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ORDINANCE NO. j-
AN ORDINANCE of the City of Kent,
Washington, relating to zoning and land use and
the preservation and enhancement of water
quality; adding new sections 15.08.220,
15.08.222, and 15.08.224 to the Kent City Code
[Water Quality Ordinance]; amending Chapter
15.02 KCC.
THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS
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Section 1.
City Code as follows:
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A new Section 15.08.220 is added to the Kent I
15.08.220 WATER QUALITY AND HAZARD AREA DEVELOPMENT -
PURPOSE
The purpose of Sections 15.08.220 - 15.08.224 [Water
Quality] is to regulate the location and density of development
based on known physical constraints, and to preserve or enhance
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water quality in Kent's watercourses. Preserving or enhancing the,
water quality in Kent's watercourses is a goal established by the
j adoption of the "Water Quality Management Program" on August 2,
1982 by the Kent City Council.
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Section 2. A new Section 15.08.222, is added to the Kent
i! City Code as follows:
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15.08.222 WATER QUALITY AND HAZARD AREA DEVELOPMENT - MAP!
Development Limitation Areas are hereby delineated on the
map "Hazard Area Development Limitations' attached hereto and
filed with the City Clerk, and in the Kent Planning Department.
Development Limitations within these areas shall be in addition to
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those limitations and standards set forth in this Title 15. When
there is a conflict, the provisions of these Sections 15.08.220 -i
15.08.224 KCC shall prevail.
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Section 3. A new Section 15.08.224 is added to the Kent
City Code as follows:
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15.08.224 WATER QUALITY AND HAZARD AREA DEVELOPMENT -
ICLASSIFICATIONS AND RESTRICTIONS
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A. Classification Categories and Restriction on Lot
,Coverage (Least to Most Restrictive).
Maximum Amount
of Impervious
Classification Surfaces Allowed
I� 1. Low Hazard Areas
In Low Hazard Areas, the maximum amount of
impervious surface allowed on each lot is 30 percent. Low Hazard
!'Areas are defined as lands where the following conditions exist:
a. Slopes 15% - 25% together
with Class 3 Seismic Hazard and Class 2 Erosion
ll jHazard Area; or 30%
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b. Slopes 15% - 25% together
,!with Class 2 Slide and Slippage and Class 3
Erosion Hazard Area; or 30%
C. Slopes 15% - 25% together
;with Class 2 Seismic and Class 3 Erosion Hazard
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1; Area; or 30%
d. 75 to 150 feet from the
top of a ravine in which a major or minor stream
I passes through; or 30%
e. 30 to 50 feet from the
itordinary high water mark of a lake. (See illustra-
tion, below) 30%
2. Moderate Hazard Areas
j In Moderate Hazard Areas, the maximum amount of
impervious surfaces allowed on each lot is 10 percent. Moderate
Hazard Areas are defined as those lands where the following condi.-I
tions exist:
a. 0 to 30 feet from the ordi-
nary high water mark of a lake. (See illustration) 108
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DEVELOPMENT GUIDELINES WITHIN THE
30 AND 50 FOOT SETBACKS FROM A LAKE
50'
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j t
�x LAKE
Y- -
.ac j
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/ ordinary high
/ water line
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Maximum Amount
of Impervious
Classification Surfaces Allowed)
l; 3. High Hazard Areas
In High Hazard Areas, the maximum impervious
ii surface allowed on each lot is two percent. High Hazard Areas are
defined as those lands where the following conditions exist:
j; a. Slopes 158 - 258 together
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with Class 2 Slide and Slippage and Class 3 Seismic
Hazard, and Class 3 Erosion Hazard Area; or 28
b. Slopes 158 - 258 together
with Class 3 Slide and Slippage and Class 3 j
Erosion Hazard Area; or 28
C. Slopes 258 - 408 together
ii with Class 3 Seismic and Class 3 Erosion Hazard
Areas; or 28
1, d. Slopes 258 - 408 together
with Class 3 Erosion Hazard Areas. 28 j
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4. Severe Hazard Areas
In Severe Hazard Areas the maximum amount of
impervious surface allowed on each lot is 0 percent. Severe j
ii Hazard Areas are defined as those lands where the following condi
tions exist:
a. Slopes 408 and over; or 08
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Classification
b. Slopes 258 - 408 together
''with Class 3 Slide and Slippage, Class 3 Seismic
Hazard, and Class 3 Erosion Hazard areas; or
C. All ravines; or
I d. 75 foot setback from the
';top of any ravine. The top of a ravine is where
!the slope is generally less than 158; or
RAVINE
top of top of
75' ravine ravine 75'
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top (slope is
less than 15%)
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ravine bed,
creek bed (major
or minor creek)
Classification
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e. 50 foot setback from the
ordinary high water mark of any major creek; or
f. 25 foot setback from the
ordinary high water mark of any minor creek; or
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Maximum Amount
of Impervious
Surfaces Allowed
Maximum Amount
of Impervious
urfaces Allowed'
08
08
1 25 FOOT
IJ SETBACK
FROM A
MINOR
CREEK
50 FOOT
SETBACK
FROM A
MAJOR
CREEK
Maximum Amount
of impervious
Classification surfaces Allowed;
g. 10 foot setback from the j
top of any drainage ditch; or 0%
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h. All wetlands as defined in
the document "Classification of Wetlands and Deep-
water Habitats of the United States" by the U.S.
Ii Fish and Wildlife Service of the Department of
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Interior, a copy of which if filed with the City
Clerk. This classification shall exclude all wet-
lands considered in the Valley Floor Studies; or 0%
i. All Unique and Fragile
areas defined in the revised Valley Floor Studies,
approved by City Counc5.1 on February 23, 1981, a
I copy of which is filed with the City Clerk. 08
B. Determining Precise Location of Hazard Areas.
1. The Hazard Area Development Limitations Map
adopted by KCC 12.08.222 is based upon the most accurate data
I! available at the time of preparation.
2. To more accurately determine the location of
hazard areas, the City may require additional information with
development proposals, including, but not limited to, a survey of
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the area. The Hazard Area Map shall be corrected by Planning and
Public Works Departments based upon more recent and accurate
i�information accepted by said departments.
C. Other Requirements - Relocation of a Major or Minor
,Creek.
1. All major and minor creeks in the City of Kent,
jwhere they flow on or across undeveloped land, shall be retained
lin their natural state and location.
2. Where retaining the major or minor creek in its
;natural state may interfere with a proposed development, a site
;,specific plan hereinafter known as a Stream Plan, drawn to scale,
shall be prepared which indicates how the development will be
;constructed in relation to the stream and in relation to required
ijstorm drainage regulations.
1 3. A Stream Plan shall be submitted to the Kent
�iPlanning Department for their review prior to the issuance of any
permit: zoning, building, grading, storm drainage, hydraulics.
4. The Planning Department shall review the Stream)
Plan in relation to the proposed development plan and make a
determination that the Plan does protect the integrity of the
major or minor creek.
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5. The Planning Department may cause a modifica-
tion of the development plan to ensure that the integrity of the
major or minor creek is in fact retained.
6. Any authorization for changing the course of a
major or minor creek or for working in a major or minor creek
shall follow guidelines and recommendations of the Washington
State Department of Fisheries and Game (RCW 75.20.100).
� 7. Setbacks from a relocated major creek shall be'
i! 50 feet or as recommended by the Washington State Department of
Fisheries and Game, whichever is the greater.
8. Setbacks from a relocated minor creek shall bei
25 feet or as recommended by the Washington State Department of i
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Fisheries and Game, whichever is the greater.
1 t D. Exceptions.
1. Low Hazard Areas
a. Development within 75 to 150 feet of the
top of a ravine through which a major or minor creek passes may bl
permitted under the existing zoning requirements if it can be
demonstrated to the Planning Director that water quality and
quantity will not be impacted. i
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j2. Severe Hazard Areas
ill a. 50 foot setback from the ordinary high
,water mark of any major creek. Impervious surfaces may be allowed
a maximum of 20 percent closer to the ordinary high water mark of
'a major creek, if shading vegetation is presently located.
INDUSTRIAL EXAMPLE RESIDENTIAL EXAMPLE
0' setback
O from a major
creek allowed
-- with the addi-
^e.�s soy tion of native
r.om=efeCk^° landscape
along the creek
40' setback from
a major creek
allowed with the
addition of native
'p 5°;^.landscaping along
[reek the creek
3. All Hazard Areas
a. The Planning Director shall have the
authority to waive specific requirements or impose additional
requirements in unique or special circumstances to assure the
fulfillment of the stated purpose of this chapter and to allow for
flexibility and innovation of design. Special circumstances or
unique conditions shall be reviewed with the Planning Director
prior to submittal of the development plan. Examples of special
conditions might include:
- Preservation of unique wildlife habitat;
- Preservation of natural or native areas;
- Compliance with special easements;
- Unique site uses;
4. Vehicular and Pedestrian Access
a. In situations where vehicular and/or
pedestrian access cannot reasonably be provided by avoiding
identified watercourses, then such access shall be allowed In the
form of a vehicular or pedestrian bridge. Construction of any
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bridge shall be subject to the approval of the Public Works
Department regarding storm drainage and hydraulics, and guidelines
and recommendations of the Washington State Department of
Fisheries and Game.
Section 4. Chapter 15.02 KCC is amended to add the
following definitions:
15.02.132 EROSION HAZARD AREAS
A. Class 1 Erosion Hazard Areas
All areas of the City, other than Class 2 or 3
'Erosion Hazard Areas. These areas are areas where no development
limitations are deemed necessary, except where described under
Chapter 15.04 - District Regulations.
B. Class 2 Erosion Hazard Areas
All soils mapped by the Soil Conservation Service as,
having moderate to severe erosion hazard potential. These soils
in the City of Kent include Arents, Alderwood material (AMC),
Alderwood gravelly sandy loam (AgC), and Everett gravelly sandy
loam (EVD).
C. Class 3 Erosion Hazard Areas
All soils mapped by the Soil Conservation Service as
having a severe to very severe erosio hazard potential. These
soils in the City of Kent include Alderwood gravelly sandy loam
(Agd) and Alderwood Kitsap soil (AKF).
D. Soil Conservation Service maps referenced herein are,,
on file with the City Clerk.
15.02.222 LANDSLIDE AREAS
A. Class 1 Landslide Areas
All areas of the City, other than Class 2 or 3 Land
slide Hazard Areas. These areas are areas where no development
limitations are deemed necessary, except where described under
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Chapter 15.04 - District Regulations.
B. Class 2 Landslide Areas
Slopes of 15 percent or greater with permeable sub-
surface material (predominately sand and gravel) to base level.
C. Class 3 Landslide Areas
"Class 3 landslide hazard areas" means those areas
subject to a severe risk of landslide, due to the combination of:
(a) slopes greater than fifteen (15) percent; and (b) impermeable
,subsurface material (typically silt and clay) sometimes inter -
;;bedded with permeable subsurface material (predominantly wet sand
,and gravel) between the top and base (foot) elevations; and (c)
ilcharacterized by springs or seeping groundwater during the wet
llseason (November to February). These areas include both active
,band currently inactive slides.
15.02.342 SEISMIC HAZARD AREAS
A. Class 1 Seismic Hazard Areas
All areas of the City, other than Class 2 or 3
Seismic Hazard Areas. These areas are areas where no development
!Ilimitations are deemed necessary, except where described under
iChapter 15.04 - District Regulations.
B. Class 2 Seismic Hazard Areas
"Class 2 Seismic hazard areas" means those areas
;where soils are characterized by moderately well -drained alluvium
s and glacial outwash of moderate density.
i� C. Class 3 Seismic Hazard Areas
"Class 3 seismic hazard areas" means those areas
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subject to severe risk of earthquake damage due to soils of low
density due to poorly drained or impervious alluvium due to highly
saturated organic material or due to slopes greater than fifteen
(15) percent, excluding those alderwood gravelly sandy loam (AgD)
ii soils located on slopes less than 25 percent overlying thick
sequences of Vashon till.
15.02.112 DRAINAGE DITCHES
A man-made channel with a bed, bank or sides which
discharges surface waters into a major or minor creek, lake, pond 1,
or wetland.
15.02.202 IMPERVIOUS SURFACES
That hard surface area which either prevents or retards
the entry of water into the soil mantle as it entered under
natural conditions preexistent to development, and/or that hard
surface area which causes water to run off the surface in greater
quantities or at an increased rate of flow from that present under
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natural conditions preexistent to development. Common impervious
!'surfaces include, but are not limited to, roof tops, concrete or
;asphalt paving, paved walkways, patios, driveways, parking lots or
(storage areas, and oiled, macadam or other surfaces which
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; similarly impede the natural infiltration of surface water.
15.02.217 LAKES
'I Natural or artificial bodies of water of two or more
nacres and/or where the deepest part of the basin at low water
!exceeds two meters (6.6 feet). Artificial bodies of water with a
(recirculation system approved by the Public Works Department are
not included in this definition.
! 15.02.092 CREEKS, MAJOR
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The following are major creeks identified by the City of
Kent.
A. Mill Creek
B. Garrison Creek and its tributaries
C. Springbrook Creek
j D. Johnson Creek
�! E. Midway Creek
�i F. Star Lake Creek
G. Bingaman Creek
H. Mullen Slough
! I. Mill Creek (Auburn)
J. West Branch Big Soos Creek and tributaries.
The location of these creeks is identified on the map entitled
"Hazard Area Development Limitations," KCC 15.08.222.
15.02.093 CREEKS, MINOR
All creeks other than major creeks and generally
including the following criteria; a course or route as formed by
nature, or as altered by human activity and generally consisting
of a channel with a bed, banks, or side substantially throughout
its length along with surface waters, with some regularity,
naturally and normally flow or drain from high to lower lands.
The location of these creeks is identified on the map entitled
"Hazard Area Development Limitations," KCC 15.08.222.
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15.02.337 RAVIN
An area constituting a "young valley" which contains a
major or minor creek. It includes the bottom land of the ravine
land the ravine sidewalls to a point where the slopes are less than 11
,fifteen (15) percent. See following illustration.
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RAVINE
Top Top (slope is less
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than 15°%)
r
W 1 ','
un ory
Off""nmm�nmunlll(fy, 1
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'ravine bed,
creek bed (major or
minor creek)
15.02.539 VEGETATION, SHADING
j, This is vegetation planted on the south side of a major
creek that generally provides shade from midmorning to midafter-
Inoon. Examples of shading vegetation are specified in KCC
,15.08.200, "Landscaping."
J Section 5. Effective Date. This ordinance shall take
leffect and be in force five (5) days from and after its passage,
'Japproval and publication as provided by law.
ATTEST:
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MARIE JENSE , CITY CLERK
IS BEL HOGAN, MAYO
l�APPROVED AS TO FORM:
iP. STEPHEN Di JULIO, CITY ATTORNEY
,PASSED the day of
I. APPROVED the day of
� PUBLISHED the day of
I hereby certify that this is a true copy of Ordinance
passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereo
indicated.
(SEAL)
MARIE JHNFrEN, CITY CLERK
0503B -183A
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Biological Services Program m,(-- Sys/
FWS/OBS-79131
DECEMBER 1919
Classification of
Wetlands and
epwater HabiDe
of theUnluted Rig
Fish and Wildlife Service
U.S. Department of the Interior
OF
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