HomeMy WebLinkAbout3746Ordinance No. 3746
(Amending or Repealing Ordinances)
CFN=961— Growth Management Plan
Passed — 4/19/2005
Critical Areas -Chapter 11.06
Amend sec. 11.03.510;repeal Ch. 11.05 create new Ch 11.06,
amending various sections of Ch. 14.09; repeal sec. 15.08.220;
repeal sec. 15.08.222; repeal sec. 15.08.224;
amend secs. 15.08.260;15.08.400
Amends Ords.2329;2369;2494;2511;2547;2818;3282;3573
Repeals Ord. 3109
Amends Ord. 2282;2867;3228;3232
Repeals Ord. 3312 (Seca 15.08.224)
Amends Ords. 3338;3600;3612;3439;3600;3612;3633;3639;3643;
3681;3770
Amended by Ord. 3805
Amended by Ord. 3880 (Sec. 14.09.070)
Amended by Ord. 3909 (Secs. 14.09.010;14.09.060;14.09;150;
14.09;170;14.09.180
La
ORDINANCE NO. 174
AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing chapter 11.05 of
the Kent City Code, entitled "Wetlands
Management;" creating a new chapter 11.06, entitled
"Critical Areas;" amending chapter 14.09 of the Kent
City Code, regarding flood hazard regulations;
amending section 15.08.260 of the Kent City Code
entitled "Green River Corridor special interest district
regulations," to adjust for the sections established in
chapter 11.06; amending section 15.08.400, entitled
"Planned unit development, PUD," to provide for a
density bonus if wetland buffer widths are increased
in a planned unit development; amending chapter
11.03 to add SEPA substantive authority; and making
other related amendments.
RECITALS
OVERVIEW:
A. Pursuant to the state Growth Management Act, Chapter 36.70A RCW
(GMA), the City of Kent completed its Comprehensive Plan amendments on July 20,
2004, and, by passage of this ordinance, amends its critical areas ordinance. 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 city undertook an extensive public participation process that allowed
numerous opportunities for public comment. This council has used its best efforts to
weigh, coordinate, harmonize, apply and incorporate the often lengthy and widely
written and oral testimony, which revealed considerable scientific evidentiary
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Critical Areas
disagreement over the interpretation, range, and proper application of best available
science in our city. As a designated urban center that already has in place extensive
environmental and development regulations, Kent reflects the character and nature of
dense, urban development consistent with the urbanized greater Puget Sound region.
As one of Washington's largest and oldest cities with a population of approximately
85,000 people, Kent has been incorporated for over a hundred years. We have
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 critical areas, which exist in a highly
complex, natural, and built urban environment. Although the council believes it has
developed these regulations in accord with the range of best available science, the
buffers adopted in these regulations exist on the low end of that range in order to
balance the needs of the natural environment against other GMA goals, including
maintaining urban densities by encouraging urban growth, reducing sprawl, protecting
property rights, and encouraging economic development.
B. Throughout this process, the city council'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 activities affect critical areas. To that end, the city
council has also endeavored to protect the public from injury, loss of life, or loss of
property or other financial impact.
PROCESS:
C. The following summarizes the course of events as the city developed this
CAO, as well as the numerous occasions' public comment and public participation was
invited:
• May 29, 2004: The Land Use and Planning Board held a workshop to
generally discuss the CAO update process, best available science rule and
timeline.
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Critical Areas
• July 22, 2004: An open house was held to educate the public and solicit
public interest and involvement in the CAO update process.
• August 9, 2004: The Land Use and Planning Board held a workshop to
discuss preliminary findings from the best available science
recommendations, comments from the public open house, and draft'
regulations.
• September 8, 2004: Staff invited interested parties to a focus group
meeting to discuss the proposed regulations and seek comments.
• September 13, 2004: The Land Use and Planning Board held a public
hearing on the draft CAO forwarding staff's recommendation to the city
council for consideration.
• October 4, 2004: The Planning and Economic Development Committee
reviewed the draft CAO. The Committee forwarded the Land Use and
Planning Board's recommendation to the city council.
• October 19, 2004: The city council held a workshop to discuss with staff
the proposed CAO regulations.
• November 2, 2004: The city council remanded the CAO back to the
Planning and Economic Development Committee for further review.
Specifically, the council was concerned about the wetland buffer regulations
and the need to provide the maximum amount of flexibility through the
administration of the regulations.
• November 15, 2004: The Planning and Economic Development Committee
directed staff to evaluate options to provide more flexibility to the wetland
regulations. Staff and consultants evaluated an option to allow for
reductions in the standard wetland buffer width when buffers are degraded,
provided that the buffer is restored.
• November 29, 2004: The Planning and Economic Development Committee
held a public hearing, limited in scope to the wetland buffer regulations.
The option before the committee included the administrative buffer
reduction language. The committee did not take action at the close of the
public hearing.
• January 4, 2005: During a city council workshop, staff was directed to
include an alternative that would retain Kent's existing wetland buffer
widths.
• January 19, 2005: The Planning and Economic Development Committee
held a public hearing specific to the proposed wetland regulations. Two
regulatory options were presented to the Committee. In addition, the
Department of Trade and Economic Development and the Department of
Ecology requested that the council postpone a decision to allow an
opportunity for the state to meet with staff, community members, and
stakeholders regarding the wetland regulations. The Committee agreed to
suspend the process to the February 28, 2005, meeting to allow interested
parties an opportunity to meet to discuss alternatives.
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• February 2, 2005: The Wetland Focus Group was formed. Members
included representatives from the Department of Trade and Economic
Development, Department of Ecology, Master Builders Association, Livable
Communities Coalition, King County Realtors, and members of the local
development community. The purpose of the focus group meetings was to
attempt to reach mutual agreement regarding the scope, content,
interpretation and application of best available science to the city's critical
areas ordinance, specific to the wetland regulations. The Wetland Focus
Group met again on February 9, 2005, and again on February 14, 2005,
but was unable, within that time frame to reach consensus.
• February 28, 2005: The Planning and Economic Development Committee
agreed to allow the Wetland Focus Group additional time to continue
discussions related to the wetland regulations. The Committee postponed
the Critical Areas Ordinance to the March 21, 2005, meeting date.
• March 2, 2005: The Wetland Focus Group reconvened for two more
sessions, the second occurring on March 10, 2005. Although a consensus
was not reached, the group agreed to wetland buffer restoration provisions,
increased compensation ratios, and removal of the `avoidance' criteria for
certain small, isolated, Category 3 wetlands. The Group also agreed to
include an incentive for larger wetland buffers, through changes to the
Planned Unit Development regulations. The Group acknowledged that
smaller wetland buffers might not provide long-term protection for certain
wetland -dependent wildlife species and therefore included a
recommendation for the city to develop a Wildlife Habitat Protection and
Restoration Plan. The Group's recommendations (options 3 and 4 out of
four options) were presented to the Planning and Economic Development
Committee at its March 21, 2005, meeting.
• March 21, 2005: The Planning and Economic Development Committee
held a public hearing limited to proposed wetland regulations. The
Committee was presented with four options which included the
recommendations from the Wetland Focus Group.
• April 4, 2005: The Planning and Economic Development Committee
considered the Critical Areas Ordinance, including the four options related
to wetland regulations. The Committee voted 3-0 to forward the Critical
Areas Ordinance, selecting Option 3, to the full City Council for
consideration.
D. The city also conducted and completed environmental review under the
State Environmental Policy Act (SEPA), issuing an Addendum to its Comprehensive
Plan Environmental Impact Statement (EIS) on September 3, 2004. Another
Addendum to the EIS was issued on January 12, 2005, which included analysis related
to additional wetland regulatory options.
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Critical Areas
E. Additionally, on July 1, 2004, the city provided the required sixty (60)
day notification under RCW 36.70A.106 to the state of Washington on the city's
proposed critical area ordinance. Comments from the state were received, considered,
and entered into the record.
INTERPRETATION AND INCLUSION OF BEST AVAILABLE SCIENCE:
F. As indicated above, many participants in this process disagreed as to the
meaning, extent, and application of best available science. A review of the record
shows that the applicable scientific conclusions provide a range of results and findings
that must be interpreted, and that the interpretation of this range of science vanes
among experts within the scientific community.
G. In particular, interpretation and application of this range of best available
science must be applied to the real, natural, and developed environment in our city.
The range of results and findings are highly dependent upon both the specific research
question asked and the specific site conditions where the study was conducted (i.e.,
slope, land use, degree of disturbance, etc.). Additional interpretation is required to
apply research that was conducted in widely disparate environments, much of it from
outside this state. Moreover, most of this scientific research was not conducted in
urban settings like Kent's. Also, no research exists that takes into consideration other
environmental regulations already in place, such as the city's existing stormwater
protections, development standards, shoreline management regulations, and so forth.
Finally, any review and inclusion of best available science must take into account the
city's other environmental projects, which are intended to preserve the functions and
values of those critical areas in Kent that staff and the city council have identified as
most deserving of protection.
H. The city has in place a number of programs and regulatory processes that
supplement protection of the functions and values of critical areas in Kent Most of
these processes are monitored by the city's Environmental Engineering section within
5 Critical Areas
the Public Works Department. This group's purpose and task is to facilitate the
restoration, enhancement and protection of environmental resources in Kent. The Parks
Department, Planning Department and Public Works Operations division also help
implement these programs. The most significant of these additional programs and
regulatory processes include the following:
• The city has developed and continues to regulate its storm and surface water
utility pursuant to Chapter 7.05 of the Kent City Code. This regulation
provides authority to ensure that surface flows to the downstream watershed
do not increase or cause a degradation to the quality of the water. The city
has developed a requirement to maintain water quality through the Resource
Stream Protection menu established in the 2002 Kent Surface Water Design
Manual. The Resource Stream Protection menu treatment goal is to reduce
metals found in urban runoff that are potentially detrimental to the aquatic
health of wetlands, streams, and sensitive areas.
• Water quality monitoring—monitoring water quantity and quality at a
variety of locations throughout the city.
• Modeling—modeling to identify needs for future capital improvement
project solutions to impacts on critical areas. Problems identified may be
related to water quality, flooding, or biological issues.
• Development—continued review of proposed developments within the city
and within the city's wellhead protection areas outside city limits to ensure
continued protection of the biological and hydrologic integrity of the city's
water resources, to guarantee stormwater regulations are enforced, and to
ensure protection of the city's municipal water supply.
• Solid Waste/Recycling/Conservation—a program is in place to educate the
public and to assist with the conservation of the city's water supply, as well
as solid waste management, recycling awareness, and other conservation
measures.
• Wellhead Protection—protection of the city's groundwater resources, both
inside and outside the city limits, are completed through monitoring
groundwater conditions, commenting on development review within the
wellhead protection areas that are outside our jurisdiction, coordinating with
other agencies, and conducting special projects intended to address potential
contaminant sources to the city's groundwater resources. Any project
located within this designated area must enhance or maintain the water
quantity and quality for infiltration to the maximum extent possible.
• FEMA Floodplain Restrictions—Areas mapped within the Federal
Emergency Management Act (FEMA) floodplain face further development
constraints. Developments within the designated floodplain are required to
include compensatory flood storage volumes that are calculated from pre -
and post -development to be 50% of the 100 -year flood storage volume lost.
6 Critical Areas
• Education—educational opportunities provided by the city include: an
annual Water Festival; community workshops; "2000 Trees" program (in
which the city, through the efforts of community volunteers, annually plants
the same number of trees as the number of each calendar year); the city's
website provides and updates critical areas and environmental information;
other volunteer projects; publications; and special requests for city staff to
make community presentations.
• NPDES Phase II—the city must comply with all conditions and
requirements described in The National Pollutant Discharge Elimination
System Phase II (NPDES). 40 CFR 122.34. This Phase II permit program
requires that the city implement controls to reduce stormwater pollutants,
which have been shown to harm drinking water, human health, and wildlife
habitat. The Phase II rule extends coverage of the NPDES program to the
city of Kent because it owns and operates a storm drain system, discharges
to surface waters, is located in an urbanized area, and is more than 1,000 in
population. As a result, the city must apply for a NPDES Phase II
Stormwater Permit. As a Permittee, the city must comply with the
Minimum Control Measure Requirements as described in 40 CFR
122.34(b). These minimum control measures include public education and
outreach on stormwater impacts, public involvement/participation, illicit
discharge detection and elimination, construction site stormwater runoff
control, post construction stormwater management in new development and
redevelopment, and pollution prevention/good housekeeping for municipal
operations. Complying with these new requirements will benefit water
quality and protect critical areas and associated habitat within the city.
• Regional Meetings and Organizations --city representatives from the
Environmental Engineering section regularly attend and participate in the
following meetings: APWA Stormwater Managers; Cedar River Council;
WRIA 8 (Cedar River) and WRIA 9 (Green/Duwamish) Forums and
committees; South King County Regional Water Association; South King
County Groundwater Management Committee; Green Duwamish
Ecosystem Restoration Program; and the Green River Flood Control
District. These various organizations create substantive regional regulations
that further protect various aspects of the natural environment in Kent.
• Wetland Maintenance Program—the city owns and maintains a large
number of wetland resources within the city. Maintenance includes removal
of non-native and invasive plants, planting native plants, maintaining fences,
providing educational materials, and monitoring wetlands for code
violations.
• Volunteer Native Plant Restoration—the city conducts an ongoing native
plant restoration program, often through volunteer planting events, which
also provide a unique opportunity for public education.
• Eagle Scout Program—the Kent Parks Department helps sponsor an Eagle
Scout Program that allows candidates for eagle scout awards to complete a
7 Critical Areas
project in our parks to earn their eagle scout award. Often these projects are
environmentally beneficial.
I. Concurrent with these additional regulatory processes and programs, the
city has committed hard dollars to a variety of environmental restoration/enhancement
and flood remediation/protection projects that will benefit the local environment.
These include the following:
• Green River Natural Resource Area—a 300 acre preserve located in the
heart of the city's manufacturing and industrial sector and adjacent to the
Green River was constructed, at a cost of approximately eleven million
dollars ($11,000,000), into a multi -faceted facility for flood protection,
water quality enhancement, wildlife habitat, preservation of open space, and
passive recreational activities. The site has also served as an educational
facility to illustrate the importance of protecting watersheds. It also
provides opportunities for volunteer groups to plant trees and shrubs from
the on-site native plant nursery. The city also has plans to construct a
regional watershed interpretive center that will assist with educating the
public on watershed issues.
• In the early 1980's, the city began replacing large sections of the Kent
Springs Transmission main in order to reduce water losses from leakage on
the aging water transmission main. The project was completed in 1996,
having replaced nearly 15 miles of large diameter ductile iron piping. The
total project cost was 10.5 million dollars ($10,500,000). Also, beginning in
1997, the city began a comprehensive water system program to test for and
find water system leaks. This leak detection program identified and
corrected leakage throughout Kent's water distribution system. The water
losses for the Kent water system in the 1970's was approximately 15% of
the total water produced, and that has been reduced to 3.38% losses as of
2003, significantly below the industry standard of 15 to 20%.
• Kent, as a collection agency that sends sewerage to King County Metro, has
participated in, and continues to participate in the County's Infiltration and
Inflow (UI) program. I/I metering was done throughout the Kent collection
system. The total project costs (SSES, design, construction, post project
flow monitoring, etc.) was $1,446,900. One unique aspect of the Kent pilot
project was that it was totally for private side sewers—no work or
rehabilitation was performed on the public sewer system. The project
rehabilitated 139 service laterals and 172 side sewers. Post project flow
monitoring revealed a 78% 1/I reduction was achieved.
• 98th Avenue Regional Treatment and Detention Pond (1995)—this project
decreased peak flows and improved water quality. ($2,250,000 including
design, permitting, construction, maintenance, and monitoring.)
• Mill Creek Box Culverts: improvements to Central Avenue, Novak Lane, S.
228`h Street, Fisher Industrial Park (1995)—this project improved fish
8 Critical Areas
passage and implemented flood remediation, which is intended to reduce'
excessive stream flows. ($1,170,000 including design, permitting,
construction, maintenance, and monitoring.)
• Mill Creek Box Culvert at Bowen Scarff Ford (1997)—this project
improved fish passage and implemented flood remediation. ($622,500
including design, permitting, construction, maintenance and monitoring.)
• Mill Creek Fish Habitat Improvements (1998)—this project benefited fish
habitat and improved water quality. ($277,500 including design, permitting,
construction, maintenance, and monitoring.)
• Fish Habitat Enhancement near S. 277th Street Corridor (1999) --this project
benefited fish and wildlife habitat and improved water quality. ($328,440
including design, permitting, construction, maintenance, and monitoring.)
• Wetland Mitigation Site Improvements along S. 277`h Street Corridor
(2000)—this project benefited fish and wildlife habitat, implemented flood
control, and improved water quality. ($528,090 including design,
permitting, construction, maintenance, and monitoring.)
• Wiesner Drainage Improvements (2001)—this project implemented flood
remediation and water quality improvements. ($176,250 including design,
permitting, construction, maintenance and monitoring.)
• West Fork Soosette Creek Box Culvert and Stream Restoration (2003) --this
project improved fish habitat, water quality, and flood remediation.
($1,291,695 including design, permitting, construction, maintenance, and
monitoring.)
• Boeing Creek Restoration Improvements (2003)—this project improved fish
and wildlife habitat and concomitantly implemented water quality
improvements. ($147,300 including design, permitting, construction,
maintenance, and monitoring.)
• Mill Creek Restoration Improvements (2003)—this project benefits fish
habitat, flood remediation, and water quality. ($290,250 including design,
permitting, construction, maintenance, and monitoring.)
• Upper Meridian Valley Creek Box Culvert and Stream Restoration (2003)—
this project benefits flood remediation, fish habitat, and water quality.
($897,935 including design, permitting, construction, maintenance, and
monitoring.)
• Springbrook Creek Restoration Improvements (2004) --this project benefits
fish habitat, implements stream restoration, improves water quality.
($756,600 including design, permitting, construction, maintenance, and
monitoring.)
• S. 192nd Street/Springbrook Creek Culvert Replacement (2004)—this
project implemented flood remediation. ($197,850 including design,
permitring, construction, maintenance, and monitoring.)
J. In addition, the city council has determined, through its various capital
improvement plans, to implement the following projects in the future:
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• The Meridian Valley Creek Restoration/256`h Flume removal (2005}—this
project will remove the stream from a concrete flume adjacent to SE 256`h Street
and relocate it into a new stream channel, through a wetland connected to Soos
Creek. This will improve fish habitat for one of the most productive Coho
streams in the city.
• Lake Meridian Outlet Relocation (2005-2006)—this project will relocate the
outlet of Lake Meridian into a new stream channel through a forested area and
wetlands, rather than adjacent to 152nd Avenue SE.
• Soosette Creek Restoration (2005-2006)—this project would restore Soosette
Creek channel south of SE 256`h Street, add structure to the stream, and restore
the buffer with native vegetation.
• Upper Meridian Valley Creek Improvements (2007)—this project would
replace culverts at SE 234`h Street and SE 236`h Street, thereby improve fish
passage and flood remediation.
• North Fork West Branch Soosette Creek Improvements (planned but not
scheduled)—this project would add native trees and shrubs to the buffer area
north of Kent-Kangley Road.
• Meridian Meadows Detention Pond Fish Passage Improvements (2005-2006)—
a low flow fish passage needs will be constructed within the detention pond
vault.
• 132nd Avenue Stormwater north of 282nd Street (2005)—this project includes
enhancing the conveyance capabilities of an existing stormwater system and
will benefit flood remediation.
• West Fork West Branch Soosette Creek culvert replacement (2006)—with the
widening of 116`h Avenue SE, several driveway culverts will be replaced with
larger culverts, enhancing fish passage and flood remediation. In addition, the
stream buffer will be moved away from the road and planted with native
vegetation to enhance water quality.
• Boeing Creek Restoration (planned this project would include relocating
Boeing Creek away from S. 212"' Street and West Valley Highway, adding
meanders and structures, including large woody debris, and would include
replanting the buffers with native vegetation.
• Johnson Creek Watershed Restoration and Flood Protection (on-going)—this
watershed is currently experiencing development pressure which will generate
additional stormwater runoff. For those properties within the city of Kent, the
provisions of the Green River Flood Management Agreement must be met;
however, not all sites in the watershed are within the city and stormwater
impacts may be an issue. In addition, the watershed contains some large
wetlands in need of restoration. The goal of the project is to complete a
watershed based plan to address stormwater, habitat and restoration. Benefits
include: flood remediation, water quality, fish and wildlife habitat, open space,
steam and wetland restoration.
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• Culvert replacement projects within the Mill Creek drainage (2007 and on-
going)—there are 5 remaining box culverts that need to be replaced in the Mill
Creek watershed. Upon completion, their replacement will benefit flood
remediation, fish passage, and wildlife habitat.
• Rosso Property acquisition (2005)—the city of Kent applied for and received a
Salmon Recovery Funding (SRF) Board grant to acquire a portion of this
property along the Green River. If able to complete this purchase, the city plans
to construct back channel habitat, plant native vegetation, remove non-native
vegetation, and construct a native plant nursery on-site, which has nearly a mile
of Green River frontage.
• Lower Mill Creek Auburn Confluence Property Acquisitions and Restorations
(in-progress)—the city has been working with property owners on the potential
acquisition along this portion of Mill Creek and has acquired a King County
Conservation Futures grant for this purpose. If the property is secured, the city
would construct a backchannel and would plant the site with native vegetation.
• Clark Lake outlet gravel augmentation (planned but not scheduled)—the city
plans to augment stream bed gravel in the Clark Lake outlet for spawning Coho
salmon.
• Green River Riverview Park back -channel (2006-2007)—this project is part of
the Green/Duwamish Ecosystem Restoration Plan in which the city is partnering
with the United States Army Corps of Engineers and other jurisdictions to
restore salmonid habitat in the watershed. This project would construct a
backchannel for rearing and refuge on the Riverview Park site including log
structures and planting of native vegetation.
• Garrison Creek restoration (2005 and on-going)—this project will restore a
portion of Garrison Creek which is currently causing flooding problems on the
northbound SR 167/S. 212"' Street off -ramp. In addition the project will also
restore an up -stream portion of Garrison Creek. Benefits of this project will
include flood remediation, fish and wildlife habitat, and water quality
improvements.
K. All of these programs and projects will serve to protect the functions and
values of critical areas in Kent, and will, either specifically or generally, preserve or
enhance habitat for all life stages of anadromous fish. As this record shows, the city
council has been and continues to be committed to improving, enhancing, and
protecting critical areas in this city.
L. Within the context of these programs, projects, and complimentary
development regulations, and taking into consideration the broader scientific
evidentiary disputes as to the appropriate interpretation and application required to
11 Critical Areas
include best available science, this council, city staff, and the city's environmental
consultants have reviewed and considered the best available science in the record and
have evaluated and analyzed its relevance to the types and functions and values of the
streams, wetlands, and other critical areas found in this city. The city has documented
and included the best available science in the record through specific best available
science documents prepared for each critical area. These documents and subsequent
addenda help provide a framework for this decision.
WETLANDS REGULATIONS:
M. The city's review of the best available science for wetlands is based upon
scientific references available in 2003 and 2004, as well as relevant studies from the
Washington Department of Community Development's Citations of Recommended
Sources for Designating and Protecting Critical Areas (2002) and the Department of
Community, Trade and Economic Development's (CTED) Critical Areas Assistance
Handbook (2003). Other scientific documents that were relied upon are included in the
best available science document that was prepared and included in the record.
N. Two key issues arose during this process. The first was whether the
city's existing three-tier wetland rating system was sufficient or whether the city should
adopt the Department of Ecology's four -tier wetland rating system. The second major
and most significant area of concern was to determine the appropriate buffer
regulations, taking into account the existing level of developed land, the acceptable
quantity (size), and the appropriate quality (native vegetation and other enhancement)
of the proposed buffers.
O. City staff considered the Department of Ecology's four -tiered wetland
rating system and compared it to the city's current three -tiered wetland rating system.
The system separates wetlands according to habitat function and value, degree of
sensitivity to disturbance (i.e., presence of certain sensitive wildlife), rarity (i.e., bogs),
and ability to compensate for degradation (i.e., presence or absence of habitat
diversity). Although the city's classification system does not fully consider all wetland
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functions such as flood control, water quality improvement, etc., the city's three -tiered
rating system is scientifically based, does rank wetlands from higher to lower function
and value, and meets the requirements under WAC 365-190-180. In 2003 and 2004,
Adolfson and Associates, the city's wetlands consultants, assisted the city with
development of a full array of regulations and standards for wetlands, not all of which
were accepted by this council. This array of regulations works interactively with the
three -tiered wetland rating system currently in use and adequately addresses any
lingering concerns that may be raised regarding the city's continued use of its three-tier
rating system.
P. Moreover, it was not until August, 2004, that the Department of Ecology
revised and published its final guidance on the new four -tiered wetland rating system.
Although arriving late in the GMA update process, city staff and its environmental
consultants reviewed the new Department of Ecology wetland rating system. However,
due to the higher level of complexity in the rating form and increased ability for
subjectivity between evaluators using the form, we have decided to continue to use the
city's three -tiered system. While it is recognized that the Department of Ecology's new
2004 wetland rating system may be appropriate for ranking wetlands at a state or
county level where there is a wide diversity of wetland types, urban areas such as Kent
find that a simpler system adequately addresses wetland impacts and makes better
practical and scientific sense given the lesser diversity of wetland types. Wetland
functions and values will be protected, as mandated under the GMA, with the existing
city rating system.
Q. As a result, the council has determined, based on consultation with city
staff, the city's wetlands consultant, and with the community at large, that the existing
three-tier system adequately addresses the requirements in the WAC. This ranking
system addresses wetland function, value, and uniqueness in our local environment, and
has the added benefit of providing for a rating system that is consistent with past
practice, is easily applied and understood, and accordingly minimizes staff and
developer misinterpretation. For these reasons, council has determined that
13 Critical Areas
continuation of the three-tier ranking system will not adversely affect the functions and
values of critical areas in Kent.
R. In addition, the city and its consultant evaluated the scientific record
related to determining appropriate and adequate wetland buffer widths to protect the
functions and values of wetlands. There continues to be considerable discrepancy in
the scientific literature regarding wetland buffer widths. For example, the scientific
research generally indicates that buffers no smaller than 25 feet and as large as 350 feet
are needed to protect most wetland functions and values (Sheldon et al., 2003). Buffer
widths adequate to protect wetland wildlife, including waterfowl, vary dependent upon
the type of wetland, adjacent land use, site conditions, and other site-specific factors.
The scientific literature reflects that larger buffer widths (over 100 feet and for some
species over 1600 feet) are shown to be needed to protect certain wildlife species that
use wetlands habitat. The scientific literature also shows that larger buffers are useful
to protect certain water quality improvement functions such as removal of fine
sediment.
S. Because of the dramatic spread in buffer width for habitat and other
purposes that is shown in the scientific record, the city must select from the range of
buffer widths needed to protect the variety of species that may use these habitat buffers.
Obviously, the city cannot fully protect all species habitat needs unless the city wants to
set all buffers at 1600' or greater. Rather, the city must make a reasoned and measured
decision, interpreting the scientific literature, taken in the context of the local
environment and within the local regulatory framework. The city has done just that,
after extensive public comment and dispute over the appropriate buffer widths.
T. The wetland buffer widths proposed by the city lie within the range of
effective buffer widths in the scientific record, albeit at the lower end of that range.
Although some participants have argued that smaller wetland buffers widths constitute
a departure from state recommendations and from some of the scientific record, the
council has determined, however, that this "lower end" is acceptable in light of all
14 Critical Areas
factors at play, which are discussed in detail in these recitals. The city has evaluated
the potential risks to the functions and values of wetlands as a result of implementing
these buffers and recognizes that the greatest risk to the functions and values of
wetlands in our jurisdiction is likely to occur in those Category 2 wetlands that are
among the most highly functioning within that category. However, the city's selected
buffers will protect the functions and values of wetlands under the new regulatory
framework provided here in part because the city also is adding buffer enhancement
requirements, increased mitigation ratios, and an increased buffer incentive program as
part of the overall regulation. For example, on the highly built -out and developed Kent
valley floor, this ordinance focuses on enhancing vegetation within the wetlands
buffers, rather than just creating larger, poorly vegetated wetland buffers. The purpose
for this is to improve the functioning of existing buffers, which currently are highly
degraded on the valley floor.
U. As part of this overall GMA enactment process, this council is
concurrently passing a resolution authorizing the Mayor to develop and enact a critical
areas Habitat Protection and Restoration Plan (Habitat Plan). The Habitat Plan will be
put in place to enhance critical area habitat and to offset any unintended past and
present risk of degradation to existing wetland functions and values. Streams will also
be included in the Habitat Plan since wildlife that utilize wetlands also utilize streams
and their associated buffers. The Habitat Plan will use a "landscape approach" to
understand the relationship between stormwater runoff, wetland functions, and fish and
wildlife habitat. This plan could include projects to enhance fish and wildlife habitat,
stormwater management, and wetland restoration.
V. Taken together, as these regulations pertain to wetlands, their
classification, and their attendant buffers, the city council has determined that the
regulatory framework enacted in this ordinance, particularly when viewed in the
context of the city's other regulatory programs and critical areas enhancement projects,
interprets, applies and includes best available science as provided for under law.
15 Critical Areas
STREAM REGULATIONS.
W. Turning to streams and stream buffers, the city also took a specialized
approach in light of the unique conditions in this city. Riparian corridors provide a
wealth of benefits to stream ecosystems and to the fish and wildlife species that are
dependent on them for some or all of their life history. It is in the interest of the city to
provide appropriate stream buffers to help promote the various functions these systems
provide, including helping to regulate stream flow by intercepting rainfall, promoting
infiltration, and maintaining the natural hydrologic cycle. A review pf the best
available science was completed which identified a regulatory approach that differs
between the valley floor area and the East Hill area of Kent.
X. The practical constraints imposed by existing land use patterns and
limitations on stream conditions were recognized factors when developing these new
critical areas regulations. Stream buffer vegetation in the valley tends to be highly
degraded. A substantial amount of existing and vested development has previously
been constructed less than 50 feet from streams based on prior development
regulations, and in some instances substantial development (e.g., buildings, parking
areas, or other impervious surfaces) exists up to within 15 feet of existing streams. As
a result, the ability to "go back in time" and recreate wider buffers would create a
disproportionate number of nonconforming uses in the valley. Also, this would not be
a practical approach because redevelopment would only occur on an isolated basis,
leaving discontinuous and sporadic critical areas with little likelihood of establishing
functioning habitat corridors. Finally, dramatic buffer expansion beyond existing
setbacks in the valley would likely be an economic disincentive that would be harmful
to redevelopment, growth, and employment in the Kent valley. Accordingly, council
has determined to adopt a "valley overlay" program for buffers in this area of Kent.
Y. The options considered included a variety of approaches to addressing
functions, conditions, and context of streams within the valley system—Mill Creek
Kent), Springbrook Creek, and portions of Garrison Creek. The water quality and
itat considerations of these streams was documented and considered, along with
16 Critical Areas
information in the best available science literature applicable to stream functions and
values.
Z. Stream reaches in the valley floor provide a limited set of habitat
functions for anadromous fish. These include migration passage and juvenile rearing.
Because the valley floor streams are nearly flat, the resulting sediments are too fine for
spawning habitat. The primary habitat values that function well in these streams
include water quality and physical habitat structure. Many of the existing buffers along
these streams are dominated by invasive plant species (e.g., reed canary grass,
Himalayan blackberry). These species do not contribute to habitat quality and often
reduce available oxygen. Dissolved oxygen and temperature are the most important
water quality attributes supporting the functions needed by anadromous fish in these
reaches.
AA. As indicated, some areas of the valley have existing stream setbacks as
narrow as 15 feet. This general area is primarily developed with existing buildings,
structures, and impervious surfaces; most are industrial. Past land uses and
development patterns have altered the riparian corridors, and there is insufficient land
to set aside to meet large mimmum stream buffers. These same factors have also
resulted in less than desirable habitat and water quality functions in these areas. By
focusing on enhancing particular degraded stream functions, improvement of the
riparian conditions in the valley floor will be realized over time.
BB. Consequently, these regulations include the best available science in a
manner that would provide improved protection of relevant values in the affected valley
floor stream segments, while recognizing the existing land use pattern and the
economic development functions occurring in the valley.
BALANCING GMA GOALS.
CC. As these recitals show, developing and enacting a critical areas
ordinance that satisfies the GMA requirements and addresses the needs of the
17 Critical Areas
community has been an arduous task. This council has been told by some participants
and even by some city staff that the regulations adopted by this ordinance do not
appropriately include best available science. On the other hand, other participants have
argued strongly that these regulations are entirely consistent with best available science.
Still other speakers have told us plainly that none of the options considered by council
are consistent with best available science. At the very least, the widespread
disagreement among the various parties that have participated in this lengthy public
process show that reasonable minds can and do differ about the meaning, interpretation,
and application of best available science under the GMA.
DD. This council recognizes that, in particular, the wetland buffers adopted
here are at the low end of the range of best available science. Yet, when coupled with
the expanded mitigation ratios, the buffer expansion incentive sections, the buffer
enhancement requirements, and the Wildlife Habitat and Restoration Plan, while taking
into account the various regulations, programs, and projects already in place in this city,
the city council believes that this ordinance does in fact comply with and properly
includes best available science as provided for under the GMA.
EE. Nevertheless, despite our conviction that this ordinance properly
complies with GMA requirements, we would be naive to assume that any reviewing
body will undoubtedly agree with our determination. On that basis, the council wishes
further to discuss its reasons for choosing and applying buffers that are on the lower
end of the range of best available science and includes the following non-scientific
information.
FF. The city's 2004 Comprehensive Plan, in its Framework Policies, lists the
thirteen GMA Planning Goals. GMA's Open Space and Recreation and Environment
goals are of key importance to this city, but equally important are the goals of Urban
Growth, Housing, Economic Development, and Property Rights. In an urban center
like Kent, balancing the competing pressures of accommodating growth and
community vitality with the need to protect and preserve the environment is no small
18 Critical Areas
task. This council, with the assistance of city staff and the greater Kent community, has
endeavored long and hard to balance these competing goals in the fairest manner that
serves all the competing needs voiced by the members of this community who
participated in this lengthy process.
GG. The goals and policies established in the Natural Resources Goals and
Policies on pages 4-42 through 4-54 of the city's 2004 Comprehensive Plan express the
importance of the environment to this city. However, we cannot act in a vacuum. We
must also consider other goals and policies in our plan.
HH. Our Housing Needs and Affordable Housing Goals and Policies, pp. 6-
12 to 6-15, argue in favor of flexibility in our land use regulations in order to fulfill
those goals and policies. Many real estate development representatives spoke strongly
and convincingly that the environment should not receive greater emphasis than the
need to create additional residential housing in our community, which has become an
area that has seen significant single family residential construction.
Il. Nor can this council ignore its economic development goals and policies,
pp. 12-1 through 12-8. This city is committed to supporting its manufacturing and
warehouse distribution center as a significant employment and commercial activity
center not just in the greater Seattle area, but along the entire West Coast. The city has,
over many years, committed considerable time and effort through land use planning
and capital infrastructure projects to facilitate and enhance this center of commercial
activity and significant employment source. The city has an equally important
commitment to downtown revitalization. Excessive environmental regulation can have
a distinct downward effect on this commercial activity, which in many ways is the
lifeblood of our city. The goals of environmental protection must be balanced against
its impacts on commercial growth and the individuals and organizations that have
invested so much in our community's future.
19 Critical Areas
JJ. Finally, though little is discussed about this goal in our Comprehensive
Plan, we must consider the effect of environmental regulation on property rights. This
in fact could be the one most significant factor calling out for a balanced approach to
regulating our natural environment. Although we recognize the need for regulation in
order to preserve the public health, safety, and welfare, we also recognize that these
regulations sometimes negatively affect property values or restrict, and sometimes
eliminate, certain uses on a person's property. The city must consider the negative
impacts to individual property rights when implementing its critical areas regulations.
CONCLUSIONS:
KK. This ordinance implements critical areas regulations that include
available science to protect the functions and values of critical areas in Kent, taking
into account the broader scientific evidentiary disputes over interpretation of the range
of that science when applied to the specific, local environment in Kent, particularly
within the context of the other regulations, programs, and projects already in place
within our jurisdiction.
LL. These resulting regulations implement goals and policies of the Kent
Comprehensive Plan, balancing those pertaining to natural features and environmental
protection against housing, economic development, and property rights goals and
policies.
MM. The regulations adopted also serve as a basis for the exercise of the city's
substantive SEPA authority, while at the same time reducing the city's reliance on
project -level SEPA review to develop individualized standards.
NN. These standards will provide consistent criteria and procedures that will
enable the city to effectively manage and protect critical areas while accommodating
the rights of property owners to use their property in a reasonable manner. At the same
time, these regulations will provide greater certainty to property owners regarding uses
and activities that are permitted, prohibited, and/or regulated due to the presence of
20 Critical Areas
critical areas. These regulations will also coordinate environmental review and the
permitting of proposals involving critical areas with existing development review and
approval processes to avoid duplication and delay, consistent with RCW 36.70B.
00. These regulations are intended to establish conservation and protection
measures for threatened and endangered species in compliance with the requirements of
the Endangered Species Act and provide special consideration for anadromous fish
pursuant to WAC 365-195-925.
PP. These regulations will serve to alert members of the public, including:
appraisers, assessors, owners, potential buyers or lessees, to the development
limitations of critical areas and their required buffers.
QQ. This ordinance is an exercise of the city's police power to protect the
public's health, safety, and general welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amend. Section 11.03.510 of the Kent City Code,
"Substantive authority," is amended to read as follows:
Sec. 11.03.510 Substantive authority.
A. The policies and goals set forth in this chapter are supplementary to those in the
existing authorization of the city.
B. The city may attach conditions to a permit or approval for a proposal so long as:
21 Critical Areas
1. Such conditions are necessary to mitigate specific probable significant
adverse environmental impacts identified in environmental documents prepared
pursuant to this chapter;
2. Such conditions are in writing;
3. The mitigation measures included in such conditions are reasonable and
capable of being accomplished;
4. The city has considered whether other local, state, or federal mitigation
measures applied to the proposal are sufficient to mitigate the identified impacts; and
5. Such conditions are based on one (1) or more laws or regulations as
provided in Ch. 11.03 KCC and subsection (D) of this section and identified in writing
in the license or other decision document.
C. The city may deny a permit or approval for a proposal on the basis of State
Environmental Policy Act so long as:
1. A finding is made that approving the proposal would result in probable
significant adverse environmental impacts that are identified in a final environmental
impact statement or final supplementary environmental impact statement prepared
pursuant to this chapter;
2. A finding is made that there are no reasonable mitigation measures
capable of being accomplished that are sufficient to mitigate the identified impact; and
3. The denial is based on one (1) or more policies identified in subsection
(D) below and identified in writing in the license or other decision document.
D. The city designates and adopts by reference the following additional policies as
the basis for the city's exercise of authority pursuant to this section:
1. The city shall use all practicable means, consistent with other essential
considerations of state policy, to improve and coordinate plans, functions, programs
and resources to the end that the state and its citizens may:
22 Critical Areas
a. Fulfill the responsibilities of each generation as trustee of the
environment for succeeding generations;
b. Assure for all people of the state safe, healthful, productive and
aesthetically and culturally pleasing surroundings;
c. Attain the widest range of beneficial uses of the environment without
degradation, risk to health or safety or other undesirable and unintended consequences;
d. Preserve important historic, cultural and natural aspects of our
national heritage;
e. Maintain, wherever possible, an environment which supports
diversity and variety of individual choice;
f. Achieve a balance between population and resource use which will
permit high standards of living and a wide sharing of life's amenities; and
g. Enhance the quality of renewable resources and approach the
maximum attainable recycling of depletable resources.
2. The city recognizes that each person has a fundamental and inalienable
right to a healthful environment and that each person has a responsibility to contribute
to the preservation and enhancement of the environment.
3. The city adopts by reference the policies in the following city codes,
ordinances, and resolutions:
a. The citywide comprehensive plan as prepared and adopted pursuant
to the State Growth Management Act and adopted on April 18, 1995 by the Kent city
council by Ordinance 3222 and its specific components and elements, and including all
amendments thereto.
b. Shoreline master program as adopted by the Washington State
Department of Ecology on June 16, 1992 and as adopted by the Kent city council on
July 21, 1992 by Ordinance 3056 and including all amendments thereto.
23 Critical Areas
c. The surface water and drainage code, Ch. 7.07 KCC and including
all amendments thereto.
d. Underground installation of electrical or communications facilities,
Ch. 7.10 KCC and including all amendments thereto.
e. Transportation master plan (Resolution 1014 and amended by
Resolution 1032) and Green River Valley transportation action plan (Resolution 1127)
as may hereafter be amended and including all amendments thereto.
f. Wastewater facilities master plan, Ch. 7.09 KCC and including alll
amendments thereto.
g. Comprehensive water plan (Ordinances 2829 and 2960) and
conservation element Resolution 1361 and including all amendments thereto.
h. Construction standards for public works, KCC 6.02.010 and
6.02.020 (Ordinance 3117) and including all amendments thereto.
i. Street use permit requirements, Ch. 6.07 KCC and including all
amendments thereto.
j. Flood hazard protection, Ch. 14.09 KCC and including all
amendments thereto.
k. Subdivisions, Ch. 12.04 KCC and including all amendments thereto.
1. Mobile home parks, Ch. 12.05 KCC and including all amendments
thereto.
in. Valley studies (as adopted in Resolutions 920, 921, 922, 923, and
924).
n. Noise control, Ch. 8.05 KCC and including all amendments thereto.
o. State building code, together with the local implementing
ordinances, KCC Title 14 and including all amendments thereto.
24 Critical Areas
p. State fire code, together with the local implementing ordinances,
KCC Title 13 and including all amendments thereto.
q. Zoning, KCC Title 15 and including all amendments thereto.
r. Recreational vehicle park, Ch. 12.06 KCC and including all
amendments thereto.
s. Water shortage emergency regulations, Ch. 7.13 KCC and Water
Conservation Ordinance 2227 and including all amendments thereto.
t. Required public improvements, Chs. 6.02 and 6.03 KCC and
including all amendments thereto.
u. Storm and surface water drainage utility, Ch. 7.05 KCC and
including all amendments thereto.
v. Storm drainage policies (Ordinance 2547) and including all
amendments thereto.
w. Six (6) year transportation improvement plan (Resolution 1444) and
including all amendments thereto.
x. Comprehensive sewerage plan (Resolution 915) and including all
amendments thereto.
y. Fire master plan (Ordinance 2511) and including all amendments
thereto.
z. Critical areas Ordinance 37
?,wand including all amendments thereto.
25 Critical Areas
SECTION 2. — Repeal. Chapter 11.05 of the Kent City Code,
"Wetlands Management," is hereby repealed in its entirety.
SECTION 3. — Create. Chapter 11.06 of the Kent City Code, entitled
Areas," is hereby created and shall read as follows:
Chapter 11.06
CRITICAL AREAS
Article I. Procedural & Administrative Provisions
Sec. 11.06.010. Title.
This code shall be hereinafter known as the city of Kent critical areas code.
Sec. 11.06.020. Purpose and Intent.
A. The city of Kent contains numerous areas that can be identified and
characterized as critical or environmentally sensitive. Such areas within the city
include wetlands, streams wildlife and fisheries habitat geologic hazard areas
frequently flooded areas, and aquifer recharge areas.
B. The city finds that these critical areas perform a variety of valuable and
beneficial biological, physical and economic functions that benefit the city and its
residents. Alteration of certain critical areas may pose a threat to public safety, private
property and the environment. The city finds therefore that identification regulation
ation
and protection of critical areas is necessary to protect the public health safety and
general welfare. The city further finds that the functions of critical areas and the
purpose of these regulations include the following:
1. Wetlands. Wetlands perform a variety of functions that include
maintaining water quality; storing and conveying stormwater and floodwater;
recharging_ groundwater-, providing important fish and wildlife habitat; and providing
areas for recreation, education scientific study and aesthetic appreciation
26 Critical Areas
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, acreage may also be considered in
achieving the overall goal, to provide levels of protection that reflect the sensitivityoof
individual wetlands and the intensity of proposed land uses; and to restore and/or
enhance existing wetlands, where possible.
The city of Kent's program for wetland protection is a combination of
regulatory and non -regulatory 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, RCW ch.
37.70A.
Protection of the water quality and hydrologic functions of wetlands is
accomplished in Kent by a combination of stormwater management controls (including
both water quality controls and flow controls) regulated pursuant to KCC ch 7.07, and
wetland buffers imposed pursuant to this ordinance. Taken together these programs
will provide adequate water quality and hydrologic protection to meet Best Available
Science requirements.
2. Fish & Wildlife Habitat Conservation Areas.
a. Streams and their associated riparian corridors provide important
fish and wildlife habitat, including habitat for threatened and endangered species; help
maintain water quality; store and convey stormwater and floodwater,• recharge
groundwater; and serve as areas for recreation education scientific study and aesthetic
appreciation. Stream buffers serve to moderate stormwater runoff volume and flow
rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to
maintain desirable water temperatures,• provide habitat for wildlife: and protect stream
resources from harmful intrusion.
27 Critical Areas
The primary goals of stream regulation are to avoid or otherwise
mitigate significant impacts to streams and associated riparian comdors; to protect
threatened and endangered species; to protect water quality through appropriate
management techniques; and, where possible, to provide for stream enhancement and
rehabilitation.
b. Wildlife habitat provides opportunities for food, cover, nesting,
breeding and movement for fish and wildlife within the city; maintains and promotes
diversity of species and habitat within the city; integrates habitat protection with
elements of the city's open space system; helps maintain air and water quality; helps
control erosion; serves as areas for recreation, education and scientific study and
aesthetic appreciation.
The primary goals of wildlife habitat regulations are to identify and
protect fish and wildlife habitat, to avoid impacts to critical habitats for fish and
wildlife; to implement the goals of the Endangered Species Act-, to promote
connectivity between habitat areas to allow for wildlife movement; to provide multi-
purpose open space corridors; and where possible to enhance and rehabilitate wildlife
habitat.
3. Geologic Hazard Areas. Geologic hazard areas include land
characterized by geologic,hydrologic and topographic conditions that render them
susceptible to varying degrees of risk of landslides erosion seismic or volcanic
activity.
The primary goals of re ug lating 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 identified hazards.
4. Critical Aguier Recharge Areas. Aquifer recharge areas provide a
source of potable water and contribute to stream discharge/flow during penods 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
28 Critical Areas
The primary goals of aquifer recharge regulations are to protect critical aquifer
recharge areas and groundwater quality by avoiding or limiting land use activities that
pose potential risk of aquifer contamination; and to minimize impacts to significant
aquifer recharge areas through the application of performance standards.
5. Specafic Flood Hazard Regulations. This section of the Kent City Code,
and other sections as incorporated by reference, contain standards, procedures, critena
and requirements intended to identify, analyze and mitigate potential impacts to the
city's critical areas and to enhance and restore degraded resources where possible. The
general intent of these regulations is to avoid impacts to critical areas. In appropriate
circumstances, impacts to specified critical areas resulting from regulated activities
may be minimized, rectified, reduced and/or compensated for, consistent with the
requirements of this chapter.
Sec. 11.06.030. Reeulated Activities.
A. The provisions of this chapter shall apply to any regulated activity that
potentially affects a critical area or its buffer unless otherwise exempt by these
regulations. Applicable activities are as follows:
1. Removing, excavating, disturbing or dredging soil, sand, gravel,
nunerals, 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
29 Critical Areas
8. Any other activity potentially affecting a critical area or buffer not
otherwise exempt from the provisions of this chapter as determined by the department.
9. The construction of new recreation trails within the buffer, which shall
be low intensi1y, designed and constructed of permeable materials which protect water
quality, allow adequate surface water and groundwater movements, do not contribute to
erosion, and are located where they do not disturb nesting, breeding and rearing areas,
and designed to avoid or reduce the removal of trees.
Where a regulated activity would be partly within and partly outside a critical
this chapter.
B. To avoid duplication, all permits and approvals identified in KCC 12.01 shall be
subject to, and coordinated with, the requirements of this chapter.
C. Non -project actions, including but not limited to rezones, comprehensive plan
map amendments, annexations, and the adoption of plans and programs shall be
subject to the requirements of this chapter. However, the department may at its
discretion, permit any studies or evaluations required by this chapter to use
methodologies and provide a level of detail appropriate to the action pro op sed.
D. Activities within the Green River Natural Resources Area shall be subject to this
chapter with the exception of activities allowed by Resolution 922 adopted by the city
of Kent in March 1981.
Sec. 11.06.040. Exemptions.
A. The following activities performed on sites containing critical areas as defined
by this chapter shall be exempt from the provisions of these regulations:
1. Conservation or preservation of soil water, vegetation fish and other
wildlife that does not entail changing the structure or functions of the critical area
2. Existing and ongoing agricultural activities as defined in this chapter.
3. Activities involving artificially created wetlands or streams intentionally
created from non -wetland sites including but not limited to grass -lined swales
irrigation and drainage ditches retention or detention facilities and landscape features
30 Critical Areas
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 residential or
commercial structures, facilities and landscaping_ provided that reconstruction of any
structures may not increase the previous footprint, and further provided that the
provisions of this chapter are followed.
6. The addition of floor area within an existing building which does not
increase the building footprint.
an application for development including soils tests water quality studies wildlife
studies and similar tests and investigations, provided that any disturbance of the critical
area shall be the minimum necessary to carry out the work or studies.
8. Educational activities scientific research and outdoor recreational
activities including but not limited to interpretive field trips birdwatching boating
swimming, fishing and hiking that will not have a significant effect on the critical area
9. The harvesting of wild crops and seeds to propagate native plants in a
manner that is not injurious to natural reproduction of such crops and provided the
harvesting does not require tilling of soil plantingof f crops or alteration of the cntical
area by changing existing topography, water conditions or water sources
10. Emergency activities necessary to prevent an immediate threat topublic
health, safety, property or the environment which requires immediate action within a
time too short to allow full compliance with this chapter as determined by the
department.
11. Development of lots vested and/or legally created through a subdivision
short subdivision, or other legal means and approved prior to the effective date of this
chapter.
31 Critical Areas
12. Previously legally filled wetlands or wetlands accidentally created by
human actions prior to July 1, 1990. The latter shall be documented through
photographs, statements and/or other conclusive evidence and be agreed to by the
director.
13. Removal of invasive plants and planting of native vegetation in wetland
and stream buffers for the purpose of enhancing habitat values of these areas pursuant
to an approved mitigation plan.
14. Stabilization of sites where erosion or landsliding threatens public or
private structures, utilities, roadways, driveways or publicly maintained trails or where
erosion or landsliding threatens any lake, stream, wetland or shoreline. Stabilization
work shall be performed in a manner which causes the least possible disturbance to the
slope and its vegetative cover. This activity shall be performed in accordance with
approved site stabilization plans.
15. Minor activities not mentioned above and determined in advance and in
writing by the director to have minimal impacts to a critical area.
B. Notwithstanding the exemptions provided by this subsection, any otherwise
exempt activities occurring in or near a critical area or its buffer shall comply with the
intent of these standards and shall consider on-site 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, and existing and ongoing agricultural
activities, no property owner or other entity shall undertake exempt activities prior to
providing fourteen (14) days notice to the director and receiving confirmation in
wnting that the proposed activity is exempt hi case of any ouestion as to whether a
particular activity is exempt from the provisions of this section the director's
determination shall prevail and shall be confirmed in writing_
D. Legally established uses, developments or structures that are nonconforming
solely due to inconsistencies with the provisions of this chapter, shall not be considered
nonconforming pursuant to KCC 15.08.100 Reconstruction or additions to existing
structures which intrude into critical areas or their buffers shall not increase the amount
of such intrusion except as provided by section 10(A) of this title Once a non
32 Critical Areas
conforming use is discontinued for a penod of one-year, that use cannot be re-
established.
E. The exemptions established by this section shall apply only to activities that are
otherwisepennitted by federal, state and/or local laws.
Sec. 11.06.050. Critical areas maps.
The approximate location and extent of critical areas within the city are shown
on the critical areas inventory maps. These maps shall be used for informational
purposes and as ae�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 qualified consultant and confirmed by
the department, accordingto o the procedures definitions and criteria established by this
chapter. In the event of any conflict between the critical area location or designation
shown on the city's maps and the criteria or standards of this section the criteria and
standards shall prevail.
Sec. 11.06.060. Relationship to other regulations.
A. These critical area regulations shall apply as an overlay and in addition to
zoning, land use and other regulations established by the city of Kent In the event of
any conflict between these regulations and any other city regLilations 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
regulations which provide greater protection to environmentally cntical areas shall
apply, as detennmed by the director.
33 Critical Areas
Sec. 11.06.070. Critical area review process and application requirements.
A. Pre -Application Conference.
1. For those projects subject to Environmental Review pursuant to SEPA,
the pre -application requirements of KCC 12.01 shall apply.
2. For projects which are subject to this chapter but are exempt from the
SEPA requirements, the applicant is encouraged to meet with the city_pnor to
submitting an application.
3. The purpose of these meetings shall be to discuss the city's critical area
reguirements, processes and procedures; to review any conceptual site plans prepared
by the applicant; to identify potential impacts to critical areas and appropriate
mitigation measures, and to the extent it can be determined, generally inform the
applicant of any known federal or state regulations or approvals applicable to the
subject critical area. Such conference shall be for the convenience of the applicant,
shall not constitute legal advice or scientific opinion, and any recommendations shall
not be binding on the applicant or the city. It shall be the applicant's sole responsibility
to identify and secure all necessary permits from any agencies with jurisdiction
notwithstanding that the city of Kent may also have the authority to issue a permit.
B. Apphcation 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, the information indicated in the attachments to this
chapter applicable to each critical area. The department may tailor the information
required to reflect the complexity of the proposal and the sensitivity of critical areas
that may potentially be present.
34 Critical Areas
C. Critical Area Consultants - Qualifications & City Review. All reports and
studies required of the applicant by this section shall be prepared by a qualified
consultant as defined in these regulations. The department may, at its discretion, retain
a qualified consultant to review and confirm the applicant's reports, studies and plans.
Such review shall be paid for b t�pplicant.
D. Review Process. This section is not intended to create a separate critical area
review permit process for development proposals. To the extent possible, the city shall
proposals with other land use and environmental considerations, reviews and
approvals. Any permits required by separate codes or regulations, such as Shoreline
Substantial Development Permits, shall continue to be required.
Sec. 11.06.080. Procedural provisions.
A. Interpretation and Conflicts. The director of the department or his/her designee
shall have the authority to administer the provisions of this chapter, to make
determinations with regard to the applicability of the regulations, to interpret the intent
of unclear provisions, to require additional information, to determine the level of detail
and appropriate methodologies for critical area reports and studies, to prepare
application and informational materials as required, to promulgate procedures and rules
for unique circumstances not anticipated by the standards and procedures contained
within this section.
B. Penalties and Enforcement. Compliance with these regulations and penalties for
their violation shall be enforced pursuant to the procedures set forth in KCC 1.04.
C. Appeals from Critical Area Review Decisions. Appeals from critical area review
decisions shall be governed by the procedures set forth in KCC 12.01.190 and KCC
2.32.
D. Burden of Proof The burden of proving that a proposed activity meets the
standards established by this chapter shall be on the applicant
35 Critical Areas
Sec. 11.06.090. Reasonable use Provision,
A. The standards and requirements of these regulations are not intended, and shall
not be construed or applied in a manner, to deny all reasonable use of private property.
If an applicant demonstrates to the satisfaction of the hearing examiner that strict
application of these standards would deny all reasonable use of a property,
development may be permitted subject to appropriate conditions.
B. Applications for a reasonable use exception shall be processed as a Process III
application, pursuant to KCC 12.01.
C. An applicant requesting relief from strict plication of these standards shall
demonstrate that all of the following criteria are met:
1. No reasonable use with less impact on the critical area and its buffer is
possible.
2. There is no feasible and reasonable on-site alternative to the activities
proposed, considering possible changes in site layout reductions in density and similar
factors, that would allow a reasonable economic use with fewer adverse impacts
3. The proposed activities as conditioned will result in the minimum
possible impacts to affected critical areas, considering their functions and values and/or
the risks associated with proposed development
4. All reasonable mitigation measures have been implemented or assured
5. The inability to derive reasonable economic use is not the result of the
applicant's actions or that of a previous property owner, such as by segregating or
dividing the property and creating an undevelopable condition
6. Any alteration of a critical area approved under this section shall be
subject to appropriate conditions and will require mitigation under an approved
mitigation plan.
D. Approval of a reasonable use exception shall not eliminate the need for any
36 Critical Areas
Sec. 11.06.100. Variances.
A. Applications for variances from the stnct application of the terms of this chapter
to a specific property maybe submitted to the city. All variances except administrative
variances per subsection B shall be considered by the hearing examiner as a Process III
application, pursuant to KCC 12.01.040. Approval of variances from the strict
application of the critical area requirements shall be consistent with the followmg
criteria:
1. There are unique physical conditions peculiar and inherent to the
affected property which makes it difficult or infeasible to strictly comply with the
provisions of this section.
2. The variance is the minimum necessary to accommodate the building
footprint and access.
3. The proposed variance would preserve the functions and values of the
critical area, and/or the proposal does not create or increase a risk to the public health
safety and general welfare, or to public or private property.
4. The proposed variance would not adversely affect properties surrounding
the subject site.
5. Adverse impacts to critical areas resulting from the proposal are
minimized.
6. The special circumstances or conditions affecting the property are not a
result of the actions of the applicant or previous owner.
7. The variance shall not constitute a grant of special privilege
B. Other minor buffer modifications may be permitted by the director, as outlined
in the provisions of this chapter.
Article II. Dermitions
Sec. 11.06.105. Definitions.
The following words, terms, and phrases when used in this chapter, shall have
37 Critical Areas
Sec. 11.06.110. Aanlicability.
The definitions contained in this chapter are those that are ,generally used
throughout this title,• except for those definitions specified in KCC 14.09 and 15.02,
which are specific to those respective sections and chapters.
Sec. 11.06.115. Adiacent Wetland.
Adjacent Wetland means wetlands bordering contiguous or nei hg bonng a ever, stream
or lake.
Sec. 11.06.120. Applicant.
Applicant means the person, party, firm, corporation, or other entity that proposes or
has performed an,, amity that affects a critical area.
Sec. 11.06.125. Aquifer.
Aquifer is generally, any water bearing soil unit or geologic formation. Specifically, a
body of soil unit or geologic formation that contains sufficient saturated penneable
material to conduct groundwater and yield economically significant quantities of
groundwater to wells or springs.
Sec. 11.06.130. Aquifer susceptibility.
Aquifer susceptibility is a contributory factor of potential contamination of an aquifer
that results from soil, rock and groundwater characteristics within a recharge area.
Sec. 11.06.135. Aquifer vulnerability.
Aquifer vulnerability means the combined effect of aquifer susceptibility and
contaminant loading potential: it includes hydrogeoloQic, land use and other factors
that affect the potential for groundwater contamination.
38 Critical Areas
Sec. 11.06.140. Artificially created wetland.
Artificially created wetland means wetlands created from non -wetland 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 925.
Sec. 11.06.150. Best manaeement 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 cntical areas.
Sec. 11.06.155. Bog.
Bo i� s a peat -accumulating wetland that has no significant inflows or outflows and
supports acidophilic mosses, particularly sphawium.
Sec. 11.06.160. Buffer or buffer area.
Buffer or buffer area is a vegetated zone contiguous to and surrounding a cntical area
that protects the critical area from adverse impacts to its integrity and value. Buffers
are necessary for the continued maintenance, function, and/or structural stabilet
critical area, and are an integral part of the resource's ecosystem. Buffers may be
enhanced and/or re -vegetated where they are degraded or as part of a mitigation
program. Buffers shall be measured perpendicular from the edge of the critical area
39 Critical Areas
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 cntical area buffer. Roads, parking areas,
uncovered at grade decks, patios, lawns and landscaping are permitted within the
BSBL.
Sec. 11.06.170. Clearine.
Clearing means the removal of timber, brush, grass, ground cover or other vegetative
matter from a site which exposes the earth's surface of the site, or any actions which
disturb the existing ground surface.
Sec. 11.06.175. Compensatory mitigation.
Compensatory mitigation means the replacement of project -related critical area that has
been impacted, including, but not limited to, the following;
A. Restoration means actions performed to reestablish stream or wetland
functional characteristics and processes which have been lost by alterations, activities,
or catastrophic events within an area which no longer meets the definition of a stream
or wetland.
B. Creation means actions performed to intentionally establish a wetland at
a site where it did not formerly exist.
existing wetlands or riparian areas so that the functions they provide are of a higher
quality.
Sec. 11.06.180. Comprehensive plan.
Comprehensive plans means the adopted City of Kent Comprehensive Plan and
amendments thereto.
40 Critical Areas
Sec. 11.06.185. Compensatory flood storage.
Compensatory flood storage means any new, excavated flood storage volume
equivalent to any flood storage capacity which has been or would be eliminated by
filling orrg ading within the flood fringe. The compensatory flood storage must be
hydraulically associated with the floodway.
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 ground water resources.
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 (non -wetland or dry) site through
artificial means.
Sec. 11.06.200. Critical area, or environmentally sensitive area.
Critical area, or environmentally sensitive area means areas that possess important
natural functions and embody a variety of important natural and community values.
Such areas include wetlands, streams, fish and wildlife habitat, geologic hazard areas,
critical aquifer recharge areas and flood hazard areas. If not conducted properly,
development or alteration of such areas may cause significant impacts to the valuable
functions and values of these areas and/or mgy generate risks to the public health and
general welfare, and/or to public and private property.
Sec. 11.06.205. Critical area report.
Critical area report means a report prepared by a qualified consultant to determine the
presence, type, class, size, function and/or value of an area subject to these regulations.
41 Critical Areas
Sec. 11.06.210. Critical aquifer recharge areas.
Critical aguuifer recharge areas means areas designated Wellhead Protection Areas
pursuant to Wellhead Protection plans or via the calculated fixed radius method,
Susceptible Groundwater Areas pursuant to WAC 173-100, and Special Protection
Areas pursuant to WAC 173-200-090.
Sec. 11.06.215. Critical facilities.
Cntical 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 hiternational Building Code, ( or
subsequent amendment).
Sec. 11.06.220. Critical habitat, or critical wildlife habitat, or critical fish
and wildlife conservation area.
Critical habitat, or critical wildlife habitat, or critical fish and wildlife conservation
area means habitat areas associated with threatened, endangered, sensitive, monitor or
priority species of plants or wildlife and which, if altered, could reduce the likelihood
that the species will maintain and reproduce over the long term. Such areas are
identified herein with reference to lists, categories and definitions of species
promulgated by the Washington Department of Fish and Wildlife (Non -Game Data
System Special Animal Species) as identified in WAC 232-12-011 or 232-12-014; in
the Priority Habitat and Species (PHS) program of the Department of Fish and
Wildlife; or by rules and regulations adopted currently or hereafter by the U.S. Fish
and Wildlife Service or the National Marine Fisheries Service.
Sec. 11.06.225. Dedication.
easement or other instrument of conveyance.
42 Critical Areas
Sec. 11.06.227. Degraded wetland buffer.
Degraded wetland buffer means a buffer area which cannot adequately protect its
adjacent wetland due to one or more of the following existing conditions: 1 lack of
vegetative cover or presence of bare soils (resulting from disturbance, fill, debns, or
trash), ) significant cover (over fifty percent) in non-native vegetative; 3) significant
cover (over fifty percent) in invasive species or noxious weeds; or 4) presence of
existing non -conforming 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 to identify wetlands in the field, as described in the Washington
State Wetlands Identification and Delineation Manual, adopted by the Department of
Ecology in 1997 (pursuant to RCW 90.58.380/36.70A.175) and which is based on the
U.S. Corps of Engineers Wetlands Delineation Manual (1987). Use of this manual is
required by RCW 90.58.380/36.70A.175.
Sec. 11.06.235. Department.
Department means the City of Kent Department of Public Works or successor agency,
unless the context indicates a different City department.
Sec. 11.06.240. Director.
Director means the Director of the City of Kent Department of Public Works or his/her
designee.
Sec. 11.06.245. Earth/earth material.
Earth/earth material means the naturally occurring rock soil stone sediment or
combination thereof.
43 Critical Areas
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 (30) percent of the surface area
covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata.
Sec. 11.06.260. Enhancement.
Enhancement means the improvement of an existing viable wetland, stream or habitat
area or the buffers established for such areas, through such measures as increasing plant
diversity, increasing wildlife habitat, installing environmentally -compatible erosion
controls, increasing structural diversity or removing plant or animal species that are not
indigenous to the area. Enhancement also includes actions performed to improve the
quality of an existing degraded wetland stream or habitat area. See also
"Restoration."
Sec. 11.06.265. Erosion.
Erosion means a process whereby gravity, wind rain water, freeze -thaw and other
natural agents mobilize and transport soil particles.
Sec. 11.06.270. Erosion hazard areas.
Erosion hazard areas means areas within the city of Kent underlain by soils which are
subiect to severe erosion when disturbed. Such soils include but are not limited to
those delineated in the "Soil Survey King C, ounty Area, Washington" SDA 1973)
as having a moderate to severe severe or very severe erosion hazard potential These
soils consist of the following: Alderwoodrg avelly sandy loam 15 to 30 percent slopes
(AgD)• Alderwood and KitsM soils very steep MR Arents Alderwood Matenal 6
to 15 percent slopes (AmQ; Beausite gravelly sandy loam 15 to 30 percent slopes
(BeD), Beausite gravelly sandy loam 40 to 75 percent slopes (BeF • Everett gravelly
sandy loam, 15 to 30 percent slopes (EVD)' Indianola loamy fine sand 15 to 30 percent
44 Critical Areas
slopes (InD); Kitsap silt loam, 8 to 15 percent slopes (KpC); Kitsap silt loam, 15 to 30
percent slopes (KpD); Ovall gravelly loam, 15 to 25 percent slopes (OvD); Ovall
gravelly loam, 40 to 75 percent slopes (OvF); Pilchuck loamy fine sand (PO; Ragnar
fine sandy loam, 15 to 25 percent slopes (RaD); Ragnar-Indianola association,
moderately sten (RdE); and Riverwash (Rh).
Sec. 11.06.275. Essential habitat.
Essential habitat means habitat necessary for the survival of federally listed threatened,
endangered and sensitive species and state listed priority species.
Sec. 11.06.280. Excavation.
Excavation means the removal or displacement of earth material by human or
mechanical means.
Sec. 11.06.285. Existing and ongoing aericultural activities.
Existing and ongoing agricultural activities: "Existing and ongoing agricultural
activities" includes those activities conducted on lands defined in RCW 84.34.020(2)
and those activities involved in the production of crops and livestock. Such activity
must have been in existence as of the effective date of this chapter The definition
includes but is not limited to operation and maintenance of farm and stock ponds or
drainage ditches, irrigation systems changes between agricultural activities or crops
and normal operation, maintenance or repair of existing serviceable structures facilities
or improved areas. Activities which bring an area into agricultural use from a previous
non-agricultural 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 non-agricultural use or has lain idle for a period of longer than five
years, unless the idle land is registered in a federal or state soils conservation program
Forest practices are not included in this definition
45 Critical Areas
Sec. 11.06.290. Exotic.
Exotic means any species of plant or animal that is foreign and not indigenous to the
Kent area.
Sec. 11.06.295. Fen.
Fen means a neat -accumulating wetland that receives some drainage from surrounding
mineral soil and usually_supnorts marsh like vegetation.
Sec. 11.06.300. Fill/fill material.
Fill/fill material means a deposit of earth material placed by human or mechanical
means.
Sec. 11.06.305. Filline.
Filling means the act of transporting or1p acing (by any manner or mechamsm) fill
material from, to, or on any surface water body or wetland, soil surface, sediment
surface, or other fill material.
Sec. 11.06.310. Forested wetland.
Forested wetland means a wetland defined by the Cowardin system with at least thirty
(30) percent of the surface area covered by woody vegetation greater than twenty
feet in height that is at least partially rooted in the wetland.
Sec. 11.06.315. Functions, beneficial functions, or functions and values.
Functions, beneficial functions, or functions and values means the beneficial roles
served by wetlands including but not limited to water quality protection and
enhancement, fish and wildlife habitat food chain supportflood storage conveyance
and attenuation, eroundwater 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_
46 Critical Areas
Sec. 11.06.320. Geolosic hazard areas.
Geologic hazard areas means lands or areas characterized by geologic, hydrologic and
topographic conditions that render them susceptible to variyng degrees of potential nsk
of landslides, erosion, or seismic or volcanic activity, and areas characterized by
groundwater supplies through infiltration of contaminants to aquifers.
Sec. 11.06.325. Grading.
Grading means any excavating, filling, clearing, leveling, or contouringof f the ground
surface by human or mechanical means.
Sec. 11.06.330. Growing season.
Growin z season means the average frost -free period of the vear 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 1 through October 31 of any calendar year.
Sec. 11.06.335. Habitat management.
Habitat management means management of land and its associated resources/features
to maintain species in suitable habitats within their natural geographic distribution so
that isolated subpopulations are not created This does not imply maintaining all
habitat or individuals of all species in all cases.
Sec. 11.06.340, Hydric soil.
Hydric soil means soil that is saturated flooded or ponded long enough during the
growing season to develop anaerobic conditions in the upper partThe presence of
hydric soil shall be determined following the methods described in the federal manual
47 Critical Areas
Sec. 11.06.345. Hydrologically isolated.
Hydrologically isolated means wetlands which: 1) have no surface water connection to
a lake ever, or stream during any part of the year, 2) are outside of and not contiguous
to any 100 -yr floodplain of a lake, river, or stream, and 3) have no contiguous hydric
soil between the wetland and any lake, river, or stream. May also be a pond excavated
from uplands with no surface water connection to a stream, lake, or other wetland.
Sec. 11.06.350. Hydrophytic vegetation.
ydrophytic 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 hydrophAic 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 cntical
areas with substitute wetlands or resources whose charactenstics closely approximate
those destroyed or degradedv a regulated activity_
Sec. 11.06.360. Intentionally created streams.
Intentionally created streams means man-made streams created through purposeful
human action, such as irrigation and drainage ditches, grass -lined swales, and canals.
This definition does not include stream modifications performed pursuant to City
authorization, such as changes or redirection of stream channels and does not include
streams created as mitigation. Purposeful creation must be demonstrated through
documentation, photographs, statements and/or other evidence. Intentionally created
streams are excluded from regulation under this chapter, except manmade streams that
provide "critical habitat," as designated by federal or state agencies, for anadromous
fish.
48 Critical Areas
Sec. 11.06.365. Lahar.
Lahar means mudflows or debris flows associated with volcanic activity, and which
pose a threat to life, property and structures.
Sec. 11.06.370. Landslide.
Landslide means episodic downslope movement of a mass of soil or rock.
Sec. 11.06.375. Landslide hazard areas.
Landslide hazard areas include:
1. Any existing active or dormant landslide or debris flow that has shown
movement during the Holocene epoch (from ten thousand years ago to the presentL or
that are underlain or covered by mass wastage debris of that epoch.
2. Areas delineated in the "Soil Survey, King County Area, Washington"
(USDA, 1973) as having a "severe" limitation for building site development. These
soils consist of the following_ Alderwoodrg avelly sandy loam, 15 to 30 percent slopes
(AgM Alderwood and Kitsap soils, very steep (AkF); Beausiterg avelly sandy loam,
15 to 30 vercent slopes (BeD), Beausite gravelly sandytoam, 40 to 75 percent slopes
(BeF); Everett gravelly sandy loam, 15 to 30 percent slopes (EVD); Indianola loamy
fine sand, 15 to 30 percent slopes (InD); Kitsap silt loam, 8 to 15 percent slopes (KpQ-,
KrtsU silt loam, 15 to 30 percent slopes aK D); Ovall gravelly loam, 15 to 25 percent
slopes (OvD), Ovall gravelly loam, 40 to 75 percent slopes (OvF), Ragnar fine sandy
loam, 15 to 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 US Geological Survey, Washington Department of
Natural Resources, or geologic consultant reports completed for the city of Kent.
4. Areas with all three of the following charactenstics: slopes steeper than
15 percent; slopes intersecting_ granular material over silts or clays; and spnngs or
ground water seepage or evidence of seasonal springs or ground water seepage
5. Slopes that are parallel or subparallel to planes of weakness (such as
bedding planes, joint systems, and fault planes) in subsurface materials
49 Critical Areas
6. Slopes subject to failure during seismic shaking.
bank erosion.
potentially subject to inundation by debris flows or catastrophic flooding.
9. Anv area with a slone of 40 nercent or steeper and with a vE
10 or more feet. A slope is delineated by establishing its toe and top and measured by
averaging the inclination over 10 feet of vertical relief.
Sec. 11.06.380. Mitieation.
Mitigation includes:
actions.
2. Minimizing impacts by limitingthe he degree or magnitude of the action and
its implementation.
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment.
4. Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action.
5. Compensating for the impact by replacing or providing substitute
resources or environments.
6. The enhancement, restoration or creation of critical areas as compensation
for impacts resulting from development activities.
While monitoring without additional actions is not considered mitigation for the
purposes of these regulations, it may be part of a comprehensive mitigation program.
Also see "Compensatory Mitigation."
50 Critical Areas
See. 11.06.385. Native Vegetation.
Native vegetation means plant species indigenous to the Puget Sound region that could
occur or could have occurred naturally on the site, which are or were indigenous to the
area in question.
Sec. 11.06.390. Off-site miti¢ation.
Off-site mitigation means performance of mitigation actions, pursuant to standards
established in this chapter, on a site or in an area other than that proposed for conduct
of a regulated activity.
Sec. 11.06.395. Onsite mitisation/compensation.
Onsite mitigation/compensation means replacing wetlands or other resources at or
adjacent to the site on which a wetland or other resource has been impacted by a
regulated activity.
Sec. 11.06.400. Out -of -kind mitigation.
Out -of -kind mitigation means replacement of wetlands or habitat with substitute
wetlands or habitat whose characteristics do not closely approximate those adversely
affected, destroyed or degraded by a regulated activity.
Sec. 11.06.405. Permanent erosion control.
Permanent erosion control means continuous on-site and off-site control measures that
are needed to control conveyance or deposition of earth, turbidity or pollutants after
development, construction, or restoration.
Sec. 11.06.410. Plant association of infrequent occurrence,
Plant association of infrequent occurrence means one or more plant species which
because of the rarity of the habitat and/or the species involved or for other botanical or
environmental reasons, do not often occur in the city of Kent Examples include but
are not limited to:
51 Critical Areas
1. Wetlands with a coniferous forested class or subclass consisting of trees
such as western red cedar, Sitka spruce or lodge pole pine growing on organic soils,
2. Bogs with a predominance of sphagnum moss, or those containing
sphagnum moss, and typically including one or more species such as Labrador tea,
sundew, bog laurel or cranberry;
Sec. 11.06.415. Pond (Deepwater Aquatic Habitat).
Pond1Deepwater Aquatic Habitat) means areas of open surface water that are less than
20 acres in size that are either permanently inundated at mean annual water depths
greater than 6.6 feet, or permanently inundated at less than 6.6 feet in depth that do not
support rooted -emergent or woody plant species. [Source: Washington State Wetland
certain types of ponds from regulation.
Sec. 11.06.420. Practicable alternative.
Practicable alternative means an alternative that is available and capable of being
carried out after taking into consideration cost existing technology. and logistics in
light of overall project purposes and having less impacts to critical areas It may
involve using an alternative site in the general region that is available to the applicant
and may feasibly be used to accomplish the project.
Sec. 11.06.425. Priority habitat/species, or priority wildlife habitat/species.
Priority habitat/species, or priority wildlife habitat/species means habitats and species
of local importance and concern in urban areas as identified by the Washington
Department of Fish and Wildlife Priority Habitat & Species (PHS) program "Priority
species" are wildlife species of concern due to their population status and their
sensitivity to habitat alteration. "Priority habitats" are areas with one or more of the
following attributes: comparatively high wildlife density; high wildlife species
richness: significant wildlife breeding habitat,• significant wildlife seasonal ranges;
significant movement corridors for wildlife; limited availability, and/or high
vulnerability. General types of priority habitat identified in the PHS program — some of
52 Critical Areas
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. Oualified consultant.
Oualified consultant means a person who has attained a degree from an accredited
college or university in the subject matter necessary to evaluate the critical area in
question e.g biology, ecology or horticulture/arboriculture for wetlands, streams and
wildlife habitat and significant vegetation, geology and/or civil engineer licensed in the
State of Washington for geologic hazards and aquifer recharge areas) and/or who is
professionally trained and/or certified or licensed by the State of Washington to
practice in the scientific disciplines necessary to identify, evaluate, manage and
mitigate impacts to the critical area in question. For purposes of wetland studies and
Wetland Scientists as a Professional Wetland Scientist or Wetland Professional in
Training. For the purpose of Geologic Hazards a qualified consultant shall be a
professional geologist, professional engineering geologist or licensed engineer with the
state of Washington.
Sec. 11.06.435. Regulated activity.
Related activity means activities that have a potential to significantly impact a critical
area that is subject to the provisions of this chapter. Regulated activitiese�ly
include but are not limited to any filling, dredging dumping or stockpiling draining
excavating, flooding, clearing orrg ading constructing or reconstructing driving
pilings, obstructing, shading clearing or harvesting.
Sec. 11.06,440. Repair or maintenance.
Repair or maintenance means an activity that restores the character, scope size and
design of a structure or land use to its previously authorized and undamaged condition
Activities that change the character, size or scope of a project beyond the original
53 Critical Areas
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 orrgrading). 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 areaseg nerally contain saturated alluvial sediments and poorly
compacted fill that either is or can become saturated. These areas are mapped as
Category I and Category II liquefaction susceptibility areas on maps contained within:
Palmer, Walsh, Logan, Gerstel, Liquefaction Susceptibility for the Auburn and Poverty
Bay 7.5 -Minute Quadrangles, Washington, Washington State Department of Natural
Resources, September 1995; Pahner, Shasse and Norman, Liquefaction Susceptibility
for the Des Moines and Renton 7.5 minute Quadrangles, Washington, Washington
State Department of Natural Resources, December, 1994; and Slopes that could fail
during an earthquake. In the city of Kent, these areas generally consist of Vashon ice -
contact deposits in areas of 15 percent slope or steeper. Vashon Ice -Contact deposits
(Qvi) are mapped in: Luzier, Water Supply Bulletin No. 28, Geology and Ground -
Water Resources of Southwestern King CoMpty, Washington, State of Washington
Department of Water Resources, 1969.
54 Critical Areas
Sec. 11.06.460. Scrub -shrub wetland.
Scrub -shrub wetland means a wetland with at least thirty (30) percent of its surface area
covered by woody vegetation less than twenty (20) feet in height as the uppermost
strata.
Sec. 11.06.465. Sensitive area tract.
Sensitive area tract means a separate tract that is created to protect the sensitive area
and its buffer.
Sec. 11.06.470. Site.
Site means the location containing regulated critical area and on which a regulated
activity is proposed. The location may be a parcel or portion thereof, or any
combination of contiguous parcels where a proposed activity may impact a cntical 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 ound surface drops ten feet
or more vertically within a horizontal distance of 25 feet on slopes greater than 40
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 which demonstrates clear evidence of the passage
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.
55 Critical Areas
Sec. 11.06.490. Stream reconnaissance report.
Stream reconnaissance report means a type of cntical area report prepared by an
applicant's qualified consultant to descnbe a stream and to characterize its conditions,
wildlife, habitat values and water quality.
Sec. 11.06.495. Structural diversity, vegetative.
Structural diversiU, vegetation means the relative degree of diversity or complexityo
vegetation in a wildlife habitat area as indicated by the stratification or layering of
different plant communities (e.g. ground cover, shrub laver and tree canopy ; the
variety of plant species; and the spacing or pattern of vegetation.
Sec. 11.06.500. Substantial improvement or reconstruction.
Substantial improvement or reconstruction means any repair, reconstruction or
improvement the cost of which is more than fifly percent of the market value of the
structure either (a) before the improvement is started or (b) before the damage occurred
if the structure damaged is being replaced. An improvement occurs when the first
alteration of any wall, ceiling;, floor or other structural part of the building commences,
whether or not the alteration affects the extemal dimensions of the structure.
Substantial improvement does not include (a) an improvement to comply with existing
state or local health, sanitary or safety (Uniform Building Code/Uniform Fire Code)
specifications which are necessary to assure safe conditions; or (b) alteration of a
structure listed on the national Register of Historic Places or a state inventory of
historic places.
Sec. 11.06.505. Substrate.
Substrate means the soil, sediment, decomposing organic matter or combination of
those located on the bottom surface of the wetland, lake stream or ever.
56 Critical Areas
Sec. 11.06.510. Temporary erosion control.
Temporary erosion control means on-site and off-site control measures that are needed
to control conveyance or deposition of earth, turbidity or pollutants dunng
development, construction, or restoration.
Sec. 11.06.515. Unavoidable and necessary impacts.
Unavoidable and necessary impacts means impacts to wetlands that remain after an
applicant has demonstrated that no practicable alternative exists for the proposed
project.
Sec. 11.06.520. Utility.
Utility means natural gas, electric, telephone and telecommunications, cable
communications, water, sewer, or storm drainage and their respective facilities, lines,
pipes, mains, equipment and appurtenances.
Sec. 11.06.525. Volcanic hazard area.
Volcanic hazard area means areas subject to a risk of inundation by lahars or other
related flooding events resulting from volcanic activity originating from Mount Rainer.
These areas are mapped as Class M Lahars on maps contained within: Hoblitt, R.P.,
Walder, J.S., Driedger, C.L., Scott, K.M., Pringle, P.T., and Vallance, J.W., Volcano
Hazards from Mount Rainer, Washington. U.S. Geologic Survev Open File Report 98-
DIM4161-3
Sec. 11.06.530. Wetland.
"Wetland" or "wetlands" means areas that are inundated or saturated by surface water
or ground water 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. Wetlandseg nerally include swamps, marshes bogs and
similar areas. Wetlands do not include those artificial wetlands intentionally created
from non -wetland sites, including but not limited to irrigation and drainage ditches
grass -lined swales, canals, detention facilities wastewater treatment facilities farm
57 Critical Areas
ponds and landscape amenities. However, wetlands include those artificial wetlands
intentionally created to mitigate conversion of wetlands. Wetlands determined pnor
converted cropland (PCC) by Federal agencies may still be considered wetlands by the
city of Kent. If these wetlands meet requirements of the Washington State Department
of Ecology Manual, the wetlands shall be regulated, and the critical area shall be
protected like any other wetland pursuant to this code.
Sec. 11.06.535. Wetland class.
Wetland class means the U.S. Fish and Wildlife Service wetland classification scheme
uses an hierarchy of systems, subsystems, classes and subclasses to describe wetland
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 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 edee.
Sec. 11.06.545. Wildlife habitat.
58 Critical Areas
Article III. General Mitigation and Monitoring
Sec. 11.06.550. Mitigation standards.
A. Mitigation sequencing shall be avoidance, minimization, mitigation. Any
proposal to impact a critical area shall demonstrate that it is unavoidable or will
provide a greater function and value to the critical area.
B. Adverse impacts to critical area functions and values shall be mitigated.
Mitigation actions shall be implemented in the preferred sequence identified in this
chapter. Proposals which include less preferred and/or compensatory mitigation shall
demonstrate that:
1. All feasible and reasonable measures have been taken to reduce impacts
and losses to the critical area, or to avoid impacts where avoidance is required by these
regulations, provided that avoidance is not required where an applicant proposes to fill
and replace a hydrologically isolated emergent Class 3 wetland less than 5,000 square
feet in size pursuant to KCC 11.06.610(C). For the purposes of this section a
hydrologically isolated wetland shall be determined by the US Army Coips of
Engineers.
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.
Sec. 11.06.560. Location and timing of mitigation.
A. Mitigation shall be provided on-site where possible unless the director agrees
that a higher function and value can be accomplished off-site within the same drainage
basin. Mitigation may be allowed off-site only when it is determined through the
SEPA review process, that on-site mitigation is not scientifically feasible or practical
59 Critical Areas
due to physical features of the property. The burden of proof shall be on the applicant
to demonstrate that mitigation cannot be provided on-site.
B. When mitigation cannot be provided on-site, mitigation shall be provided in the
same drainage basin as the permitted activity on property owned secured or controlled
b t�pplicant where such mitigation is practical and beneficial to the critical area
and associated resources. Mitigation sites shall be located within the city, unless
otherwise approved by the director.
C. In-kind mitigation shall be provided except when the applicant demonstrates
and the director concurs, that greater function and value can be achieved through out -
of -kind mitigation.
D. When wetland, stream or habitat mitigation is permitted by these regulations on-
site or off-site, the mitigation project shall occur near an adequate water supply (river,
stream, groundwater) with a hydrologic connection to the critical area to ensure a
successful mitigation or restoration. A natural hvdrologic 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 b t�partment
See. 11.06.570. Mitigation Monitoring.
A. For any actions permitted by this chapter which require a mitigation plana
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 monitonng program shall include a contingency plan in the event that
implementation of the mitigation plan fails to satisfy the approved goals and objectives
A performance and maintenance bond or other acceptable security device is required to
ensure the applicant's compliance with the terns of the approved mitigation planThe
60 Critical Areas
the mitigation project for the length of the monitoring period.
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
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/or quantitative performance standards that will
be used to measure the success or failure of the mitigation. These will include, at a
minimum, standards for plant survival and diversity, including structural diversity, the
extent of wetland hydrology, hydric soils, and habitat types and requirements as
gppropriate.
5. Monitoring_ programs shall be for a period of at least five years and
include at a minimum: preparation of an as -built plan, annual monitonng and
preparation of annual monitoring reports following implementation; and a maintenance
plan. More stringent monitoring requirements maybe 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 consultant and must contain all qualitative
and quantitative monitoring data, photogrWhs, and an evaluation of each of the
applicable performance standards. If performance standards are not being met
ensure that performance standards will be met.
61 Critical Areas
7. The director may extend the monitoring period beyond the minimum
timeframe if performance standards are not being met at the end of the initial five-year
period, and require additional financial securities or bonding to ensure that any
additional monitoring and contingencies are completed to ensure the success of the
mitigation.
Article IV. Wetlands
Sec. 11.06.580. Wetlands RatinE System. The following rating system is
hereby adopted for the purpose of determining the size of wetland buffers and for the
review of permits under this chapter. For the purposes of this section the U.S. Fish and
Wildlife Service's Classification of Wetlands and Deepwater Habitats of the Umted
States, FWS/OBS-79-31 (Cowardin et al., 1979) contains the descriptions of wetland
classes and subclasses.
A. Category I wetlands. Wetlands which meet any of the following criteria:
1. The documented presence of species proposed or listed by the federal or
state government as endangered, threatened or other species identified by the State
Department of Natural Resources through its natural heritage data or by the State
Department of Wildlife as a priority species or the presence of critical or outstanding
actual habitat for those species.
2. Wetlands equal to or greater than two (2) acres in size having forty (40)
percent to sixty (60) percent permanent open water in dispersed patches with two (2) or
more classes of vegetation.
3. Wetlands equal to or greater than ten (10) acres in size and having three
(3) or more wetland classes, one of which is open water.
4. The presence of bogs or fens
B. Category 2 wetlands. Wetlands which meet any of the following criteria and
which are not category 1 wetlands:
1. Wetlands greater than one (1) acre in size
2. Wetlands equal to or less than one (1) acre in size and haviniz three (3) or
more wetland classes.
62 Critical Areas
3. Wetlands equal to or less than one (1) acre, but greater than 1000 sq. ft.,
that have a forested wetland class.
4. Wetlands that contain the documented presence of heron rookeries or
raptor nesting sites.
C. Catekory 3 wetlands. Wetlands which meet the following critena, and which
are not category 1 or 2 wetlands.
1. Wetlands that are equal to or less than one (1) acre in size and that have
two (2) or fewer wetland classes.
Sec. 11.06.590. Determination of wetland boundary by delineation.
A. 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 from wetlands on adjacent
properties may impact the proposed development.
B. The exact location of the wetland boundary shall be determined through the
performance of a field investigation applying the wetland definition of this chapter. An
applicant may request the department to perform the delineation, provided the applicant
pays the department for all necessary expenses associated with performing the
delineation. The department shall consult with qualified professional scientists and
technical experts or other experts as needed to perform the delineation. Where the
applicant has provided a delineation of the wetland boundary, the department shall
verify the accuracy of, and may render adjustments to, the boundary delineation. The
decision of the 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 100 -feet of the project area, including the following information at a minimum:
all known wetland inventory maps (including a copy of the city of Kent Wetland
Inventory Map); wetland delineations and required buffers-, existing wetland acreage,
63 Critical Areas
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.
3. A habitat and native vegetation conservation strategy that addresses
methods to protect and enhance on-site habitat and wetland functions.
D. A wetland delineation which has been confirmed by the department pursuant to
a wetland delineation report has not gone through SEPA review as a part of the
application process, and the city has approved a wetland delineation report for another
purpose, the wetland delineation report shall be valid for a penod of two (2) years from
the date of the approved report.
Sec. 11.06.600. Wetland buffers and building setback lines.
A. Standard buffer widths. Wetland buffer zones shall be required for all regulated
activities adjacent to wetlands. Any wetland created, restored, or enhanced as
compensation for approved wetland alterations shall also include the standard buffer
required for the category of the created, restored, or enhanced wetland. All buffers
shall be measured from the wetland boundga as surveyed in the field. The width of the
wetland buffer zone shall be determined according to the rating assigned to the wetland.
Wetland Cate o
Standard Buffer
1
100 feet
2
50 feet
3
25 feet
B. Increased buffer widths.
1. 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 Rnonty species or habitats
Such increased buffers shall be based on recommendations by a qualified professional
64 Critical Areas
adopted by an agency with jurisdiction.
2. Applicants for development permits may volunteer to provide increased
buffers pursuant to the following procedures:
pursuant to the requirements of this chapter and is at least 25 feet wider than the buffers
required pursuant to KCC 11.06.600(A), the applicant may apply for a ten (10) percent
requirements of KCC 15.08.400, Planned Unit Development.
b. If an applicant provides a buffer which is permanently protected
pursuant to the requirements of this chapter and is at least 50 feet wider than the buffers
required pursuant to KCC 11.06.600(A), the applicant may apply for a twenty (20)
percent increase in the number of residential units permitted per acre pursuant to the
requirements of KCC 15.08.400, Planned Unit Development.
C. 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 is
equivalent to or greater than the functions and values before averaging as determined
by a qualified consultant 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.
values.
b. Averaging will not adversely impact the wetland functions and
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 (50)
percent of the standard buffer or be less than twenty-five (25) feet
65 Critical Areas
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/enhancementplan.
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 three years shall be provided pursuant to an approved monitonng
plan as required by KCC 11.06.570.
D. Buffer restoration Muired. If the buffers, including both standard buffers and
buffers which are averaged, are degraded, they shall be restored duringdevelopment
pursuant to an approved restoration plan. If the plan includes establishing a suitable
growth of native plants mamtenance and monitoring of the buffer for a period of at
least three years shall be provided pursuant to an approved monitoring plan as required
by KCC 11.06.570. 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
authoritv to waive or modify this requirement.
E. Required report for buffer averaging and/or reduction A request to buffer
average pursuant to KCC 11.06.600(C) shall be supported by a buffer
enhancement/restoration plan prepared by a qualified professional The plan shall
assess the habitat, water quality, stone water detention ground water 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: (a) a map locating the specific area of restoration
and/or enhancement, (b) a planting plan that uses native plant species indigenous to this
region including groundcover, shrubs and trees,• and (c) provisions for momtoring and
maintenance throughout the monitoring pend
66 Critical Areas
F. 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-veizetation with native vegetation shall be required pursuant to
an approved restoration/enhancement plan consistent with this code.
G. Buffer utilization for landscape requirements. Enhanced wetland buffers may
be used to satisfy landscaping requirements in Ch. 15.07 KCC where all of the
following criteria are satisfied:
1. The buffer, as enhanced by applicant, will provide equivalent or greater
protection of wetland functions.
2. The enhanced buffer will meet the landscaping requirements as outlined in
Ch. 15.07 KCC. The proposed landscape vegetation satisfies wetland buffer vegetation
requirements.
3. The enhanced buffer is of the full landscape width required by Ch. 15.07
KCC.
H. Permitted uses in a wetland buffer. Activities shall not be allowed in a buffer
except for the following and then only when properly mitigated:
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 trails, according to the following criteria:
a. Constructed of permeable materials.
b. Designed to minimize impact on the stream system
c. Of a maximum width of eight (8) feet.
d. Where feasible, located within the outer half of the buffer, i.e., the
portion of the buffer that is farther away from the stream except to cross a stream when
approved by the City and all other applicable agencies and except as appropriate to
provide outlook points or similar locations for educational scientific and other
purposes which will not adversely affect the overall functions and values of the
wetland.
67 Critical Areas
4. Construction of footbridges and boardwalks.
5. Construction of educational facilities, such as viewing platforms and
informational signs.
6. The construction of outdoor recreation such as fishing niers, boat
launches, benches.
7. Maintenance of pre-existing facilities or temporary uses having minimal
adverse impacts on buffers and no adverse impacts on wetlands. These may include
but are not limited to: maintenance of existing drainage facilities, low intensity passive
recreational activities such as pervious trails, nonpermanent wildlife watching_ blinds,
short term scientific or educational activities, and sports fishing.
8. Stormwater discharge outlets with energy dissipation structures as
approved by the city of Kent. Unless otherwise approved by the director, these shall be
located as close to the outer perimeter of the buffer as allowed by proper design and
function of the discharge system. To the extent that construction of such outlets
impacts vegetation in the buffer, restoration of the vegetation shall be required.
9. On-going maintenance activities by the crtv of Kent vegetation
management division of public works and parks department shall be permitted to
continue general maintenance of wetlands and associated buffers. Maintenance shall
include but not be limited to trash removal, removal of non-native ve etg ation
maintenance of existing vegetation as necessary, restoration, enhancement and sign and
fence maintenance.
I. Building setback lanes. A minimum building setback line of fifteen (15) feet
shall be required from the edge of a wetland buffer provided the director may reduce
the building setback limit by up to 5 feet if construction operation and maintenance of
the building do not and will not create a risk of negative impacts on the adjacent buffer
area.) Alterations of the building setback lines shall not be permitted to create
additional lots for subdivisions Approval of alterations of the BSBL shall be provided
in writing by the director, or his/her designee and may require nutigation such as
buffer enhancement.
68 Critical Areas
Sec. 11.06.610. Avoiding wetland impacts. Regulated activities shall not be
authonzed in Categojy 1 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. Where water -dependent activities are proposed, unavoidable and necessary
impacts may be permitted where no reasonable alternatives exist which would not
involve wetland impacts; or which would not have less of an adverse impact on a
wetland; and that would not have other significant adverse environmental
consequences.
B. Where non -water -dependent 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 altematives to the project as
proposed due to constraints such as zoning deficiencies of infrastructure or parcel size
the applicant has made reasonable attempt to remove or accommodate such constraints
C. Fillip of a hydrologically isolated emergent Class 3 wetland less than 5,000
square feet in size shall be pennitted provided a replacement wetland area is created
pursuant to KCC 11.06.660(D)(2)(a). For the purposes of this section a hydrologically
isolated wetland shall be determined by the US Army Corps of Engineers
Sec. 11.06.620. Limits of impacts to wetlands.
A. For wetlands where buffers are not connected to riparian corridors (Category 3
wetlands, and Category 2 wetlands which are not Category 3 wetlands only because
they exceed one (1) acre in size) the following applies: regulated activities which result
in the filling of no more than ten thousand (10,000) square feet of a wetland may be
Permitted if mitigation is provided consistent with the standards
69 Critical Areas
B. In computing the total allowable wetland fill area under this subsection, the
director shall include any areas that have been filled since January 1, 1991. For
examnle, if five thousand (5,000) square feet of a wetland were filled in February,
1991, future applicants would only be allowed a maximum of five thousand (5,000)
additional square feet under this subsection. Any proposed fill over ten thousand
(10,000) square feet must demonstrate unavoidable and necessary impacts.
Sec. 11.06.630. Fencing and signage. All development and subdivisions to
which this chapter applies shall construct a wildlife passable fence along the entire
buffer edge, unless otherwise approved by the director. Wetland Sensitive Area Signs
must also be attached to the fence or located just inside the wildlife passable fence
attached to a 4 x 4 cedar post (or other non -pressure treated materials approved by the
city). Signs must be located at a rate of one sign per residential lot and one sign per
100 feet for all public rights of way, trails, parking areas, playgrounds and all other uses
located adjacent to wetlands and associated buffers.
Sec. 11.06.640. Sensitive area tracts/easements.
A. Condition of approval. As a condition of approval pursuant to this chapter, the
director shall require creation of a separate sensitive area tract containing the areas
determined to be wetland and/or wetland buffer. Sensitive area tracts\easements are
separate tracts containing wetlands and wetland buffers with perpetual deed restrictions
requiring that the tract remain undeveloped. Sensitive area tracts are an mtegral 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 sensitive area tracts. The director shall require that a sensitive
area be protected by one (1) of the following methods:
1. The apphcant shall dedicate to the city or other public or nonprofit entice
specified by the director, an easement or tract for the protection of native vegetation
within a wetland and/or its buffer, or
70 Critical Areas
2. The applicant shall record against the property, a permanent and
irrevocable deed restriction on all lots containing a sensitive area tract or tracts created
as a condition of approval. Such deed restriction(s) shall be approved by the director
and the city attorney and prohibit in perpetuity the development, alteration, or
disturbance of vegetation within the sensitive area tract except for purposes of habitat
enhancement as part of an enhancement proiect which has received prior written
approval from the city and any other agency with jurisdiction over such activity.
Sec. 11.06.650. Notice on title. The owner of any property with field verified
presence of wetlands or wetland buffers for which a permit application is submitted
shall, as a condition of permit issuance, record a notice of the existence of such wetland
or wetland buffer against the property with the King County Recorder's Office. The
notice shall be approved by the director and the city attorney for compliance with this
provision. The titleholder will have the right to challenge this notice and to have it
released if the wetland designation no longer applies however the applicant shall be
responsible for completing a wetland delineation reportwhich will be subject to
approval by the director. Any unapproved alterations of a wetland will result in a code
violation and will be enforced to the fullest extent of Kent Cites
Sec. 11.06.660. Compensating for wetland impacts.
A. Condition oapproval. As a condition of any approval allowing alteration of
wetlands and/or wetland buffers, or as an enforcement action the director shall require
that the applicant engage in the restoration creation or enhancement of wetlands and
their buffers in order to offset the impacts resulting from the applicant's or violator's'
actions. The applicant shall develop a plan that provides for construction maintenance
and monitoring of replacement wetlands and/or buffers and as appropriate land
acquisition that re-create as nearly as practicable or improves the original wetlands in
terms of acreage function geographic location and setting_
B. Goal. The overall goal of any compensatory mitigation_ project shall be 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
71 Critical Areas
completed prior to wetland destruction, where practicable. Compensatory mitigation
programs shall incorporate the standards and requirements contained in sections
11.06.550 and 11.06.560, above.
C. Restoration and creation of wetlands and wetland buffers. Any person who
alters wetlands shall restore or create wetlands of equivalent functions and values to
those altered in order to compensate for wetland losses. Any created or restored
wetlands shall be protected by the provisions of this chapter.
D. Acreage replacement and enhancement ratio. Wetland alterations shall be
replaced or enhanced using the formulas below, however the director mU choose to
double mitigation ratios in instances where wetlands are filled or impacted as a result of
code violations. The first number specifies the acreage of wetlands requinng
replacement and the second specifies the acreage of wetlands altered. These ratios do
not apply to remedial actions resulting from illegal alterations.
1. Compensation for alteration of Category 1 wetlands shall be
accomplished as follows:
a. By creation of new wetlands at a ratio of six (6) to one L,2
b. By creation of new wetlands at a ratio of one (1) to one (1) and by
enhancement of existing wetlands at a ratio of ten (10) to one (1)• or
c. By a combination of creation of new wetlands and enhancement of
existing wetlands within the range of the ratios set out in subsections (a) and (b) above
existing wetlands at a ratio of five (5) to one (1) maybe acceptable)
2. Compensation for alteration of Category 2 wetlands shall be
accomplished as follows:
a. By creation of new wetlands at a ratio of three (3) to one (1)•
b. By creation of new wetlands at a ratio of one (1) to one (1) and by
enhancement of existmg wetlands at a ratio of four (4) to one (1), or
C. By a combination of creation of new wetlands and enhancement of
existing wetlands within the range of ratios set out in subsections (a) and (b) above so
long as a minimum one (1) to one (1) creation ratio is met
72 Critical Areas
3. Compensation for alteration of Category 3 wetlands shall be
accomplished as follows:
one 1
a. By creation of new wetlands at a ratio of one and one-half (1.5) to
b. By creation of new wetlands at a ratio of one (1) to one (1) and by
enhancement of existing wetlands at a ratio of one (1) to one (1); or
existing wetlands within the range of ratios set out in subsections (a) and (b) above, so
long as a minimum one (1) to one (1) creation ratio is meta
E. Decreased replacement ratio. The director may decrease the required
r_placement ratio where the applicant provides the mitigation prior to altering the
wetland, and a minimum acreage replacement ratio of one (1) to one (1) is provided. In
such a case, the mitigation must be in place, monitored for three (3) growing seasons
and be deemed a success prior to allowing any alterations.
F. Wetland/Habitat Bank. Mitigation may be allowed within a Wetland/Habitat
Mitigation Bank located within the city of Kent once a bank is formed. Proposed
developments must continue to demonstrate avoidance, minimization and mitigatio
prior to being allowed to mitigate using a wetland bank site. A review of the feasibility
of on-site mitigation will be required to be prior to allowing mitigation credits from a
mitigation bank.
G. Wetland type. In-kind compensation shall be provided except that out -of -kind
compensation may be accepted where:
1. The wetland system to be replaced is already significantly degraded and
out -of -kind -replacement will result in a wetland with greater functional value
2. Technical problems such as exotic vegetation and changes in watershed
hydrology make implementation of in-kind compensation impracticable
3. Out -of -kind replacement will best meet identified regional goals (e.g.,
73 Critical Areas
1 The hydrology and ecosystem of the original wetland and those who
benefit from the hydrology and ecosystem will not be substantially damaged by the
onsite loss.
On-site compensation is not feasible due to problems with hydrology, soils, or
other factors.
2. Compensation is not practical due to potentially adverse impacts from
surrounding land uses.
3. Existing functional values at the site of the proposed restoration are
significantly greater than lost wetland functional values.
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.
I. Q,ff-site compensation. Off-site compensation shall occur within the same
drainage basin as the wetland loss occurred, unless the applicant can demonstrate
extraordinary hardship.
J. Q{f-site compensation site selection. In selecting compensation sites for creation
or enhancement, applicants shall pursue siting in the following order of preference:
1. Upland sites which were formerly wetlands and/or significantly degraded
wetlands. Such wetlands are typically small;'have only one (1) wetland class; and have
one (1) dominant plant species or a predominance of exotic species.
2. Idle upland sites generally having bare ground or vegetative cover
consisting pnmarily of exotic introduced species, weeds, or emergent vegetation.
3. Other disturbed upland.
K. 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 wildlife and flora.
L. Completion of mitization construction. On completion of construction any
approved mitigation project must be signed off by the applicant's qualified consultant
and approved by the department. A signed letter from the consultant will indicate that
74 Critical Areas
the construction has been completed as approved, and approval of the installed
mitigation plan will begin the monitoring period if appropriate.
Article V. Fish & Wildlife Habitat Conservation Areas
Sec. 11.06.670. Stream classifications and rating,
A. To promote consistent application of the standards and requirements of this
chapter, streams within the city of Kent shall be rated or classified according to their
characteristics, function and value, and/or their sensitivity to disturbance.
B. Classification of streams shall be determined by the department based on
consideration of the following factors:
1. Approved technical reports submitted by qualified consultants in
connection with applications for activities subject to these regulations
2. Application of the criteria contained in these regulations; and
3. Maps adopted pursuant to this chapter;
C. Streams shall be designated Types 1 through 3 as follows:
1. Type 1 Water — means all shorelines identified in the Kent Shoreline
Master Program.
2. Type 2 Water — means salmonid bearing segments of natural waters not
classified as Type 1 Water, with documented salmonid use. This category also refers to
lakes, ponds, or impoundments having a surface area of 1 acre of greater at seasonal
low water. Salmonid Bearing waters are used by fish for spawning rearing or
migration.
3. Type 3 Water — means non -salmonid segments of natural waters not
classified as Type 1 or 2 Waters. These are stream segments within the bankfull width
of defined channels that are perennial and intermittent non -salmonid habitat streams
These waters begin at a point along the channel where documented salmonid fish use
ends.
75 Critical Areas
Sec. 11.06.680. Stream buffer areas, setbacks, fencing and signage.
A. General provisions.
1. The establishment of buffers shall be required for all development
proposals and activities in or adjacent to streams. The purpose of the buffer shall be to
protect the integrity, function, value and resources of the stream. Buffers shall typically
the buffer. No buildings, structures, impervious surfaces or non-native landscaping
shall be allowed in a buffer unless otherwise permitted by this chapter. If the site has
previously been disturbed, the buffer area shall be re -vegetated pursuant to an approved
enhancement plan. Where flexible buffer widths are permitted by this chapter, such
enhancement shall be considered in determining appropriate buffer widths. Buffers
shall be protected during construction by placement of a temporary barricade, notice of
the presence of the critical area, and implementation of appropriate erosion and
sedimentation controls. Restrictive covenants or conservation easements will be
required to provide long-term preservation and protection of buffer areas.
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.
3. All stream buffers shall have a minimum building setback line, as
defined by this chapter, of 15 -feet from the edge of all stream buffers.
4. All stream buffers shall have a wildlife passable fence installed at the
edge of the buffer. Fencing shall consist of split rail cedar fencing (or other non-
pressure treated materials approved by the city). The fencing, shall also include
sensitive area signage at a rate of one (1) sign per lot or one (1) sign per 100 feet for
large parcels and along public right of way whichever isegr. ater.
76 Critical Areas
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
T e 2
100 feet
Type 3
40 feet
C. Valley stream bu f ers. A special stream buffer and mWization/enhancement
program shall apply to the industrialized areas adjacent to portions of Mill Creek
Garrison Creek and Springbrook Creek on the valley floor. These areas are
substantially developed for industrial uses and existing, historical setbacks are typicall
less than 50 feet. Existing buffers are degraded. These areas areeg nerally identified
by the Valley Stream Overlay Map. The Valley Stream Overlay area iseg nerally
described as that area begging at the Kent city limits where the Green River and
South 180'hStreet intersect, following 180a' Street easterly to the eastern rit-of-way
line to SR 167, then moving south along the SR 167 eastern right-of-way line to the
intersection of 98th Avenue South then along the Green River Valley floor to West
Smith Street then east along West Smith Street to East Titus Street then along East
Titus Street to Central Avenue, then following the Green River Valley floor to the
Green River, then following the eastem edge of Green River to the point of beginning._
1. Stream buffers shall be 50 feet.
2. The goal of the special 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. A buffer management and enhancement plan shall be required consistent
with the mitigation performance standards in this section
4. Buffer reductions or averaging shall not be permitted except as permitted,
through the reasonable use provisions of section 11.06.090, or the variance provision of
section 11.06.100 of these regulations.
77 Critical Areas
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 er averaginQ. The department may permit buffer widths to be averaged for
Type 2 streams only, in accordance with the stream report, subject to the following
critena:
1. Stream functions will not be reduced.
2. Salmonid habitat will not be adversely affected.
3. Additional enhancement of habitat is provided in conjunction with the
reduced buffer.
4. The total area contained in the buffer area after averaging is not less that
what would be contained in the standard buffer.
5. The buffer width is not reduced by more than 50 percent in any location.
6. All reduced buffers shall be mitigated through buffer enhancement
pursuant to the requirements of section 11.06.550.
F. Activities within buffer. No structures or improvements shall be permitted
within the stream buffer area, including buildings decks docks except as otherwise
permitted by this section, by the city's adopted Shoreline Master Program or under one
of the following circumstances:
1. When the improvements are part of an approved enhancement
restoration or mitigation plan, or
2. Construction of new public roads and utilities and accessory structures
when no feasible altemative location exists,• or
3. Construction of foot trails, according to the following criteria:
a. Constructed of permeable materials.
b. Designed to minimize impact on the streams stem
c. Of a maximum width of eight (8) feet.
d. Located within the outer half of the buffer, i.e., the portion of the
buffer that is farther away from the stream except to cross a stream when approved by
the city and all other applicable agencies.
78 Critical Areas
4. Construction of footbridges and boardwalks.
5. Construction of educational facilities, such as viewing platforms and
informational signs.
6. Stormwater discharge points and energy dissipation structures, provided
mitigation and enhancement is completed and approved b thy.
G. Protection of streams/buffers. Lon term erm protection of a regulated stream and
its associated buffer shall be provided by placing it in a separate tract on which
development is prohibited, executing an easement, dedication to a conservation
organization or land trust, or similarly preserved through a permanent protective
mechanism acceptable to the city. The location and limitations associated with the
stream and its buffer shall be shown on the face of the deed or plat applicable to the
property and shall be recorded with the Kinky Recorder's Office.
property. A variance from buffer width requirements may be granted by the city
subject to the variance criteria set forth in section 11.06.100 of these regulations.
Variances to buffers shall require a buffer enhancement plan pursuant to section
11.06.550, including bonding pursuant to section 11.06.560. Prior to obtaining a
variance, the applicant must demonstrate that all other reasonable alternatives including
avoidance, minimization and buffer -averaging have been explored and would prohibit
all reasonable economic use of the property,
I. Buffer enhancements. The applicant may propose to implement one or more
enhancement measures, listed in order of preference below, which will be considered in
establishing buffer requirements:
1. Removal of fish barriers to restore accessibility to anadromous fish.
2. Enhancement of fish habitat using log structures incorporated as part of a
fish habitat enhancement plan.
3. Creating or enhancing the surface channel if approved by the
Washington Department of Fish and Wildlife.
4. Planting native vegetation within the buffer area especially vegetation
that would increase value for fish and wildlife increase stream bank or slope stability,
improve water quality, or provide aesthetic/recreational value
79 Critical Areas
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:
or piped.
a. Creating a surface channel where a stream was previously culverted
b. Removing or modifying existing stream culverts (such as at road
crossings) to improve fish passage and flow capabilities which are not detrimental to
fish.
c. Upgrading retention/detention facilities or other drainage facilities
beyond required levels.
d. similar measures determined to be appropriate by the department.
See. 11.06.690. Alteration or development — standards and criteria.
Alteration of streams and/or their established buffers may be permitted by the
department subject to the criteria of this section. Standards for mitigation of impacts to
critical areas are identified in section 11 06 550 of these regulations
A. Alteration shall not degrade the functions and values of the stream
B. Activities located in water bodies and associated buffers used by anadromous
fish shallig've special consideration to the preservation and enhancement of fish
habitat, including but not limited to the followin&
1. The activity is timed to occur only within the allowable work window for
the particular species.
the habitat and any impacts are mitigated
3. An alternate location or design is not feasible
80 Critical Areas
C. Relocation of a Type, 2 or 3 stream solely to facilitate general site design shall
not be permitted. Relocation of a stream may be permitted only when it is part of an
approved mitigation or enhancement/restoration plan, and will result in equal or better
habitat and water quality, and will not diminish the flow cgpacity of the stream.
D. Bridges shall be used to cross Type 1 streams; boring/micro-tunneling may be
considered for utility crossings if it would result in the same or lower impacts as
bridging.
E. All new culverts shall be designed following_ guidance provided in the
Washington Department of Fish and Wildlife's document: "Design of Road Culverts
for Fish Passage, 2003" (or most recent version thereof). The applicant shall obtain a
HPA from the Department of Fish and Wildlife. Culverts are allowed only in Type 2
and 3.
F. 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.
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 sections 11 06 550 and 11 06 560 shall be
incomorated into mitigation plans submitted to the city for impacts to streams
Mitigation plans are subject to approval by the city of Kent
A. Use plants native to the Puget Lowlands or Pacific Northwest ecore ion•
nonnative, introduced plants or plants listed by the Washington State Department of
Agriculture as noxious weeds (WAC 16-750) shall not be used
B. Use plants adapted to and appropriate for the proposed habitats and consider the
ecological conditions known or expected to be present on the site
C. Avoid planting significant areas of the site with species that have questionable
potential for successful establishment such as species with a narrow range of habitat
tolerances.
81 Critical Areas
the Washington Native Plant Society's Policy on Collection and Sale of Native Plants,
that do not jeopardize the survival or integrity of donor plant populations.
E. Use perennial plants in preference to annual species, annuals shall be planted
following the second or third year after initial installation of plantings to determine the
success of initial plantings and maintenance practices. Annual plants shall only be used
if mitigation monitoring determines that native plants are not naturally colonizing the
site or if species diversity is unacceptably low compared to approved performance
standards.
F. Use plant species high in food and cover value for native fish and wildlife
species that are known or likely to use the mitigation site (according to reference
wetlands, published information, and professional judgment).
G. Install a temporary irrigation system and specify an irrigation schedule unless a
sufficient naturally -occurring source of water is demonstrated.
H. Confine temporary stockpiling of soils to upland areas. Unless otherwise
approved by the department, comply with all applicable best management practices for
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 wetland functions from proposed development
Prepare contingency plans as described in section 11.06.550 for all mitigation
proposals.
K. Do not rely on fertilizers and herbicides to promote establishment of plantings
If fertilizers are used, they must be approved in writing by the department and other
applicable agencies and shall be applied per manufacturer specifications to planting
82 Critical Areas
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,
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
"critical" habitat and "ponds" according to the criteria in this section.
A. "Critical Habitat" are those habitat areas which meet any of the following
criteria:
1. The documented presence of species or habitat listed by federal or state
agencies as "endangered", "threatened", "candidate", "sensitive" or "priority".
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 paragraph (a), above, and shall apply to
active nests. To demonstrate that a nesting site is inactive and not subject to these
regulations, an applicant must monitor the nesting site during construction and submit a
report documenting_ that it is not currently being used by the relevant species.
B. "Ponds" (deepwater aquatic habitat), as defined in this chapter, which are
important to and support a wide variety of species of fish, wildlife or vegetation.
Sec. 11.06.720. Wildlife habitat buffer areas and setbacks.
A. Buffer widths for critical habitat areas shall be determined by the department,
based on an critical area report prepared by the applicant pursuant to this chapter and
consideration of the following factors.
1. Research and evaluation of best available science sources relevant to
species and habitat present within the city, as documented in City of Kent Best
83 Critical Areas
Available Science Review for Fish and Wildlife Habitat Conservation Areas, 2004,or
amendments thereto,
2. Species-specific management guidelines of the Washington Department
of Fish and Wildlife.
3. Recommendations contained in the wildlife study submitted by a
qualified consultant, following the reporting requirements of these regulations.
4. The nature and intensity of land uses and activities occurring on the site
and on adjacent sites. Buffers are encouraged but are not required for secondary
habitat.
B. Buffers for ponds shall be 75 feet plus a 15 -foot BSBL.
quality.
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 maybe permitted in appropriate cases
include permeable pedestrian trails, fishing piers and viewing_ platforms, and utility
easements, provided that any impacts to the buffer resulting from permitted facilities
shall be mitigated. When permitted, such facilities should be located in the outer ten
feet (10') of the buffer, unless otherwise approved by the director.
E. Long term protection of critical habitat areas and their associated buffer(s) shall
be provided by placing them in a separate tract on which development is prohibited;
protection by execution of an easement, dedication to a conservation organization or
land trust, or a similar permanent protective mechanism acceptable to the city. The
location and limitations associated with the habitat and its buffer shall be shown on the
face of the deed or plat applicable to the property and shall be recorded with the King
County Recorder's Office.
84 Critical Areas
Sec. 11.06.730. Alteration or development of wildlife habitat.
A Critical Habitat: Alterations of critical habitat shall be avoided, subject to the
variance or reasonable use provisions of this chapter.
B. Where Rermitted by these regulations, alteration shall not degrade the functions
and values of the habitat.
Sec. 11.06.740. Performance standards for mideation planning.
A. The performance standards in this section, and the general standards in Section
11.06.550 of this chapter, shall be incorporated into mitigation plans submitted to the
department for impacts to wildlife habitat. The following additional miti ation
measures shall be incorporated in mitigation planning:
1. Locate buildings and structures in a manner that minimizes adverse
impacts on critical habitats used by priority, threatened or endangered species and
identified by the Washington State Department of Fish and Wildlife, National Marine
Fisheries Services. and U.S. Fish and Wildlife Services.
2. Integrate retained habitat into open space and landscaping
3. Wherever possible, consolidate critical habitats into larger,
unfragmented, contiguous blocks.
4. Use native plant species for landscaping of disturbed or undeveloped
areas and in any habitat enhancement or restoration activities.
5. Create habitat hetero eg neity and structural diversity that emulates native
plant communities described in Natural Vegetation of Oregon and Washington
(Franklin, J.F. and C.T. Dymess 1988) or other regionally recognized publications on
native landscapes.
6. Remove and/or control any noxious and invasive weeds or exotic
animals which are problematic to the critical habitat area as determined by the
Department.
7. Preserve significant or existing native trees, preferably in stands or
groups, consistent with achieving the goals and standards of this chapter.
B. On completion of construction any approved mitigation project must be signed
off by the applicant's qualified consultant and approved by the department A signed
85 Critical Areas
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 penod
if appropnate.
Article VI. Geological Hazard Areas
Sec. 11.06.760. Alterations of geologic hazard areas.
A. Criteria. Alterations of geological hazard areas or associated buffers may only
occur for activities that meet the following cnteria:
1. Will not increase the existing threat of the geological hazard to adiacent
properties
2. Will not adversely impact other critical areas.
3. Are designed so that the hazard to the project is eliminated or mitigated
to a level equal to or less than pre -development conditions.
4. Are certified as safe as designed under anticipated conditions by a
qualified engineer or geologist, licensed in the state of Washington.
The department may condition or deny_12=osals as appropriate to achieve these
criteria. Conditions may include limitations of proposed uses modification of density,
alteration of site layout and other appropriate changes to the proposal
B. Essential public facilities. Public emergency, health and safety facilities and
public utilities shall not be sited within geologically hazardous areas 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. above.
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
86 Critical Areas
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, exgMtt
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. The hazard analysis must be
completed in general accordance with the requisites described in the geologic report
3. Where the department determines that erosion from a development site
in an erosion hazard area poses a significant risk of damage to downstream receiving
waters, based either on the size of the project, the proximity to the receiving water or
the sensitivity of the receiving water, the applicant shall be required to provide regular
monitoring of surface water discharge from the site. Monitoring reports shall be
submitted to the department based on provisions in an approved mitigation plan If the
proiect 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 maybe allowed only as follows
a. The evaluation of site-specific subsurface conditions shows that the
87 Critical Areas
b. Mitigation based on the best available engineering and geotechnical
damage, death, or injury resulting from seismically induced settlement or soil
liquefaction. Mitigation shall be consistent with the requirements of KCC 14.01 and
shall be approved by the Building_ Official, and
c. Mobile homes malplaced in seismic hazard areas without
performing special studies to address the seismic hazard. Such mobile homes may e
subject to special support and tie -down requirements.
F. Volcanic hazard areas. The City shall maintain a may that indicates the location
of volcanic hazards. Sites which are located on or within 200 feet of an identified
volcanic hazard area shall include a notation on the title to the affected property
disclosing the presence of the hazard.
Sec. 11.06.750. Buffers and setbacks.
A. A buffer shall be established to protect geologic hazard areas. Buffers and
setbacks shall be established from the top, bottom, and sides of critical areas. Unless
permitted by the director, native vegetation within buffer areas shall not be impacted,
and shall remain in their natural state. The width of the buffer shall be established by
the department based on consideration of the following factors:
1. The recommendations contained in the _geologic report required by this
chapter and prepared by a qualified consultant.
2. The sensitivity of the geologic hazard in question.
3. The type and intensityof the proposed land use.
B. All buffers shall include a minimum fifteen (15) foot BSBL
C. When the geotechnical report demonstrates that due to application of design and
engineering solutions, lesser buffer and setback distances will meet the intent of this
regulation, such reduced buffer and setback distances may be permitted
1. Minimum buffer width for landslide hazard areas shall be equal to the
vertical height of the landslide hazard or fifty (50) feet whichever is greater, for all
landslide hazard areas that measure 10 feet or more in vertical elevation chane from
88 Critical Areas
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 25 -feet.
3. To increase the functional attributes of the buffer, the department may
require that the buffer be enhanced through plantingoindigenous 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 Ryanted by
the department.
Article VII. Critical Aquifer Recharge Areas
Sec. 11.06.770. Critical aquifer recharge areas designation rating and
mapping.
A. Critical aguifer recharge areas designation Critical aquifer recharge
(CARA) are those areas with a critical recharging effect on aquifers used for potable
water as defined by WAC 365-190-030 (2). CARA have prevailing geologic
conditions associated with infiltration rates that create a high potential for
contamination of ground water resources or contribute significantly to the
replenishment ofjzround water. These areas include the following_
1. Wellhead protection areas. Wellhead protection areas shall be defined
by the boundaries of the ten (10) year time of ground water travel or boundaries
established using alternate criteria approved by the Department of Health in those
settings where ground water time of travel is not a reasonable delineation criterion in
accordance with WAC 246-290-135.
89 Critical Areas
2 Susceptibleground water management areas. Susceptible ground water
management areas are areas that have been designated as moderately or highly
vulnerable or susceptible in an adopted ground water management program developed
pursuant to Chapters 173-100 WAC.
3 Special protection areas Special protection areas are those areas
defined by WAC 173-200-090.
4. Private wells. Private wells are not govemed 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 May, maintained by the department.
2. These maps are to be used as a guide for the city of Kent, project
applicants and/or progertv owners, and may be continuously updated as new critical
areas are identified or when updates to the city of Kent Wellhead Protection Program
are completed. They are a reference and do not provide a final critical area designation.
tion.
3. This mapping does not include private water wells for single family
residences.
Sec. 11.06.780. Critical aquifer recharge area reporting requirements.
A. Activities that require a critical area report. If located within a CARA, the
following land use proposals shall be required to complete a critical aquifer recharge
area report. The report shall be submitted to, reviewed and approved by the
department.
1. Above ground storage tanks.
2. Dry cleaners.
3. Pipelines (hazardous liquid transmission).
4. Auto repair shop (including oil/lube facilities).
5. Underuound storage tanks.
6. Gas stations.
7. Other land use types as determined by the director that may have the
90 Critical Areas
B. Requirements for critical aquifer recharge area reports.
1 An aquifer recharge area critical area report shall be prepared by a
qualified professional who is a hydrogeologist or engineer, who is licensed in the state
of Washington and has experience in preparing hydro -geologic 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 hydro eog logic
characteristics of the site including the surface location of all critical aquifer recharge
areas located on site or immediately adjacent to the site, and permeability of the
unsaturated zone based on available information.
information.
project area.
b. Ground water depth, flow direction and gradient based on available
c. Currently available data on wells and springs within 1,300 feet of the
d. Location of other critical areas, including surface waters, within
1,300 feet of the project area.
e. Available historic water quality data for the area to be affected by
the proposed activity.
f. Best management practices proposed to be utilized.
g. Historic water quality data for the area to be affected by the
proposed activity compiled for at least the previous five (5) year period based on
available information.
h. Ground water monitoring plan provisions.
i. Discussion of the effects of the proposed project on the groundwater
quality and quantity, including_
(1) Predictive evaluation of 2round water withdrawal effects.
(2) Predictive evaluation of contaminant transport based on potential
releases to ground water.
J. A spill plan that identifies equipment and/or structures that could fail,
resulting in an impact for construction pends and for general operating business
91 Critical Areas
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 recharEe 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 rechargingof f the
!Muifer.
2. The proposed activity must comply with the water source protection
requirements and recommendations of the federal Environmental Protection Agency,
state Department of Health, and the Seattle King County Health Department.
3. The proposed stormwater management facilities must be designed and
constructed in accordance with the King County Surface Water Design Manual as
adopted bythecity of Kent pursuant to KCC Chapter 7.07.
B. Specific uses.
1, Storage Tanks. All storage tanks proposed to be located in a cnthcal
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 storame facilities
proposed for use in the storage of hazardous substances or hazardous wastes shall be
designed and constructed so as to:
(1) Prevent releases due to corrosion or structural failure for the
operational life of the tank.
(2) Be protected against corrosion constructed of non -corrosive
material, steel clad with a non -corrosive material or designed to include a secondary
contamment system to prevent the release or threatened release of any stored
substances.
(3) Use material in the construction or lining of the tank that is
92 Critical Areas
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:
(1) Not allow the release of a hazardous substance to the ground,
ground waters, or surface waters.
(2) Have primary containment areas enclosing or underlying the
tank or part thereof.
(3) A secondary containment system either built into the tank
structure or a dike system built outside the tank for all tanks,
(4) All outside above ground storage tanks shall be covered to
prevent rainwater from filling secondary containment areas.
2. 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 rotects 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 rior 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 imectzon of reclaimed water. Water reuse projects for
reclaimed water must be in accordance with the adopted water or sewer comprehensive
plans that have been approved by the departments of Ecology and Health
a. Surface spreading must meet the ground water recharge criteria given
in Chapter 90.46.080 RCW and Chapter 90 46 010(10).
b. Direct injection must be in accordance with the standards developed
by authority of Chapter 90.46.042 RCW
93 Critical Areas
Sec. 11.06.800. Prohibited uses. The following activities and uses are
prohibited in critical aquifer recharge areas:
waste, special waste, woodwaste, and inert and demolition waste landfills.
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.
the treatment process to occur over permeable surfaces (both natural and manmade).
E. Storage, processing, or disposal of radioactive substances. Facilities that store
process, or dispose of radioactive substances.
F. Private wells. Any property within the city of Kent using a pnvate 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 irri atg ion purposes to prevent
potential cross -contamination issues.
1. All property currently with a private well, or within 200 -feet of a private
well, shall follow all conditions of the King County Board of Health Code 12.24.010 in
the design of the development of the property. Anyproposed development plans shall
show all private wells within 200 -feet.
G. Other uses. Activities that would significantly reduce the recharge to aquifers
currently or potentially used as a potable water source or activities that would
significantly reduce the recharge to aquifers that are a source of significant baseflow to
a regulated stream.
94 Critical Areas
SECTION S. — Amendment. Chapter 14.09 of the Kent City Code is
as follows:
Chapter 14.09
FLOOD HAZARD REGULATIONS*
See. 14.09.010. Dei"mitions.
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:
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.
Area of shallow flooding means the land within the floodplain where the base flood
depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the
path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.
Area of special flood hazard means the land within the floodplain which is subject to a
one (1) percent or greater chance of flooding in any given year.
Base flood means the flood having a one (1) percent chance of being equaled or
exceeded in any given year, also referred to as the one hundred (100) year flood.
Base flood elevation means the actual elevation (in mean sea level) of the water surface
of the base flood determined by the federal flood insurance administration or other
qualified person or agency as described in this chapter.
Critical facility means a facility for which even a slight chance of flooding might be too
great. Critical facilities include, but are not limited to: schools, nursing homes,
hospitals, police, fire and emergency response installations; and public and private
facilities which produce, use, or store hazardous materials or hazardous waste as
defined by State Department of Ecology.
95 Critical Areas
Development means any proposed or actual manmade changes to improved or
unimproved real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling operations located
within flood hazard areas and other site preparation activities.
Director means the director of the department of public works of the city.
Flood or flooding means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation of run-off of surface water from any
source.
Flood insurance rate map (FIRM) means the official map on which the federal flood
insurance administration has delineated both the special flood hazard areas and the risk
premium zones applicable to the community.
Flood insurance study means the official report provided by the federal insurance
administration that includes flood profiles, the flood boundary and floodway map, flood
insurance rate map, and the water surface elevation of the base flood.
Flood season means the period from November 1 to March 31 during which,
historically, the frequency, distribution and volume (inches of rainfall) of storms in the
Green River Basin have been the largest and all known major floods have occurred.
Floodplain means that portion of a river or stream channel and adjacent lands which are
subject to the base flood flooding.
Floodway means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one (1) foot.
Floodway fringe means that portion of a floodplain which is not floodway.
96 Critical Areas
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.
Manufactured home means a structure, transportable in one (1) or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For floodplain management
purposes the term "manufactured home" also includes park trailers, travel trailers, and
other similar vehicles placed on a site for greater than one hundred eighty (180)
consecutive days. For insurance purposes the term "manufactured home" does not
include park trailers, travel trailers, and other similar vehicles.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land
divided into two (2) or more manufactured home lots for rent or sale.
New construction means structures for which the "start of construction" commenced on
or after the effective date of this chapter.
Special flood hazard area means those land and water areas identified by the Federal
Insurance Administration in a report entitled "The Flood Insurance Study for King
County Washington and Incorporated Areas" dated September 30, 1989, with
accompanying pages on file with King County or the department of public works of the
city.
Start of construction includes substantial improvement, and means the date a building
permit was issued, provided the actual start of construction, repair, reconstruction,
placement or other improvement was within one hundred eighty (180) days of the
permit date. The actual start means either the first placement of permanent construction
of a structure on a site, such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation; or the
97 Critical Areas
placement of a manufactured home on a foundation. Permanent construction does not
include submission of an application for development, land preparation, such as
clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure.
Structure means a walled and roofed building including a gas or liquid storage tank that
is principally above ground.
Substantial improvement means any repair, remodeling, reconstruction, or
improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the
appraised fair market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration affects the
external dimensions of the structure. The term does not, however, include either:
a. Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which are necessary solely
to assure safe living conditions; or
b. Any alteration of a structure listed on the National Register of
Historic Places or a recognized state or local inventory of historic places.
See. 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
98 Critical Areas
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
floodwaters and the cumulative effect of obstructions in flood hazard areas which
increase flood heights and velocities. Uses inadequately floodproofed, elevated or
protected from flood damage or that otherwise encroach on the natural holding capacity
of the floodplain also contribute to the flood loss.
Sec. 14.09.030. Purpose.
It is the purpose of this chapter to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by enacting provisions designed to:
1. Protect life and property by preventing the hazardous use of flood -prone
lands;
2. Protect downstream or surrounding property from higher velocities or
higher flood levels which may be caused by loss of holding capacity in the floodplain;
3. Minimize turbidity and pollution from upstream or surrounding
development during a flood;
4. Minimize the expenditure of public money for remedial flood control
measures;
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
99 Critical Areas
to:
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,
1. Restrict, condition, or prohibit uses which are dangerous to health, safety
and property due to water or erosion hazards, or which result in damaging increases in
erosion, flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial development and
construction;
3. Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
4. Control filling, grading, dredging, and other development which may
increase flood damage; and
5. Prevent or regulate the construction of flood barriers which will
unnaturally divert flood- waters or which may increase flood hazards in other areas.
Sec. 14.09.050. Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the
jurisdiction of the city.
See. 14.09.060. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled "Flood Insurance
Study for King County, Washington and Incorporated Areas," dated June 16, 1995,
with accompanying flood insurance maps is hereby adopted by reference and declared
to be a part of this chapter as if stated verbatim. The flood insurance study is on file
and available for examination at the office of the department of public works.
100 Critical Areas
Sec. 14.09.070. Penalties for noncompliance.
No structure or land shall hereafter be developed, constructed, located,
extended, converted, or altered without full compliance with the terms of this chapter
and other applicable regulations. Violation of the provisions of this chapter by failure
to comply with any of its requirements (including violations of conditions and
safeguards established in connection with conditions) shall constitute a misdemeanor.
Any person who violates this chapter or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than five hundred dollars ($500) or
imprisoned for not more than one hundred eighty (180) days, or both, for each
violation, and in addition shall pay all costs and expenses involved in the case. Nothing
herein contained shall prevent the city from taking such other lawful action as is
necessary to prevent or remedy any violation.
Sec. 14.09.080. Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this chapter and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
Sec. 14.09.090. Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state
statutes.
Sec. 14.09.100. Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable
for regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights may be increased by
manmade or natural causes. This chapter does not imply that land outside the areas of
101 Critical Areas
special flood hazards 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.
Sec. 14.09.110. Green River flood control zone number 2.
All building and development within the boundaries of the Green River flood
control zone number 2 shall comply with all provisions of chapter 86.16 RCW and
chapter 508-60 WAC, the state flood control zone act and permit program regulations.
Sec. 14.09.120. Permits and licenses.
No permit or license for structures or the development or use of land shall be
issued by the city within a special flood hazard area unless approved by the director or
other designate. Such approval shall be based on a review of the provisions set forth in
this chapter and the technical findings and recommendations of city departments
including, but not limited to building, fire and planning departments. Compliance with
the provisions of this chapter does not obviate the need to obtain other permits which
may be required pursuant to state or federal law including but not limited to approvals
required from the United States Army Corps of Engineers and the State Departments of
Social and Health Services and Ecology relating to water and sewer systems which
ensure that water and sewer systems will be designed to avoid infiltration, inflow or
impairment.
Sec. 14.09.130. Procedural requirements.
City permits or licenses which relate to the development and use of land within
a flood hazard area or special flood hazard areas shall be referred to the department of
public works by the issuing department for approval. If it can be determined from
information at hand that the property does not lie in a special flood hazard area, the
issuing department may approve the permit or license directly. If it appears that the
property may lie in a special flood hazard area, the department of public works shall
102 Critical Areas
require its owner to submit information necessary to determine if in fact the property
lies within the floodway or floodway fringe. If it is determined that the property lies
within the floodway or floodway fringe, the applicant shall be required by the
department of public works 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 public works 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
public works may request additional applicant information, including the preparation
and submission of an environmental checklist under the State Environmental Policy
Act or a supplement thereto if already submitted to an issuing department. The director
or his designate shall, within a reasonable time, indicate approval or disapproval of the
requested permit or license; and if approved, the conditions of approval, in a letter to
the issuing department, with copies to the applicant, issuing department, commenting
departments, other agencies and other known parties of interest.
Sec. 14.09.140. Use of other base flood data.
In order to administer the provisions of this chapter when base flood elevation
data 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.
103 Critical Areas
and
a V f
13,; Maintain the fleedpfeefing eet4ifieatiems required of this ehapter,
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Sec. 14.09.150. Desisnation of Local Administrator.
The public works director or his/her designee is hereby appointed to administer
and implement this ordinance by grantingor denying development permit applications
in accordance with its provisions.
Duties of the administrator shall include, but not be limited to:
A. Permit Review.
1. Review all development permits to determine that the permit
requirements of this ordinance have been satisfied.
2. Review all permits to determine that all necessary permits have been
104 Critical Areas
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
that section 14.09.190 is enforced.
B. Use of Other Base Flood Data in (A and V Zones).
1. When base flood elevation data has not been provided (A and V Zones) in
accordance with KCC 14.09.060, the public works director or his/her designee shall
obtain, review and reasonably utilize any base flood elevation and floodway data
available from a Federal, state or other source to administer this title.
C. Information to be obtained and maintained.
1. Where base flood elevation data is provided through the Flood Insurance
Study, FIRM, or required as in section 14.09.220(1) (B), obtain and record the actual
elevation (in relation to mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures, and whether or not the structure contains a
basement.
2. For all new or substantially improved floodproofed structures where base
flood elevation data is provided through the Flood Insurance Study FIRM or as
required in 14.09.220 (1) (B):
a. Obtain and record the elevation ( in relation to mean sea level) to
which the structure was floodproofed: and
b. Maintain floodproofing certifications required pursuant to KCC
14.09.150 (2) (b)
c. Maintain for public inspection all records pertaining to the
provisions of this ordinance.
D. Alteration 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
105 Critical Areas
E. Interpretations ofFIRM boundaries.
Make interpretations where needed, as to exact location of boundaries of the
areas of special flood hazards (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). The person contesting the
location of the actual boundary shall be given reasonable opportunity to appeal the
interpretation as provided for in KCC 14.09.230.
Sec. 14.09.16-70. General standards.
In all areas of special flood hazards, the following standards are required:
1. Anchoring.
a. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement of the structure.
b. All manufactured homes must likewise be anchored to prevent
flotation, collapse or lateral movement, and shall be installed using methods and
practices that minimize flood damage. Anchoring methods may include, but are not
limited to, use of over -the -top or frame ties to ground anchors (reference FEMA's
"Manufactured Home Installation in Flood Hazard Areas" Guidebook for additional
techniques).
2. Construction materials and methods.
a. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
c. Electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities shall be designed and/or otherwise elevated or
located so as to prevent water from entering or accumulating within the components
during conditions of flooding.
3. Utilities.
a. All new and replacement water supply systems shall be designed to
inimize or eliminate infiltration of floodwaters into the system;
106 Critical Areas
b. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems and discharge from
the systems into floodwaters; and
c. Onsite waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
d. Proposed water wells shall be located on high ground that is not
located within a special flood hazard area.
4. Subdivision proposals.
a. All subdivision proposals shall be consistent with the need to
minimize flood damage;
b. All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and constructed to minimize
flood damage;
c. All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage;
d. Where base flood elevation data has not been provided or is not
available from another authoritative source, it shall be generated for subdivision
proposals and other proposed developments which contain at least fifty (50) lots or five
(5) acres (whichever is less); and
e. Subdivision approval should depict or state what portions of the
development are within special flood hazard areas.
5. Review of building permits. Where elevation data is not available either
through the flood insurance study or from another authoritative source, applications for
building permits shall be reviewed by both the issuing department and department of
public works to assure that proposed construction will be reasonably safe from
flooding. The test of reasonableness is a local judgment and engineering practices and
includes use of historical data, high-water marks, photographs of past flooding, etc.,
where available. Failure to elevate at least two (2) feet above grade in these zones may
result in higher insurance rates.
107 Critical Areas
Sec. 14.09.1780. Specific standards.
In all areas of special flood hazards where base flood elevation data has been
provided as set forth in KCC 14.09.060 or KCC 14.09.140, the following provisions are
required:
1. Residential construction.
a. New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated one (1) foot or more
above base flood elevation.
b. Fully enclosed areas below the lowest floor that are subject to
flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a registered professional engineer
or architect or must meet or exceed the following minimum criteria:
(1) A minimum of two (2) openings having a total net area of not less
than one (1) square inch for every square foot of enclosed areas subject to flooding
shall be provided.
above grade.
(2) The bottom of all openings shall be no higher than one (1) foot
(3) Openings may be equipped with screens, louvers, or other
coverings or devices provided that they permit the automatic entry and exit of
floodwaters.
2. Nonresidential construction. New construction and substantial
improvement of any commercial, industrial or other nonresidential structure shall either
have the lowest floor, including basement, elevated one (1) foot or more above the level
of the base flood elevation; or, together with attendant utility and sanitary facilities,
shall:
a. Be floodproofed so that below one (1) foot above the base flood
level the structure is watertight with walls substantially impermeable to the passage of
water;
b. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
108 Critical Areas
c. Be certified by a registered professional engineer or architect that the
design and methods of construction are in accordance with accepted standards of
practice for meeting provisions of this subsection based on their development and/or
review of the structural design, specifications and plans. Such certifications shall be
provided to the official as set forth in KCC 14.09.150(2).
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 floodproofmg nonresidential buildings shall be notified
that flood insurance premiums will be based on rates that are one (1) foot below the
floodproofed level (e.g., a building floodproofed to one (1) foot above the base flood
level will be rated as at the base flood level).
3. Critical facility. Construction of new critical facilities shall be, to the
extent possible, located outside the limits of the base floodplain. Construction of new
critical facilities shall be permissible within the base floodplain if no feasible
alternative site is available. Critical facilities constructed within the base floodplain
shall have the lowest floor elevated to three (3) feet or more above the level of the base
flood elevation at the site. Floodproofing and sealing measures must be taken to ensure
that toxic substances will not be displaced by or released into floodwaters. Access
routes elevated to or above the level of the base floodplain shall be provided to all
critical facilities to the extent possible.
4. Manufactured homes. All manufactured homes to be placed or
substantially improved within zones Al -30, AH, and AE on the community's FIRM
shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is one (1) foot or more above the base flood elevation; and be
securely anchored to an adequately anchored foundation system in accordance with the
provisions of KCC 14.09.16-70 (1)(b).
5 Recreational Vehicles. Recreational vehicles placed on sites are required
to meet all applicable provisions of Kent City Code. If allowed by code, recreational
vehicles are required to either:
a. Be on-site for fewer than 180 days;
109 Critical Areas
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 14.09.160(1) above and the elevation and
anchoring requirements for manufactured homes.
6. Drainage around structures Adequate drainage paths are required
around structures on slopes to ode waters around and away from proposed structures.
Sec. 14.09.1890. Floodways.
Within the floodway of the areas of special flood hazard, the following
provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered professional
engineer or architect is provided demonstrating that encroachments shall not result in
any increase in flood levels during the occurrence of the base flood discharge.
2. Construction or reconstruction of residential structures is prolubited
within designated floodways, except for: repairs, reconstruction, or improvements to a
structure which do not increase the ground floor area; and repairs, reconstruction or
improvements to a structure, the cost of which does not exceed fifty (50) percent of the
market value of the structure either, before the repair, reconstruction, or repair is
started, or if the structure has been damaged, and is being restored, before the damage
occurred. Work done on structures to comply with existing health, sanitary, or safety
codes or to structures identified as historic places shall not be included in the fifty (50)
percent determination.
3. If subsection (1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
KCC 14.09.170.
110 Critical Areas
Sec. 14.09.190M. 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 byl
both issuing departments and department of public works for their possible impacts on
wetlands located within the floodplain.
2. Development activities in or around wetlands shall not negatively affect
public safety, health, and welfare by disrupting the wetlands' ability to reduce flood
and storm drainage.
3. Assistance from the United States Army Corps of Engineers or State
Department of Ecology shall be sought in identifying wetland areas.
Sec. 14.09.2008. Standards for shallow flooding areas (AO zones).
Shallow flooding areas appear on FIRM's as AO zones with depth designations.
The base flood depths in these zones range from one (1) to three (3) feet above ground
where a clearly defined channel does not exist, or where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is usually
characterized as sheet flow. In these areas, the following provisions apply:
1. 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 (1) foot or more above the depth number
specified on the FIRM (at least two (2) feet if no depth number is specified).
2. New construction and substantial improvements or nonresidential
structures within AO zones shall either:
a. Have the lowest floor (including basement) elevated above the
highest adjacent grade of the building site, one (1) foot or more above the depth number
specified on the FERM (at least two (2) feet if no depth number is specified); or
b. Together with attendant utility and sanitary facilities, be completely
flood- proofed to or above that level so that any space below that level is watertight
with walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads and
111 Critical Areas
effects of buoyancy. If this method is used, compliance shall be certified by a
registered professional engineer or architect as in KCC 14.09.180(2).
3. Require adequate drainage paths around structures on slopes to guide
floodwaters around and away from proposed structures.
Sec. 14.09.21028. Appeals.
The decision of the department of public works to approve condition or
disapprove a permit or license in a flood hazard area may be appealed to the land use
hearing examiner. The requested permit or license shall not be issued by a city
department during the appeal period. The following procedures apply to appeals for the
decision of the department of public works to approve, condition or deny proposals
within a flood hazard area:
1. Written notice of appeal shall be filed with the department of public
works within ten (10) days from the date of the decision which aggrieves the appealing'
party. A fee of twenty-five dollars ($25) shall be paid at the time of filing the written
appeal. The appeal will not be accepted unless accompanied by full payment.
2. All notices of appeal shall state in full the decision appealed and the
reasons why the appealed decision should be reversed or modified.
3. All appeals so filed shall be heard by the hearing examiner and a
determination by the examiner made within thirty (30) days from the closing date of the
hearing.
4. At least seven (7) days before the appeal hearing, the department of
public works will provide the hearing examiner, the appellant, and any other person
expressing written interest in the application or appeal a copy of the decision which is
being appealed.
5. In passing upon such applications, the hearing examiner shall consider
all technical evaluations, all relevant factors and standards and the criteria specified in
this chapter and applicable state regulations.
6. The hearing examiner shall prepare a written report and decision
containing findings and conclusions which show how its decision implements the
112 Critical Areas
purposes of this chapter and is consistent with the criteria, standards, and limitations of
this chapter.
7. The decision of the land use hearing examiner shall be final and
conclusive unless, within fourteen (14) calendar days from the date of the hearing
examiner's decision, an aggrieved party obtains a writ of certiorari from superior court
for the purpose of review of the action taken.
Sec. 14.09.220. Variances.
Variances shall be completed in accordance with those provisions identified in
the City of Kent Critical Area Regulations found in Kent City Code Title 11.
SECTION 6. - Repeal. Section 15.08.220 of the Kent City Code,
"Water quality and hazard area development — Purpose," is repealed as follows:
SECTION 7. - Reseal. Section 15.08.222 of the Kent City Code,
"Same — Map — Conflicting provisions," is repealed as follows:
113 Critical Areas
SECTION 8. - Repeal. Section 15.08.224 of the Kent City Code,
"Same — Classifications and restrictions," is repealed as follows:
Sec. 15.08.224. Same — Classifications and restrictions.
a. Slepes fifteen (15) peFeel te twenty five (25) 7"0
b. Slepes fifteen (15) peI to twenvy five (25) 7"0
i
6. Slopes fifteen (15) peMenA to twei-Ay five (25) 7"0
d. SeveiAy five (75) to one hundfed fifty (150) -30%
114 Critical Areas
Exam la of dwolopment
ard50' from a ilaake ,
a. Slopes fifteen (15) per-een4 to tweilty five (25) 2 -OA
elass 2 seisfnie 7 ,] elass 2 erosion t a
115 Critical Areas
Of
b. cl....es a.woo., (, c) a e...... ..,>e„+., f..o (?s)
per-ee..t together with eless 1 slide and slippage and
f
6. cl....e.. 4,..e,,... Q..e !75\ a e... .,. f ,.+., /An\
2%
f
t 0O
6. All r
of
"0
116 Critical Areas
76 setback from
the top of a ravine
76 Top Top 76
i
e. Fifty (50) feet sethaek frem the or-diamy high
water- fnEffk of any major- ereek�,ff
fTwetAy five MG\ F e4 ..e♦I.....L fr-ef the e...7;«......
f
117 Critical Areas
23' Setback 60, Setback
from a minor from a major
creek creek
Ir
� r
N
sa
T -eft (10) feet sethaek ffem the top of any drainage 80
dslr; e
junique and areasntt�aa i defined t a �°o
rxx
118 Critical Areas
Valley Peer-
approved by eity eouneil
Studies,
� � . eiTari!Ers!�i'ssil!feelfes!ss!t�sra
_ e>�r_trey!!ee!r_ss!r_�r.♦ssna!�e�!l��sa�.r.�S:,Tsrr�s!!,Gt'a
.«re.F.«e with .p;:i:se.
development,
a site s"ee;Fe
plan, refcffed to in s wet'rorao
plan,
r-egulatiefis.
>shall
be prepared,
rnvirau�
Prior- to the ; e of aaJ Y 't> R> building, 1 ..i;., ...aerog, ..t
119 Critical Areas
e .,l..t:«.. Aeyele..f .t e.and..ltef tons to these sensitive a e ..> the e:ty seeks te.
ifteluding wildlife and its >
availability, > wetlands, and stFoams;
of the publ:e : el..a.. bet t 1....,tea to
8. Aleft 3338�i31i8iS Orcxro '�> cin�c-rnirrcoa cv-upprniovi."r,
120 Critical Areas
meas; a��
1111111 11111111111111111111111111111!11111111,1111ll�11:111
ISOETlf_�5!R_
OR
121 Critical Areas
r
Y.
121 Critical Areas
r
121 Critical Areas
publie works t r-estnetive r-egWeAten than eity wide standards afford, i
wedand,of ethef sensitive
bovines,
M,17,77 T
■ImpMr."
genefa4ly be Imeeable; w-hefe the
edge ef
vogetatien mists alefig the bank in the same
PI
PVTIRTT M.
high water- is t same as the line of
wedand,of ethef sensitive
bovines,
M,17,77 T
feet in > and theA livesteek eafmot push it ever,
genefa4ly be Imeeable; w-hefe the
edge ef
vogetatien mists alefig the bank in the same
leepAien fr-em year- to at
line F mean
high water- is t same as the line of
feet in > and theA livesteek eafmot push it ever,
, .
122 Critica[Areas
deseending order-
eet4ain t' ef
of pr-efermee: (1) FAreiding
..t of a et:e«) .« M\
the
a
impae4 altogether
the et by li«+:ti,,..
by net taking a
tl11.L 4V.le bl V V eV e eF
takingaFC..ati.e
aetiens to avoid er-
e„o
eta; /2\ eet:F.l«b
the .:Yae.t .,
j
)
eliminating the impaet
time b
ever. pr -e
e ..
at;e
area;
«4at:,
e operations
CTJ «b of
.. ,7..
«b the
life ef the pfejeet
f
)
f
and ineludes gathering baseline dat&
AFatA,e growth Igmteeken area means an afea whose amive gFewth is pr-eteeted fr-efn
V-9mm Pill
bed a«.7 banks of a st..ea.« a «.7 a ee«ta:«:«.. where the «r-esenee ....1 ,...ti..... e
123 Critical Areas
Ir P�JMPIT7.1
E!!'l151AMP.T. m!rww.gflr• E!'ZT.S!!��FSS!!!TS'is�l:!!!1tf!BSltlif!�-'!:f"!![!S!!*:'iR!f6'l�.f!llfL5!l7TS!7TSlT
It;" iTl!!TfiT.!!f!1!f!4.'fii7!!!f.
D..Ah., .. nl:tival
. w.,.....��.1�y ��_� �:. a ....
subdivision,
� ,.
«it eF level
e
.. ent eF
this state ineluding but not limited te mtmieipal
513eBie I include the—GWaeek,
Gehe,
> speeial puMese
distriets,
and _lee lser_v_iee_distr_ieta any ageney eFthe
etete the
United
Stete ef st
to tl.e F•
Sahmemid means a
membef of the
fish family
Sahmodiae.
In King
County, salmoni
513eBie I include the—GWaeek,
Gehe,
el,...«,
fishes, wildlife
eke and pink salfaen;
-eutthfeai,
«l.e... 1.,-e....., t..e.,t
1K111VV• � V1V Y.1
white fish.
and steell.ead•
Deily
,
Va..,le«
1.,- k tfe t t,
, ,
kekanee d
,an
hazards,
. these
land F affect ...t.ie1
suppe..t unique, f.a,.il,
er-valuable
t 1
ehabitat«el..di«..b
fishes, wildlife
and ether- atheir-
«d
habitat
a».1 e
resewees
e in
, hold or- pufify
water, Sensitive
afeas
>eeal
fnifte hazafd
areas,
areas,landslide hazard
seismie hazard
>steep slopeewetlands,
floe
hazafd
e
safety and
..e11:...e
,
124 Critical Areas
�
r , a i t�, ..
u Cf[aDTaocun�u aaxvmro cnvov oa.o+�:S xi3Fei3tBiie� 3S Sh8i8lf338S 8f the
'r NaMprm�2
Tnnr of bank meansthatY > b slope,
J
1,
t
ti the t
,
slope ef less than fifteen (!5) per-eePA; this
the bank or- slope:
is usual4y
a line
easily
seen while obsefvin
125 Critical Areas
mark as iderAified in the field >if that eamet be detefmined,
following ffem the top of the bank.
twepAy five (25) feet ef the tee ef slepes gfea4er- to [them] or- equal than [te] fifteen (IS)
Pef-Gent, the
minimum bugem shall be pr-eN4dedi
126 Critical Areas
the minimum bu&F fer- thM stmam elass, the buffer- sh-all extend to a peint twenty five
(viii)- Any stFeam icor ,7, fel,,,,Med e. laee.i of enhaneed
(3' The difeetof may —authe ize- buffer- -am g' , ^"„
r zsi
based on the best available, past and present infimmation gathered by the eity, its -
127 Critical Areas
or- management ef heizar-dous wastes, ofitiroal fish and wildlife habitat, and the leen
app~ b sA .«;+:....,+:..« plans, «t.,«.., may «A beallowedallowedallowed«l.. if they meet the F 11
sahmenidsj
unless ne other- possible er-essing site existsi,
128 Critical Areas
iiwxwr�wrMwUr��w��
em- www�MM"rm
app~ b sA .«;+:....,+:..« plans, «t.,«.., may «A beallowedallowedallowed«l.. if they meet the F 11
sahmenidsj
unless ne other- possible er-essing site existsi,
128 Critical Areas
em- www�MM"rm
app~ b sA .«;+:....,+:..« plans, «t.,«.., may «A beallowedallowedallowed«l.. if they meet the F 11
sahmenidsj
unless ne other- possible er-essing site existsi,
128 Critical Areas
INri►T4. !L'fI
!A\ Class 1 n4«eams of bltebtA elass 2 and ..lass 1
lel e re..e.7)
129 Critical Areas
they meet all feqttir-emen�s,
and
are approved
by all ageneies with juAsdietion. For- an)
viv„u1 aubzia and n qualified
.:ele..st)
41a4.
129 Critical Areas
_ !'esrse!frrrr..mrrsseea� _ _ _
r_e:erafr _
Al
. ...
130 Critical Areas
•
used in lieu ef str-eafn er-essings; pfevided, that piefs and abutments shall net be plaeed-
1It
♦,
..ii.r-ithe e.-.-inary high
.ig . .ete f mark er top of
1 ank, �. yAiieeve« is ....vote.. l
(i) bivesteek feneing shall be wed to establish and maintain all
•11 �
131 Critical Areas
d lands
and new
l"1 areas,
spesified s
!..\ The gazing e.. 1.n FF . Fr- elass 1 .,n.7 elass 2 s4fe ms with
(vii)line;provided,
mm ENT -Mr -R. -In
132 Critical Areas
u«1:ax fxexa ,ete«1 buffer-, t1e ordinary 1:.1..te.ma-k of . stream
,
d tel. to whieh the topography .,1.7 .7,..e..t runoff G.« h «.
generally «. oethe e
a. 0-iteria. The planning dir-eeter-, t.«, an e e «tie« r
133 Critical Areas
and
less impaet on the sensitive aFeas; an
the ..est fietiye ..4ie..t shall apply.
a arbulCode, e „1
and dir-eeted to ee€ei-ee-all of the pr-evisiens effie slfea-bu€€er
planning dir-eetef shoAl also have the pewof to r-endef intefpr-etations
.+,] .l..t; f;. the standards f d„ to ela f f: the
KLL4 1VYu N1Ni1V.�1+aLV 1V1 Yl1VVV standards 111 VaaaVl�
eiFiSi )ns. heplaming di£eet@i's-i$tvrpioivaens, r-eulaciefts,
regulations. The
and to adopt fules
pl ..t. ef' these
heweivr
i:ules and
shall be in eomfeffnanee with the ifAien4 and pwpese of these s4feam
and shall be in vaiting.
buffiff standards
134 Critical Areas
neeessaF HeweveF, ", @H}eadmen4s-to the-appeadioes "shah raen efm with the m4ciit
rsa+v
ii
1
F*BI.
�K
k.. J41
ff
:�e naat''S
135 Critical Areas
----------------
SECTION 9. - Amendment. Section 15.08.260 of the Kent City Code,
"Green River Corridor special interest district regulations," is amended to read
follows:
Sec. 15.08.260. Green River Corridor special interest district regulations.
A. Purpose. The Green River Corridor special interest district is hereby created to
protect, conserve, and manage areas generally located on both sides of the Green River,
and to ensure that urban development within the district is compatible with the open
natural configuration of the Green River and its adjacent lands.
B. Location.
1. The Green River Corridor special interest district is that area of the city
one thousand (1,000) feet from the ordinary high-water line of the Green River;
provided that the shoreline master program shall govem development within the first
two hundred (200) feet of the ordinary high-water line of the river. The district is more
particularly described as follows:
136 Critical Areas
Two (2) strips of land each eight hundred (800) feet in width which begin at the north
city limit line, on March 4, 1985, and end at the south city limit line, which south line
ends in Section 30, Township 22 North, Range 5 East, W.M. Each strip shall be
measured from each side of the Green River and the measurement shall be two hundred
(200) feet from the ordinary high-water line of the river, all in King County,
Washington; except any portions thereof lying outside of the city limits.
This .1' tri ♦ 1. 11 1 inelade uniquebeyondn fragile e
s thete one 41.,.,,. and
000) feet eeffider. The strips of land deser-ibed to this subseetieft and the unique an
s
the .1'nanee Gefa 1.' h this seet' is .1 .1 as L'.,hibit A and by tWs reF
Fated in this seetiep�.
2. Property exemption. Property platted in accordance with the city
subdivision code, Ordinance No. 1840, before March 2, 1981 (adoption of the Valley
Studies), shall be exempt from the provisions of this section.
i. Ereated. There is hereby ereated ^ unique and Gegile ever -lay zone he
1.. et: and be ...le eF the to be kno n fiagile areas ele T
rovcccxe" "�-�a�x-caav=ceixc-cv div areas, .....�� .,
s
Exhibit
e A.
lie within a Flee.l „trel distr:et anda e ei f e,.11y ,lesign.l Fl
teee.7.,.ays er Flee,7,, a
13V
and ftagile
I
137 Critical Areas
CO. Development standards.
1. Green River access. No building or lot within the district shall be
constructed or created without providing access to the Green River via public sidewalks
or a private trail system. Such sidewalks or private trail systems shall connect to
riverside public trails or scenic drives at intervals of one thousand (1,000) feet or less in
industrial developments, and intervals of five hundred (500) feet or less in residential
developments.
2. Pedestrian access in residential development. In residential
developments, pedestrian access to the Green River shall be accomplished without
crossing streets or roads, except scenic and recreational roads, unless clearly shown to
be infeasible.
3. Parking facilities. Parking facilities for access to the Green River shall
be located as near as practicable to nverfront parks or historic sites and shall be
clustered in lots not exceeding thirty (30) cars. Every public parking area shall be
visible from a street accessible to the public and be situated so that the public can
clearly see riverfront open space and gain access to the public portion of that open
space.
4. Payment in lieu of parking facilities. The city may accept or require
payment in lieu of providing parking facilities which are required as a condition of the
issuance of development permits.
5. Loading dock location. Loading docks shall not be constructed on river -
facing sides of buildings unless a minimum fifty (50) foot buffer of native vegetation is
provided to screen the loading docks from the shoreline, unless otherwise required by
the Kent shoreline master program. Other design and landscaping requirements may be
138 Critical Areas
imposed by the planning manager to meet the purpose of the Green River corridor
special interest district.
6. Building height. Buildings located outside the two hundred (200) foot
shoreline management zone but within the district shall not exceed thirty-five (35) feet
in height.
7. Exterior walls of buildings. No building on any riverfront lot shall have
an exterior wall parallel to, or within forty-five (45) degrees of parallel to, the river
which exceeds two hundred (200) feet in length, except as follows: buildings on
riverfront lots in the MA, M1, M1 -C, M2, and M3 zoning districts may have exterior
walls parallel to, or within forty-five (45) degrees of parallel to, the river which exceed
two hundred (200) feet in length, provided they are screened by a vegetative buffer per
KCC 15.08.260(CD)(9)(c).
8. Lots.
a. Each riverfront lot within a subdivision shall contain area sufficient
to comply with minimum lot size requirements of Ch. 15.04 KCC and provide a public
access easement and building setback line as required by this section.
b. No subdivision of professional and office (0), general commercial
(GC), industrial agricultural (MA), industrial park (M1), and limited industrial (M2)
zoned land shall be approved unless each lot within the subdivision has an upland
boundary at least five hundred (500) feet from the ordinary high-water line of the river.
9. Vegetation buffer.
a. A permanent vegetation buffer, in accordance with KCC
15.07.050(C) pertaining to landscaping type III, shall be maintained or established for
each building or use within the district. Any materials storage yard, truck maneuvering
area, equipment parking area, junkyard, refuse storage, or similar use within the district
shall install such a permanent vegetative buffer between the use and the Green River
139 Critical Areas
within two (2) years of the effective date of the ordinance from which this section is
derived.
b. Landscape screening and buffer strips shall be planted in order to be
harmonious with those already planted on adjacent properties and consistent with the
city landscaping requirements as set out in Ch. 15.07 KCC.
c. Buildings on riverfront lots in industrial zoning districts which have
exterior walls exceeding two hundred (200) feet in length parallel to, or within forty-
five (45) degrees of parallel to, the river, must be screened by a vegetation buffer. This
vegetative buffer shall be located along the length of the property line located parallel
to, or within forty-five (45) degrees of parallel to, the river, for a minimum depth of
twenty (20) feet in accordance with type III, visual buffer landscape standards pursuant
to KCC 15.07.050(C). In addition, an earth berm of a minimum of forty-eight (48)
inches in height must be provided for.
10. Rail lines. No rail lines shall be permitted within five hundred (500) feet
of the Green River; provided, however, rail lines shall be permitted to within three
hundred (300) feet of the Green River in those locations specified on Exhibit B attached
to the ordinance from which this section is derived and by this reference incorporated in
this section, such locations having been found to be best suited to rail.
11. Road access. All new lots and buildings shall be designed with primary
street access to streets other than scenic and recreational roads, unless no other access is
available.
12. Street connections. Development shall include no street connections to
scenic and recreational roads, unless no other access is available.
13. Utilities. Utilities shall be installed in accordance with Ch. 7.10 KCC.
14. Surface drainage facilities. Surface drainage facilities such as drainage
channels and retention areas shall be designed to applicable city standards and shall be
140 Critical Areas
integral parts, if possible, of any common trail and open space system connections to
the riverfront.
DB. Performance standards.
1. Fish and game requirements. The applicant shall comply with I
applicable requirements of the State Department of Fisheries and State Department of
Game for preventing and mitigating adverse impacts on fish and wildlife resources and
enhancing wildlife habitat.
2. Flood control works. If city funds are used in the construction of flood
control works such as dikes, levees, or floodwalls, public rights of access to such works
shall be dedicated prior to construction, where practicable.
SECTION 10. - Amendment. Section 15.08.400 of the Kent City Code, entitled
"Planned unit development, PUD," is amended to read as follows:
Sec. 15.08.400. Planned unit development, PUD.
The intent of the PUD is to create a process to promote diversity and creativity in site
design, and protect and enhance natural and community features. The process is
provided to encourage unique developments which may combine a mixture of
residential, commercial, and industrial uses. The PUD process permits departures from
the conventional siting, setback and density requirements of a particular zoning district
in the interest of achieving superior site development, creating open space, and
encouraging imaginative design by permitting design flexibility. By using flexibility in
the application of development standards, this process will promote developments that
will benefit citizens that live and work within the city.
A. Zoning districts where permitted. PVDs are permitted in all zoning districts
with the exception of the A-10, agricultural zone; provided, however, that PUDs in SR
zones are only allowed if the site is at least one hundred (100) acres in size, except as
provided in subsection (C) of this section.
141 Critical Areas
B. Permitted uses.
1. Principally permitted uses. The principally permitted uses in PUDs
shall be the same as those permitted in the underlying zoning classifications except as
provided in subsection (B)(4) of this section.
2. Conditional uses. The conditional uses in PUDs shall be the same as
those permitted in the underlying zoning classification. The conditional use permit
review process may be consolidated with that of the PUD pursuant to procedures
specified in subsection (F) of this section.
3. Accessory uses. Accessory uses and buildings which are customarily
incidental and subordinate to a principally permitted use are also permitted.
4. Exceptions. In residential PUDs of one hundred (100) acres or more
located in SR zones, and in residential PUDs of ten (10) acres or more located in other
zoning districts, commercial uses may be permitted. Commercial uses shall be limited
to those uses permitted in the neighborhood convenience commercial district. In PUDs
of one hundred (100) acres or more in size located in SR zones, attached dwelling units
are permitted only if they are condominiums created in accordance with the
Washington Condominium Act, Chapter 64.34 RCW; provided, that if a proposed PUD
in a single-family zoning district includes such attached condominiums, the density
bonus provisions outlined in subsection (D) of this section shall not apply, and further
provided that no condominium building may exceed two (2) stories.
C. Development standards. The following development standards are minimum
requirements for a planned unit development:
1. Minimum lot size exclusion. The minimum lot size requirements of the
districts outlined in this title shall not apply to PUDs.
142 Critical Areas
2. Minimum site acreage. Minimum site acreage for a PUD is established
according to the zoning district in which the PUD is located, as follows:
Zones
Minimum
Site Acreage
Multifamily (MR -D, MR -G, MR -M, MR -H, MRT 12, None
MRT 16)
Commercial, office and manufacturing zones None
SR zones (SR -1, SR -2, SR -3, SR -4.5, SR -6, SR -8) 5 acres
consisting entirely of detached single-family
dwellings as defined in KCC 15.02.115
SR zones (SR -1, SR -2, SR -3, SR -4.5, SR -6, SR -8) 0 acres
consisting entirely of detached single-family
dwellings as defined in KCC 15.02.115 and if
nrovidina increased wetland buffers oursuant to KCC
1• •11 OD
SR zones (SR -1, SR -2, SR -3, SR -4.5, SR -6, SR -8) not 100 acres
comprised entirely of detached single-family
dwellings as defined in KCC 15.02.115
3. Minimum perimeter building setback. The minimum perimeter building
setback of the underlying zone shall apply. Multifamily transition area requirements
shall apply to any multifamily developments (as provided in KCC 15.08.215), except
where specifically exempted by administrative design review (as provided in KCC
15.09.045). The hearing examiner may reduce building separation requirements to the
minimum required by the building and fire departments according to the criteria set
forth in subsection (F)(1) of this section. If an adjacent property is undevelopable
under this title, the hearing examiner may also reduce the perimeter building setback
requirement to the minimum standards in the city building and fire codes.
4. Maximum height of structures. The maximum height of structures of the
underlying zone shall apply. Multifamily transition area requirements shall apply to
any multifamily developments (as provided in KCC 15.08.215) except where
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specifically exempted by administrative design review (as provided in KCC
15.09.045). The hearing examiner may authorize additional height in CC, GC, DC,
CM, Ml, M2 and M3 zones where proposed development in the PUD is compatible
with the scale and character of adjacent existing developments.
5. Open space.
a. The standard set forth in this subsection shall apply to PUD
residential developments only. Each PUD shall provide a minimum of thirty-five (35)
percent of the total site area for common open space. In mixed use PUDs containing
residential uses, thirty-five (35) percent of the area used for residential use shall be
reserved as open space.
b. For the purpose of this section, open space shall be defined as land
which is not used for buildings, dedicated public rights-of-way, traffic circulation and
roads, parking areas, or any kind of storage. Open space includes but is not limited to
privately owned woodlands, open fields, streams, wetlands, severe hazard areas,
landscaped areas, trails through parks and sensitive areas (not including required
sidewalks), gardens, courtyards or lawns. Common open space may provide for either
active or passive recreation.
c. Open space within a PUD shall be available for common use by the
residents, tenants or the general public, depending on the type of project.
6. Streets. If streets within the development are required to be dedicated to
the city for public use, such streets shall be designed in accordance with the standards
outlined in the city subdivision code and other appropriate city standards. If streets
within the development are to remain in private ownership and remain as private
streets, the following standards shall apply:
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a. Minimum private street pavement widths for parallel parking in
residential planned unit developments. Minimum private street pavement widths with
and without parallel parking in residential planned unit developments are as follows:
No
Parking
(feet)
One-way streets 20
Two-way streets 22
Parking Parking
One Side Both Sides
(feet) (feet)
29 38
31 40
The minimum widths set out in this subsection may be modified upon review and
approval by the city fire chief and the city traffic engineer providing they are sufficient
to maintain emergency access and traffic safety. A maintenance agreement for prvate
streets within a PUD shall be required by the hearing examiner as a condition of PUD
approval.
b. Vehicle parking areas. Adequate vehicular parking areas shall be
provided. Vehicular parking areas may be provided by on -street parking or off-street
parking lots. The design of such parking areas shall be in accordance with the
standards outlined in Ch. 15.05 KCC. In single-family PUDs, parking shall be
provided at a ratio of 1.8 parking stalls per dwelling unit; garages are excluded from the
parking circulation. The planning manager may recommend for hearing examiner
approval additional parking based upon site design and project land uses; the
recommendation may include a requirement for on -street parking.
c. One-way streets. One-way loop streets shall be no more than two
thousand (2,000) feet long.
d. On -street parking. On -street parking shall be permitted. Privately
owned and maintained "no parking" and "fire lane" signs may be required as
determined by the city traffic engineer and city fire department chief.
7. Pedestrian walkways. Pedestrian walkways shall be provided to connect
residences to public walkways and streets and shall be constructed of material deemed
to be an all-weather surface by the public works director and planning manager.
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8. Landscaping.
a. Minimum perimeter landscaping of the underlying zone shall apply.
Additional landscaping shall be required as provided in Ch. 15.07 KCC and KCC
15.08.215.
b. All PUD developments shall ensure that parking areas are integrated
with the landscaping system and provide screening of vehicles from view from public
streets. Parking areas shall be conveniently located to buildings and streets while
providing for landscaping adjacent to buildings and pedestrian access.
c. Solid waste collection areas and waste reduction or recycling
collection areas shall be conveniently and safely located for onsite use and collection,
and attractively site screened.
9. Signs. The sign regulations of Ch. 15.06 KCC shall apply.
10. Platting. If portions of the PUD are to be subdivided for sale or lease,
the procedures of the city subdivision code, as amended, shall apply. Specific
development standards such as lot size, street design, etc., shall be provided as outlined
in subsection (E) of this section.
11. Green River Corridor Any development located within the Green
River corridor special interest district shall adhere to the Green River corridor special
interest district regulations.
12. View regulations. View regulations as specified in KCC 15.08.060 shall
apply to all PUDs.
13. Shoreline master program. Any development located within two
hundred (200) feet of the Green River shall adhere to the city shoreline master program
regulations.
14. Design review. PVDs shall be subject to administrative design review in
KCC 15.09.045. PUDs of only single-family detached residences shall be evaluated
using the review criteria of KCC 15.09.045(C), multifamily design review.
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D. Density bonus standards. The density of residential development for PUDs will
be based on the gross density of the underlying zoning district with density bonuses
allowed as described below. PLDs under twenty (20) acres in size located in SR zones
shall not be allowed density bonuses except as provided by (13)(8), below. For all other
PVDs, the hearing examiner may recommend a dwelling unit density not more than
twenty (20) percent greater than that permitted by the underlying zone upon findings
and conclusions that the amenities or design features which promote the purposes of
this subsection, as follows, are provided:
1. Open space. A four (4) percent density bonus may be authorized if at
least ten (10) percent of the open space is in concentrated areas for passive use. Open
space shall include significant natural features of the site, including but not limited to
fields, woodlands, watercourses, and permanent and seasonal wetlands. Excluded from
the open space definition are the areas within the building footprints, land used for
parking, vehicular circulation or rights-of-way, and areas used for any kind of storage.
2. Active recreation areas. A four (4) percent density bonus may be
authorized if at least ten (10) percent of the site is utilized for active recreational
purposes, including but not limited to jogging or walking trails, pools, children's play
areas, etc. Only that percentage of space contained within accessory structures that is
directly used for active recreation purposes can be included in the ten (10) percent
active recreation requirement.
3. Stormwater drainage. A two (2) percent density bonus may be
authorized if stormwater drainage control is accomplished using natural onsite drainage
features. Natural drainage features may include streams, creeks, ponds, etc.
4. Native vegetation. A four (4) percent density bonus may be authorized
if at least fifteen (15) percent of the native vegetation on the site is left undisturbed in
large open areas.
5. Parking lot size. A two (2) percent density bonus may be authorized if
off-street parking is grouped in areas of sixteen (16) stalls or less. Parking areas must
be separated from other parking areas or buildings by significant landscaping in excess
of type V standards as provided in KCC 15.07.050. At least fifty (50) percent of these
parking areas must be designed as outlined in this subsection to receive the density
bonus.
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6. Mixed housing types. A two (2) percent density bonus may be
authorized if a development features a mix of residential housing types. Single-family
residences, attached single units, condominiums, apartments and townhomes are
examples of housing types. The mix need not include some of every type.
7. Project planning and management. A two (2) percent density bonus
may be granted if a design/development team is used. Such a team would include a
mixture of architects, engineers, landscape architects and designers. A
design/development team is likely to produce a professional development concept that
would be consistent with the purpose of the zoning regulations.
8. Increased wetland buffer widths. A ten (10) percent density bonus may
be granted for a wetland buffer that is increased by twenty-five (25) feet. A twenty
(20) percent density bonus may be granted for a wetland buffer that is increased by
fifth) feet. All other requirements of the PUD standards shall apply.
These standards are thresholds, and partial credit is not given for partial
attainment. The site plan must at least meet the threshold level of each bonus standard
in order for density bonuses to be given for that standard. In no case shall any of the
density bonus provisions be combined to create a total bonus greater than twenty (20)
percent.
E. Master plan approvals. The master plan process is intended to allow approval
of a generalized, conceptual development plan on a site which would then be
constructed in phases over a longer period of time than a typical planned unit
development. The master plan approval process is typically appropriate for
development which might occur on a site over a period of several years, and in phases
which are not entirely predicable.
1. Submittal requirements. The distinguishing characteristic between a
master plan development application and a planned unit development application is that
a master plan development proposal is conceptual in nature. However, the master plan
application shall provide sufficient detail of the scope of the development, the uses, the
amount of land to be developed and preserved, and how services will be provided. The
specific submittal requirements are noted below:
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a. A written description of the scope of the project, including total
anticipated build -out (number of units of residential, gross floor area for commercial),
and the types of uses proposed;
b. A clear vicinity map, showing adjacent roads;
c. A fully dimensional site plan, which would show the areas upon
which development would occur, the proposed number of units or buildings in each
phase of the development, the areas would be preserved for open space or protection of
environmentally sensitive features, and a generalized circulation plan, which would
include proposed pedestrian and bicycle circulation;
d. A generalized drainage and stormwater runoff plan;
e. A site map showing contours at not greater than five (5) foot
intervals and showing any wetlands, streams, or other natural features;
f. A description of the proposed phasing plan;
g. Documentation of coordination with the Kent school district;
h. Certificates of water and sewer availability;
i. Generalized building elevations showing the types of uses being
proposed.
2. Density. The gross density of a residential master plan project shall be
the same as the density allowable in the underlying zoning district.
3. Open space. The criteria in subsection (C)(5) of this section shall apply.
4. Application process. The application process for a master plan
application shall be as outlined in subsection (F) of this section.
5. Review criteria. The review criteria for a master plan application shall
be the same as those outlined in subsection (G) of this section.
6. Administrative approval of individual phases. Once a master site plan
PUD has been approved pursuant to subsection (F) of this section, any individual phase
149 Critical Areas
of the development shall be reviewed and approved administratively, as outlined in Ch.
15.09 KCC; provided, that for each phase of development that includes a residential
condominium, the applicant shall submit a copy of the condominium declaration'
recorded against the property, and as outlined in RCW 64.34.200.
7. Time limits. The master plan approved by the hearing examiner or city
council, as provided in subsection (F) of this section, shall be valid for a period of up to
seven (7) years. At the end of this seven (7) year period, development permits must be
issued for all phases of the master plan development. An extension of time may be
requested by the applicant. A single extension may be granted by the planning
manager for a period of not more than two (2) more additional years.
8. Modifications. Once approved, requests for modifications to the master
plan project shall be made in writing to the planning manager. The planning manager
shall make a determination as to whether the requested modification is major or minor
as outlined in subsection (I) of this section.
F. Application process. The application process includes the following steps:
informal review process, compliance with the State Environmental Policy Act,
community information meeting, development plan review, and public hearing before
the hearing examiner.
1. Informal review process. An applicant shall meet informally with the
planning department at the earliest possible date to discuss the proposed PUD. The
purpose of this meeting is to develop a project that will meet the needs of the applicant
and the objectives of the city as defined in this title.
2. SEPA compliance. Compliance with the State Environmental Policy
Act and regulations and city SEPA requirements shall be completed prior to
development plan review.
3. Development plan review. After informal review and completion of the
SEPA process, a proposal shall next be reviewed by city staff through the development
plan review process. Comments received by the project developer under the
development review process shall be used to formalize the proposed development prior
to the development being presented at a public hearing before the hearing examiner.
150 Critical Areas
4. Community information meeting.
a. A community information meeting shall be required for any
proposed PUD located in a residential zone or within two hundred (200) feet of a
residential zone. At this meeting, the applicant shall present the development proposed
to interested residents. Issues raised at the meeting may be used to refine the PUD
plan. Notice shall be given in at least one (1) publication in the local newspaper at least
ten (10) days prior to the public hearing. Written notice shall be mailed first class to all
property owners within a radius of not less than two hundred (200) feet of the exterior
boundaries of the property subject to the application. Any alleged failure of any
property owner to actually receive the notice of hearing shall not invalidate the
proceedings.
b. Nonresidential PVDs not located within two hundred (200) feet of a
residential zone shall not require a community information meeting.
5. Public notice and hearing examiner public hearing. The hearing
examiner shall hold at least one (1) public hearing on the proposed PUD and shall give
notice thereof in at least one (1) publication in the local newspaper at least ten (10)
days prior to the public hearing. Written notice shall be mailed first class to all
property owners within a radius of not less than two hundred (200) feet of the exterior
boundaries of the property subject to the application. Any alleged failure of any
property owner to actually receive the notice of hearing shall not invalidate the
proceedings.
6. Consolidation of land use permit processes. The PUD approval process
may be used to consolidate other land use permit processes, which are required by
other sections of this title. The public hearing required for the PUD may serve as the
public hearing for the conditional use permit, subdivision, shoreline substantial
development, and rezoning if such land use permits are a part of the overall PUD
application. When another land use permit is involved which requires city council
approval, the PUD shall not be deemed to be approved until the city council has
approved the related land use permit. If a public hearing is required for any of the
categories of actions listed in this subsection, the hearing examiner shall employ the
public hearing notice requirements for all actions considered which ensure the
maximum notice to the public.
151 Critical Areas
7. Hearing examiner decision. The hearing examiner shall issue a written
decision within ten (10) working days from the date of the hearing. Parties of record
will be notified in writing of the decision. The decision is final unless notice of appeal
is filed with the city clerk within fourteen (14) days of receipt by the developer of the
decision. For PUDs which propose a use which is not typically permitted in the
underlying zoning district as provided in subsection (B)(4) of this section, the hearing
examiner shall forward a recommendation to the city council, which shall have the final
authority to approve or deny the proposed PUD. For a proposed residential PUD that
includes condominiums as outlined in subsection (13)(4) of this section, a condition of
approval by the city council shall be that for each development phase the applicant
shall submit a recorded copy of the covenants, conditions, and restrictions recorded
against the property. Within thirty (30) days of receipt of the hearing examiner's
recommendation, the city council shall, at a regular meeting, consider the application.
8. Effective date. In approving a PUD, the hearing examiner shall specify
that the approved PUD shall not take effect unless or until the developer files a
completed development permit application within the time periods required by this title
as set forth in subsection (G) of this section. No official map or zoning text
designations shall be amended to reflect the approved PUD designation until such time
as the PUD becomes effective.
G. Review criteria for planned unit developments. Upon receipt of a complete
application for a residential PUD, the planning department shall review the application
and make its recommendation to the hearing examiner. The hearing examiner shall
determine whether to grant, deny, or condition an application based upon the following
review criteria:
1. Residential planned unit development criteria.
a. The proposed PUD project shall have a beneficial effect upon the
community and users of the development which would not normally be achieved by
traditional lot -by -lot development and shall not be detrimental to existing or potential
surrounding land uses as defined by the comprehensive plan.
b. The proposed PUD project shall be compatible with the existing land
use or property that abuts or is directly across the street from the subject property. The
152 Critical Areas
term compatibility includes but is not limited to apparent size, scale, mass, and
architectural design.
c. Unusual and sensitive environmental features of the site shall be
preserved, maintained, and incorporated into the design to benefit the development and
the community.
d. The proposed PUD project shall provide areas of openness by using
techniques such as clustering, separation of building groups, and use of well-designed
open space and landscaping. Open space shall be integrated within the PUD rather
than be an isolated element of the project.
e. The proposed PUD project shall promote variety and innovation in
site and building design, and shall include architectural and site features that promote
community interaction, such as porches, de-emphasized garages, sidewalks/walkways
and adjacent common areas. Buildings in groups shall be related by common materials
and roof styles, but contrast shall be provided throughout the site by the use of varied
materials, architectural detailing, building scale, and orientation.
f. Building design shall be based on a unified design concept,
particularly when construction will be in phases.
2. Nonresidential planned unit development criteria.
a. The proposed project shall have a beneficial effect which would not
normally be achieved by traditional lot -by -lot development and not be detrimental to
present or potential surrounding land uses as defined by the comprehensive plan.
b. Unusual and sensitive environmental features of the site shall be
preserved, maintained, and incorporated into the design to benefit the development and
the community.
c. The proposed project shall provide areas of openness by the
clustering of buildings, and by the use of well-designed landscaping and open spaces.
Landscaping shall promote a coordinated appearance and break up continuous expanses
of building and pavement.
153 Critical Areas
d. The proposed project shall promote variety and innovation in site
and building design. It shall encourage the incorporation of special design features
such as visitor entrances, plazas, outdoor employee lunch and recreation areas,
architectural focal points, and accent lighting.
e. Building design shall be based on a unified design concept,
particularly when construction will be in phases.
H. Time limits.
1. Application for development permit. The applicant shall apply for a
development permit no later than one (1) year following final approval of the PUD.
The application for development permit shall contain all conditions of the PUD
approval.
2. Extensions. An extension of time for development permit application
may be requested in writing by the applicant. Such an extension may be granted by the
planning manager for a period not to exceed one (1) year. If a development permit is
not issued within two (2) years, the PUD approval shall become null and void and the
PUD shall not take effect.
I. Modifications of plan. Requests for modifications of final approved plans shall
be made in writing and shall be submitted to the planning services office in the manner
and form prescribed by the planning manager. In commercial, office, industrial, and
manufacturing zoning districts, where a master plan is consistent with a planned action
ordinance and a development agreement, the determination of whether a proposed
modification is minor or major shall be made at the sole discretion of the planning
manager; provided, however, that the planning manager's determination must be
consistent with criteria established in either the planned action ordinance or the
development agreement. If the planned action ordinance or the development agreement
does not establish such criteria, the planning manager's determination shall be
consistent with the criteria stated in subsections (1)(1) and (I)(2) of this section. The
criteria for determining minor and major modifications in all other cases shall be as
stated in subsections (I)(1) and (I)(2) of this section. The criteria for approval of a
request for a major modification shall be those criteria covering original approval of the
permit which is the subject of the proposed modification.
154 Critical Areas
1. Minor modifications. Modifications are deemed minor if all the
following criteria are satisfied:
proposed;
a. No new land use is proposed;
b. No increase in density, number of dwelling units, or lots is proposed;
c. No change in the general location or number of access points is
d. No reduction in the amount of open space is proposed;
e. No reduction in the amount of parking is proposed;
f. No increase in the total square footage of structures to be developed
is proposed; and
g. No increase in general height of structures is proposed.
Examples of minor modifications include but are not limited to lot line
adjustments, minor relocations of buildings or landscaped areas, minor changes in
phasing and timing, and minor changes in elevations of buildings.
2. Major modifications. Major adjustments are those which, as determined
by the planning manager, substantially change the basic design, density, open space, or
other similar requirements or provisions. Major adjustments to the development plans
shall be reviewed by the hearing examiner. The hearing examiner may review such
adjustments at a regular public hearing. If a public hearing is held, the process outlined
in subsection (F) of this section shall apply. The hearing examiner shall issue a written
decision to approve, deny, or modify the request. Such a decision shall be final. Any
appeals of this decision shall be in accordance with KCC 12.01.040.
SECTION 11. — Savings. The existing chapters and sections of the Kent
Code, which are repealed and amended by this ordinance, shall remain in full force
effect until the effective date of this ordinance.
155 Critical Areas
SECTION 12. — Severability. If any one or more section, subsections,
sentences of this ordinance are held to be unconstitutional or invalid, such decision sl
not affect the validity of the remaining portion of this ordinance and the same sl
remain in full force and effect.
SECTION 13. — Effective Date. This ordinance shall take effect and be in force
thirty (30) days from and after its passage as provided by law.
ATTEST:
� vwo; ;iDjat /- 4 '
APPROVED AS TO FORM:
r2%l'6L,. -
TOM BRUBAKER, CITY ATTORNEY
Q1111,
YOR PRO 71EM
PASSED: / `) day of ` , 2005.
APPROVED: —L?- day of C Z , 2005.
PUBLISHED: 43 day of 12005.
156 Critical Areas
I hereby certify that this is a true copy of Ordinance No. 37tAXI passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of
City of Kent as hereon indicated.
P \Crvd\ORDINANCE\Crdwa]Ar a 041905Co=cd doc
BRENDA JACOBFAJ CITY CLERK
157 Critical Areas