by the director. Critical sensittve-area
signs must also be attached to the fence or located just inside the wildlife-
passable fence attached to a four (4) by four (4) inch cedar post (or other
nonpressure treated materials approved by the city). Signs must be
located at a rate of one (1) sign per residential lot and one (1) sign per
one hundred (100) feet for all public rights-of-way, trails, parking areas,
playgrounds, and all other uses located adjacent to wetlands and
associated buffers.
Sec. 11.06.640. Sensitive area tracts/easements.
KCC 11.06
Critical Areas
Ordinance
74
A. Condition of 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 wetland and/or wetland buffer.
Sensitive area tracts/easements are separate tracts containing wetlands
and wetland buffers with perpetual deed restrictions requiring that the
tract remain undeveloped. Sensitive area tracts are an integral part of the
lot in which they are created, are not intended for sale, lease, or transfer,
and may be included in the area of the parent lot for purposes of
subdivision method and minimum lot size.
B. Protection of—wet(ands/bufferssepsk;v:--e,Fe&-n=aei�s. The director
shall require that a seFr.kive-critical area be protected by one (1) of the
following methods:
1. Protection of a re ulated wetland and its associated buffer
shall be provided by placing it in a separate tract an which development is
prohibited executin an easement dedication to a conservation
ar anizatian ar land trust ar similar) reserved thrau h a ermanent
rotective mechanism acce table to the cit . The location and limitations
associated with the wetland and its buffer shall be shown on the face of
the deed or plat as ap licable to the ro ert and shall be recorded with
the King County recorder`s office, ark ,
t,ict—f t
2. The applicant shall record against the property a permanent
and irrevocable deed restriction 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
KCC 11.06
Critical Areas
Ordinance
75
perpetuity the development, alteration, or disturbance of vegetation within
the sensitive area tract except for purposes 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.
Sec. 11.06.650. 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 buffer against the
property with the King County recorder's office. The notice shall be
approved 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 released if the wetland designation no longer applies; however, the
applicant shall be responsible for completing a wetland delineation report,
which will be subject to approval by the director. Any unapproved
alterations of a wetland will result in a code violation and will be enforced
to the fullest extent of the 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 construction, maintenance,
and monitoring of replacement wetlands and/or buffers and, as
appropriate, land acquisition that re-creates as nearly as practicable or
improves the original wetlands in terms of acreage, function, geographic
location, and setting. C� om_ ensatar miti atian _ lans shall be consistent ,, rormatted:root: iipt
KCC 11.06
Critical Areas
Ordinance
76
with Wetland Miti atiart in Washin tart State - Part 2: Devela in
Mitiaatian Plans--Vefsian 1 (Ecolo Publication #06-06-011b OI m is
WA March 2006 or as revised)., and Selecting Wetland Mitiaatian Sites Formatted:Font: llpt
Ustna a Watershed Approach !Western WashtnatonLLFublication #09-06-
32, Olympia WA December 2009) and may ncorporate guidance from
Calculating Credits and Debits far CarnRensa Lary Mitiaatian in Wetlands of Formatted:Font:Verdana,11 pt,Italia
Western Washirt to on (Ecology Publication i#10 06-011 Hrub/�201 - Formatted:Font verdana,11pt
Formatted:Font Verdana,11 pt
B. Goal. The overall goal of any compensatory mitigation project shall
be no net loss of overall wetland acreage or function and to replace any
wetland area lost with wetland(s) and buffers of equivalent functions and
values. Compensation shall be completed prior to wetland destruction,
where practicable. Compensatory mitigation programs shall incorporate
the standards and requirements contained in KCC 11.06.550 and
11.06.560.
C.
reference of Mitiaatian Actions.-_Mitigation_for-lost or diminished wetland Formattea:Font: llpt
and buffer functions shall rely on the types below in the following order of
preference:
Formatted:Font: I ppt
1. rtestaration(re-establishmentandrehabilitation) of wetlands:- Formatted:Font: llpt )
Formatted:Font: 11 pt
a. The goal- of re-establishment is returning natural ors---- Formatted:Indent:left: o",Firstline: i
historic functions to a former wetland. Re-establishment results in a c.Larn in - Formatted:Font: i pt
wetland acres (and functions). Activities could include removing fill
Formatted:Fonr.(Defaalt)yerdana,II pt
`---------------------------------------- ---- ---- - - Mpt
--------
Formaefault)Times New Roman
b. The goal a_f rehabilitation is repairing n_atu_ ral or historic,_, FormaLeft,Right: 0
Formaeft 0,First line 1�
functions of a de raded wetland. Rehabilitation results in a ain in wetland ________________Formapt
KCC 11.06
Critical Areas
Ordinance
77
function but does not result in a gain in wetland acres. Activities could
involve breaching a dike to reconnect wetlands to a (load Ip airt. - - - - - - - - - - -- Formatted:Fort�(M..It)Verdar.,�Ilpt
Formatted:Left,Indent:First line: I",Right:
2. Establishment_Lreationi.1 of_w edwr o __A ids n u2a sturbed _nd, 0,Line spacing: single
___ _ __ _ _ _ _ k __
mLh vegetative cover consisting of non-native Formatted:Font: 11 mmmmmmmmmmmmmmmm
pt
sites such as those ---- --------------------------- -an m-a ri ly iative Formatted:Font: 11 pt
SpeCIeS Establishment results Ina ain In wetland acres.. This should be Formatted:Indent:Left: 0",First line: 0.5"
attempted urce of water and it can be
shown that the surface and subsurface drologic regime is conducive to
the wetland communjtythat is antici cited in the desi n., Formatted:Fort (Default)Verdana,I�Ipt
Formatted:Font:(Default)Times New Roman
a. Ifa site is riot available for wetland .'restoration t Formatted:Left,Indent:First line: 0.5",
Right: 0",Line spacing: single
=M �thea pro7vaill
Formatted:Indent:left: 0",First line: 1"
authority ma authorize creation of a wetland and -buffer-upon
fFormatted:iFont: I I pt
demonstration by the a Formatted:Font�(Default)Verdana,�Ilpt )
Formatted:Font�(Default)Times New�Poman)
.iThe -hydrology ---and soil conditions _at_the'_ fFormatted:Left,Right V,Lin�pacing:
single
P-M=�d Formatted:IndenLt:2LLeft: 0"'_,First line: 1.5"
and that creation of a wetland at the Formatted:Font: 11 pt
problems elsewhere- rFormatted:
A Formatted:Font�(Default)Times New�Poman
II. T_h78_Swo2osed _MWgatlq site does riot contain,, Formatted:Left,Indent:Firstline:. 1.5�,
CiVBSIVe lasts Or noxious weeds Or that such ve elation will be com. ete Right: 0",Line spacing:single_______ L]
Forma
tted:atted:Indent:Left: 0,FLirL�t line: 1.5"_j rm tt 0 t I�
eradicated at the site. a ed Font: I pt
Formatted:Font I I�pt �)
LL,�nt-land- uses site conditions do riot Formatted:Font I I�pt �)
ieapardize the viability of the proposed wetland and buffer e.g., due to
the resence of invasive lasts or noxious weeds stormwater runoff
noise light or other impacts' and
Formatted:Font I I�pt �)
Iv. The-proL3osed wetland anal- buffer is desioned to Formatted:Font I I�pt �)
.be _self-sustaining with little littig or r.10 Oria:tELrM maintenance.- Formatted:Font. pt pt
�pt �)
Formatted: 11�pt �)
KCC 11.06
Critical Areas
Ordinance
78
_E_ _cem it__2f__s ruficarjU14 raded wetlands irr Formatted:Indent:Left: 0",First line: 0.5"
-''
combination with restoration or creation. Enhancement should-be-part of a
mitiga����g Vie altered area and meeting
�12 nt is undertaken for-specified
wildlife habitat. Enhancement alone will result in a loss of weda rid-acreage
and is less effective gh—pr-pos�
enhance wetlands or associated bufferashall demonstrate-.,
.''
rimatted
a___.How_tlbe__p L op s d enhancement will increase the,, For
wetland's buffer's functions�' Right: 0",Line spacing: single
Formatted:Indent:Left: 0",First line: I"
Formatted:Font: 11 Pt
Formatted:Font:(Default)Times New Roman
Lin
nt
In
0
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ormatted:Left,Right: 0",Line spacing:
Formatted:Indent:Left: 0",First line: I"
Fo
Formatted:Font: 11 pt
Form t
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Fo
Formatted:Left,Indent:First line: I",Right:
wet 0",Line spacing: single
Formatted:Indent:Left: 0",First line: I"
Formatted:Font: 11 pt
o
Formatted:Font:(Default)Times New Roman
D. Acreage replacement and enhancement ratio. Wetlaind alterations PFormatted:Left,Indent:First line: I",Right:
shall be replaced or enhanced using the formulas below; however, the 0",Line spacing: single
director may choose to double mitigation ratios in instances where
wetlands are filled or impacted as n result of code violations. The first
number »podfio» 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.
KCCuu.ms
Critical Areas
Ordinance
79
1. Compensation for alteration of Category I wetlands shall be
accomplished as follows:
a. By creation of new wetlands at a ratio of six (6) to one
(1);
b. By creation of new wetlands at a ratio of one (1) to one
(1) and by enhancement of existing wetlands at a ratio of ten (10) to one
(1); or
C. By a combination of creation of new wetlands and
enhancement of existing wetlands within the range of the ratios set out in
subsections (D)(1)(a) and (b) of this section, so long as a minimum one
(1) to one (1) creation ratio is met (for example, creation of new wetlands
at a one and one-half (1 1/2) to one (1) ratio along with enhancement of
existing wetlands at a ratio of five (5) to one (1) may be acceptable).
2. Compensation for alteration of Category II wetlands shall be
accomplished as follows:
a. By creation of new wetlands at a ratio of three (3) to
one (1);
b. By creation of new wetlands at a ratio of one (1) tv---- Formattea:JMe.t:Fntune: i^
one (1) and by enhancement of existing wetlands at a ratio of four (4) to
one (1); or
C. By a combination of creation of new wetlands and
enhancement of existing wetlands within the range of ratios set out in
KCC 11.06
Critical Areas
Ordinance
80
subsections (D)(2)(a) and (b) of this section, so long as a minimum one
(1) to one (1) creation ratio is met.
3. Compensation for alteration of Category III wetlands shall be
accomplished as follows:
a. By creation of new wetlands at a ratio of two (2) to one
(1);
b. By creation of new wetlands at a ratio of one (1) to one
(1) and by enhancement of existing wetlands at a ratio of two (2) to one
(1); or
C. By a combination of creation of new wetlands and
enhancement of existing wetlands within the range of ratios set out in
subsections (D)(3)(a) and (b) of this section, so long as a minimum one
(1) to one (1) creation ratio is met.
4. Compensation for alteration of Category IV wetlands shall be
accomplished as follows:
a. By creation of new wetlands at a ratio of one and one-
half (1 1/2) to one (1); or
b. By 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).
E. Decreased replacement ratio. The director may decrease the
required replacement ratio where the applicant provides the mitigation
KCC 11.06
Critical Areas
Ordinance
81
prior to altering the wetland, and a minimum 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 success
prior to allowing any alterations.
F. - - -�3uffer mitigatran- ra tias Impacts-to- buffers shall be mitigated at a -- Formatted:root: upt
11 ratio. Compensatory buffer mitigation shall replace those buffer -- Formatted:Font: Il pt
functions lost from development.
GF. Wetland74i miti ag tiara bank or In-lieu fee pro rg am. The C:U - Formatted:Font:verdana,ii pt
may approve mitigation banking andlor in-lieu Pee mitigation as a Farm of
compensatory miti ation far wetland im acts when the rovisions of this
Chapter require mitigation and when the use of a mitigation bank�in-lieu
fee ra ram will ravide e uivalent or reater re lacement of wetland
functions and values when compared to conventional permittee-
respansible mitigation. Mitigation banks and in-lieu fee program shall only
be used when it can be demonstrated that the -provide -significant
ecala ical benefits includin Ian -term conservation of critical areas
important species habitats and�ar habitat linkages and when they are
documented to .rovide a viable alternative to the iecemeal miti ation for
individual raect im acts to achieve ecos stem-based conservation oats.
Mitigation banks and in-lieu fee ro rams shall not be used unless the are
certified in accordance with applicable federal and state mitigation rules
and ex rp essly authorized through City legislative action.. e
eR
F .... L._. f....... ni@rd'
'fit iccrit—�rrivc—v—r�arix—r3—rcrrrrcc'a.
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c'fiAewffi 12R ed'I't-,fFE�Kt-e�-FF
KCC 11.06
Critical Areas
Ordinance
82
ormatted:Font: ptpt
-�[?tom}�-tj��D�—{R-�EtREfFif32RSaLF2R-=..a�h'�{�-�3.. (sr"s`d rdCG� ExGC�t-t�ia�-6tFt-Etf-
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H. Advance_mitigation.-_Miti.aation_for_.proj-ects_with ore-identified Formatted:Font: 11 pt
im acts to wetlands ma be constructed in advance of the im acts if the
miti atian is im lemented accardin to federal rules state alic an
advance mitigation and state water quality regulations.
Formatted:Font (Default)Verdana,11 pt�
IK Location. C, om ensator mltl ation actions shall be conducted onsite Formatted:List Paragraph,Indent Left:m
--_- --_- --_- ---. 0.75
or within the same sub-draina e basin as the im act site unless the Formatted:Font: ptpt f
applicant can demonstrate that:
e�egt-�. Fe-Fke-afSrylieaFtt-ea
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.
KCC 11.06
Critical Areas
Ordinance
83
2. -Onsite compensation is not feasible due to problems_with, Formatted:Font.(Default)Verdana,11 pt
---sees-- --------------sees--
hydrology, soils, or other factors. Formatted:Indent:First line: 0.5" ]
3.2-. Compensation is not practical due to potentially adverse
impacts from surrounding land uses.
4.4, Existing functional values at the site of the proposed
restoration are significantly greater than lost wetland functional values.
5.4 Adopted goals for flood storage, flood conveyance, habitat, or
other wetland functions have been established and strongly justify location
of compensatory measures at another site.
11. Offsite compensation. Offsite compensation shall occur within the
Green River Watershed^-•- ,,__;Rage b__;.. _,. the • ,P-WaRFI less eeeLIFFed,
unless:
1_______ tablished -watershed coals far waterguality -flood_storage, , Formatted:Font: Ilpt ]
or conveyance habitat ar other wetland functions have been established Formattea:Indent:left: o",Flrstline: os" ]
by the City and strongly uy st fy location of mitigation at another site or - - - -- Formatted:Fonr.(Default verdana,11 pt )
-------------------------------------sees-- - Formatted:Font:(Default)Times New Roman]
2. CCedItS fro lTl a state-certified WBtla Cid I'CIItiQatl6r7 bank_arG-- MIndent:
d:Left,Right O,Line spacing
used as com ensation and the use of credits is consistent with the terms ________________________
d:Indent left 0,First line 0�
Formatted:
Font: 1mmmmmmmmmmmmmmm
of the certified bank instrument-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - d:Font: upt
11 pt ed:Font:(Default)Verdana,
Fees - 3re—,PJ,ald- -to- -an - a�,pgd_-In-lieu - Fee_,,,-ro ogram tCP, `�- ed:Font:(Default)Times New Roman
compensate for the im aP cts. ed:Left,Indent:First line: 0.5",,Line spacing: single
Formatted:Font: 11 pt
Formatted:Indent:left: 0",First line: 0.5"
KI Offsite compensation site selection. 3-F+-sele rpe„^.x,�'o. sins
rote--2"r"cEt�4eAi--P --Qa , When_-cansiterin� aff_site_mit ig_a tion,. Formatted:Font: l 1pt ]
KCC 11.06
Critical Areas
Ordinance
84
reference should be iven to usin alternative mitigation such as a
miti ation bank an in-lieu fee ra ram ar advanced miti ation.
Aapplicants shall pursue siting in the following order of preference:
1. Upland sites which were formerly wetlands and/or
significantly degraded wetlands. Such wetlands are typically small; have
only one (1) wetland class; and have one (1) dominant plant species or a
predominance of exotic species.
2. Idle upland sites generally having bare ground or vegetative
cover consisting primarily of exotic introduced species, weeds, or emergent
vegetation.
3. Other disturbed upland.
14 . Timing. Where feasible, compensatory projects shall be completed
prior to activities that will 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 upon such compensation.
Construction of compensation projects shall be timed to reduce impacts to
existing fisheries, wildlife,, and flora.
ML. Completion of mitigation construction. On completion of
construction, any approved mitigation project must be signed off by the
applicant's qualified professional 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.
KCC 11.06
Critical Areas
Ordinance
85
Article V. Fish and Wildlife Habitat Conservation Areas
Sec. 11.06.670. Stream classifications and rating.
A. To promote 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, function, and value, and/or
their sensitivity to disturbance.
B. Classification of streams shall be determined by the department
based on consideration of the following factors:
1. Approved technical reports submitted by qualified eeflet+ htte
professionals in connection with applications for activities subject to these
regulations must contain those criteria Outlined in section 11.06.070and
the following_
a. Hydrologic _ maopinq_sl-owinq--patterns__of__water',, Formatted:Font.(Default)Verdana,11 pt ]
movement into through and out Of the site area Formatted:Indent:First line: r' ]
i - --- Formatted:Left,Right. 0",Line spacing:
b. S eCIfIC deSCfl ptlOriS Of St rea mS Iri ClUdlrig gradient and single
fIOW characteristics Stream bed COridltlOrl Stream bank and slo e Sta blllt Formatted:7ndent First line: 1"
Formatted:Font:(Default)Verdana,11 pt
resence of fish or habitat far fish, presence of obstructions to fish
movement eneral water ualit and stream bank ve etation and a
summar of existirt stream value far fisheries habitat.
---- Formatted:Left,Indent:First line: 1",Right:
2. Application of the criteria contained in these regulations; and 0",Line spacing: single
3. Maps adopted pursuant to this chapter.
C. Streams shall be designated Types 1 through 3 as follows:
KCC 11.06
Critical Areas
Ordinance
86
1. --------i--Type_ 1 Water means all shorelines identified in the -- Po tted:Font(Dd..It)Ve,dana,llpt
Kent shoreline master program.
2. Type 2 Water means salmonid bearing segments of natural
waters not classified as Type 1 Water, with documented salmonid use. Tom:
. Salmonid bearing
waters are used by fish for spawning, rearing or migration.
3. Type 3 Water means nonsalmonid segments of natural waters
not classified as Type 1 or 2 Water. These are stream segments within the
bankfull width of defined channels that are perennial and intermittent
nonsalmonid habitat streams. These waters begin at a point along the
channel where documented salmonid fish use ends.
Sec. 11.06.680. Stream buffer areas, setbacks, fencing and
signage.
A. PufposeSefreftW-pfavtsfofrs.
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 nonnative landscaping
shall be allowed in a buffer unless otherwise permitted by this chapter. 4
Ehe-s��;aRs-ptet+tatr.,4•y-t�eetrdi�sEtr� ,
pErr-st eft—Where flexible buffer widths
KCC 11.06
Critical Areas
Ordinance
87
are permitted by this chapter, such enhancement shall be considered in
determining appropriate buffer widths. Buffers 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. n-om;et��:.-trrx-rs�t=
wfN-be- s-prewi� a
a
2. Required buffer widths shall reflect the functions and values
of the stream, the risks associated 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 permitted by these
regulations.
3A1�-:�earr+-�f,Ft^rs-:..kraN-leave-a-Fxrirt+rr+E+rr+- �t k-Fitter
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64+c-� Ve?�-tsEfFPaE2�
B. Standard buffer widths. The following standard buffers are
established for streams, as measured from the ordinary high water mark.
Stream Type Standard Buffer
Type 1 Per Kent SMP
KCC 11.06
Critical Areas
Ordinance
88
Stream Type Standard Buffer
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 fifty (50) feet.
Existing buffers are degraded. These areas are generally identified by the
valley stream overlay map. The valley stream overlay area is generally
described as that area beginning at the Kent city limits where the Green
River and South 180th Street intersect, following South 180th 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 intersection of 848th
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 eastern edge of the Green
River to the point of beginning. The following standards shall apply to
peFffk—a NeaE+easdevelaoment prapasals adiacent to streams within the
overlay:
1. Stream buffers shall be fifty (50) feet.
2. The goal of the special program 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.
KCC 11.06
Critical Areas
Ordinance
89
3. The entire stream buffer shall be enhanced oursuant to aft
buffer management and enhancement plan s`-" be FeElu , onsistent
with the mitigation performance standards in this section.
4. Buffer reductions ef-aver-agiflg-shall not be permitted except
as permitted through the reasonable use provisions of KCC 11.06.090 or
the variance provision of KCC 11.06.100.
D. Increased buffers. 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 averreduction with enhancement. Standard buffer
widths for de raded buffers ma be reduced for T e 2 streams anly�
sutriect to the fallowing criteria�lae-c{e
�ageQ-.Fcr Ty7.,�' st,=-caters-er}1y, and in accordance with the stream
report- .
1. Stream and riparian 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. r` z
tte:+t-�es�..s-t-krart-what-we FlEieFl-trrE
KCC 11.06
Critical Areas
Ordinance
90
4s. The buffer width is not reduced by more than fWtE -twenty five
( 25) percent in any location.
56. All reduced buffers shall be mitigated through buffer
enhancement pursuant to the requirements of KCC 11.06.550.
F. Activities within buffer. No structures or improvements shall be
permitted within the stream buffer area, including buildings, decks, and
docks, except as otherwise permitted by this section, by the city's adopted
shoreline master program, or under one of the following circumstances and
then only when properly mitigated:
1. 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 alternative location exists; or
3. Construction of foot, pedestrian, bicycle trails, according to
the following criteria:
a. Desianed to minimize impact on the stream
rstem 40E-:
b. Designed to the minimum width necessary to cross
buffer.
----------------�'----
KCC 11.06
Critical Areas
Ordinance
91
CrA. Where feasible, 4-ocated 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 and except as appropriate to provide outlook points or
similar locations for education, recreation scientific, and other Deurposeels
which will not adversely affect the overall functions and values of the
stream.
4. Construction of footbridges and boardwalks.
5. Construction of educational facilities, such as viewing
platforms and informational signs.
6. The construction of outdoor recreation structures such
as fishing iers boat launches a+td-benches and ionic tables...
7. Maintenance of fFeexisting facilities or temporary uses
having minimal adverse impacts on buffers and no adverse impacts on
streams. These may include but are not limited to: maintenance of existing
drainage facilities, low intensity passive recreational activities such as
pervious trails, nonpermanent wildlife watching blinds, short-term scientific
or educational activities, and sports fishing.
8. Stormwater discharge outlets with energy dissipation
structures as approved by the city of Kent. Unless otherwise approved by
the director, these shall be located as close to the outer perimeter of the
buffer as allowed by proper design and function of the discharge system.
To the extent that construction of such outlets impacts vegetation in the
buffer, restoration of the vegetation shall be required.
KCC 11,06
Critical Areas
Ordinance
92
9. Ongoing city maintenance activities by its public works
and Darks department vegetation and management divisions shall be
permitted to continue general maintenance of streams and associated
buffers. Maintenance shall include but not be limited to trash removal,
removal of nonnative vegetation, maintenance of existing vegetation as
necessary, restoration, enhancement, and sign and fence maintenance.
G. Protection of streams/buffers. Long-term protection of a regulated
stream and its associated buffer shall be provided by placing it in a
separate tract on which development is prohibited; executing an
easement; dedication to a conservation organization or land trust; or
similarly preserved through a permanent protective mechanism acceptable
to the city. The location and limitations associated with the stream and its
buffer shall be shown on the face of the deed or plat as applicable to the
property and shall be recorded with the King County recorder's office.
-' Formatted:Font Italic
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KCC 11.06
Critical Areas
Ordinance
93
H;. 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:
KCC 11.06
Critical Areas
Ordinance
94
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.
73. Buffer restoration required. If the stream buffers, including both
standard buffers and reduced buffers -whkd+-are averated—a-re-deoraded,
they shall be restored during development pursuant to an approved
restoration plan. If the plan includes establishing a suitable growth of
native plants, maintenance and monitoring of the buffer for a period of at
least 4+ar- five (54) years shall be provided pursuant to an approved
monitoring plan as reouired by KCC 11.06.570 including a financial
guarantee until the maintenance and monitoring period is completed and
has been approved by the city. Where it can be demonstrated that there
will be no impacts from the proposed development to the stream or stream
buffer, the director shall have the authority to waive or modify this
requirement.
J. Bui(dina setback (rues. A minimum building setback line of Fifteen C157
feet shall be re uired Pram the ed e of a stream buffer rovided the
director may reduce the building setback limit by up to five (5 feet if
construction o eration and maintenance of the buildin da nat and will
KCC 11.06
Critical Areas
Ordinance
95
riot create a risk buffer area.
Alterations of the itted to create
additional lots for s BSBL shall be
buffer enhancement.
nt and subdivisions to which this
parovLd by the director Critical
st inside the
wildlife-
be located at a rate-of one—f 1
one hundred—(100
id associated
| by{TgOs.
Sen. 11.06.690. Alteration or development — Standards and
criteria. Alteration of streams and/or their established buffers may bo
permitted by the department subject to the criteria of this section.
Standards for mitigation of impacts tocritical areas are identified in NCC
11.06.550.
A. Alteration shall not degrade the functions and values of the stream.
D. Activities located in water bodies and associated buffers used by
nnndromou» fish shall give special consideration to the preservation and
enhancement of fish habitat, including but not limited to the following:
KCCuu.ms
Critical Areas
Ordinance
96
1. The activity is timed to occur only within the allowable work
window for the particular species as identified by the Washington
Department of Fish and Wildlife.
2. The activity is designed so as not to degrade the functions
and values of the habitat and any impacts are mitigated.
3. An alternate location or design is not feasible.
C. Relocation of 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 mitigation or enhancement/restoration
plan, and will result in equal or better habitat and water quality, and will
not diminish the flow capacity of the stream.
DE. All new culverts shall be designed following guidance provided in the
Washington Department of Fish and Wildlife's document: Design of Road
Culverts for Fish Passage, 2003 (or most recent version thereof). The
applicant shall obtain a HPA from the Department of Fish and Wildlife.
Culverts are allowed only in Types 2 and 3.
EF. The applicant or successors shall, at all times, keep any culvert free
of debris and sediment to allow free passage of water and, if applicable,
fish.
KCC 11.06
Critical Areas
Ordinance
97
FG. The city may require that a culvert be removed from a stream as a
condition of approval, unless the culvert is not detrimental to fish habitat
or water quality, or removal would be a long-term detriment to fish or
wildlife habitat or water quality.
Sec. 11.06.700. Mitigation performance standards. The
performance standards in this section, and the standards in KCC 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 of 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 (Chapter 16-750 WAC)
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.
KCC 11.06
Critical Areas
Ordinance
98
E. Use perennial plants in preference to annual specie all
be _laRted felle...:Rg the s __a _ th Fel yeaF acteF R :_i tali_t RR Rf
-.-aet ees. 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 clearing, grading, and erosion control to protect
any nearby surface waters from sediment and turbidity.
I. Show densities 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 spacing of seeds, tubers, bulbs, rhizomes, springs,
plugs, and transplanted stock, and other habitat features, to provide a
high probability of success, and to reduce the likelihood of prolonged
KCC 11.06
Critical Areas
Ordinance
99
losses of • �-�a—functions from proposed development. Prepare
contingency plans as described in KCC 11.06.550 for all mitigation
proposals.
K. Do not rely on fertilizers and herbicides to promote establishment of
plantings. If fertilizers are used, 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 applicator licensed in the state of
Washington.
Sec. 11.06.710. Wildlife habitat classification and rating.
WWildlife habitat areas subject to these regulations include habitat
classified as "critical" habitat and "ponds" according to the criteria in this
section..n_______________________ Formatted:Font:Bold
A. Fish and wildlife habitat consefvation afeasE#44ead- are those
habitat areas which meet any of the following criteria:
1. The�docurrented presence of federallv_and state_endangered ,, Formatted:Font:verdana,11pt
threatened, and sensitive species.
v ._..__ __ _.. e�eef, Ehreatened,,` •`eandidatu,,` •`:�ei�:�E;-ve,=e�
KCC 11.06
Critical Areas
Ordinance
100
2. The documented resence of s ecies and habitats found art.---- Formattea:IDdent.Fntline: 0.5
Washin tan De artment of Fish and Wildlife Priority Habitats and S ep ties
databases current City habitat maps or other relevant database. - - - - - - - Formatted:Font..(Default)Verdana,ll pt
3.2- The presence of unusual nesting or resting sites such as
heron rookeries or raptor nesting trees. This provision shall be limited to
raptors which are included within the listed categories of wildlife noted in
subsection (A)(2-l-) of this section, and shall apply to active nests.
TCt-VCfI�rT3Cf2i L"-CfTUC G
f
e4e,vt,gt—sr>eeres.
B. -atura(IV oCCurrina)�aonds- (deepwater aquatic habitat), as defined Formatted:Font:itak�
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 fish and wildlife habitat_conservation areas ,, Formatted:Font..(Default)Verdana,llpt
sr+t+eal—kaaiEat—aFeas-shall be determined by the department, based on a
critical area report prepared by a qualified
professional pursuant to this chapter and in consideration of the following
factors:e- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,, Formatted:Font:(Default)Verdana,11 pt
1. Research and evaluation of best available Science sourcesw---- Formatted:IDdent:Fntline: 05
relevant to S eCIeS and habitat resent within the cit as documented In
Cit of Kent Best Available Science Review for Fish and Wildlife Habitat
Conservation Areas 2004 or amendments thereto
KCC 11.06
Critical Areas
Ordinance
101
Department of Fish and Wildlife
3. Recommendations contained in the wildlife study submitted*----Cio�,-.tt.d Ind�nt�Fntlm 0 5° )
erits of these
regulations.
4. The ri -----CFo�,-.tt.d-.Ind�nt�Fntlin-. 0.5�- )
On the site and or adacent sites. Buffers are encoura ed but are not
required for secondary habitat.
�,..tt.d Fnt�(Dd..It)V�rd.n.,�11 pt
B. The critical area report must meet the criteria listed iri sectiori Let,Right: v
11.06.070 of this code iri additiori to Font:�V�,d.n.,11 pt)
—1. A narrative summary-pf-exi-sti-rig habitat functions and
values.
2. The documented resence of s ecies and habitats found On
Washin ton De artment of Fish and Wildlife Priority Habitats and Species
databases,current City habitatmaps or other relevant database.
3. A description and location of any migration ar movement
corridors.
4. Identification
disturbed or de railed b human activit or natural racesses.
KCC 11.06
Critical Areas
Ordinance
102
5. Identification types and any sRe Giescommon) associated with that habitat.
6. Monitor report
documentin that it is not current) bein used b the relevant s ecies to
demonstrate that a Westin site is inactive and not subject to these
regulations
k_aE
---------3—Ree
Ca. Buffers for ponds shall be seventy-five (75) feet plus a fifteen (15)
foot BSBL.
KCC 11.06
Critical Areas
Ordinance
103
D9. Certain uses and activities which are consistent with the purpose
and function of the habitat buffer and do not detract from its integrity 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 eable
pedestrian trails, platforms, and utility
easements; provided, that any impacts to the buffer resulting from
permitted facilities shall be mitigated. When permitted, such facilities
shallshau'd be located in the outer ten (10) feet of the buffer, unless
otherwise approved by the director.
€E. Long-term protection of fish and wildlife habitat conservation areas
er+tleal-ktabFEat-a�eaa-and their associated buffer(s) shall be provided by
placing them in a separate tract on which development is prohibited;
protection by execution of an easement; dedication to a conservation
organization or land trust; or a similar 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 or plat as
applicable to the property and shall be recorded with the King County
recorder's office.
Sec. 11.06.730. performance standards - halteration or
development of wildlife habitat.
A. Fish and wildlife habitat conservation areasG4t;caf—, .
Alterations of fish and wildlife habitat conservation areas errt;c�
shall be avoided, subject to the variance or reasonable use provisions of
this chapter.
KCC 11.06
Critical Areas
Ordinance
104
B. Where permitted by these regulations, alteration shall not degrade
the functions and values of the habitat.
C SpecrfIC habitat: Endart er _Threatene and-Sensitive Species- - - - _- Formatted:Font:Itauc )
1. No devela meat shall be allowed within a fish and wildlife*---- Formatted:Indent:Firstline: 0.5
- - - - - -------------- ----- -- - -------------------
habitat of Im artance ar buffer with which State or federal) endan 8g r8d4 Nrmatted:Font:Verdana,l l pt
threatened Or sensitive s ecies have a rimar association exce t as
Otherwise approved through this cha ter. For fish-habitat-of importance on
lands re ulated under the Kent shoreline master ro ram development
also must meet the use and devela ment re uirements Of the Kent
shoreline master program.
Formatted:Justified,Indent First line 0�2. Whenever- activities are proposed adjacent to a fish and Line spacing 15lines
Formatted:Font Verdana,11 pt
Wildlife habitat Of Im OrtaCiCe Wltl'7 WI'71Ch State Or federal) endan Bred
threatened or sensitive s.ecies have a rimary association such area
shall be ratected throu h the a lication of rotectian measures in
accordance with a critical areas re art prepared by a qualified professional
and a raved b the Cit A royal far alteration of land adjacent to the
fish and wildlife habitat Of importance Or its buffer shall not Occur prior to
consultation with the De artment of Fish and Wildlife and the a amLpnate
federal agency.
�---- Formatted:Justified,Linespacing: 1.51ines
Formatted:Font:Verdana,11 pt
1. f1 buffer mea SUred from t'te OU termost nest tree- IC7 t'te - EFormatted:
matted:Justified,Indent First line: 05,
spacing 1 5 lines
rookery., shall he established around an active rook er
_ - _ - � This area Shall be matted:Font venders,11 ptmaintained IC7 C7atIVeVegetation. matted:Font Verdana,11 ptFont Verdana,11 pt
The table below includes the ear-round buffers for teat blue heron- - Formatted:Font:Verdana,II pt
Formatted:ndent:rookeries recommended by the Washington Department of Fish and First line: 0..
Wildlife Maria ement Recommendations.
KCC 11.06
Critical Areas
Ordinance
105
Formatted:Justified,Indent:First line: M%
Line spacing: 1.5 lines
Great Blue Heron &22kery Recommended Buffers
Feet Setting % built within 1/4 mile of
the nest colon
984 Undeveloped 0 - 2%
656 SuburbarjRural 2 - 50%
197 Urban >_ 500/.
Formatted:Font Venders,11 pt
. _Between janUarSt -aCid_�U � 31StE_C70 CBarICta, graCICiQ Or _F� Formatted:Font Venders,ll pt
land disturbing activity shall be allowed within the applicable butter listed Formatted:Justified,Indent First linemOS',
Line spacing. 1.5 lines
above unless-otherwise„appraved b the Cit and Washin ton De artment- ,,. Formatted:Font:Verdana,11pt
Of Fish a rtd Wildlife. Formatted:Font:Verdana,11 pt
Formatted:Font:Verdana,11 pt
3�Approval- Of_permlts for activities withina_heron- rookery Formatted:Font Venders,11pt
buffer shall riot occur prior to the approval of a habitat management plan Formatted:Font Verdana,ll pt
by the City and the Washington Department Of Fish and Wildlife - - - - - - - - - Formatted:Font:Verdana,11 pt
E._ .S ecAc f7abitat. nadreL Fish_ <---- Formatted:Justified,Linespacing: 1.51ines
-- -_
' Formatted:Font Venders,11 pt
1. A_II-ac-Lw IeS�uses and_altera_tlOns Pr—opgSBd-t0 be_lOCated In Formatted:Font Venders,11 pt
Formatted:Justified,Indent First line:0 S',
Water bodies used by anal romous fish Or IC7 buffer areas tI'lat affect SUch Line spacing 151ines
water bodies shall ive s ecia consideration to the reservation and Formatted:Font:Venders,11 pt
enhancement of anadramous fish habitat including but rot limited to, Formatted:Font:Verdana,11 pt
adhering to the following standards:
a. ctivltleS- Shall - he- tinted -to Occur-only durl Ci C,L_t'te-----
Formatted:Justified,Indent First line 1 ,
Un spacng 15lines
allowable work win Ow a s desl n ated b the Washin ton De artment of """""""""""""""""""""""""""""""
Formatted:Font Verdana,11 pt
Fish and Wildlife for the a .licable s ecies-
b. n-alternative-aliartment or location for the activity-is- ,, Formatted:Font:Verdana,llpt
not feasible;
KCC 11.06
Critical Areas
Ordinance
106
'
alues of the fish habitat or other
critical areas and
d.---,4ny-irrp-qctq-to-the functions or values of the habitat
''
conservation area critical
Lreas repart.
Formatted:Left,Right: 0",Line spacing:
single
Sen. 11.06.740. Performance standards for mitigation
planning.
A. The performance standards in this section, and the general
standards in NCC 11.06.550, »hn|| be incorporated into mitigation plans
submitted to the department for impacts to wildlife habitat. The following
additional mitigation mon»uro» »hn|| be incorporated in mitigation
planning:
l. Locate buildings and structures inn manner that minimizes
adverse impacts on fish and wildlife habitat conservation areaeFkieal
4a-64,ets used by priority, threatened, or endangered species and identified
by the Wash i ngton-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.
J. Wherever possible, consolidate fish and wildlife habitat
| into larger, unfrngmontod, contiguous
|
blocks.
KCCuu.ms
Critical Areas
Ordinance
107
4. Use native plant species for landscaping of disturbed or
undeveloped areas and in any habitat enhancement or restoration
activities.
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. Dyrness 1988) or other
regionally recognized publications on native landscapes.
6. Remove and/or control any noxious and invasive weeds or
non-native 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 ualified rofessional
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
Article VI. Geological Hazard Areas
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
KCC 11.06
Critical Areas
Ordinance
108
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:
1. The recommendations contained in the geologic[,geotechnical
report required by this chapter and that is prepared by a
eeRstke"kLualified professional.
2. The sensitivity of the geologic hazard in question.
3. The type and intensity of the proposed land use- that either
may impact the geologic hazard or be impacted by the geologic hazard.
B. All buffers shall include a minimum fifteen (15) foot BSBL.
C. When the geotechnical report demonstrates that, due to application
of design and engineering solutions, lesser buffer and setback distances
will meet the intent of this regulation, such reduced buffer and setback
distances may be permitted.
1. Minimum buffer width from identified €w—landslide hazard
areas shall be equal to the vertical height of the landslide hazard or fifty
(50) feet, whichever is greater, for all landslide hazard areas that measure
ten (10) feet or more in vertical elevation change from top to toe of slope,
as identified in the geotechnical report, maps, and field-checking. No
disturbance may 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
KCC 11.06
Critical Areas
Ordinance
109
adequately protect the proposed development, adjacent developments and
uses and the subject critical area. In no case shall the buffer be less than
twenty-five (25) feet.
3. To increase the functional attributes of the buffer, the
department may require that the buffer 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 clearing or construction. The buffer boundary
markers shall be clearly visible, durable, and permanently affixed to the
ground. Site clearing shall not commence until the engineer has submitted
written notice to the department that buffer requirements of this regulation
are met. Field marking shall remain until all construction and clearing
phases are completed and final approval has been granted by the
department.
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.
KCC 11.06
Critical Areas
Ordinance
110
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 proposals 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.
B. Essential public facilities. Public emergency, health, and safety
facilities, and public utilities shall not be sited within geologically hazardous
areas or in areas that could be affected bgealogic hazards such as
landslide run out zones, unless there is no other practicable alternative.
C. Landslide hazard areas.
1. Alterations 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 certifying that the
development complies with the criteria in subsection (A) of this section.
2. Unless 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. Vegetation on slopes within a landslide hazard area or buffer
which has been damaged by human activity or infested by noxious and
invasive weeds may be replaced with vegetation native to Kent pursuant to
an enhancement plan approved by the department. The use of hazardous
substances, pesticides, and fertilizers in landslide hazard areas and their
KCC 11.06
Critical Areas
Ordinance
111
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 hazard area, slope, and vegetation unless the
alterations are necessary for slope stabilization.
D. Erosion hazard areas.
1. Clearing in an erosion hazard area is not limited to time of
year, except when such restrictions are recommended in the geotechnical
report and approved by the department.
2. Alterations to erosion hazard areas may only occur for
activities for which a hazard analysis has been completed and submitted
certifying that the development complies with the criteria in subsection (A)
of this section. The hazard analysis must be completed in general
accordance with the requisites described in the geologic report.
3. Where 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
project, the proximity to the receiving water or 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.
KCC 11.06
Critical Areas
Ordinance
112
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 implemented 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 Ch. 14.01 KCC 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 hazard areass. Sites which are located on or within
two hundred (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.
KCC 11.06
Critical Areas
Ordinance
113
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 (CARAs) are those areas with a critical recharging effect on aquifers
used for potable water as defined by WAC 365-190-030(3-2-). CARAs have
prevailing geologic conditions associated with infiltration rates that create
a high potential for contamination of groundwater resources or contribute
significantly to the replenishment of groundwater. 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 groundwater travel,
or boundaries established using alternate criteria approved by the
Department of Health in those settings where groundwater time of travel is
not a reasonable delineation criterion, in accordance with WAC 246-290-
135.
2. Susceptible groundwater management areas. Susceptible
groundwater management areas are areas that have been designated as
moderately or highly vulnerable or susceptible in an adopted groundwater
management program developed pursuant to Chapter 173-100 WAC.
3. Special protection areas. Special protection areas are those
areas defined by WAC 173-200-090.
KCC 11.06
Critical Areas
Ordinance
114
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 wetland wellhead protection program are completed. They are a
reference and do not provide a final critical area designation.
3. This mapping does not include private water wells for single-
family residences.
Sec. 11.06.780. Critical aquifer recharge area reporting
requirements.
A. Activities that require a critical area report. If located within a CARA,
the following land use proposals shall be required to complete a critical
aquifer recharge area report. The report shall be submitted to, reviewed
and approved by the department for.
1. Above ground storage tanks.
2. Dry cleaners.
KCC 11.06
Critical Areas
Ordinance
115
3. Pipelines (hazardous liquid transmission).
4. Auto repair shops (including oil/lube facilities).
5. Underground storage tanks.
6. Gas stations.
7. Other land use types as determined by the director that may
have the potential to significantly impact groundwater resources.
B. Requirements for critical aquifer recharge area reports.
1. A critical aquifer recharge area report shall be prepared by a
qualified professional who is a hydrogeologist, or engineer, who is licensed
in the state of Washington and has experience in preparing hydrogeologic
assessments.
2. A critical aquifer recharge area report shall include the
following site- and proposal-related information at a minimum:
a. Available information regarding geologic and
hydrogeologic characteristics of the site including the surface location of all
critical aquifer recharge areas located onsite or immediately adjacent to
the site, and permeability of the unsaturated zone based on available
information.
b. Groundwater depth, flow direction, and gradient based
on available information.
C. Currently available data on wells and springs within one
thousand three hundred (1,300) feet of the project area.
KCC 11.06
Critical Areas
Ordinance
116
d. Location of other critical areas, including surface
waters, within one thousand three hundred (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. Groundwater monitoring plan provisions.
I. Discussion of the effects of the proposed project on the
groundwater quality and quantity, including:
I. Predictive evaluation of groundwater withdrawal
effects.
ii. Predictive evaluation of contaminant transport
based on potential releases to groundwater.
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.
KCC 11.06
Critical Areas
Ordinance
117
Sec. 11.06.790. Critical aquifer recharge area performance
standards.
A. General requirements.
1. Activities may only be permitted 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 aquifer.
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 storm water management facilities must be
designed and constructed in accordance with the -Kent Surface
Water Design Manual as adopted by the city of Kent pursuant to Ch. 7.07
KCC or its successors.
B. Specific uses.
1. Storage tanks. All storage tanks proposed to be located in a
critical aquifer recharge area must comply with all applicable codes
including, but not limited to, the Washington 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:
KCC 11.06
Critical Areas
Ordinance
118
i. Prevent releases due to corrosion or structural
failure for the operational life of the tank.
ii. Be protected against corrosion, constructed of
noncorrosive material, steel clad with a noncorrosive material, or designed
to include a secondary containment system to prevent the release or
threatened release of any stored substances.
iii. Use material in the construction or lining of the
tank that is compatible with the substance to be stored.
b. Aboveground tanks. All new aboveground storage
facilities proposed for use in the storage of hazardous substances or
hazardous wastes shall be designed and constructed so as to:
I. Not allow the release of a hazardous substance
to the ground, groundwaters, or surface waters.
ii. Have primary containment areas enclosing or
underlying the tank or part thereof.
iii. A secondary containment system either built into
the tank structure or a dike system built outside the tank for all tanks.
iv. All outside above ground storage tanks shall be
covered to prevent rainwater from filling secondary containment areas.
2. Vehicle repair and servicing. Vehicle repair and servicing must
be conducted over impermeable pads and within a covered structure
KCC 11.06
Critical Areas
Ordinance
119
capable of withstanding normally expected weather conditions. Chemicals
used in the process of 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 groundwater
recharge criteria given in RCW 90.46.010(10) and 90.46.080.
b. Direct injection must be in accordance with the
standards developed by authority of RCW 90.46.042.
Sec. 11.06.800. Prohibited uses. The following activities and
uses are prohibited in critical aquifer recharge areas:
KCC 11.06
Critical Areas
Ordinance
120
A. Landfills. Landfills, including hazardous or dangerous waste,
municipal solid waste, special waste, wood waste, and inert and demolition
waste landfills.
B. Underground injection wells. Class I, III, and IV wells and
subclasses F01, 5D03, 5F04, 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)
E. Storage, processing, or disposal of radioactive substances. Facilities
that store, process, or dispose of radioactive substances.
F. Private wells. Any property within the city of Kent using a private
well for water supply shall abate the well in accordance with Department of
Ecology standards, when development 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.
KCC 11.06
Critical Areas
Ordinance
121
1. All property currently with a private well, or within two
hundred (200) feet of a private well, shall follow all 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
wells within two hundred (200) feet.
G. 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 base flow to a regulated stream.
SECTION 2. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. - Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days after its passage and publication, as provided
by law.
SUZETTE COOKE, MAYOR
KCC 11.06
Critical Areas
Ordinance
122
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
KCC 11.06
Critical Areas
Ordinance
123
PASSED: day of , 2015.
APPROVED: day of , 2015.
PUBLISHED: day of , 2015.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
KCC 11.06
Critical Areas
Ordinance
124
125
ORDINANCE NO.
AN ORDINANCE of the City Council of the
city of Kent, Washington, amending Chapter 14.09
of the Kent City Code, entitled "Flood Hazard
Regulations'
RECITALS
A.
B.
C.
D.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Chapter 14.09 of the Kent City Code is
hereby amended as follows:
126
Sec. 14.09.010. 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
meaning:
A. 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.
B. 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.
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CF3. 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.
DE. 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.
ER Basement means any area of the building having its floor subgrade
(below ground level) on all sides.
FG. Best available data means (1) the data provided by the Federal
Emergency Management Agency in a scientific and engineering report
127
entitled Flood Insurance Study for King County, Washington and
Incorporated Areas, dated June 16, 1995, with accompanying flood
insurance maps and any subsequent revisions thereto, or (2) hydrologic
and hydraulic analyses performed in accordance with standard engineering
practice and in accordance with FEMA standards contained in 44 C.F.R.
Part 65.
G4. Comoensatory flood storage means anv new, excavated flood
storaae volume eauivalent to any flood storaae caoacity 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.
H. 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 the State
Department of Ecology.
I. 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,
drilling operations located within flood hazard areas and other site
preparation activities, or storage of materials or equipment.
J. Director means the director of the department of public works of the
city.
K. Fill means ,,__ t eR of ---" FRateF'-' by aFt f a a' FReaRs.the
addition of soil, sand, rock, gravel, sediment, earth retaining structure, or
other material by artificial means.
128
L. 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 runoff of surface water
from any source.
M. Flood fringe means the porti on af_the Special _Flood__Hazard_Area _- Formatted:Foot:verdaoa
outside of the floodway which is enerall covered b flood waters durin
the base flood.
B. -Flood insurance rate_ map (FIRM) means the official_ map on which _ Po tted:root:Not Italia
the federal flood insurance administration has delineated both the special
flood hazard areas and the risk premium zones applicable to the
community.
440. 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.
91D. Flood protection elevation means that the finished floor of any
structure must be a minimum of two (2) feet above the base flood
elevation.
42Q. Flood season means the period from e --0ctober 1st to
March 31st 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.
129
QR. Floodplain means that portion of a river or stream channel and
adjacent lands which are subject to the base flood flooding.
RS. Floodway means the channel of the stream and that portion of_the Formatted:root:Vudaoa )
adjoining special flood hazard area which is _necessary t_o contain and rorn,atted:root:Vudaoa
dischar e the base flood flow without increasin the base flood elevation
more than one (1) foot. F- _- Formatted:Foot:Vudaoa
€)oerci—wttktotrt—errrmtfat- v� .��,=faG�—e�avatte�t—t��re•
kla eE.
-ST. Floodway fringe means that portion of a floodplain which is not
foodway.
T-U. Lowest floor means the lowest floor of the lowest enclosed area
(including basement). An unfinished or 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 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.
k4V. Manufactured home means a structure, transportable in one (1) or
more sections, which is built on a permanent 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)
consecutive days. For insurance purposes the term manufactured home
does not include park trailers, travel trailers, and other similar vehicles.
130
4W. 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.
WX. No net fill means that if any fill is brought on to a site for the
construction of a structure or access road then an equal amount of
soil/material will be removed from the site. Fill must be obtained from the
same site, to the extent practicable. The soil removed must be from within
the boundaries of the site, to the extent practicable, and from with the
special flood hazard area. If not practical, soil could be removed from
property in the immediate vicinity and within the special flood hazard area.
XY. New construction means structures for which the start of
construction commenced on or after the effective date of the ordinance
codified in this chapter.
O(fal(fied +rofessional means a �ersOn WICh BXperlen CB acid traIC71C7�^; Formatted:Font Not Bold
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IC7 t'le ertlnent SCle CitlflC d16O1 line and who is a Ualfled SClentl flC eX ert Formatted:IDdent First line 0
Wlt eexpertlSe ap CO date fOr t'le re eVa Cit Cfl tlCa area SU bje Ct IC7
accordance with WAC 365-195-905. A ualified .rofessional must have
Obtained a B.S. ar B.A. ar e uivalent de ree in bialo en ineering,.
. eg ology environmental studies fisheries geomorphology,ar related field
Or have at least five ears of related work ex erience. A ualified en irg leer
eola ist and h dro eolo ist must have an active license tO ractice
within the State Of Washington.
1. A ualified rafessianal far wetlands must be a rafessianaf�---- Formatted:List Paragraph,Indent:Left: 0",
First line: 0.5",Numbered+Level:1 +
WetlaCid SCIentlSt Or meet tl'le education requirements In this section and Numbering Style: 1,2,3,...+Start at: I+
Alignment:Left+Aligned at: 1.5"+Indent at:
have at least two ears of full-time work ex enence as a wetlands 1.7s"
[JrOfeSSIOCIa IC7CUdICI deineatin wetlands usin the federal manuals and
supplements prepariCig wetlands reports conducting function
assessments and developing and implementing mitigation Ip ans.
131
- Formatted:Font Vudana,11 pt
*AA. Recreational vehicle means a vehicle which is: Formatted:List Paragraph
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the
largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a
light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
-BB. Special flood hazard area means the total area sutriect to iriuridatiari
by the base flood identified by the Federal
Insurance Administration in a report entitled The Flood Insurance Study for
King County, Washington and Incorporated Areas, dated &e 3 May.
16, 1995894, with accompanying pages on file with King County or the
department of public works of the city.
AACC.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
132
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.
ADD. Structure means a walled and roofed building including a gas
or liquid storage tank that is principally above ground.
EEEE. Substantial improvement 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:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored,
before the damage occurred. 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 dimensions 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 or a recognized state or local inventory of
historic places.
Sec. 14.09.020. Findings. The city council finds that:
133
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 relief, 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 heights 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.
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;
134
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.
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;
135
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 special flood hazard areas ape
kazar-d-within the jurisdiction of the city.
Sec. 14.09.060. Basis for establishing the soecial flood
hazard areas The
Eke-aFea-atespecial flood hazard areas ds-are Eke-a�earv-o pae
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 and any subsequent revisions thereto
(the flood insurance study), which is hereby adopted by reference and
declared to be a part of this chapter as if stated verbatim; or the use of
best available data as defined in this chapter. 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
and other applicable regulations. Violation of the provisions of this chapter
136
by failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with conditions) shall
constitute a misdemeanor. Any person who 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 in addition
shall pay all costs and expenses involved in the case. In addition, nothing
herein contained shall prevent the city from issuing notices of violation
pursuant to Ch. 1.04 KCC to any person or entity responsible for acts or
omissions contrary to the regulations contained in this chapter, nor
prevent the city from taking any other lawful action as is necessary to
prevent or remedy any violation.
Sec. 14.09.080. Abrogation and greater restrictions. This
chapter is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this chapter
and another ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
Sec. 14.09.090. Interpretation. In the interpretation and
application of this chapter, all provisions shall be:
1. Considered 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.
Sec. 14.09.100. Warning and disclaimer of liability. The
degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
137
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 special flaad hazard
areasafeas-ef-s i I-ktazafds or uses permitted within such areas will
be free from flooding or flood damages. This chapter shall not create
liability on the part of the city, its elected officials or any officer or
employee thereof, or the Federal Insurance Administration, for any flood
damages that result from reliance on this chapter or any administration
decision lawfully made hereunder.
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R-Ev , he .ata`t--Froo�-Corr�z.rte-fleet-arreF
peFffHt--pf=eg +-re --
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
138
the special flood hazard areass shall be referred to the
department economic and community developmente ae� 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 pment 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 within the floodway fringe, the
applicant shall be required by the department of kseconomic and
community development to submit such surveys, plans, and supporting
documents as are necessary to determine the applicability of city
regulations to the proposed structure, development, or use. The
department of fKrb keeconomic and community development shall
consider not only the individual structure, development, or use, but shall
also consider it in combination with existing and future similar structures,
developments, and uses. Whenever technical information is furnished 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 fAab4ie
wrefkseconomic and community development may 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. 14.09.140. Use of other base flood data. In order to
administer the provisions of this chapter when base flood elevation data
139
has not been 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, state, or other source determined
by the director to provide accurate and detailed flood related information.
Such information shall supplement special flood hazard area information
and maps and shall be retained on file with the department of public
works, including information under KCC 14.09.150.
Sec. 14.09.150. Designation of local administrator. The public
works director or his/her designee is hereby appointed to administer and
implement this chapter by granting or 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 chapter 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 permits to determine if the proposed development
is located within a floodway. If proposed development is located within a
floodway, ensure that KCC 14.09.180 is enforced.
B. Use of other base flood data (in A and V zones).
1. When base flood elevation data has not been provided (A and
V zones) in accordance with KCC 14.09.060, the fl economic and
140
community development director or his/her designee shall obtain, review,
and reasonably utilize any best available data, 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 KCC 14.09.140, 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 basement.
2. For all new or substantially improved floodproofed structures
where base flood elevation data is provided through the flood insurance
study, FIRM, or as required in KCC 14.09.140:
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 this chapter.
3. Maintain for public inspection all records pertaining to the
provisions of this chapter.
D. Alteration of watercourses.
1. Notify adjacent communities and the Department of Ecology
prior to any alteration or relocation of a watercourse, submit evidence of
such notification to the Federal Insurance Administration.
141
2. Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood carrying capacity is
not diminished.
E. Interpretations of FIRM boundaries. Make interpretations where
needed, as to exact location of boundaries of the special (load hazard areas
of-s (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). The person
contesting the location of the actual boundary shall be given reasonable
opportunity to appeal the interpretation as provided for in KCC 14.09.210.
Sec. 14.09.160. General standards. In all special flood hazard
areasafeas-ef-s e , 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.
142
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;
C. Onsite waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding; and
d. 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, gas, electrical, and water systems located and
constructed to minimize flood damage;
143
C. 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 within special flood hazard areas.
5. Review 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 fl fseconomic and
cammuriity develapmerit to assure 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. 14.09.170. Specific standards. In all special flood hazard
areas efea& zaff4&-where base flood elevation data has
been provided as set forth in KCC 14.09.060 or 14.09.140, the following
provisions are required:
1. Residential construction.
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a. New construction and substantial improvement of any
residential structure shall have the lowest floor, including basement,
elevated to the flood protection 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:
I. 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.
ii. The bottom of all openings shall be no higher than one
(1) foot above grade.
III. 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
to the flood protection elevation; or, together with attendant utility and
sanitary facilities, shall:
a. Be flood proofed to the flood protection elevation so that the
structure is watertight with walls substantially impermeable to the passage
of water;
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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(C)(2);
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 section;
e. Applicants floodproofing nonresidential buildings shall be
notified that flood insurance 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, located outside the limits of the base floodplain.
Construction of new critical facilities shall be permissible within the base
floodplain if no feasible alternative site is available. Critical facilities
constructed within the base floodplain shall have the lowest 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 or above the level of the base floodplain shall be
provided to all critical facilities to the extent possible.
4. Manufactured homes. All manufactured homes to be placed or
substantially improved within zones Al - 30, AH, and AE on the
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community's FIRM shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home is at the flood protection
elevation; and be securely anchored to an adequately anchored foundation
system in accordance with the provisions of KCC 14.09.160(1)(b).
5. Recreational vehicles. Recreational vehicles placed on sites are
required to meet all applicable provisions of this code. If allowed by code,
recreational vehicles are required to either:
a. Be onsite for fewer than one hundred eighty (180) days;
b. Be 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 permanently attached additions; or
C. Meet the requirements of KCC 14.09.160(1) and the elevation
and anchoring requirements for manufactured homes.
6. Drainage around structures. Adequate drainage paths are required
around structures on slopes to guide waters around and away from
proposed structures.
Sec. 14.09.175. Compensatory storage.
A. Except as provided in subsection (B) of this section, within the
floedl3k-ri —F€—tta—ai�as—of special flood hazard areas, the following
provisions apply:
1. Applicants shall provide onsite replacement of one hundred
(100) percent of the storage area lost to encroachments so that there is no
increase in flood levels during the occurrence of the base flood discharge.
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Encroachments include fill, new construction, substantial improvements,
and other development. No net fill in the floodway fringe shall be allowed.
2. If an applicant seeks to provide offsite replacement of one
hundred (100) percent of the storage area lost to encroachments so that
there is no increase in flood levels during the occurrence of base flood
discharge, the applicant must submit certification by a registered
professional engineer or architect demonstrating that encroachments shall
not result in any increase in flood levels during the occurrence of the base
flood discharge, and the offsite replacement location must be located
within the same watershed that the encroachment is occurring.
3. If subsection (A)(1) or (2) of this section is satisfied, all new
construction and substantial improvements shall comply with all applicable
flood hazard reduction provisions of KCC 14.09.170.
B. Within the lower Mill Creek floodplain delineated on the Flood
Insurance Rate Map Panels 969, 1232, and 1251 as a floodway:
1. Applicants shall provide onsite replacement of one hundred
(100) percent of the storage area lost to encroachments so that there is no
increase in flood levels during the occurrence of the base flood discharge.
An alternative is to construct such that no net fill is placed onsite.
2. If an applicant seeks to provide offsite replacement of one
hundred (100) percent of the storage area lost to encroachments so that
there is no increase in flood levels during the occurrence of base flood
discharge, the applicant must submit certification by a registered
professional engineer or architect demonstrating that encroachments shall
not result in any increase in flood levels during the occurrence of the base
flood discharge, and the offsite replacement location must be located
within the same watershed that the encroachment is occurring.
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3. If subsection (13)(1) or (2) of this section is satisfied, all
residential construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of KCC 14.09.170.
Sec. 14.09.180. Floodways. Within the floodway of the special
flood hazard areas , 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 through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice 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 improvement 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 work done to structures
identified as historic places shall not be included in the fifty (50) percent
determination.
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their impact an base flood elevations keep any rise-in the 100-year flood ___________________________
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43. If subsection (1) of this section is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of KCC 14.09.170.
Sec. 14.09.190. 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 the de artment of economic and communit development atr-
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.
3. Assistance from the United States Army Corps of Engineers, ef-State
Department of Ecology or qualified professional shall be sought in
identifying wetland areas.
Sec. 14.09.200. Standards for shallow flooding areas (AO
zones). Shallow flooding areas appear on FIRMS 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. New construction and substantial improvements of residential
structures within AO zones shall have the lowest floor (including
basement) elevated above the highest grade adjacent to the building, one
150
(1) foot or more above the depth number specified on the FIRM (at least
two (2) feet if no depth number is specified).
2. New construction and substantial improvements or nonresidential
structures within AO zones shall either:
a. Have the lowest floor (including basement) elevated above
the highest adjacent grade 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 floodproofed 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 professional
engineer or architect as in KCC 14.09.170(2).
3. Require adequate drainage paths around structures on slopes
to guide floodwaters around and away from proposed structures.
«_��
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Sec. 14.09.210 Appeals. The decision_of the
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wer-ks-City to approve condition or disapprove a_permit_or license in a_ Formatted:Font:Not Bold,Font color:Auto
flood hazard area may be appealed to the land use hearing examiner. The Formatted:Font:Not sold,Font color:Auto
requested permit or license shall not be issued by a city 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-
-
_ - Formatted:Font:(Default)Times New
Roman,10 pt,Font color:Auto,English(u.5.)
Formatted:Normal
151
1. Written notice of appeal shall be filed with the department of public
works within fourteenteft (143-14) days from the date of the decision which
aggrieves the appealing party—. An—appeal fee, as set by the city council
(Ch.2.32.155), of tweRty `ve de"aFs ($25) shall be paid at the time of
filing the written appeal. The appeal will not be accepted unless
accompanied by full payment. Appeals must be delivered to the public
works department office by mail, personal delivery, or received by fax
before 4:30 p.m. on the last business day of the appeal period.
2. All notices of appeal shall state in full the decision appealed and the
reasons why the appealed decision should be reversed or modified.
Appeals shall be in writing and contain the following information:
a) Appellant's name, address, and phone number;
b) Aooellant's statement describing his or her standing to aooeal:
c) Identification of the application which is the subiect of they--- Formatted:Indent:Lett: os",Hanging:
025"
appeal;
d) Aooellant's statement of grounds for aooeal and the facts upon
which the appeal is based;
e) The relief sought, including the specific nature and extent; and
f) A statement that the appellant has read the aooeal and believes
the contents to be true, followed by the appellant's signature.
3. All appeals so filed shall be heard by the hearing examiner and a
determination by the examiner, _._,,e w th - th Fty "^` days `---- "-
.�and the hearing examiner shall render his or Formatted:Pont:Verdana,11pt
her decision in accordance with the requirements of Ch. 2.32 KCC and Ch. - Formatted:Font:Verdana,11 pt
-- Formatted:Font:Verdana,11 pt
12.01 KCC. Formatted:Pont:Verdana,11 pt
Formatted:Pont:Verdana,11 pt
4. At least seven (7) days before the appeal hearing, the department
of public works will provide the hearing examiner, the appellant, and any
152
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.
Sec. 14.09.220. Variances. Variances shall be completed in
accordance with those provisions identified in the city of Kent critical area
regulations found in KCC Title 11.
SECTION 2. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
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ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days after its passage and publication, as provided
by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2015.
APPROVED: day of , 2015.
PUBLISHED: day of , 2015.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
Aa. a<m,.ea.o a�ad--K«m1 osd.a