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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 06/08/2015 (3) ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION ON T Charlene Anderson, AICP, Planning Manager Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 PUBLIC MEETING AND PUBLIC HEARING AGENDA LAND USE & PLANNING BOARD JUNE 8, 2015 7:00 P.M. LUPB MEMBERS: Randall Smith, Chair; Barbara Phillips, Vice Chair; Frank Cornelius; Navdeep Gill; Katherine Jones; Jack Ottini and Binoy Varughese. CITY STAFF: ECD-Planning Services: Charlene Anderson, AICP, Planning Manager. Public Works: Todd Hunsdorfer, Conservation Coordinator. City Attorney: David Galazin, Civil Attorney. This is to notify you that the Land Use and Planning Board will hold a Public Meeting including a Public Hearing on MONDAY, JUNE 8, 2015 at 7:00 p.m. The meeting and hearing will be held in Kent City Hall, City Council Chambers, 220 Fourth Avenue S, Kent, WA. The public is invited to attend and all interested persons will have an opportunity to speak at the public hearing, provided, however, that comments shall be limited to only those items for which the public hearing is being held. Any person wishing to submit oral or written comments on the proposed amendments under consideration at the public hearing may do so at the hearing or prior to the hearing by email to Charlene Anderson at: canderson(abkentwa.00v. The agenda will include the following item(s): 1. Call to order 2. Roll call 3. Approval of the April 27, 2015 and May 11, 2015 Minutes 4. Added Items 5. Communications 6. Notice of Upcoming Meetings 7. PUBLIC HEARING: ZCA-2015-2 CRITICAL AREAS ORDINANCE AND FLOOD HAZARD REGULATIONS Proposed ordinance related to amendments of Chapters 11.06 Critical Areas and 14.09 Flood Hazard Regulations. - Todd Hunsdorfer 8. PUBLIC MEETING: a. LAND USE PLAN & ZONING DISTRICT MAP AND TEXT AMENDMENTS Land Use & Planning Board consideration of city-wide amendments of the Land Use Plan Map and Zoning Districts Map; including four amendments proposed by private parties in the 2014 Docket for properties located at S 272nd Street/26th Avenue S., SE Kent Kangley Rd/116th Avenue SE., S 222nd Street/88th Avenue S., and SR 5/S 240th Street. Also under consideration are amendments to Zoning Code regulations related to definitions, allowed uses, development standards, and standards and criteria for granting a request for rezone. - Charlene Anderson b. COMPREHENSIVE PLAN UPDATE Land Use & Planning Board consideration of an update to the Comprehensive Plan; including amendments to the text, goals and policies; amendments to the Land Use Plan Map and Zoning Districts Map considered under 8.a. will also update the comprehensive plan. - Charlene Anderson 9. Adjournment For documents pertaining to the Land Use and Planning Board, access the Citys website at: http:Ilkentwa.iom2.com/citiZensIDefau/t.aspx?DepartmentlD=1004. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TTy/TDD 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 LAND USE AND PLANNING BOARD MINUTES KENT APRIL 27, 2015 1. Call to Order Chair Smith called the meeting to order at 7:03 pm 2. Roll Call • LUPB Members: Randall Smith, Chair; Barbara Phillips, Vice Chair, Frank Cornelius, Navdeep Gill, Katherine Jones; Jack Ottini, and Binoy Varughese were in attendance. • City Staff: Charlene Anderson, Planning Manager; and David Galazin, Civil Attorney were in attendance. 3. Approval Minutes Chair Smith advised that the April 13, 2015 minutes were not available and will be presented at the next meeting. 4. Added Items David Galazin, City Attorney, gave recommendations to Members regarding Public Hearing procedures. S. Communications Craig Preston, 20114 101 Ct SE. Question regarding timeline for consideration of other items in the 2014 Docket report. 6. Notice of UDcomina Meetinas None 7. Public Hearina Chair Smith presented purpose and procedures of hearing and declared the first Public Hearing open. LAND USE PLAN & ZONING DISTRICT MAP AND TEXT AMENDMENTS Charlene Anderson, Planning Manager, presented twenty-two (22) exhibits to be entered into the record regarding map and text amendments. Chair Smith asked for a Motion to admit the exhibits, Board Member Gill MOVED and Board Member Cornelius SECONDED a Motion to admit the exhibits presented into the record. Chair Smith called for a vote on the motion. MOTION PASSED. Anderson presented proposed amendments to the Land Use Plan and Zoning District maps, and to the City code. The amendments presented included docket applications approved by the City Council on November 18, 2014 to be considered with the comprehensive plan update, and those proposed by Staff. The proposed map changes include: 2526 S 272"' Street (DKT-2014-4); the northeast corner of the intersection of 1161h Ave SE and Kent Kangley Rd (DKT-2014-6) ; 22202 and Land Use& Planning Board Minutes Page 1 of 4 April 27, 2015 2 22204 88 Avenue SE (DKT-2014-7); 3101 S. 240 Street and 24481 32 Avenue South (DKT-2014-8); A-Expand commercial opportunities in strategic locations in the Industrial area, including: intersection of West Valley Highway/S. 196 Street (AI); S. 180 Street (south side) from 72 Avenue S. to Lind Avenue (if extended) (A2); NE corner of intersection of 72 Avenue S. and S. 277th Street (A3); East Valley Highway and S. 212 Street (A4); B-Eliminate certain zoning districts, simplify, consolidate, including: Office and Office/Mixed Use-East Hill North (BI.a); East Hill South (BI.b); East Hill East (BI.c); Valley South (BIA); West Hill (BI.e); Industrial Agricultural-Valley West (B2.a); Valley North (B2.b); Valley South (B2.c); B3-Gateway Commercial (GWC) zoning district. C- Eliminate inconsistencies between the Comprehensive Plan Land Use Map and Zoning Districts Map, including: Vista Landing (CI); Fern Crest (C2); Megan's Meadow (C3); Maplewood Grove (C4); West Hill - 46 Avenue South (C5); Bonel Mobile Manor (C6); Frager Road South Right of Way (C7); Central Avenue South (C8); Scenic View Condos (C9); Earthworks Park (C10); 1161h Avenue SE and SE 274 Way (CII); North Central Commercial (C12); and 1001h Avenue SE and SE 2401h Street (C13). The proposed code amendments include the following: D.) Broaden allowed uses in industrial zones to include supportive retail and commercial activities (accessory sales; clarification of 25% gross floor area limits; remove grocery store size limit in MI-C and allow industrial and personal vehicle accessory sales); E.) Standards of Review - KCC 12.02.050 and KCC 15.09.050(C) and (D) (Allow speculative city-wide rezone to MI-C); F.) Community Commercial-Mixed Use Code Amendments (Require only 2% commercial on parcels 2 acres or less in size; require mixed use design review); and G.) Secure Community Transition Facilities (Retain area where allowed as Conditional Use Permit, despite change in zoning). Anderson recommended approval of the amendments presented. Chair Smith asked for testimony from the Public. The following people spoke in opposition to B2.a - Valley West: • Al Johnson, Executive Vice President of Recreational Adventures Company, who operates the KOA Campground at 5801 S 212. The following people spoke in opposition to B1.c - East Hill East: • Richard McPherson, Managing Broker, McPherson Homes & Land, Representing David Devore, 12633 SE 270 • David Devore, 12633 SE 270 The following people spoke of concerns regarding DKT-2014-6 - CVS: • Bailey Stober, 12416 SE 272 PI The following people spoke in favor of DKT-2014-4: • Phil Kitzes, PK Enterprises, 23035 SE 263 St The following people spoke in favor of Option 3 for DKT-2014-6 - CVS: Land Use& Planning Board Minutes Page 2 of 4 April 27, 2015 3 • Russell Everly, 11624 SE Kent Kangley Rd (Retracted letter opposing) The following people spoke in opposition to DKT-2014-6 - CVS: • David Malik, 16925 SE 224 St (dangerous intersection; concerned traffic impact; 2010 map shows creek and wetland - no delineation done to his knowledge) • Charlene Hall, 11841 SE 263 Ct • Parish Malik, 26220 116 Ave S Mel Roberts, Chairman, Bicycle Board, 9421 S 241 St, presented a new exhibit to be added to the record regarding bicycle accommodations. Chair Smith asked for a Motion to admit the exhibit, Board Member Cornelius MOVED and Board Member Jones SECONDED a Motion to admit the exhibit presented into the record. Chair Smith called for a vote on the motion. MOTION PASSED. The exhibit was entered into the record as Exhibit 23. The following people spoke in favor of DKT-2014-6 - CVS: • George Basmajiam, 10510 226 Ave E, Buckley, WA. Partner, Kent Kangley Partners, LLC. A property owner of proposed CVS property at 116 and Kent Kangley. The following people spoke in opposition to B1.b - East Hill South: • John Thompson, 26050 108 Ave SE Chair Smith left the Public Hearing open to be continued at the next meeting on May 11, 2015. Chair Smith declared the second Public Hearing open. COMPREHENSIVE PLAN UPDATE Charlene Anderson, Planning Manager, presented 8 exhibits to be entered into the record regarding comprehensive plan amendments. Chair Smith asked for a Motion to admit the exhibits, Board Member Cornelius MOVED and Board Member Jones SECONDED a Motion to admit the exhibits presented into the record. Chair Smith called for a vote on the motion. MOTION PASSED. Anderson presented proposed updates, changes and revisions, as well as Staff's evaluation of the Kent Comprehensive Plan through the year 2035, including the addition of the Shoreline Element. Anderson also highlighted the Capital Facilities Element and the necessary funding that is needed for the proposed Plan. Anderson recommended approval of Staff's proposal. Chair Smith asked for testimony from the Public. Land Use& Planning Board Minutes Page 3 of 4 April 27, 2015 4 The following people spoke in favor of Staff's proposed changes to the Comprehensive Plan: • Amy Gore, Futurewise, 2310 14 Ave S, Seattle, WA. Ms. Gore also presented two suggestions to be added in the Comprehensive Plan which included: 1) Add a policy allowing Kent to maintain an affordable housing strategic plan; and 2) Specify diverse cultures and language when discussing programs and services which may need to be targeted to population sub-groups, particularly in Parks and Recreation, and Economic Development. Mel Roberts, Chairman, Bicycle Board, 9421 S 241 St, presented a new exhibit to be added to the record regarding bicycle accommodations. Chair Smith asked for a Motion to admit the exhibit, Board Member ]ones MOVED and Board Member Ottini SECONDED a Motion to admit the exhibit presented into the record. Chair Smith called for a vote on the motion. MOTION PASSED. The exhibit was entered into the record as Exhibit 9. Chair Smith left the Public Hearing open to be continued at the next meeting on May 11, 2015. S. Adiournment Chair Smith adjourned the meeting at 8:56pm Charlene Anderson AICP, Planning Manager/LUPB Board Secretary Land Use& Planning Board Minutes Page 4 of 4 April 27, 2015 5 LAND USE AND PLANNING BOARD MINUTES KENT MAY 11, 2015 1. Call to Order Chair Smith called the meeting to order at 7:07 pm 2. Roll Call • LUPB Members: Randall Smith, Chair; Frank Cornelius; Katherine Jones; and Jack Ottini were in attendance. Barbara Phillips, Vice Chair; Navdeep Gill; and Binoy Varughese were absent. • City Staff: Charlene Anderson, Planning Manager; and David Galazin, Civil Attorney, were in attendance. 3. Approval Minutes Chair Smith asked for a Motion to approve the April 13, 2015 minutes, Board Member Ottini MOVED and Board Member Cornelius SECONDED a Motion to approve the Minutes. Chair Smith called for a vote on the motion. MOTION PASSED. 4. Added Items None S. Communications None 6. Notice of Upcoming Meetings None 7. Public Hearing Chair Smith presented the purpose and procedures of hearing and reopened the first Public Hearing. LAND USE PLAN & ZONING DISTRICT MAP AND TEXT AMENDMENTS Charlene Anderson, Planning Manager, presented six additional exhibits—in addition to the twenty-three (23) exhibits entered at the meeting on April 27, 2015—to be accepted into the record regarding map and text amendments. Chair Smith asked for a Motion to accept the exhibits presented into the record, Board Member Cornelius MOVED and Board Member Ottini SECONDED a Motion to admit the exhibits presented into the record. Chair Smith called for a vote on the motion. MOTION PASSED. Anderson presented corrections or additions to the previous presentation at the first public hearing on April 27, 2015 on the Land Use Plan and Zoning District maps, and to the City code, which include the following: Land Use& Planning Board Minutes Page 1 of 5 May 11, 2015 6 First, map A2. - S. 180 Street - At the first public hearing it was stated in error that the red area on the map shown was changing to MI-C. The correct staff recommendation is to change the area to General Commercial-Mixed Use (GC-MU), with some exceptions. Also, staff is not recommending to change the Open Space (OS) designation on the Land Use Plan map, but is proposing to change the Zoning Districts map designation to GC-MU. Next, map B1.a - East Hill North - Anderson explained how the split zone parcels will change on the Land Use Plan map and the Zoning Districts map. Next, map B3. - Eliminate Gateway Commercial (GWC) Zoning District - Anderson proposed to eliminate GWC completely as well as other changes. Anderson also explained how the split zone parcels will change on the Land Use Plan map and the Zoning Districts map. Next, map C2. Fern Crest - Anderson proposed to withdraw this amendment from consideration. The property is designated an urban separator and is part of the urban separators shown in the countywide planning policies so it will be included in a completely different work program. Anderson presented text changes staff is recommending to Land Use Plan and Zoning District maps to make them consistent with each other and the Comprehensive Plan. Anderson recommended approval of the amendments presented. Chair Smith asked for testimony from the Public. The following people spoke in opposition to B1.c - East Hill East, and requested high-density multifamily zoning with the southern portion of the property consistent with the multifamily designation in the area: • Richard McPherson, Managing Broker, McPherson Homes & Land, Representing David Devore, 12633 SE 270 • David Devore, 12633 SE 270 The following people spoke in favor of DKT-2014-6 - CVS, and to include an additional property to the north into the zoning change: • David Konen, 11704 Kent Kangley Rd • Penny Ackerson, 11700 Kent Kangley Rd The following people spoke in opposition to DKT-2014-6 - CVS: • Khalid Husain, 26859 129 Ave SE, (Also business owner on 132"') • David Malik, 16925 SE 224 St The following people spoke in opposition to B2.a - Valley West, and requested M1- C zoning with recreational vehicle parks as an allowed use: • Al Johnson, Executive Vice President of Recreational Adventures Company, who operate the KOA Campground at 5801 S 212. Land Use& Planning Board Minutes Page 2 of 5 May 11, 2015 7 The following people spoke in favor of DKT-2014-7, and to include his property into the zoning change: • Jim Birch, 22130 88 Ave S The following people spoke of concerns regarding DKT-2014-6 — CVS: • Bailey Stober, 12416 SE 272 PI The following people spoke in favor of DKT-2014-6 — CVS: • George Basmajiam, 10510 226 Ave E, Buckley, WA. Partner, Kent Kangley Partners, LLC. A property owner of proposed CVS property at 116 and Kent Ka ng ley. Seeing no further speakers, Chair Smith closed the Public Hearing. Chair Smith asked for a Motion, Board Member Cornelius MOVED and Board Member Ottini SECONDED a Motion to recommend to the full City Council approval of the map and text amendments recommended by Staff. Discussion ensued on the Main Motion. A Secondary Motion was made. Board Member Ottini MOVED and Board Member Jones SECONDED a Secondary Motion to amend DKT-2014-7 to include the parcel or property just to the North (as presented during public testimony by Jim Birch). Discussion ensued between Board Members on the Secondary Motion. Chair Smith called for a vote on the Secondary Motion. Board Members Ottini, Smith and Jones were in favor, and Board Member Cornelius abstained. MOTION FAILED. Discussion ensued again on the Main Motion, particularly DKT-2014-6; and Valley West (B2.a.). Staff explained recommendations. A Secondary Motion was made. Board Member Cornelius MOVED and Board Member Ottini SECONDED a Secondary Motion to recommend to the City Council that KCC 15.04.110 be amended to allow recreational vehicle parks in the M1-C Zoning District. Discussion ensued on the Secondary Motion. Chair Smith called for a vote on the Secondary Motion. Board Members Ottini, Smith and Cornelius were in favor, and Board Member Jones opposed. MOTION FAILED. Discussion ensued again on the Main Motion, particularly West Hill (BI.e.). Land Use& Planning Board Minutes Page 3 of 5 May 11, 2015 8 A Secondary Motion was made. Board Member Cornelius MOVED to deny or make no change to Bl.e. — West Hill. No Board Member SECONDED. MOTION DIED. Discussion ensued again on the Main Motion, particularly East Hill East (Bl.c.). A Secondary Motion was made. Board Member Ottini MOVED and Board Member Cornelius SECONDED a Secondary Motion to recommend to the City Council that the zoning be changed on the whole property for Bl.c. to multifamily. Chair Smith called for a vote on the motion. MOTION PASSED. Discussion ensued on the Secondary Motion. Another Secondary Motion was made. Board Member Ottini MOVED and Board Member Cornelius SECONDED a Motion to remove the previous Motion regarding Bl.c. — East Hill East (Page 35) from the record of this meeting and schedule the item as soon as possible for a Workshop and then another Hearing. Chair Smith called for a vote on the motion. MOTION PASSED. Discussion ensued again on the Main Motion. Chair Smith asked for a Motion, Board Member Ottini MOVED and Board Member Cornelius SECONDED a Motion to recommend to the full City Council approval of the map and text amendments recommended by staff and provided in Attachment Two with the exception of the removal of one item Bl.c. Chair Smith called for a vote on the motion. MOTION PASSED. Chair Smith reopened the second Public Hearing. COMPREHENSIVE PLAN UPDATE Charlene Anderson, Planning Manager, presented two additional exhibits—in addition to the nine (9) exhibits entered at the meeting on April 27, 2015—to be accepted into the record regarding comprehensive plan amendments. Chair Smith asked for a Motion to accept the exhibits presented into the record, Board Member Ottini MOVED and Board Member Cornelius SECONDED a Motion to admit the exhibits presented into the record. Chair Smith called for a vote on the motion. MOTION PASSED. Anderson presented four proposed changes or corrections—in addition to what was proposed at the first hearing on April 27, 2015—which include, the addition of the Shoreline Element; a correction to the Kent Profile and Vision section; a change to the verbiage in the Parks Element relating to the administration of the element and its policies, including the Parks Commission and the Arts Commission; and a change to the formatting of a map in the Capital Facilities Element related to Fire Facilities. Land Use& Planning Board Minutes Page 4 of 5 May 11, 2015 9 Further, Anderson referred the Board to Staff's responses to questions arising from the exhibits or from the previous public hearing. Chair Smith asked for testimony from the Public. The following people spoke in favor of Staff's proposed changes to the Comprehensive Plan: • Risho Sapano, 11101 SE 208 St #1211, represents Mother Africa, a non-profit organization based in Kent. Ms. Sapano also asked the Board to include a policy in the Economic Development section which specifically addresses workforce training for immigrants. The policy proposed is 6.2.5, which states include workforce development program and strategies targeting a wide range of needs. The strategy is to partner with local community based organizations and key stakeholders, work to ensure that the workforce development programs are meeting the needs of Kent residents, particularly those with increased barriers to employment such as immigrants, refugees, youth, transitioning workers, and workers with disabilities, either through targeted communications of existing programs and resources, (because there are so many of them there is no communication around what is available to them), or through development of new programs which address the specific needs of this population. By adding this language, it will give direction to support Economic Development in the City of Kent. Sapano expressed her appreciation for the opportunity to comment on this to the Board. • Amy Gore, 2310 14 Ave S, Seattle, WA, employed with Futurewise based in Seattle. Gore agreed with Ms. Sapano, and also made the point that social equity is not giving everyone the exact same tools, it's giving everyone the tools they need to succeed. A lot of people in Kent have different needs; she agrees that Kent has programs, but people in the community do not know about them. Adding the language will really support staff in what they're already doing as well as prioritize investment and resources for the next 20 years. The benefits from workforce development, including higher income, better housing, better educational outcomes, and better public health outcomes are benefits to all. Seeing no further speakers, Chair Smith closed the Public Hearing. Chair Smith asked for a Motion, Board Member ]ones MOVED and Board Member Ottini SECONDED a Motion to recommend to the full City Council approval of the ten chapters or elements of the Kent Comprehensive Plan, including associated Background and Technical Reports, Maps and Memos as recommended by Staff, including the four (4) amendments presented. MOTION PASSED. S. Adiournment Chair Smith adjourned the meeting at 8:46pm Charlene Anderson AICP, Planning Manager/LUPB Board Secretary Land Use& Planning Board Minutes Page 5 of 5 May 11, 2015 10 11 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte Public Works Director 400 West Gowe KEN T Kent, WA 98032 WASHINGTON Fax: 253-856-6500 PHONE: 253-856-5500 May 26, 2015 TO: Chair Randall Smith and Land Use & Planning Board Members FROM: Todd Hunsdorfer, Conservation Coordinator, Public Works Department RE: Critical Areas Ordinance and Flood Hazard Regulations code updates June 8, 2015 Public Hearing MOTION: Recommend to the City Council approval/denial/modification of proposed amendments to Chapter 11.06 KCC, Critical Areas Ordinance, and Chapter 14.09 KCC, Flood Hazard Regulations, as presented by staff. SUMMARY: The city of Kent ("City") is scheduled to complete an update to the Kent Comprehensive Plan by June 30, 2015, as required by the State of Washington Growth Management Act (GMA). After holding a public hearing on April 13, 2015, the Land Use & Planning Board ("LUPB") recommended approval of necessary updates to the City's Critical Areas Ordinance (CAO) and Flood Hazard Regulations. These ordinances must be consistent with best available science; and all development regulations, including the CAO, must be consistent with the City's Comprehensive Plan. Prior to approval of the proposed ordinances by the Kent City Council, staff determined that multiple additional and substantive edits were required. In Chapter 14.09 KCC (Flood Hazard Regulations) many of the changes were made to stay consistent with FEMA guidance; while the additional changes to Chapter 11.06 KCC (CAO) were made to improve administrative and legal clarity. 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 to 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 Chapter 14.09 KCC. RECOMMENDATION: To ensure compliance with the Growth Management Act, staff recommends updating Chapters 11.06 and 14.09 KCC with the revisions identified in the enclosed documents. S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2011\CPA-2011-3_CPZ-2011-1_CompPlan Update\CAO\#2 LUPB Public Hearing Modon_C O and Flood Reguladons_20150608.doc 12 13 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. Pursuant to the state Growth Management Act, Chapter 36.70A RCW (GMA), the city of Kent ("City") hereby amends its critical areas ordinance ("CAO"). This ordinance is the product of extensive study, review and evaluation of the City's development regulations to identify and protect the functions and values of critical areas as required under the GMA, consistent with RCW 36.70A.172 and WAC 365-195-900. The CAO has been updated to comply with state law, federal law, and best available science. The City has identified, collected and assessed the available scientific information offered by staff, by the City's environmental consultants, by state agency representatives, and by the public in order to interpret the nature, scope, and application of best available science to protect the functions and values of the City's critical areas, which exist in a highly complex, natural, and built urban environment. B. Throughout this process, the City's intent has been to develop and implement a comprehensive, balanced, and fair regulatory program that requires avoidance, minimization, and mitigation of critical areas and their buffers, in that order of preference, by anyone whose 1 KCC 11.06 Critical Areas Ordinance 14 activities affect critical areas. To that end, the City also desires to protect the public from injury, loss of life, or loss of property or other financial impact, to the extent reasonably possible. C. On August 4, 2014, staff made a presentation to the Public Works Committee to discuss the update to the CAO by June, 2015, as required by the Growth Management Act. Staff further discussed that the update process is required to include best available science, as well as compliance with state, regional and local mandates. D. On August 11, 2014, the Land Use and Planning Board ("LUPB") held a workshop to discuss the update to the Kent Comprehensive Plan, including the CAO update element of the plan; compliance with state, regional and local mandates; the proposed timeline; and public outreach activities. E. On November 24, 2014, the LUPB held a workshop to generally discuss the update CAO process, best available science rule, and timeline. F. On February 9, 2015, the LUPB held a workshop to discuss preliminary findings from the best available science recommendations, comments from staff and the public, and draft regulations. G. On February 12, 2015, the City provided the required sixty day notification under RCW 36.70A.106 to the Washington State Department of Commerce ("Department") for the City's proposed CAO. Comments from the Department were received and considered. 2 KCC 11.06 Critical Areas Ordinance 15 H. On March 16, 2015, the City received comments on the CAO update from the Washington State Department of Ecology. These comments were also considered. I. On April 3, 2015, the City conducted and completed environmental review under the State Environmental Policy Act (SEPA), issuing an Addendum to its Comprehensive Plan Environmental Impact Statement (EIS). J. On April 13, 2015, the LUPB held a public hearing on the draft CAO and recommended updating Chapter 11.06 KCC, accordingly. K. Staff made a presentation to the Public Works Committee on April 20, 2015, on the recommended revisions to the CAO. L. Following certain substantive changes by staff to the proposed ordinance, the LUPB held a second public hearing regarding the revised CAO on June 8, 2015, and recommended passage of the revised ordinance. M. Staff made a presentation regarding the revised CAO to the Economic and Community Development Committee at its meeting on July 13, 2015, and the Committee voted to forward its recommendations to the full City Council. N. At its regularly scheduled meeting on July 21, 2015, the City Council considered the recommendations and voted to adopt the proposed amendments to the CAO. 3 KCC 11.06 Critical Areas Ordinance 16 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 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 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 4 KCC 11.06 Critical Areas Ordinance 17 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. 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- ee s�leed + aEhev�g tY�e ev to provide levels of protection that reflect the sensitivity of individual wetlands and the intensity of proposed land uses; and to restore apA{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 36-7.70A 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 5 KCC 11.06 Critical Areas Ordinance 18 pursuant to Chapters- G.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 important fish and wildlife habitat, including habitat for threatened and 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. b. Wildlife habitat provides opportunities for food, cover, nesting, breeding, and movement for fish and wildlife within the city; maintains and promotes diversity of species and habitat within the city; integrates habitat protection with elements of the city's open space system; helps maintain air and water quality; helps control erosion; serves as areas for recreation, education, and scientific study and aesthetic appreciation. 6 KCC 11.06 Critical Areas Ordinance 19 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. 3. Geologic hazard areas. Geologic hazard areas include lands characterized by geologic, hydrologic, hydrogeologic agd-topographic and vegetative conditions that render them susceptible to varying degrees of risk effrom 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 tigate, and potentially avoid 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. 7 KCC 11.06 Critical Areas Ordinance 20 to flooding- isk als of flood hazard EgULLIations are to limit the effects pacAtect Kent's Flood Hazard-Re ulations located in Chapter 14.09 KCC r Ulate activities within frequently flooded the extent reasonably possible, Sam. 11.06.030. Regulated activities. A. io chapter shall apply to any regulated activity that ffoctea critical area or a potential criticalarea, orits buffer, unless otherwise exempted by these regulations. Regulated activity that takes place within an area shown as a critical area on the critical areas inventory maps maintained by the department pursuant tQ KCC 11.06.050 raises a rebuttable presumption that the activity affects a potential critical area or its buffer. This presumption may be overcome by information 8 K(C11.06 Critical Areas Ordinance 21 properly submitted by a qualified professional and confirmed by the department. Applicable activities aFe as `eNowsinclude, but are not limited to, the following: 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. 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 KCC 11,06 Critical Areas Ordinance 22 9. The construction of new recreation trails within the buffer;_ Where a regulated activity would be partly within and partly outside a critical area or its buffer, the entire activity shall be reviewed pursuant to the requirements of this chapter. B. To avoid duplication, all permits and approvals identified in Chanter- 12.01 KCC shall be subject to, and coordinated with, the requirements of this chapter. 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 r_e_„r_--_-`_ 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 N+=atural 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. 10 KCC 11.06 Critical Areas Ordinance 23 A. The following activities, when performed on sites containing critical areas or on sites that may affect critical areas as defined by this chapter, shall be exempt from s�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. 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 p iblic residential., or commercial structures, facilities, and landscaping; provided, however, that reconstruction of any structuresagaydoes not increase itsthe #rev+etiepreexisting footprint, aM4bFr=thef--p fiat-the-ffevtseqs-€rf tf=�-c�aptef-aFe-feHewed- 11 KCC 11,06 Critical Areas Ordinance 24 6. The addition of floor area within an existing building ,that 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, however, that any disturbance of the critical area &ha4must only be the absolute 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 hHarvesting of wild crops and seeds to propagate native plants in a manner that is not injurious to natural reproduction of such crops, armprovided 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 arldfor legally created through a subdivision, short subdivision, or other legal means and approved prior to the effective date of the ordinance codified in this chapter: provided the division of land was for a specified use, and that the development is consistent with that approved use. 12 KCC 11,06 Critical Areas Ordinance 25 12. Removal of invasive plants and planting of native vegetation in wetlands. RR(4 or in wetland or 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. 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, attd-existing and ongoing agricultural activities, and educational and recreation activities that will not have a significant effect on a critical area no property owner or other entity shall undertake exempt activities prior to providing fourteen {l-4j days' notice to the director and receiving confirmation in writing that the 13 KCC 11.06 Critical Areas Ordinance 26 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 ••that 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^R_ yaaf ix months, that use cannot be reestablished. E. The exemptions established by this section shall apply only to activities that are otherwise permitted by federal, state, andfef 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 operate the regulations adopted in this chapter. The resolution may require that certain fees be pre-paid andfeF 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 pHb' e weFlks director is authorized to interpret the aoolicable fee schedule{sj 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. Y CcExceot as provided in KCC 11.06.030.A, these maps 14 KCC 11,06 Critical Areas Ordinance 27 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--e& professional 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. Maps are adopted pursuant to this chapter and regularly Updated with new information from resources deemed reliable by the director. These maps shall be kept on file at the permit center posted on the city's website and made available public inspection upon request. 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. 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 15 KCC 11.06 Critical Areas Ordinance 28 regulations which provide greater protection to environmentally critical | areas shall apply, ao determined by the director. s not constitute ggaip-ILiance with permit conditionsUhat-may be Ecolo permits and National Pollution plicant is re�� dition to the Sam. 11.06.070. Critical area review process and application requirements. A. Pne'app0cationnon/e/ence. -. F-F these ff-'--'- ---'--' '- _9'.'F_'n_-_ F-v —w ,_--_- o applicant io encouraged to meet with the city prior to submitting anapplication, | . | 3I. The purpose of these meetings shall be to discuss the dty's critical area requirements, processes, and procedures; to review any conceptual site plans prepared by the applicant; to identify potential impacts tocritical areas and appropriate mitigation nnoaouroo; and tothe extent it can bo determined, generally inform the applicant of any known federal or state regulations or approvals applicable to the subject critical 16 K(C11.06 Critical Areas Ordinance 29 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. B. Application requirements. 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. Report contents. Reports and studies required to be submitted by this chapter shall contain, at a minimum, 4fe-information indicated in the subsequent sections of-"- t-e this chapter applicable to each critical area and the following: a. The name and contact information of the an lip cant a description of the proposal and identification of the permit requested b. Addresses and parcel numbers of the critical areas 17 KCC 11.06 Critical Areas Ordinance 30 c. A mad to scale, de ipcting critical areas buffers flan and test pit numbers, the develogment -proposal and any� 6eared and d. A description of the proposed stormwater rnanagernent< Formatted:Indent:First line: I" plan for the development and consideration of impacts to drainage alterations. e. The narnes and lualifications of all people involved in preparing the repo t and documentation of any fieldwork perfiormed on the site, as well as the dates on which fieldwork took place; f. Identification and characterization of all critical areas wetlands water bodies and buffers adjacent to the pro posed-projectarea g. A statement specifng the accuracy of the pot and all assumptionsmade�and relied upon h. An assessment of the probable impacts to critical areas esulting from development of the site �hero o�seddevelo development and potential impacts from critical areas to the proposed development of the site, 1. A description of reasonable efforts made to apply mitigation seguencing_pursuant to KCC 11.OG.380 to avoid minimize and mitigate impacts to critical areas L-----Plans foradequate mitigation, as needed to offset anv —impDamatS in�accordance with KCC 11.06.550jincluding but not.limited to., 18 KCC 11.06 Critical Areas Ordinance 31 i. The impacts of anyproposed development within or adjacent to a critical area or buffer on the critical area and the potential adverse f impact of critical to the development and Li The impacts critical area or buffer on the developjjjgj2j--pLQg2aaj other properties and the environment k. A discussion of the-performance-standards-applicable to the critical area and all proposed activity; I. Financial guarantees, in a form and for an amount acceptable to both the director and the city attorney, to ensure compliance and requiredm. Any additional information for the critical area as specified in the corresponding chapter-. 3. The depa tment may tailor the information required to reflect the complexity of the proposal and the sensitivity of critical areas that may potentially be present 4. Unless otherwise provided, a critical area repot may be sup glernentec-bK or composed in whole or in pat of any repo is or studies required by other laws and regulations or previously prepared for and applicable proved by the di rector. S. The director may require additional information to be included in the critical area report when the director deems it to be necessary for 19 KCC 11.06 Critical Areas Ordinance 32 this Title. Additional informat not limited to: a. Historical d nt aLa��photogna hs data compilations and summaries and available re he �� b. Grading and drainage lans and C. Information specfic�tothe�te location and nature of the critical area involved. | C. Critical area - Qualifications and city review. All reports and studies required of the applicant by this section shall be prepared byaqualified as defined in these regulations. The may, at discretion, | retain aqualified to review and confirm the | applicant's reports, studies, and plans. Such review shall be paid for by the applicant. D. Review p/ncess. This section io not intended to create aseparate critical area review permit process for development proposals. Tothe extent possible, the city shall consolidate and integrate the review and 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, oha|| continuotoboroquirod � ' . 20 K(C11.06 Critical Areas Ordinance 33 Sec. 11.06.080. Procedural provisions. A. Interpretation and conflicts. The director k hall 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 C-Ia:Chaoter 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 C+r.Chaoter 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. 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 21 KCC 11.06 Critical Areas Ordinance 34 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 C-Ia Chapter 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 andfef the risks associated with proposed development. 4. All reasonable mitigation measures have been implemented or assured. 5. The inability to derive reasonable economic use is not the result of the applicant's actions or that of a previous property owner, seek es-byincludina, but not limited to segregating or dividing the property ar=,d eFeaN�manner that created an undevelopable conditions 22 KCC 11,06 Critical Areas Ordinance 35 exacerbating an existing condition to such a degree that reasonable economic use is no longer possible under the terms of this chapter. 6. The applicant adequately undertook reasonable efforts to acquire sufficient knowledge of existing limitations on the subiect property at the time when the applicant acquired the property. For purposes of this section, "reasonable efforts" includes, but is not limited to: visual inspection of the site; review of critical area maps; site assessment by a qualified professional; and a price comparison to other properties that are comparable in terms of size, location, zoning and access. 7. 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. No reasonable use application shall be approved if the city carr Formatted:Indent:First line: 0" demonstrate, by a preponderance of the evidence, that the applicant had actual or constructive knowledge of existing conditions, at any time prior to the applicant's acquisition of the subiect property, that would significantly lessen the applicant's distinct, investment-backed expectations in acquiring the subiect property. GE. 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 23 KCC 11,06 Critical Areas Ordinance 36 variances except administrative variances per subsection (B) of this section shall be considered by the hearing examiner as a Process III application, pursuant to K£GChaoter 12.01.040. KCC. 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 •.that 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. 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. 24 KCC 11.06 Critical Areas Ordinance 37 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 Cris-Chapters 14.09 KCC and 15.02 KCC, which are specific to those respective sections and chapters. Sec. 11.06.115. Adjacent wetland. Adjacent wetland means a wetland bordering, contiguous to, 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 or potential critical area, or its buffer. 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. 25 KCC 11.06 Critical Areas Ordinance 38 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. Sec. 11.06.145. Best available science (BAS). Best available science (BAS) 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, as amended. 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. 26 KCC 11.06 Critical Areas Ordinance 39 Sec. 11.06.155. Bog. Bao eans a wet spongy poorly-drained area that is usually rich in verbspecialized plants such as acidophilic mosses, particularlysphagnum contains a high percentage of organic remnants and residues and fre ug ently is associated with a spring, seepage area or other subsuifiace water- source. A bog sometimes epresents the final stage of the natural process of eutrophication by which lakes and other- bodies of water- are very slowly transformed into land areas.Beg-is,- etttfle� es�ar�ieer�a�Fy s�Fiagrtrr�- 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{eF structural stability of a critical area, and are an integral part of the resource's ecosystem. Buffers may either be enhanced epA}or revegetated, or both, where they are degraded or as part of a mitigation program. Buffers shall be measured perpendicular from the edge of the critical area. Sec. 11.06.165. Building setback line (BSBL). Building setback line (BSBL) means an area in which structures, including but not limited to sheds, homes (including overhangs), buildings, and awnings shall not be permitted within, or allowed to project into, a critical area buffer. Roads, parking areas, uncovered at-grade decks, patios, lawns, and landscaping are permitted within the BSBL. Sec. 11.06.170. Clearing. Clearing means the removal of timber, brush, grass, ground cover, or other vegetative matter from a site, which exposes the earth's surface of the site, or any actions ,that disturb the existing ground surface. 27 KCC 11,06 Critical Areas Ordinance 40 Sam. 11.06.180. Compensatory mitigation. Compensatory mitigation nnoano ' in certain circumstances, achieved.tion has been 4fe 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 *4+k-kdhatno | longer meets the definition ofa stream orwetland. I. means actions performed tointentionally | *stabW*h'g]§ate-a wetland ata site where it did not formerly exist. | J. Enhancement means actions performed to improve the condition of existing wetlands or riparian areas oo that the functions they provide are ofa higher quality. Sam. 11.06.185. Comprehensive plan. Comprehensive plan | means the dOCUrnentinclurcring rnapsadopted by he city councilwhich 28 K(C11.06 Critical Areas Ordinance 41 outlines the citv`s goals and policies relating to management of growth and prepared in accordance with Chapter 3G 70A RCW The term also includes adopted subarea leans'mea+i,—the—ad&lpted—e-: of—:'Rt e�r�eFierr� 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 f2-)—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. 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 €n=e: rta�64ttee-afea-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 andfeF may generate risks to the public health and general welfare, epAdorto public and private property. 29 KCC 11.06 Critical Areas Ordinance 42 Sec. 11.06.205. Critical area report. Critical area report means a report prepared by a qualified eaFr&uk,,Rtprofessional to determine the presence, type, class, size, function, ahld{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 e_ va the ease lated `;_ed Fes, 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 special occupancy structures in the International Building Code, as the same may be amended kkek TYWR.'at�irY�.�r tGa! ((JYI� YtWt'CCIY prter-fFy�<�}ee+eS-@�pFaRtS-@ , , eE�tree-the <sF3eEt ef3FGoci2c-�rver'-t �FFt: Stre�i-areas-are-��'��tined-hera«!,{_av��tf3�- efererlae-tc-gists-e s�a13d dPFfflftF(DNS-2f-"..sf-}eEt85-f3F@F�ttf{E�atL.. .Y ��e-Wa<skltt'}Mehl-{�e'�3C3Ftric�=rt-"�irr i.sr"r ahl WAC-2 2 si—ii-1-1-@f"c.�c si—ii- �fie-�. .e5-l" '•'t p� ref—the--�partFrtetlF—ef—Ftis , t3y—ht�—arm 30 KCC 11,06 Critical Areas Ordinance 43 r-egtrfaEie�-a r��er�FFy-erFie�ea€ter-by-t;G--�.;-F��" a�rd-IW+fEN+fe Sec. 11.06.225. Dedication. Dedication means conveyance of land by deed, easement, or other legal 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 (4}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 f5% percent) in nonnative vegetation; (3) significant cover (over fifty f5% percent) in invasive species or noxious weeds; or (4) presence of existing nonconforming structures or improvements. Sec. 11.06.230. Delineation manual or wetland delineation manual/methodology. Delineation manual or wetland delineation manual/methodology means the manual and methodology used for the identification of wetlands and delineation of their boundaries pursuant to this chapter. Work shall be done in accordance with the proved federal wetland delineation manual and applicable regional supplernents as set forth in WAC 173-22-035 as amended t�Ee F€y weFFa ds rrrc eras de::ertbed-i�+-the- a+ads-FdertFi#ieaFi�+-ei gel�r�.t�u� Meat: day t ; t t :t .;f Fee e�y -199 f f t�stta F tE F�EVN 99�S-3S8{3y=f - , baseE{the ef-�T tSatraf-+s-regtri�ed� -9Fk-1-7�- 31 KCC 11.06 Critical Areas Ordinance 44 Sec. 11.06.235. Department. Department means the city of Kent department of { + kseconomic and community develo rrp lent or successor agency, unless the context indicates a different city department. Sec. 11.06.240. Director. Director means the J FeetSF Bf the city of Kent depaftff e- F ef�e�k-wer-kseconomic and community development director or " he director's designee. Sec. 11.06.245. Earth/earth material. Earth/earth material means #+e-naturally occurring rock, soil, stone, sediment, sand, or any 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. Sec. 11.06.255. Emergent wetland. Emergent wetland means a wetland with at least thirty F3&�-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." 32 KCC 11.06 Critical Areas Ordinance 45 Sec. 11.06.265. Erosion. Erosion means a process whereby gravity, wind, rain, water, freeze-thaw, and other natural agents mobilize and transport soil particles. Sec. 11.06.270. Erosion hazard areas. Erosion hazard areas means areas within the city of Kent underlain by soils which are subject to severe erosion when disturbed. Such soils include, but are not limited to, those delineated in the "Soil Survey, King County Area, Washington" (USDA, 1973) as having a moderate to severe, severe, or very severe erosion hazard potential. These soils consist of the following: Alderwood gravelly sandy loam, 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 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,-arid or sensitive species,and state-listed priority species. 33 KCC 11.06 Critical Areas Ordinance 46 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), as amended, and those activities involved in the production of crops and livestock, provided that such activity was actively being conducted. 09 exste.;a 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-,I. irrigation systems,i changes between agricultural activities or crops; and normal operation, maintenance, or repair of existing serviceable structures, facilities, or improved areas. Activities ••that 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 peFed of longer than five (-Wonsecutive years, unless the idle land is registered in a federal or state soils conservation program. Forest practices are not included in this definition. "4. :�9 �attBe:--E-n'o C y:epee-res—e�pFata�eh cTF}FFF}a�-t��t-IS-feF sCH-`ci-n3-r<c�rc-a�a: 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. 34 KCC 11.06 Critical Areas Ordinance 47 Sec. 11.06.300. Fill/fill material. Fill/fill material means a deposit of earth or other material placed by human or mechanical means. Earth material is defined in KCC 11.06.245. Other material may include but is ngt limited to lap sties construction debris wood chime overburden from excavation activities or materials used to create any structure or infrastructure. Sec. 11.06.305. Filling. Filling means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on any surface water body or wetland, soil surface, sediment surface, or other fill material. Sec. 11.06.307. Fish and wildlife habitat conservation area. Fish and wildlife habitat conservation area means and includes the following: habitat where federally and state endangered threatened and sensitive species have a pri ary association' state rp igrity habitats and areas associated with state priority s ep Gies' habitats and areas associated with species of local impo lance (as determined by the city)' naturally occurring-ponds less that twenty acres and their submerged aquatic beds which provide fish or wildlife habitat' and waters of the state. Sec. 11.06.310. Forested wetland. Forested wetland means a wetland defined by the Cowardin system with at least thirty F3&+-percent of the surface area covered by woody vegetation greater than twenty{24) 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 35 KCC 11.06 Critical Areas Ordinance 48 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, hhgeologic vegetative 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.hhgeologic 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—eei4eufwig 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 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. 36 KCC 11.06 Critical Areas Ordinance 49 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. e st-�ear�-�4rr�i+� �tHe-year-�}-are-errtsfd -arad�got-ccr�ttgrerr te-arty-erred-�fE}9}-ye e�r+ver-east-�eat�ra�rd r-we F eft tea Way a r e� t p Fr o she-wate�eerm�eetstreat�rF��4ce-e�etHe�wetFar� Sec. 11.06.350. Hydrophytic vegetation. Hydrophytic vegetation means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the federal manual. Sec. 11.06.355. In-kind compensation or mitigation. In-kind compensation or mitigation means replacement of wetlands or other critical areas with substitute wetlands or resources whose characteristics closely approximate those destroyed or degraded by a regulated activity. Sec. 11.06.357. Inundation Zone. Inundation zone means an area where deposition or flow of debris rriudflows or related flooding events from geologic and volcanic events on Mount Rainier may occur within the city. 37 KCC 11.06 Critical Areas Ordinance 50 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, efiEVor 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. 11.06.363. Isolated Wetlands. Isolated wetlands means those wetlands that are outside of and not contiguous to any 100-year floodplain of a lake river or strea and which have no contiguous h soil or hxdroph tip c vegetation between the wetland and any su face water including other wetlands. Any project involving filling or altering an isolated wetland is subject to regulation by the State Depa tment of Ecology under the Water Pollution Control Act, Chapter 90.48 RCW as amended, in addition to this chapter. While wetland fill is also regulated by the U.S. Army Corps of Engineers under the Federal Clean Water- Act4 isolated wetlands are not subject to federal review. Sec. 11.06.365. Lahar. Lahar means mudflows or debris flows associated with volcanic activity, arm which pose a threat to life, property; afl&r structures. 38 KCC 11,06 Critical Areas Ordinance 51 Sec. 11.06.370. Landslide. Landslide means episodic downslope movement of a mass of soil or rock. Sec. 11.06.375. Landslide hazard areas. Landslide hazard areas means and includes: 1. Any existing active or dormant landslide or debris flow that has shown movement during the Holocene epoch (from ten thousand E10,-909) years ago to the present) or that areis 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,—ef- geologic consultant reports 39 KCC 11.06 Critical Areas Ordinance 52 completed for the city of Kent or as identified on LIDAR map Col Ip eted for the city of Kent. 4. Areas with all three of the following characteristics: slopes steeper than fifteen (— 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. 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 f4 )-percent or steeper and with a vertical relief of ten f4-&)-or more feet. A slope is delineated by establishing its toe and top and measured by averaging the inclination over ten feet of vertical relief. Sec. 11.06.380. Mitigation Sequencing. Mitigation Sequencing means that applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. When an alteration to a critical area is �o op sed such an alteration 40 KCC 11.06 Critical Areas Ordinance 53 shall be avoided minimized or compensated for in the following se uential order of preference, pu suant to WAC 197-11-768, as amended., iTfGfl�ies= 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 41 KCC 11,06 Critical Areas Ordinance 54 could have occurred naturally on the site, which are or were indigenous to the area inquestion. ReseHF&—1 habitat see definition of 'Wetlands' for exclusions of certain typ-es of pands from regulation. Sam. 11.06.390. Offsitammitiga&ion. 0ffsite mitigation means performance of mitigation actions, pursuant to standards established in this chapter, ona site orinan area other than that proposed for conduct ofa regulated activity. Sam. 11.06.395. Onsita mmitigation/mommpansation. 0ns/te mitigation/compensation nnoano replacing wetlands or other resources at or adjacent to the site on which a wetland or other resource has been ngpaetedadversely affected bya regulated activity. mark means that nks and ascertainiag-where the 42 K(C11.06 Critical Areas Ordinance 55 common and usual. d A�so Ion continued in all ordinary years as tornark unon the scil a character distinct from that of the abLitting-�pland,-Lo-Lgapggt-la-���� condition exists on water mark ad Sam. 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 bya regulated activity. Sam. 11.06.405. Permanent erosion control. Permanent erosion control means continuous onoito and offsite control measures that are needed to control conveyance or deposition of earth, turbidity, or pollutants after development, construction, orrestoration. Sam. 11.06.410. Plant association of infrequent occurrence. Plant association of infrequent occurrence means one kl+—or more plant | species, which^ because of the rarity of the habitat aee�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 aowestern red cedar, Sitka spruce, or lodge pole pine growing on organic soils; 43 K(C11.06 Critical Areas Ordinance 56 2. Bogs with a predominance of sphagnum moss, or those containing sphagnum moss, and typically including one (4- or more species such as Labrador tea, sundew, bog laurel, or cranberry. {de err at-ure G efR+ar y-i %+ pe�r�ta�er�FFy-trttn�..trt�-a yeas-tktar-i-r.�ar�-:��tev�t"s Ems}-fee�re}e{3tkts that-de-net-Stf e def+r�ttio�� rtuf=wetFar�ds=ffrr�eFtisie s—freest tegtrfatierr 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 +r9pactteof a negative effect on 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 (4+or more of the following attributes: comparatively high wildlife density; 44 KCC 11.06 Critical Areas Ordinance 57 high wildlife species richness; significant wildlife breeding habitat; significant wildlife seasonal ranges; significant movement corridors for wildlife; limited availability; and/or high vulnerability. General types of priority habitat identified in the PHS program - some of which do not occur in the city of Kent - include Aspen stands, cliffs, meadows, oak woodlands, old-growth/mature forests, riparian areas, shrub-steppe, snag-rich areas, and wetlands. Sec. 11.06.430. Qualified a Rrafessional. Qualified professional means a person with experience and training in the pertinent scientific discipline and who is a qualified scientific expert with expertise agp opriate for the relevant critical area subiect in accordance with WAC 365-195-905 as amended A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology engineering, geology environmental studies fisheries, eg omorphology or a related field or have at least five years of related work experience. A qualified engineer geologist and hydrogeologist must have an active license to practice within the State of Washin tg on. 1. A qualified professional for wetlands must be a professional wetland scientist or meet the education requirements in this section and have at least two years of full-time work experience as a wetlands professional, ncluding delineating wetlands using the federal manuals and supplements, preparing wetlands reports, conducting function assessments and developing and implernenting mitigation Ip ans. 2. A qualified professional for habitat must have a degree in biology or a related degree and professional experience related to the subiect s ep ies 45 KCC 11.06 Critical Areas Ordinance 58 3. A qualified professional for a geological hazard must be a professional engineer or geologist licensed in the state of Washington. 4. A qualified professional for critical aquifer recharge areas must be a hydrogeologist geologist e gineer or other scientist with experience in preparing hydrogeologic assessments. qbe -Ee 9 �e JY e e efatbe +e to e fe aetFa Fi st-�e , er�vegetati y=a1�:�c,�-a e-+�s8-eraeee:r:� ale e _s—f fessie�Fai� crcm"croi i�Gc�rsed-by-tl3e-'�sEaEe-@�Wa< H�-tk�<sEreN£F�FE tv tttFErG'�-area-fR-£jtle"stte�@f'-�3Nff-7E5@e-uf-eeecEaN£E-Sttf�teS-d5}F} SeEerety-ef-�MetFa+aci�erun«<s~�-es-e-pr� aF-avetFarad-se+er�t+r�-er=avetFara�} 'f3Fe fir-ire-i=a<<n i�@f' Ehe-tJtN-f3e5 -EIS-a-f{tta�tFie� bee}eE 3F8 {- e eerwag t-ar=lleer�sed- r-vart;zh�aic of v"Jaofi+r�ter�: haPVeStiRg. Sec. 11.06.440. Repair or maintenance. Repair or maintenance means an activity that restores the character, scope, size, and design of a 46 KCC 11.06 Critical Areas Ordinance 59 structure or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter additional critical areas are not included in this definition. 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 contain satt-_wated-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 slope areas are generally antled with eeii,�-,t-af-Vashon ice-contact deposits e+ ( �e4 47 KCC 11.06 Critical Areas Ordinance 60 efepe-er . Vashon ice-contact deposits (Qvi) are mapped in: Luzier, Water Supply Bulletin No. 28, Geology and Ground-Water Resources of Southwestern King County, Washington, State of Washington Department of Water Resources, 1969 Booth DB and Waldron H I Geolo ig c Map of the Des Moines Quadrangle King .Washington 2004 Booth DB, Waldron HH and Troost KG Geologic Map of the Poverty Bayuadrangle King County Washington 2004. Sec. 11.06.460. Scrub-shrub wetland. Scrub-shrub wetland means a wetland with at least thirty (3&�-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 se s tFve 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 +�affect 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 (14)-feet or more vertically 48 KCC 11.06 Critical Areas Ordinance 61 within a horizontal distance of twenty-five f23}feet on slopes greater than forty E4 percent. 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 •ethat 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 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 drainage basin that is pa t of a larger drainage basin or watershed. Sec. 11.06.500. Substantial improvement or reconstruction. Substantial improvement or reconstruction means any repair, 49 KCC 11.06 Critical Areas Ordinance 62 reconstruction, or improvement the cost of which is more than fifty f5% percent of the market value of the structure either (1) before the improvement is started or (2) before the damage occurred if the structure damaged is being replaced. An improvement occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. Substantial improvement does not include (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 wetlaigdsa critical area or applicable buffers that remain after an applicant has demonstrated that no practicable alternative exists for the proposed project. These impacts are subject to the mitigation provisions contained in this chapter. Sec. 11.06.520. Utility. Utility means natural gas, electric, telephone, and telecommunications, cable communications, water, sewer, 50 KCC 11.06 Critical Areas Ordinance 63 or storm drainage and their respective facilities, lines, pipes, mains, equipment, and appurtenances. 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. Wedand 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 construction or alteration of a public 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 pursuant to this chapter shall be dane in accordance with the ap roved federal wetland delineation manual and applicable regional supplements as set fo th in WAC 113-22-035, as amended.Fe de F€y a d weFFaads tF Wa FFetate fetFaad Fde Ffi+ ate Maataf fC-ee 47-"ha4—be tried- Wetlands determined prior converted cropland (PCC) by federal 51 KCC 11.06 Critical Areas Ordinance 64 agencies may still be considered wetlands by the city of Kent. If these wetlands meet requirements of the approved federal wetland delineation manualWasl gF .-State—DepaAmefltef� ivaF, the wetlands shall be regulated, and the critical area shall be protected like any other wetland pursuant to this code. 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 {44}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. 11.06.543. Wetlands of hioh conservation value ,(tarevsously known as natural heritacae wetlandj. Wetlands of him conservation value means wetlands identified by the Washington State Department of Natural Resources Natural Heritage Program as either- high- 52 KCC 11.06 Critical Areas Ordinance 65 conservation value inventories are available from the-Washin_gton State Depa�ent of Natural Resources. Sam. 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 less than+o+ek*=Lwonty�,�acrooinep*aSize. means a fence that ials of all sizes Lo— �or | adle]lg[- Q | ------ ------- Article III. General Mitigation and Monitoring Sam. 11.06.550. Mitigation standards. A. Mitigation sequencing shall be avoidance, minimization, mitigation. Any proposal to impact a critical area shall demonstrate that itio unavoidable or will provide a greater function and value to the critical area. D. Adverse impacts to critical area functions and values shall be mitigated. Mitigation actions shall bo implemented in the preferred | sequence as identified nr Proposals � ��� ... ~~r` � 53 K(C11.06 Critical Areas Ordinance 66 .that include less preferred ef*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,, tFio-t+sand-�;999}-square-f��� 3;ze-{3tr��a��t to-�u-11 8�-a-16(-�}—Fa� the-p Fposes---ef tH s seet e , eg eaHy re eFFa ad shal4-be 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. 3. In the case of wetlands and streams, no overall net loss will occur in wetland or stream functions and values. The mitigation shall be functionally equivalent to the altered wetland or stream in terms of hydrological, biological, physical, and chemical functions. 4. In the case of isolated emergent Category III or IV wetlands less than five thousand square feet in size avoidance of impacts is not equired. However replacement wetland area must be created pursuant to KCC 11.06.660.D. C. Mitigation banking and in-lieu fee mitigation. The city mawapprove mitigation banking or in-lieu fee mitigation as a form of compensatory mitigation for wetland and habitat conservation area impacts when the provisions of this chapter require mitigation and the use of a miti ag tian banknin-lieu fee grogram will provide equivalent or greater- replacement of 54 KCC 11.06 Critical Areas Ordinance 67 critical area functions and values . hen com�aredto conventional and in-lieLl fee can be demonstrated-that they riservation of mtical areasimportant speciesand—habitats-or habitat linkages and ide a viable alternative to the not be used unless | action. | Sam. 11.06.560. Location and timing of mitigation. A. Mitigation shall bo provided onoito 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 | hatonoitonnidgadonio not odontificaUyfeasible or | � practical due to physical features of the property. The burden of proof shall boon the applicant to demonstrate that mitigation cannot boprovided ono/to. D. When mitigation cannot be provided onoito, mitigation shall be provided in the same drainage basin ao the permitted activity onproperty owned, secured, or controlled by the applicant where such mitigation io practical and beneficial to the critical area and associated resources. Mitigation sites shall be located within the city, unless otherwise approved by the director. 55 K(C11.06 Critical Areas Ordinance 68 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. 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 56 KCC 11.06 Critical Areas Ordinance 69 be,F96financial guarantee or other ^pt=`I_ security device. acceptable to both the director and the city attorney, is required to ensure the applicant's compliance with the terms of the approved mitigation plan. The amount of the financial guarante shall equal one hundred twenty-five E125}percent of the cost of the mitigation project for the length of the monitoring period. Financial guarantees shall not be reduced or released until the maintenance and monitoring period is complete and has been approved Jnvmrung by the di 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 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{eF 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 57 KCC 11.06 Critical Areas Ordinance 70 hydrology, hydric soils, and habitat types and requirements as appropriate. Where plantings are proposed, a soil analysis is required. Soil amendments shall be considered as appropriate for site conditions. 5. Monitoring programs shall be for a period of at least five (34 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 yeas at the discretion of the director if the annual monitoring report proves that the mitigation a�oject has met established performance 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 qualified een98k,-4 professional and must contain all qualitative and quantitative monitoring data, photographs, and an evaluation of each of the applicable performance standards. If performance standards are not being met, appropriate corrective or contingency measures must be identified and implemented to ensure that 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 (J�year period; and may require additional financial -- `--F"-gguarantees to ensure that any additional monitoring and contingencies are completed to ensure the success of the mitigation. 58 KCC 11,06 Critical Areas Ordinance 71 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. 14-06- 029, published October, Aegg-.�2014. 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 approved federal wetland delineation manual and applicable egional sup lements shall be used to conduct wetland delineations. Delineations shall be required when a development is proposed on 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 f wetlands on adjacent properties may have an impact on 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. 59 KCC 11,06 Critical Areas Ordinance 72 expeFts eF etheF expeFts as igeeded te peFfeFR9 the del.:..--:_... 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 f2,LS3 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 rating forrns,_wetland delineations and required buffers; existing wetland acreage; wetland category; vegetative, faunal, and hydrologic characteristics; soil and substrate conditions; and topographic data. 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 dy rolagic regi e discussion of existing wetland functions landscape setting and discussion of potential direct or indirect pacts that ay 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. 60 KCC 11.06 Critical Areas Ordinance 73 D. A wetland delineation .ethat has been e- Qapproved by the department pursuant t or land use ap rp oval EPA+evlew-for a proposed project shall be binding upon the city and the applicant. If the department has approved a wetland delineation report k .,that is not errnit or land use a� rp oval rfg�+—SPA— ef—t atiert _..._.or the ek1department has approved a wetland delineation report for another purpose, the wetland delineation report shall be valid for a period of fivetwe+2Lj years from the date of the approved report. Sec. 11.06.600. Wetland buffers and building setback lines. A. Purpose. 1. The establishment of buffers is required for all develop lent proposals and activities in or adjacent to wetlands. The impose of the buffer is to protect the integi tv function value and resources of the wetland. Buffers shall typically consist of an undisturbed area of native vegetation established to achieve the purpose of the buffer- No buildings4 structures im envious su faces or nonnative landscap ng are allowed in a buffer- unless otherwise permitted by this chapter. Where flexible buffer widths are permitted by this chapter such enhancement shall be considered in determining alp opriate buffer widths. Buffers must be protected during construction by placement of a temporary barricade notice of the presence of the critical area and implementation of app—ropriate erosion and sedimentation controls. 2. Re aired buffer widths shall reflect the functions and values of the wetland the risks associated with develop ent and the type and 61 KCC 11.06 Critical Areas Ordinance 74 ntensity of hu an activitpro osed to be conducted near the wetland in those circumstances where such activity is permitted by these regulations. B. Standard buffer widths. 1. Standard buffers shall be determined by the wetland category pursuant to KCC 11.06.580 and the habitat score from the Washington State Wetland Rating System for Western Washington, Washington State Department of Ecology Publication No. 14-06-0299 , published October,-Al Kjg ist 29942014. Standard buffers shall be applied to wetlands unless otherwise reduced pursuant to subsection (CB) of this section, increased pursuant to subsection (DE) of this section, or otherwise adjusted under other provisions of this chapter. Standard buffers (in feet) and reduced buffers permitted pursuant to subsection &LQ of this section are provided in the following table: 3-4 oint 5-7_points A-g points IV Habitat Subsection Subsection Subsection Score 3-4 C of Thi 5-7 C of 1'hi B-g C of This LFoRintsl R2intr Section Rgints Section R2intr Section (Category I 125 100 150 125 225 I200 (Category II 100 I75 125 I110 200 175 (Category I75 60 125 110 n/a n/a 62 KCC 11.06 Critical Areas Ordinance 75 3-4 oint 5-7_popnts §-g points WL WL era Habitat Subsection Subsection Subsection Score 3-4 C of Thi 5-7 C of TM ES-9 C of This points R2intr Section Rgints Section R2intr Section III Category IV 50 40 n/a n/a n/a n/a 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 -feet. However, a twenty-five (-2-5}-foot reduction is allowed with implementation of subsection B� of this section. 4. onservation value shall have a standard buffer of two hundred fifteen {215}feet. However, a twenty-five f2-5-�foot reduction is allowed with implementation of subsection &LQ of this section. 63 KCC 11.06 Critical Areas Ordinance 76 [2,. Reduced buffer widths. Standard buffer widths as noted in subsection-C of buffer- enhancerne pplicant must demonstrate that b hancin the buffer and use of applicable rnitigation measures identified in the-followinq table the reduced buffer will function a level of the standard buffer. ed below. A reduced buffer will b. wildlife, or theirhabitat C. It will not result in an alteration Of Current drainage and storrnwater detention caUgbilities, d. It will not lead to unstable earth conditions or create an erosion hazard e. It will not er pro2efty-��� and f. All ex osed areas are stabilized with native vegetation as appropriate | 1. --_Standard buffer widths as noted in subsection ArLB}_ofthis | section may bo reduced, ao provided in that subsection's table, ifthe 64 K(C11.06 Critical Areas Ordinance 77 applicant implements all applicable mitigation measures identified in the following table: Examples o Examples ctivities and Use Measures t of That Caus Minimize Disturbance 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 65 KCC 11.06 Critical Areas Ordinance 78 Examples o Examples ctivities and Use Measures t of That Caus Minimize Disturbance Disturbances Impacts of wetlands • Apply integrated 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 human €ems plaigt disturbance dense rgat del e a+9d d seear-acde a�e� plaee wetlaigd eRd 66 KCC 11.06 Critical Areas Ordinance 79 Examples o Examples ctivities and Use Measures t of That Caus Minimize Disturbance Disturbances Impacts bHffeF7'eeFF de 0 9 a-sepaF-at tFa&te� eaaengeigR Contain pets to prevent disturbance i.e. dog run, chicken coop Dust • Tilled fields 0 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. DE. Increased buffer widths. 67 KCC 11.06 Critical Areas Ordinance 80 1. If a Category I or II wetland with a habitat score greater than fivetweRty „points is located within three hundred „feet of a priority habitat area as defined by the Washington-State Department of Fish and Wildlife, or as mapped by the city of Kent as a priority habitat area in accordance with the Washington State-Department of Fish and Wildlife definitions, the buffer established in subsection Af l of this section shall be increased by fifty(3 feet unless: a. The applicant provides a relatively undisturbed vegetated corridor at least one hundred (4&9j-feet wide between the wetland and all priority habitat areas located within three hundred {3G% 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 Bf C 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. 68 KCC 11.06 Critical Areas Ordinance 81 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. 69 KCC 11.06 Critical Areas Ordinance 82 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. d. At no point shall the buffer width be reduced by more than fifty-twent five ive (3 percent of the standard buffer or be less than tWeR`�' P ;�thirty-seven and one half 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� five (-3}-years shall be provided pursuant to an approved monitoring plan as required by KCC 11.06.570, including an appropriate financial guarantee until the maintenance and monitoring period is completed and has been approved by the city. FE. 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 tlhr five (3 years shall be provided pursuant to an approved monitoring plan as 70 KCC 11.06 Critical Areas Ordinance 83 required by KCC 11.06.570, including an appropriate 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 wetland or wetland buffer, the director shall have the authority to waive or modify this requirement. 4;�G. Required report for buffer awe n=ducbon eRd7tor fee6ees,eaveraging. A request to reduce the buffer- or buffer average pursuant to subsections B C or E.)-of this section shall be supported by a buffer enhancement/restoration plan prepared by a qualified professional. 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 apd/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. IH. Buffer utilization for landscape requirements. Enhanced wetland buffers may be used to satisfy landscaping requirements in Chr.Chapter 15.07 KCC wkeFewhen all of the following criteria are satisfied: 71 KCC 11.06 Critical Areas Ordinance 84 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 Chr.Chaoter 15.07 KCC. The proposed landscape vegetation satisfies wetland buffer vegetation requirements. 3. The enhanced buffer is of the full landscape width required by ClrChaoter 15.07 KCC. 31. Permitted uses in a wetland buffer. Activities shall not be allowed in a wetland 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 the-ad cent 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 or bicycle trails, according to the following criteria: a. Designed to minimize impact on the wetland s s bBe��1�e�—te— r�Fie s 72 KCC 11.06 Critical Areas Ordinance 85 bd. Where feasible, located within the outer half of the buffer, i.e., the portion of the buffer that is farther away from the wetlandstFea.;i, except to cross a wetlandetFeafl3 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 cConstruction of outdoor recreation structures, such as fishing piers, boat launches, arid-benches. and picnic tables. 7. Maintenance of ffeexisting 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 a��feasible &pthrough proper design and function of the 73 KCC 11.06 Critical Areas Ordinance 86 discharge system. 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. K4. Building setback lines. A minimum SHId Rg SetbaelE I PeBSBL of fifteen {�S�feet shall be required from the edge of a wetland buffer, provided the director may reduce the building setback limit by up to five (J�feet if construction, operation, and maintenance of the building dedoes 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, , 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. W4ief-e-wate- �a�= aett vlt es e-3fepeeed-t aao t ab e a d rre� e3:ist vaFi+e�i-werrfd-�€rt-Fr�veFve-w , r-wFi+e#i-werrfd-riot-ke css—vi—a�� uvHel'<se-4FFtI36ac—v��—o--ev crvc urn StE,�i�FFfGfi4 .�e�tIP�E-f"*�- 74 KCC 11.06 Critical Areas Ordinance 87 Where egulated 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 beq+ea an isolated emergent Category III or Category IV wetland less than five thousand (5,999) square feet in size shall be permitted, provided a replacement wetland area is created pursuant to KCC 11.06.660(D). P4. t-el YV ailtF3-PPi crt .5-a"r'.. iiQC-GQiY��G4cGT.r-CCI-i- r"�Klefe fGategept4V--w y wet d5 w kriF TSeeFe4ess- 9 75 KCC 11.06 Critical Areas Ordinance 88 Yvr�tch Ve3CtYltYl-hYC"�MttF�g-ef-t'ITJ-tMJrGTiYIX�f Ce�f C� , �3gtFa�e the�andaFd�v: 9-------4+e , tFie-d+�....t.�-s"ra44 �ncferde-arry-areas-that-Have-bee, -;fled-��tee-kr�ta+�-3� x7rx--r --rr--rrvc �^,-r�.`4�-or-cr-d3ccrcxrrer-detr� H:f} fft�fve. truersi-.hqe�}-addttte�e eet crn�7 lhis seetre poso:' f�ii- vex-tenthensar�d-F1�}�96&}-stare-feet-�rxtst 4eR eS acts- Sec. 11.06.630. Fencing and signage. All development and subdivisions to which this chapter applies shall construct a wildlife- passable fence along the entire wetland buffer edge, unless otherwise approved by the director. Critical Ake--area signs must also be attached to the fence or located just inside the wildlife-passable fence attached to a four f4)-by four {4)-inch cedar post (or other nonpressure treated materials approved by the city). Signs must be located at a rate of one {l}sign per residential lot and one (}sign per one hundred fl,9% 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`feasements. 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 wetlands-af=�f}or wetland buffers. Sensitive area tractsf or easements are separate tracts containing wetlands and wetland buffers with perpetual deed restrictions requiring 76 KCC 11.06 Critical Areas Ordinance 89 that the tracts 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(andsf and bufferssefrsrttee-eFea-tracts. The director shall require that a sea ritical area be protected by one (1� of the following methods: 1. Protection of a regulated wetland and its associated buffer- shall be on which development is prohibited' executing an easement in favor of the city,; in a form and manner acceptable to both the director and the city attorney dedication to a conservation organization or land trust' or similarlypreserved through a permanent protective mechanism acceptable to the city. The location and limitations associated with the wetland and its buffer- shall be shown on the face of the deed or ?at as applicable to the property and shall be recorded with the King County recorder`s office ' or e a a a9t-ssha4 lae+=ls ei€8e e �I+ree�cr-en ease��terrt-ar-tr�Fhe-p�ete wltk a-we4and-a+tdfer=+ts fffeF, car= 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. SHehAll deed restrictionfsj shall be approved by the director and the city attorney and shall prohibit in 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. 77 KCC 11.06 Critical Areas Ordinance 90 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 constituter 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 ef*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 afld{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. Compensatory mitigation plans shall be consistent with Wetland Mitigatiarr irr Vyashirrgtan .State - Part 2: Qevelo�g Mitigation Plarrs--Ve siorr 1 (Ecology Publication #06-06-011b OI ry pia. WA March 200G or as revised} and .Selecting Metland Mitination .Sites Using a Watershed A ion #09-06- 78 KCC 11.06 Critical Areas Ordinance 91 32 0lympia WA, December 2009) and ma iy ncarporate guidance from Cafcufatrrrg C edits and oebrts far Compensato y Mitrnatron rn VAetlands of IMesterrr IMashirrntan Ecology Publication #10-OG-011 Hruby. 2012� 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. Rvsa ra;o —and eFea;on Uf etfa ds a d weEfaf f€e Preference of Mitt iinished wetland and buffer- functions shall rely on the types below in the following order of preference: 1. Restoration (re-establish ent and rehabilitation) of wetlands: a. The goal of re-establishment is returning natural or historic functions to a former- wetland. Re-establishment results in a gain in wetland acres and functions. Activities could include rernoving fill material lugging ditches or breaking drain tiles. b. The goal of rehabilitation is re ap firing natural or historic functions of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a flood Ip ain 2. Establishment (creation} of wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of non-native 79 KCC 11.06 Critical Areas Ordinance 92 species Establishment results in a gain in wetland acres. This should be attempted only when there is an ate source of water and it can be shown that the surface and subsurface hydrologic regime is conducive to the wetland community that is anticipated-i in the design. a. If a site is not available for wetland restoration to compensate for expected wetland or buffer impacts the approval authority may authorize creation of a wetland and buffer pon-dernonstration by the applicant'sgualified wetland scientist that conditions at the proposed mitigation site are conducive for sustaining the proposed wetland and that creation of a wetland at the sitewill not likely problems elsewhere LL--- The pro invasive plants or noxious weeds or that such vegetation will be com Ip etely eradicated at the site: Li i Adjacent land uses and site conditions do not jeopardize-the-viability of the -progosed-wetiand and buffer (e.g due to the presenceof invasive plants or noxious weeds stormwater runoff noise light, or other�irn ac�tsand iv. The proposed wetland and buffer- is designed to be self-sustaining with little or no long-term maintenance. 3. Enhancement wetlands in combination with restoration or creation. Enhancement should be part of a mitigation that includes replacing the altered area and meeting app—ro IS Undertaken for specified purposes such as water- quality improvement flood water- retention or 80 KCC 11.06 Critical Areas Ordinance 93 wildlife habitat. Enhancement alone will result in a loss of agLlan-d acreage and is less effectivg-�!����pplicants-pro-posing to enhance wetlands or associated buffers shall dernonstrate:, a How the the wetland's or the buffer's functions- b. How this increase in function ALI 1--adequatel-y C. How all ot he D Acreage replacement and enhancement ratio. Wetland alterations | shall be replaced or enhanced using the formulas below; | however, the director may choose to double mitigation ratios in instances | where wetlands are filled or 4n#a4ed as a result of � code violations. The first number opochioo the acreage of wetlands requiring replacement and the second opodfioo the acreage of wetlands altered. These ratios do not apply to remedial actions resulting from illegal alterations. eeeFfj-4�hed-es-feHew—, 81 K(C11.06 Critical Areas Ordinance 94 a {3y-erea�ier�-e�r�ew-ave�Fu��'s-u�-rat -E�}-�e-arse ere e�Fe 1}F e e e�iara—e€-a� t-�a v���a��eerira�t cf exis�i�-wetFa�tde-�ta+�l�+rr�Fie-range-o€-�I�e-r�t�-� �`-errt-i+� sie�s-E�}F�}Ee}-a�td-E�}-a€-tf�is��seer rye e- iff�}-te-arse{-f}-ratie-aFartg-vaFtl�-v��"ar�eer<��t ut e�:isti+�g+�tetFe .�-et-e-�aFFve-�S-}-Fe-erne-Ff-}-r�taY- table}- ic�-a �p-IF-vaetFa��s-r�fiall-be aF3y-e avetFai�'�--at aot-tF�ee-E3}-te b-By-tee etF }-te-ei3e-E�-} e�ist+r�g-wetFu��'s-au-a-r-atie t-r€-€errr-E4�-te-erne-E�-} eF e �y-e-eerr +at�u<< cf 2�at etF ���nar�eer<��z c` existirt�-vaetFa+ads-ao-itf3irt-tFie-range-ot-r-aties-set-errt-� serbseetier�s-EB}+��}��}-a+teL-Ef}}-a€-tFms��seetter�r rye satiror}-€€€�aFter-at -e�€-Eatego�p-i I-F-avetFa+aN-E�e 82 KCC 11.06 Critical Areas Ordinance 95 ----------------4----- ors ( } ere - (4 S aeee FRpk shed-asfeHeA-, —a—By-ci�eat efl-ef-new- he W-(4�R+te-enee-(-�eF 6�eFe e4apA-,4-a� Cateao_ry and Re-establishment Re-establishment or Tyne of Wetland ®r Creation Creation------LR C1 and Impacts Enhancement C Category-IV 1.5:1 1:1C RL and 1 1 E _ Cateqor 111 2:1 C and 2 1 E y L-LEL— Category 11 3:1 1:1C RL and 4 1 E _ 83 KCC 11.06 Critical Areas Ordinance 96 Wetlands of High 2ossible Conservation Value alterations can alsg be made by a combination of creation of new wetlands and enhancement-of-exishng wetlands within th le so Ion as a minimurn one to one creation ratio is met for exatrp/e creation of new wetlands at a on and one-half to one ratio along h enhancement of -Lora Categ2a E. Decreased replacement ratio. The director may decrease the required replacement ratio where the applicant provides the mitigation prior to altering the wetland, and a minimum acreage replacement ratio of one (4*to one (4+io provided. In such a case, the mitigation must be in place, monitored for three k--Z)-growing seasons and be deemed a success | prior to allowing any alterations. E-Buffer mitigation ratios Irn those buffer- functions lost from development. GF. Wetfan bank 84 K(C11.06 Critical Areas Ordinance 97 bank or in-lieLl nt of wetland functions and v be used when it can be dernonstra�dthat �therovidesiginjficant i conservation of criticalareas imDortant cedes habitats or habitat link es and when th s shall not be used u less Asthe are certified in accordance with applicable federal and ga�� | G�H. M/edand type. In-kind compensation shall bo provided except that out'of'Nnd compensation may bo accepted where: 1. The wetland system tobo replaced io already significantly degraded and out'of'kind replacement will result ina wetland with greater functional value. I. Technical problems such ao exotic vegetation and changes in watershed hydrology make implementation of in kind compensation impracticable. 85 K(C11.06 Critical Areas Ordinance 98 J. 0ut'ofNnd replacement will best meet identified regional goals (og., replacement of historically diminished wetland typoo). I. Advance m irn acts to wetlands rn lH. Location. Corr Densat / mit ation actions shall be conducted onsite or within the same SUb-basin as the irn act site unless the apphicant can demonstrate 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 onoitoloss. | I' -]noito compensation io not feasible due to problems with � hydrology, soils, or other factors. | 3'-2- Compensation io not practical due to potentially adverse | impacts from surrounding land uses. | 4.-3-. 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. 86 K(C11.06 Critical Areas Ordinance 99 KI. 0f7site compensation. 0ffoito compensation shall occur within the Green River Wate _ _ _Fa__=- --_R -- #he-_ '--__ --- Pee-__FFed, unless:ormnvey� habitat established 2. Credits from a state-certified wetland used as com istent with the terms of the certified bank instrument, or J. Fees are paid toan approved in-lieu fee program to compensate for the impacts. | 4+e-�Pka*+4-s*n' | � � L4. 0fhsite compensation site selection. | /aPP|icanto shall pursue siting in the following order ofpreference: | | 1. Upland sites which were formerly wetlands efld/or | significantly degraded wetlands. Such wetlands are typically onna||; have | only one (4*vvot|and class; and have one (4+donninant plant species ora | predominance of exotic species. 87 K(C11.06 Critical Areas Ordinance 100 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. MK. 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. NL. 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. 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, apA{or their sensitivity to disturbance. 88 KCC 11.06 Critical Areas Ordinance 101 B. Classification of streams shall be determined by the department based on consideration of the following factors: 1. Approved technical reports submitted by qualified eensHkeRts professionals in connection with applications for activities subject to these regulations must contain those criteria outlined in section 11.06.070 and the following_ a. H dy rologic rnagping showing patterns of water moverent into through and out of the site area; and b. Specific descriptions of streams including gradient and flow characteristics stream bed condition stream bank and slope stability presence of fish or habitat for fish presence of obstructions to fish movement; general water quality stream bank vegetation; and a summary of existing stream value for fisheries habitat. 2. Application of the criteria contained in these regulations; and 3. Maps adopted pursuant to this chapter. C. Streams shall be designated Types 1 through 3 as follows: 1. Type 1 Water means all shorelines identified in the Kent shoreline master program. 2. Type 2 Water means salmonid bearing segments of natural waters not classified as Type 1 Water, with documented salmonid use. T-h+s Salmonid bearing waters are used by fish for spawning, rearing or migration. 89 KCC 11.06 Critical Areas Ordinance 102 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. Pu-moseGeHertf . 1. The establishment of buffers s"� Deis required for all development proposals and activities in or adjacent to streams. The purpose of the buffer shall beis 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 Beare allowed in a buffer unless otherwise permitted by this chapter. #4F te-Has-previ&u- sFtFbed the-brr€feF-aFea- Aa4 be-reve &ved Where flexible buffer widths are permitted by this chapter, such enhancement shall be considered in determining appropriate buffer widths. Buffers eha44must 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. Rest4e «-ar- saa ar eteeteff-ef-brrffe-=areas 90 KCC 11.06 Critical Areas Ordinance 103 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. <<sta4leu at t €-the-bFtf€ st-@�Sf�ftE--a�i Gcuai €e�rt�{ereFher-r�o�es�t�e-t-reaFe�;rr�teria�s-ap�eved-by-the-efty}—T�to pe�at�+rave-�1}-sigrrper� eeL-F10&}-€ee�€ar—F z�s-arm 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 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 91 KCC 11.06 Critical Areas Ordinance 104 uses and existing, historical setbacks are typically less than fifty (3AD-�-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 898th 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 aooly to development aMposals adjacent to streams within the overlay: 1. Stream buffers shall be fifty{34}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. 3. The entire stream buffer shall be enhanced pursuant to af! buffer management and enhancement plan shall be FeqH Fed, consistent with the mitigation performance standards in this section. 4. Buffer reductions are not be pefn4ttedallowed except as permitted through the reasonable use provisions of KCC 11.06.090 or the variance provision of KCC 11.06.100. 92 KCC 11.06 Critical Areas Ordinance 105 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 greducticrr witPr enhancement. Standard buffer widths for degraded buffers may be reduced for Type 2 streams only subject to the following criteria tt be av ears e y, and in accordance with the stream report stt he-feHew+ri iter+a: 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. --. +yet-Fess-�T Off r.iu� �,,ta,�~<eu�' ��i thesta+id-bctffcr 4§. The buffer width is not reduced by more than -twenty five {34}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 sheH—oeare permitted within the stream buffer area, including buildings, decks, and docks, except as otherwise permitted by this section, by the city's adopted 93 KCC 11.06 Critical Areas Ordinance 106 shoreline master program, or under one of the following circumstances, and then only when aproperly iffi ag ted: 1. When the improvements are part of an approved enhancement, restoration, or mitigation plan;-ef 2. Construction of new public roads and utilities, and accessory structures, when no feasible alternative location exists; eF 3. Construction of foot, pedestrian or bicycle trails, according to the following criteria: 3Designed to minimize impact on the stream system. E. CIF an�iaai.'rrricff�}-vdtdtFi-ef-etg1�E&}-feed bE4. Where feasible, 4located 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 purposes 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 signsl 94 KCC 11,06 Critical Areas Ordinance 107 6. Construction of outdoor recreation structures, such as fishing piers, boat launches, benches and picnic tables-I. 7. Maintenance of existing 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, and 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 energv 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 feasible through 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: or 9. Ongoing city maintenance activities by its public works and parks 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 95 KCC 11.06 Critical Areas Ordinance 108 separate tract on which development is prohibited; executing an easement in favor of the city, in a form and manner acceptable to both the director and the city attorney; 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. u—van� vd;�t„ vaFraf,Ue�. Regtri�ec�-bra#e� r-ea� rests Fie- r+Fe�i<�-set-fer-tf�-i�+ 14C�11- '. �e-regt�itie�-Va�Fai�eea-to-b<a#ur�-s"rari regtri�e-a t tp i i nc c-rn nr t�+�+r��-a-va�hairec-t atat 1�§ttcr`c-- sfcizrcv cF'?�xc� vim—c*c"'-n��—:ccrr2�}"'�"'�,• -•�+,•'" vase d F�eF b a �ease�x metre-ef-the-pfepeAy= H4. 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. 96 KCC 11.06 Critical Areas Ordinance 109 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{ or recreational value. 5. Landscaping outside the buffer area with native vegetation or a reduction in the amount of clearing outside the buffer area. 6. Enhancement of wildlife habitat by adding structures that are likely to be used by wildlife, including wood duck houses, bat boxes, nesting platforms, snags, rootwads/stumps, birdhouses, and heron nesting areas. 7. Additional mitigating measures may include but are not limited to the following: a. Creating a surface channel where a stream was previously culverted or piped. b. Removing or modifying existing stream culverts (such as at road crossings) to improve fish passage and flow capabilities which are not detrimental to fish. C. Upgrading retention/detention facilities or other drainage facilities beyond required levels. 97 KCC 11.06 Critical Areas Ordinance 110 d. Similar measures determined to be appropriate by the department. I. Buffer restoration recuired. If the stream buffers, including both standard buffers and reduced buffers 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 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 from the proposed development to the stream or stream buffer, the director shall have the authority to waive or modify this requirement. J. Buifdirrg setback fines. A minimum BSBL of fifteen feet shall be required from the edge of a stream buffer provided the director may reduce the building setback li it by Llp to five feet if construction operation and maintenance of the building does npt and will not create a sk of negative impacts on the adjacent buffer- area. Alterations of the building setback lines shall not be permitted to create additional lots for subdivisions. Ap royal of alterations of the BSBL shall be provided in writing by the director and may require mitigation such as buffer enhancement. K. Fencing arrd sigrrage. All develo ment and subdivisions to which this chapter applies shall construct awildlife-passable fence along the entire stream buffer edge unless otherwise approved by the director. Critical area signs ust also be attached to the fence or located just inside the 98 KCC 11.06 Critical Areas Ordinance 111 at a rate of one si ne hundred feet for all aulbi ic-rights--of-way trails. ociated buffers. Sam. 11.06.690. Alteration or development — Standards and | criteria. Alteration of streams ee+�or their established buffers may bo permitted by the department subject to the criteria of this section. Standards for mitigation of impacts to critical areas are identified in KCC11.0O.550. A. Alteration shall not degrade the functions and values of the stream. D. Activities located in water bodies and associated buffers used by anadromous fish shall give special consideration to the preservation and enhancement of fish habitat, including but not limited to the following: 1. The activity io timed to occur only within the allowable work window for the particular opodoo as identified by the Washington Department of Fish and| Wildlife. I. The activity is designed so as not to degrade the functions and values of the habitat and any impacts are mitigated. J. An alternate location or design io not feasible. C. Relocation ofa Type IorJ stream solely to facilitate general site design shall not bo permitted. Relocation ofa stream may bopermitted only when it is part of an approved mitigation or enhancement/restoration 99 K(C11.06 Critical Areas Ordinance 112 plan, and will result in equal or better habitat and water quality, and will not diminish the flow capacity of the stream. D. &—A11 new culverts shall be designed following guidance provided in the Washington Department of Fish and Wildlife's document: Water Crossing Design Guidelines 20139 g ref Pa ad Fve is-fa (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. F6. 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 directoreit— _-` 100 KCC 11.06 Critical Areas Ordinance 113 A. Use plants native to the Puget lowlands or Pacific Northwest ecoregion;_ _allonnative, 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. E. Use perennial plants in preference to annual species pF-aetees. 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 101 KCC 11.06 Critical Areas Ordinance 114 (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 public works 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 losses of -mod—functions from proposed development. Prepare contingency plans as described in KCC 11.06.�56570 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 102 KCC 11.06 Critical Areas Ordinance 115 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. Wildlife habitat areas subject to these regulations include habitat classified as ""fish and wildlife habitat conservation areas" and "naturally occurring ponds" according to the criteria in this section. A. Fish and wildlife habitat conservation area:h,ea, hatisats are those habitat areas which meet any of the following criteria: 1. The documented presence of federally or state listed endangered, threatened, or sensitive species. T;e dgcer�xtet�FeEE-pre5,_a�_ -' �5 �:es-ter J u'erz.l-c,�sFate 2. The documented prese ce of species and habitats found on the Washington Depa t ent of Fish and Wildlife Priority Habitats and Species databases current city habitat is or other relevant databases. 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)(23-) of this section, and shall apply to active nests. T sFr=aFe-t-hat-a-�e^ -siFe-is-n=�aetFve-a�d�ot-snb}ee� tg-t,��e r-egb kat Otte 8e 103 KCC 11.06 Critical Areas Ordinance 116 'gt'YCA-" tFFRCTICYFlg'"CiYIXC-iG rSRGC-etrr�eNtFy-berr�e�-t<..sed-by-tkfie B. Naturally occurring Rponds (deepwater aquatic habitat), as defined in this chapter, which are important to and support a wide variety of species of fish, wildlife, or vegetation. Sec. 11.06.720. Wildlife habitat buffer areas and setbacks. A. Buffer widths for fish and wildlife habitat conservation areas er+Feal haste tat areas hall be determined by the department, based on a critical area report prepared by the app4{eai4a qualified professional pursuant to this chapter and in consideration of the following factors: 1. Research and evaluation of best available science sources relevant to species and habitat present within the city, as documented in City of Kent Best Available Science Review for Fish and Wildlife Habitat Conservation Areas, 2004, or amendments thereto. 2. Species-specific management guidelines of the Washington Department of Fish and Wildlife. 3. Recommendations contained in the wildlife study submitted by a qualified professionaleei9sHlta.;t, following the reporting requirements of these regulations. 4. The nature and intensity of land uses and activities occurring on the site and on adjacent sites. Buffers are encouraged but are not required for secondary habitat. 104 KCC 11.06 Critical Areas Ordinance 117 B. The critical area report must meet the criteria listed in section 11.06.070 of this code in addition to the following conditions., 1. A narrative summary of existing habitat functions and values. 2. The documented presence of species and habitats found on the Washington Department of Fish and Wildlife Priority Habitats and Species databases, current city habitat maps, or other relevant databases. 3. A description and location of any migration or movement corridors. 4. Identification of any areas that have previously been disturbed or degraded by human activity or natural processes. 5. Identification of edges between habitat types and any species commonly associated with those habitats. 6. Monitor each nesting site prior to construction and submit a report documenting that it is not currently being used by the relevant species to demonstrate that the nesting site is inactive and not subiect to these regulations. BC. Buffers for ponds shall be seventy-five (;z�feet plus a fifteen {lj foot BSBL. 105 KCC 11,06 Critical Areas Ordinance 118 D. Certain uses and activities.that 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 P_---__"'e pedestrian trails, fe i `S—anu viewing platforms, and utility easements; provided, that any impacts to the buffer resulting from permitted facilities shall be mitigated. When permitted, such facilities shall be located in the outer ten (19) eat of the buffer, unless otherwise approved by the director. E. Long-term protection of a fish and wildlife habitat conservation area and itseritica "r ��-area -a„a-t„�m a " associated lbuffer shalle provided by placing them in a separate tract on which development is prohibited; pFeteetep by executiei=ng ef-an easement in favor of the city, in a form and manner acceptable to both the director and the city attorney; dedication to a conservation organization or land trust; or a--similarly preserved through a permanent protective mechanism acceptable to the city. The location and limitations associated with the 4abitatfish and wildlife habitat conservation area 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 - Aalteration or development of wildlife habitat. A. Fish and wildlife habitat conservation area . Alterations of fish and wildlife habitat conservation areas ef=itre�it� shall be avoided, subject to the variance or reasonable use provisions of this chapter. 106 KCC 11.06 Critical Areas Ordinance 119 D. VYhoro permitted by these regulations, alteration shall not degrade the functions and values of the habitat. ,aad sensitive-species 1. No develo ment shall be allowed within a fish and wildlife .association exceg-,a��ppmygd-throLiqh-this-chapter For fish under- the Kent shoreline master 2. Whenever- activities are wildlife habitat state or plication of or its bluffer Wildlife and the apucppp��, area shall be maintained in nativa-ygigigtation. 107 K(C11.06 Critical Areas Ordinance 120 The table below i at blue her-on rookeries recommended by-the—Washington Department ofand Wildlife Management Recommendations. Great Blue teleran Rooke Recommended Buffers Feet Setting, % built within 1/4 mile of the nest colony 984 Undeveloped 0---2 O'D 656 Suburban/Rural - 5 MI. 197 Urban 50% 2. Between grading or applicableand disturbing activity shall be allowed within the buffer- listed above Unless otherwise approved Department of Fish and Wildlife 3. Approval within a her-on Laakei-j buffer shall not occur prior to the approval of a habitat management plan bythe city and the Washington Department of Fish and Wildlife. 1. All activities o be located in water bodies Used by anadro pus fish or in buffer areas that affect such water bodies shall e preservation and enhancement of anadromOLIS fish habitat including but not limited to,adherin�tothefollowmgstandards: 108 KCC 11.06 Critical Areas Ordinance 171 a. Activities shall be timed to o�j��� allowable work wi Fish and Wildlife for the applicabbe-spedes, b. not feasible overall rn of the fish habitat or .othercritical areas and d. of the habitat conservation area gm�Ld�critical a�� Sam. 11.06.740. Performance standards for mitigation planning. A. The performance standards in this section, and the general standards inKCC11.0O.550, shall bo incorporated into mitigation plans submitted to the department for impacts to wildlife habitat. The following additional mitigation nnoaouroo shall be incorporated in mitigation planning: 1. Locate buildings and structures ina manner that minimizes adverse impacts on ea4 habhtatouoodbypriority, throatonod, orondangorodopociooandidontifiod by the Washington-6tate, Department of Fish and Wildlife, National Marine | Fisheries Services, and U.S. Fish and Wildlife Services. 109 K(C11.06 Critical Areas Ordinance 122 2. Integrate retained habitat into open space and landscaping. 3. Wherever possible, consolidate fish and wildlife habitat conservation areas eH ita into larger, unfragmented, contiguous blocks. 4. Use native plant species for landscaping of disturbed or undeveloped areas and in any habitat enhancement or restoration activities. 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 apA{or control any noxious and invasive weeds or ex-eticnon-native animals ethat are problematic to the critical habitat area as determined by the department. 7. Preserve significant or existing native trees, preferably in stands or groups, consistent with achieving the goals and standards of this chapter. B. On completion of construction, any approved mitigation project must be signed off by the applicant's qualified eei9sHlta.;t2rofessional and approved by the department. A signed letter from the eeflsri;tai4-ualified professional will indicate that the construction has been completed as approved, and approval of the installed mitigation plan will begin the monitoring period if appropriate. 110 KCC 11.06 Critical Areas Ordinance 123 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 buffer areas shall not be i�ltered, and shall remain in th6r-its 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 geologicLgeotechnical report required by this chapter, provided ai9d that it is prepared by a qualified professional. 2. The sensitivity of the geologic hazard in question. 3. The type and intensity of the proposed land use, whether the proposed use may affect the geologic hazard or whether the use itself will be affected by the geologic hazard. B. All buffers shall include a minimum fifteen (4-&j-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 €er—landslide hazard areas shall be equal to the vertical height of the landslide hazard or fifty ill KCC 11,06 Critical Areas Ordinance 124 {34}feet, whichever is greater, for all landslide hazard areas that measure ten (�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 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(-2--'}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: 112 KCC 11.06 Critical Areas Ordinance 125 1. Will not increase the existing threat of the geological hazard to adjacent properties-1. 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-and 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. essert+a Necessary 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 by geologic 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. 113 KCC 11.06 Critical Areas Ordinance 126 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 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. 114 KCC 11.06 Critical Areas Ordinance 127 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. 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 C+r.Chaoter 14.01 KCC and shall be approved by the building official; and 115 KCC 11.06 Critical Areas Ordinance 128 C. Mobile homes may be placed in seismic hazard areas without performing special studies to address the seismic hazard. Such mobile homes may be subject to special support and tie-down requirements. F. Volcanic hazard areas. The city shall maintain a map that indicates the location of volcanic hazards areas. Sites •.that are located on or within two hundred f289-�-feet of an identified volcanic hazard area shall include a notation on the title to the affected property disclosing the presence of the hazard. 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-�L). 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 {44}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 116 KCC 11.06 Critical Areas Ordinance 129 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. 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 afld{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. 117 KCC 11.06 Critical Areas Ordinance 130 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, and reviewed and approved by the department for 1. Above ground storage tanks. 2. Dry cleaners. 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 118 KCC 11.06 Critical Areas Ordinance 131 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 (4-3GG*feet of the project area. d. Location of other critical areas, including surface waters, within one thousand three hundred (4-3994—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 (3}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. 119 KCC 11.06 Critical Areas Ordinance 132 ii. Predictive evaluation of contaminant transport based on potential releases to groundwater. j. A spill plan that identifies equipment andfai= structures that could fail, resulting in an impact for construction periods and for general operating business procedures post-construction. Spill plans shall include provisions for regular inspection, repair, and replacement of structures and equipment that could fail. Sec. 11.06.790. Critical aquifer recharge area performance standards. A. General requirements. 1. Activities may only be 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 Ki-F�Kent Surface Water Design Manual,_ as adopted by the city of Kent pursuant to Gh-.Chapter 7.07 KCC, including any amendments thereto. B. Specific uses. 120 KCC 11.06 Critical Areas Ordinance 133 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: 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. 121 KCC 11.06 Critical Areas Ordinance 134 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 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. 122 KCC 11.06 Critical Areas Ordinance 135 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: 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. 123 KCC 11.06 Critical Areas Ordinance 136 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. 1. All property currently with a private well, or within two hundred (,8 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 F289}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. 124 KCC 11.06 Critical Areas Ordinance 137 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 125 KCC 11.06 Critical Areas Ordinance 138 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 F'.AQVIpOrLl000re\oifiwi Ar—Ortllnznre H¢31 06.do- 126 KCC 11.06 Critical Areas Ordinance 139 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. Pursuant to the state Growth Management Act, Chapter 36.70A RCW (GMA), the city of Kent ("City") hereby amends its flood hazard regulations. This ordinance is the product of extensive study, review and evaluation of the City's development regulations to identify and protect the functions and values of frequently flooded areas required under the GMA, consistent with RCW 36.70A.172 and WAC 365-195-900. The Flood Hazard Regulations ordinance has been updated to comply with state law, federal law, and best available science. The City has identified, collected and assessed the available scientific information offered by staff, the City's environmental consultants, by state agency representatives, and by the public in order to interpret the nature, scope, and application of best available science to protect the functions and values of the City's frequently flooded areas, which exist in a highly complex, natural, and built urban environment. B. Throughout this process, the City's intent has been to develop and implement a comprehensive, balanced, and fair regulatory program that requires avoidance, minimization, and mitigation of frequently flooded areas, in that order of preference, by anyone whose 1 Amend Chapter 14.09 KCC Flood Hazard Regulations 140 activities affect frequently flooded areas. To that end, the City also desires to protect the public from injury, loss of life, or loss of property or other financial impact, to the extent reasonably possible. C. On August 4, 2014, staff made a presentation to the Public Works Committee to discuss the need to update to the Flood Hazard Regulations ordinance, as required by the Growth Management Act. Staff further discussed that the update process is required to include best available science, as well as compliance with state, regional and local mandates. D. On August 11, 2014, the Land Use and Planning Board ("LUPB") held a workshop to discuss updates to the Kent Comprehensive Plan, including the Flood Hazard Regulations update element of the plan; compliance with state, regional and local mandates; the proposed timeline; and public outreach activities. E. On November 24, 2014, the LUPB held a workshop to generally discuss the Flood Hazard Regulations update process, best available science rule, and timeline. F. On February 9, 2015, the LUPB held a workshop to discuss preliminary findings from the best available science recommendations, comments from staff and the public, and draft regulations. G. On February 12, 2015, the City provided the required sixty day notification under RCW 36.70A.106 to the Washington State Department of Commerce ("Department") for the City's proposed Flood Hazard Regulations ordinance. Comments from the Department were received and considered. 2 Amend Chapter 14.09 KCC Flood Hazard Regulations 141 H. On March 16, 2015, the City received comments on the update from the Washington State Department of Ecology. These comments were also considered. I. On April 3, 2015, the City conducted and completed environmental review for the Flood Hazard Regulations update under the State Environmental Policy Act (SEPA), issuing an Addendum to its Comprehensive Plan Environmental Impact Statement (EIS). J. On April 13, 2015, the LUPB held a public hearing on the draft Flood Hazard Regulations and recommended updating Chapter 14.09 KCC, accordingly. K. Staff made a presentation to the Public Works Committee on April 20, 2015, regarding the recommended revisions to the Flood Hazard Regulations. L. Following certain substantive changes by staff to the proposed ordinance, the LUPB held a second public hearing regarding the revised Flood Hazard Regulations on June 8, 2015, and recommended passage of the revised ordinance. M. Staff made a presentation regarding the revised Flood Hazard Regulations to the Economic and Community Development Committee at its meeting on July 13, 2015, and the Committee voted to forward its recommendation to the full City Council. N. At its regularly scheduled meeting on July 21, 2015 the City Council considered the recommendations and voted to adopt the proposed amendments to the Flood Hazard Regulations. 3 Amend Chapter 14.09 KCC Flood Hazard Regulations 142 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: 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 to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. G. Area ef speeial Need haoafd m9eans the land within the fleedplain which is subject to a one (1) peFeent OF gFeateF chance of fleeding On any g ive+g yew C9. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year, also referred to as the one hundred year flood. D€. Base flood elevation means the actual elevation (in mean sea level) of the water surface of the base flood determined by the Federal Emergency Management Agency_(FEMA)�'-- ' r _••__ ^ ' - -`--` -- or other qualified person or agency as described in this chapter. 4 Amend Chapter 14.09 KCC Flood Hazard Regulations 143 EF. 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-ceded FEMA in a scientific and engineering report entitled Flood Insurance Study for King County, Washington and Incorporated Areas, dated 4ufl-L—May16, 1995, along with the accompanying fleed insuFanee FmapsFlood Insurance Rate Map (FIRM), includino 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. G,, Compensatory flood storage means any new, excavated flood storage volume eouivalent to any flood storage capacity which has been or would be eliminated by filling or grading within the special flood hazard area. The compensatory flood storage must be provided within the special flood hazard area and be free drainina. 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 freed hazaF ' aFeasthe special flood hazard area and other site preparation activities, a storage of materials or 5 Amend Chapter 14.09 KCC Flood Hazard Regulations 144 equipment, subdivision of land, removal of substantial amounts of vegetation, or alteration of natural site characteristics. J. Director means the city of Kent economic and community development director or the K. Fill means depnosutuoiri -o (iairtlrfi irttoateirriall tlrna _tnddutua�irn__a�t Q>a�iill„__Q»nirn ,.„. a aMlk ctirtrya ll„ Q>aI,iiir_mna irp walls, Q>tEiuctiuires and their associated internal volume„_c�ir,_otlrtc�,ir_,irtt,ntr,teiriialll,mby artificial means. 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 portion of the special flood hazard area outside of the floodway which is generally covered by flood waters during the base flood. N_Flood Iinsurance Rfate Mffrap (FIRM) means the official map on which FEMA fedeF-I fleed :_ a _.,FA01.:5}__tien has delineated both the special flood hazard areas and the risk premium zones applicable to the community. {NO. Flood insurance study means the official report provided by FEMAthe Fedefal T--••----- ^d'•-O905tFatien that includes flood profiles, the `tea the FIRMK , and the water surface elevation of the base flood. 6 Amend Chapter 14.09 KCC Flood Hazard Regulations 145 OR Flood protection elevation n9eans that the finished fleeF ef any StFUEtLffe must be a -Pis a minimum of two feet above the base flood elevation. pQ. Flood season means the period from NevengbeF October 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. 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 adioinina special flood hazard area which is necessary to contain and discharge the base flood flow without the -"----' of - FiveF eF etheF increasing the base flood elevation more than one foot. fleedway- T. 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. U. Manufactured home means a structure, used for residential or commercial purposes, -transportable in one or more sections, which is 7 Amend Chapter 14.09 KCC Flood Hazard Regulations 146 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 consecutive days. For insurance purposes the term manufactured home does not include park trailers, travel trailers, and other similar vehicles. V. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. W. 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. Earthen Ffill 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 within 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. The area from which the soil is removed must be able to drain completely into the adioinina watercourse following a flood. X. New construction means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this chapter. Y. Recreational vehicle means a vehicle which is: 1. Built on a single chassis; 2. Four hundred {4 square feet or less when measured at the largest horizontal projection; 8 Amend Chapter 14.09 KCC Flood Hazard Regulations 147 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. Z. Special flood hazard area means the total area subject to inundation by the base flood - land and wale- -- as identified by Oie—Fedefa4 inSUFance AdnginiStFatmenFEMA in a report entitled The Flood Insurance Study for King County, Washington and Incorporated Areas, dated `'--` beF 3()May 16 1995 with accompanying pages on file with King County or the city of Kent department of e eieconomic and community development. AA. 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 days ofafter the permit issuance date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include submission of an application for development, land preparation, such as clearing, grading, and filling; nor does it include the installation of streets aFKvor 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. 9 Amend Chapter 14.09 KCC Flood Hazard Regulations 148 BB. Structure means that which is built or constructed, or an edifice or building of any kind or any piece of work composed of parts joined together in some definite manner, and includes posts for fences and signs. It specifically includes buildings that are not fully enclosed on all sides where the orientation may affect the flow of flood waters, but does not include mounds of earth or debris.a walled and FOefed building including a CC. Substantial improvement means any repair, remodeling, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (a 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 correct an existina violation of state or local health, sanitary, or safety code specifications as identified by the local code enforcement official, and which is the minimum necessary to assure safe living conditions-c� with existing state eF leeal health, SaRitaFy, eF safety eede speeifieatiens- or 10 Amend Chapter 14.09 KCC Flood Hazard Regulations 149 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: 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; 11 Amend Chapter 14.09 KCC Flood Hazard Regulations 150 4. Minimize the expenditure of public money for remedial flood control measures; 5. Minimize the need for rescue and relief efforts associated with flooding which are generally undertaken at the expense of the general public; 6. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in flood hazard areas; 7. Alert appraisers, assessors, owners, potential buyers, and lessees to the natural limitations of flood-prone land; 8. Ensure that those who occupy or seek to develop in flood hazard areas assume responsibility for their actions; 9. Qualify the city and existing homes and businesses for participation in the Federal Flood Insurance Program; and 10. Implement local, state, and federal flood protection programs. 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; 12 Amend Chapter 14.09 KCC Flood Hazard Regulations 151 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial development and construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; 4. Control filling, grading, dredging, and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood- waters or which may increase flood hazards in other areas. Sec. 14.09.050. Lands to which this chapter applies. This chapter shall apply to all areas- of special flood hazard areas within the jurisdiction of the city. Sec. 14.09.060. Basis for establishing the areas of special flood hazard areas. The special flood hazard areas 4-are identified by FEMAthe in a scientific and engineering report entitled Flood Insurance Study for King County, Washington and Incorporated Areas, dated May 159bina-16, 1995, along with the accompanying —FIRM, including? 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. 13 Amend Chapter 14.09 KCC Flood Hazard Regulations 152 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 this chapter and other applicable regulations. Violation of this chapter 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 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 Chapter- 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. 14 Amend Chapter 14.09 KCC Flood Hazard Regulations 153 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 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 aFeas of special flood hazards areas 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. See. 1:4.09:149. Green River Flood eontra' zene number 2. All RGW and GhapteF 508 60 WAG, the state Flood GentFOI Zone Act and 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 OF ether 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 and divisions, including, but not limited to, building, fire, and planning reefs ts. Compliance with ev 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. 15 Amend Chapter 14.09 KCC Flood Hazard Regulations 154 Sec. 14.09.130. Procedural requirements. City permits or licenses which relate to the development and use of land within a—€leed haFa she special flood hazard areas shall be referred to the department of economic and community developments -publime-werks by the issuing department for approval. If it can be determined from information at hand that the property 4eis not located in a special flood hazard area, the issuing department may approve the permit or license directly. If it appears that apportion of the property may Abe located in a special flood hazard area, the department of publie weFIEs economic and community development shall require its owner to submit information necessary to determine if in fact andportion of the property 4jeeis located within the floodway or floods fringe. If it is determined that any-portion of the property pis located within the floodway or within the floods fringe, the applicant shall be required by the department of publie weFk-seconomic 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 publie weFlEseconomic 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 publie WeFlEseconomic 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 OF his designate shall, within a reasonable time, indicate approval or disapproval of the requested permit or license; and if approved, the director shall transmit all conditions of approval; in a letter to the issuing department, with copies to the 16 Amend Chapter 14.09 KCC Flood Hazard Regulations 155 applicant, the issuing department, commenting departments, other agencies, and other known parties of jfAefestrecord. Sec. 14.09.140. Use of other base flood data. In order to administer is this chapter when base flood elevation data 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 Elie weF s director eF hisjheF 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. 17 Amend Chapter 14.09 KCC Flood Hazard Regulations 156 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 CIEs director of his/heF de&knee 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 a flood insurance study, FIRM, or pursuant to KCC 14.09.140, the director sllnallll 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 a flood insurance study, FIRM, or pursuant to KCC 14.09.140 the director shall: 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. The director shall-*maintain for public inspection all records pertaining to this chapter. to the extent required by Chapter 1.05 KCC and Chapter 42.56 RCW. 18 Amend Chapter 14.09 KCC Flood Hazard Regulations 157 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. 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 flood hazard areas f ....,scar freed hazaFds (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 of .peen' Pleed hazaF s, 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 19 Amend Chapter 14.09 KCC Flood Hazard Regulations 158 ground anchors (reference FEMA's Manufactured Home Installation in Flood Hazard Areas Guidebook for additional techniques). 2. Construction materials and methods. a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. C. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed constructed, 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. 20 Amend Chapter 14.09 KCC Flood Hazard Regulations 159 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; C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; d. eFor all proposed subdivisions or other develo mp___ents that contain at least fifty lots or encompass five or more acres whichever Lis less when base flood elevation data has not been provided, or is not available from another authoritative source, 4—s the base flood elevation shall be determined through a hydrologic study completed by a qualified professional and submitted by the applicant to the city for the director's approval. The director maaccept reject or require the EiRplicant to submit additional documentation that the director reasonably deems necessary for review of the h drologic study subdivision PFOpesals and etheF PFOpesed developments which contain at !east fifty (50) lets eF five (5) affes-, (whieheveF 05 ; 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 public WOFIEseconomic and community development to assure that proposed construction will be 21 Amend Chapter 14.09 KCC Flood Hazard Regulations 160 reasonably safe from flooding. The test of reasonableness is a judgment based, in part, on local engineering practices and includes use of historical data, high-water marks, photographs of past flooding, and other similar evidence -, where available. _ailuFe to elevate at least twe Sec. 14.09.170. Specific standards. In all special flood hazard areas aFeas of special fleed hazaFdS where base flood elevation data has been provided et- pursuant to KCC 14.09.060 or KCC 14.09.140, the following provisions are required: 1. Residential construction. 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 openings placed on at least two separate walls and having a total net area of not less than one 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 {l}foot above grade. 22 Amend Chapter 14.09 KCC Flood Hazard Regulations 161 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 floodproofed to the flood protection elevation so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; C. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in KCC 14.09.150(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 f4--foot below the floodproofed level (e.g., a building floodproofed to one foot above the base flood level will be rated as at the base flood level). 23 Amend Chapter 14.09 KCC Flood Hazard Regulations 162 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 feet or more above the level of the base flood elevation at the site. Below the lowest floor, Ffloodproofing 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 flood elevationplain 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 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 ts-- KCC 14.09.160(1)(b). Openings in accordance with KCC 14.09.170(1) are required in rigid skirting attached to frames or foundations of manufactured homes to relieve hydrostatic loads and minimize transferring loads that can damage homes and their supporting foundation systems. Installation of skirting does not trigger the requirement for flood openings if the skirting does not provide structural support and will collapse without causing structural damage to the elevated home or the foundation under wind and water loads that are less than those expected during the base flood event. 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: 24 Amend Chapter 14.09 KCC Flood Hazard Regulations 163 a. Be onsite for fewer than one hundred eighty 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. 7. Standards for AE and Al-30 zones with base flood elevations but no floodways. In areas with base flood elevations, if a reaulatory floodway has not been designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within Zones AE and Al-30 on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. Sec. 14.09.175. Compensatory storage. A. Except as provided in subsection (B) of this section, within the special flood hazard areas, the following provisions apply: 1. Applicants shall provide onsite replacement of one hundred percent of the storage area lost to encroachments so that there is no 25 Amend Chapter 14.09 KCC Flood Hazard Regulations 164 increase in flood levels during the occurrence of the base flood discharge. Encroachments include fill, new construction, substantial improvements, and other development. No net fill in a special flood hazard area shall be allowed. 2. If an applicant seeks to provide offsite replacement of one hundred 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 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 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 26 Amend Chapter 14.09 KCC Flood Hazard Regulations 165 flood discharge, and the offsite replacement location must be located within the same watershed that the encroachment is occurring. 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 special flood hazard areas ef speeial fleed h.aPaFd, 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 )—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 to correct an existing violation of state or local health, sanitary, or safety code specifications as identified by the local code enforcement official and which is the minimum necessary to assure safe living conditions , sanitaFY, OF safety code- or work done to structures identified as historic places, shall not be included in the fifty percent determination. 27 Amend Chapter 14.09 KCC Flood Hazard Regulations 166 3. Proiects specifically designed for the enhancement of fish habitat are allowed within the floodway when they have been designed to minimize their impact on base flood elevations, keep any rise in the 100-year flood levels as close to zero as practically possible, and do not affect any insurable structures. 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 department of economic and community development Beth issuing for their probable effects 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 oualified professional as defined in KCC 11.06, 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 to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity 28 Amend Chapter 14.09 KCC Flood Hazard Regulations 167 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 foot or more above the depth number specified on the FIRM (at least two 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 foot or more above the depth number specified on the FIRM (at least two 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. 29 Amend Chapter 14.09 KCC Flood Hazard Regulations 168 Sec. 14.09.210 Appeals. The decision of the WOF s director to approve. to approve with conditions or to disapprove a permit or license for work in a s gvial flood hazard area shall be in writing_ and may be appealed to the hearing examiner. The requested permit or license shall not be issued reett=tt during the appeal period. es—, 6kppeaIs feffrom the director's decision yreoarding proposals within a special flood hazard area shall be governed bthe_�rocedures set forth in KCC 12.01.190 and Chapter 2.32 KCC. — at-the ac 4eterrr (-3 y--fe o T Lhe v atlens� t t-e cnsc t-h r t# s 30 Amend Chapter 14.09 KCC Flood Hazard Regulations 169 3—w kr—s t �--e . e ewe t Sec. 14.09.220. Variances. Variances shall be completed in accordance with those variance provisions identified in the city of Kent critical areas cocle-Fegulatiefts found in (G T-M Chapter 11.06 KCC as amended. 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 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. 31 Amend Chapter 14.09 KCC Flood Hazard Regulations 170 SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12015. APPROVED: day of 12015. PUBLISHED: day of 12015. 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 FIAQvllA0,J,n,o[6Afood H—rd Pe9Wzfions_K¢14.09.do- 32 Amend Chapter 14.09 KCC Flood Hazard Regulations 171 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director 400 PLANNING DIVISION • Charlene Anderson, AICP, Planning Manager K�ENT t Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 June 1, 2015 TO: Chair Randall Smith and Land Use and Planning Board Members FROM: Charlene Anderson, AICP, Planning Manager RE: Land Use Plan and Zoning Districts Map and Text Amendments [CPA- 2011-3/CPZ-2011-1] [KIVA#2142820/2142822] For Meeting on June 8, 2015 MOTION: Recommend to the full City Council approval/denial/ modification of the map and text amendments to the City's comprehensive Ian and Kent City Code as recommended by staff. SUMMARY: Staff presented options and recommendations for docketed and staff- proposed map and text amendments to the Land Use & Planning Board at the public hearing on April 27, 2015. The agenda packet for the Board's May 111h public hearing included a summary of staffs recommendations, as well as answers to questions from the public hearings. The amendments need to move forward as a whole to the City Council; however, staff requires further clarification from the Board regarding the Board's recommendation, as it pertains to some of the proposed amendments. Staff requests that the Board make a definitive recommendation on all the proposed map and text amendments at its meeting on June 8, 2015. BUDGET IMPACT: None BACKGROUND: At the April 271h public hearing, staff presented to the Board several options for consideration, including a 'No Action" or as-is option. Additionally, the Board may consider other options presented to them during public testimony. Staff encourages Board members to review the video, agenda packets and exhibits for the two public hearings and be prepared to make a recommendation at the June 81h meeting on all of the proposed amendments that have been presented to the Board. Staff will be available on June 81h to answer questions. Furthermore, Board members may meet with staff individually to ask questions. CA:ah\S:\Permit\Plan\COM P_PLAN_AM ENDM ENTS\2011\CPA-2011-3_CPZ-2011-1_CompPlanUpdate\LUPB\06-08- 15_Meeting\060815_LUPB_Meedng_Map_and Text_Amendments-rev-052915.doc cc: Ben Wolters, ECD Director Kurt Hanson,AICP, Economic Development Manager Matt Gilbert,AICP, Principal Planner Charlene Anderson,AICP, Planning Manager Project File 172 173 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director 400 PLANNING DIVISION • Charlene Anderson, AICP, Planning Manager K�ENT t Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 June 1, 2015 TO: Chair Randall Smith and Land Use and Planning Board Members FROM: Charlene Anderson, AICP, Planning Manager RE: Comprehensive Plan Update For Meeting on June 8, 2015 MOTION: Recommend to the full City Council approval/denial/ modification of the ten chapters or elements of the Kent Comprehensive Plan, including associated Background and Technical Reports, Maps and Memos as recommended by staff. SUMMARY: The City is scheduled to complete an update to the Kent Comprehensive Plan (the Plan) by June 30, 2015. The chapters and elements replace previous versions of the Plan. Staff presented the chapters and elements at the April 271h and May 111h public hearings along with recommended amendments. The comprehensive plan update needs to move forward as a whole to the City Council and will include the map and text amendments under consideration as a separate agenda item at the June 81h meeting. Staff requests that the Board make a definitive recommendation on all of the comprehensive plan chapters at its meeting on June 8, 2015. BUDGET IMPACT: None BACKGROUND: At the April 271h and May 111h public hearings, staff presented to the Board updated chapters and elements to the Kent Comprehensive Plan. The chapters and elements replace existing chapters in the comprehensive plan. The Board also may consider other amendments presented to them during public testimony. Staff encourages Board members to review the video, agenda packets and exhibits for the two public hearings and be prepared to make a recommendation at the June 81h meeting on all of the proposed chapters and elements of the comprehensive plan that have been presented to the Board. Staff will be available on June 81h to answer questions. Furthermore, Board members may meet with staff individually to ask questions. CA:ah\S:\Permit\Plan\COM P_PLAN_AM ENDM ENTS\2011\CPA-2011-3_CPZ-2011-1_CompPlanUpdate\LUPB\06-08- 15_Meed ng\060815_LU P B_Meed ng_Comprehensi ve_Plan_Amendments.doc cc: Ben Wolters, ECD Director Kurt Hanson,AICP, Economic Development Manager Matt Gilbert,AICP, Principal Planner Charlene Anderson,AICP, Planning Manager Project File