HomeMy WebLinkAbout4074 Ordinance No . 4074
(Amending or Repealing Ordinances)
Amend KCC 15.07 - Landscaping Regulations
Passed - 2/19/2013
The date["Beginning July 1, 1998"] has led to confusion This date will be deleted from cover sheets of
ordinance/resolution revision pages. This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document—6/21/2012
ORDINANCE NO.
AN ORDINANCE of the city council of the
city of Kent, Washington, amending Chapter
15.07, Kent City Code pertaining to landscaping
regulations; repealing Section 15.02.172, and
adding new Sections 15.02.086 and 15.02.274,
Kent City Code [ZCA-2012-3].
RECITALS
A. Local planning legislation arises from many sources, including,
but not limited to, Federal, State or regional mandates; changes to local
community vision; complaints; need for clarity; updated technologies,
business operations or strategies that make existing codes outdated; and
conflicts with updated regulations in other city departments.
B. The city has determined that amendments to Chapter 15.07,
Kent City Code (KCC), Landscaping Regulations, with related amendments
to definitions in 15.02.086, 15.02.172 and 15.02.274 are necessary to
modernize the code, incorporate low impact development techniques, and
provide clarity where there is confusion.
C. The Land Use and Planning Board discussed amendments to
Chapter 15.07, KCC, that regulate landscaping, with related amendments
to definitions in 15.02.086, 15.02.172, and 15.02.274, at its public
1 Amend Chapter 15.07
Landscaping Regulations
Ordinance
workshops on October 8, 2012 and November 26, 2012. After holding a
public hearing on January 14, 2013 and January 28, 2013r the Board
recommended approval of the amendments. The Economic and
Community Development Committee considered this matter at its February
11, 2013, meeting, and the city council considered this matter at its
February 19, 2013 meeting.
D. The City's State Environmental Policy Act (SEPA) Responsible
Official conducted an environmental analysis of the impacts of the
proposed amendments and issued a Determination of Nonsignificance on
November 26, 2012.
E. On November 19, 2012, notice was sent to the Washington
State Department of Commerce and expedited review was requested. On
December 13, 2012, the City was granted expedited review and was
informed that it had met the Growth Management Act notice requirements
under RCW 36.70A.106.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 15.07.010 of the Kent City
Code is amended as follows:
Sec. 15.07.010. Purpose.
A. The provisions of this chapter are to provide minimum standards for
landscaping in order to maintain and protect property values and enhance
2 Amend Chapter 15.07
Landscaping Regulations
Ordinance
the general appearance of the city. It is also the purpose of this chapter to
encourage Low Impact Development (LID) through the use of soil
amendments and integration of landscape areas and LID stormwater
management facilities Landscaping shall be designed as an integral part
of the overall site plan with the purpose of enhancing building_ design,
public views, and spaces, and providing buffers, transitions and screening_
B. The planning manager--dir r shall have the authority to waive
specific requirements or impose additional requirements in unique or
special circumstances to ensure the fulfillment of the stated pWFPese
urposes of this chapter and to allow for flexibility and innovation of
design. Special circumstances or unique conditions shall be reviewed with
the planning Fnai9agef i c r prior to submittal of a landscape plan.
Examples of what might constitute unique or special eenditlens
tcircumstances include:
1. Preservation of unique wildlife habitat.
2. Preservation of natural or native areas.
3. Compliance with special easements.
4. Renovation of existing landscaping.
5. Unique site uses.
This list is for illustrative purposes only, and is not intended to be
exhaustive.
I�
3 Amend Chapter 15.07
Landscaping Regulations
Ordinance
SECTION 2. - Amendment. Section 15.07.020 of the Kent City
Code is amended as follows:
Sec. 15.07.020. Landscape plan approval.
A. A building permit shall not be issued until the landscape
plan has been approved.
B. At the time of development plan review, the planning
departmentservices shall review specific landscape requirements with the
owner or a2plicant.
C. Landscape plan review shall be required in the following instances:
1 New construction New construction is covered by this
chapter as follows:
a Buildings constructed or enlarged.
b Other structures or use areas constructed or enlarged
C. Landscaped areas constructed or enlarged as follows:
i If constructing new landscaped area or adding
the equivalent of fifty (50) percent or more of the existing landscaped
area, the entire site must meet the standards of this title.
ii. If adding less than fifty (50) percent of the
existing landscaled area, only the new portion must meet the standards of
�I
this title.
4 Amend Chapter 15.07
Landscaping Regulations
Ordinance
2 Change in use When change of use permit is required,
landscaping shall be provided to meet the standards in this title
SECTION 3. - Amendment. Section 15.07.030 of the Kent City
Code is amended as follows:
Sec. 15.07.030. Failure to complete required landscaping -
Inspection.
A. Failure to complete all of the required landscaping or any part of it
within six (6) months of the building occupancy, issuance of the certificate
of occupancy, or issuance of the temporary certificate of occupancy,erne
planning department final inspeetmeig shall constitute a code
violation, subject to abatement under KCC 1.04.
B. It shall be the responsibility of the project manager or business
owner to contact the-planning departmertservices upon completion of the
landscaping work and request an inspection.
C. T4ie—pPlanning depaFtmentservices may inspect the landscaping
upon request of the project manager or business owner or at any time
after the six (6) month expiration date as described in subsection A of this
section.
SECTION 4. - Amendment. Section 15.07.040 of the Kent City
Code is amended as follows:
Sec. 15.07.040. General landscape requirements for all
zones.
5 Amend Chapter 15.07
Landscaping Regulations
Ordinance
A Landscape Development Standards
1. All ingress or egress easements that provide corridors to a
eject lot, and are not adjacent to a public right-of-way, shall be
considered the same as a public right-of-way. Landscape requirements for
easement corridors shall be the same as those required for krim IK21
adjacent to public rights of way.
2 All portions of a lot not devoted to building, future building
parking, storage or accessory uses shall be landscaped in a manner
appropriate to the stated purposes of this chapter.
3 All required landscaping areas shall extend to the curbline or
to the street edge A crushed rock path in lieu of landscaping shall be
required where appropriate,iate, as determined by planning services
Landscaping located in a right-of-way does not satisfy the landscape
requirements.
4 Required landscape areas that are not appropriate for
landscaping, due to the existence of rail lines or other features, shall be
relocated. Relocation shall be another lot line of the subject lot, if
appropriate; if inappropriate, relocation shall be to an equal-sized area in
another portion of the lot, to be determined by planning services upon
review with the owner or developer.
5. Landscaping shall not conflict with the safety of those using
adjacent sidewalks, or with traffic safety. Safety features of landscaping
shall be discussed at the time of development plan review, if necessary.
Crime Prevention Through Environmental Design (CPTEDprinciples shall
6 Amend Chapter 15.07
Landscaping Regulations
Ordinance
be used in the development and landscape plan to identify and incorporate
design features that reduce opportunities for criminal activity to occur.
6 Required landscaping may be integrated with LID stormwater
management facilities, where feasible LID facilities shall not compromise
the purpose or intent of required landscaping, and landscaping shall not
result in the disruption of the function of the LID facilities LID facilities
shall be designed and constructed in accordance with the LID Technical
Guidance Manual for Puget Sound (2005 edition, or as subsequently
amended) and any applicable city codes and standards.
7. The configuration and plant species of landscape areas on a
site shall be designed so as to not disrupt the functions of stormwater
systems.
B. Landscape Requirements for Parking Areas. Buffers, and Screening.
1. All parking. maneuvering, and loading areas of over twenty
thousand (20,000) square feet shall have a minimum of ten (10percent
of the parking area, maneuvering area, and loading space landscaped with
Type V landscaping as a means to reduce the barren appearance of the lot
and to reduce the amount of stormwater runoff. Perimeter landscaping,
required adjacent to property lines, shall not be calculated as part of the
ten (10) percent figure.
2. The perimeter of all parking lots that abut residential zones or
uses shall be landscaped in a manner that shields residential zones or uses
from lights and provides aesthetic separation between uses. This shall
include minimum depth of five (55) feet of type II, landscaping and
appropriate fencing (6 foot high solid wood fence or equivalent), unless
7 Amend Chapter 15.07
Landscaping Regulations
Ordinance
otherwise provided by this chapter or otherwise approved by the planning
dire
3. All property abutting Highway 167 or Interstate 5 shall be
landscaped with Type III landscaping to a minimum depth of ten (10) feet
unless a larger area is reauired elsewhere in this chapter.
4 All property abutting East Valley Highway between South
180"' Street on the north to the SR167 overpass on the south shall be
landscaped with Type III landscaping to a minimum depth of fifteen (15)
feet unless a larger area is required elsewhere in this chapter.
5. All trash containers shall be screened from abutting properties
and streets by a one hundred (100) percent sight-obscuring fence or wall
and appropriate landscape screen (Type II or III, minimum three (3) feet
wide) that allows for aesthetic improvement without compromising site
safety.
6. All outside storage areas shall be screened by fencing and
landscaping a minimum of five (,5) feet in depth unless it is determined by
development plan review that such screening is not necessary, due to
storage area location, existing fencing or landscaping, or because stored
materials are not visually obtrusive.
7. Landscaping shall be placed outside of sight-obscuring fences,
or one hundred (100) percent sight-obscuring fences, unless it is
determined by planning services that such arrangement would be
detrimental to the stated purposes of this chapter or would compromise
site safety.
The perimeter of all stormwater detention ponds shall be
landscaped to a minimum depth of ten (10) feet of type II landscaping. If
8 Amend Chapter 15.07
Landscaping Regulations
Ordinance
perimeter fencing is required based on public works department standards
it shall be constructed of vinyl-coated chainlink or sold screen fencing The
fencing shall be located between the pond and the landscape area.
C. Landscape Planting Requirements.
1 Bark mulch,._gravel or other nonvegetative material shall only
be used in conjunction with landscaping to assist vegetative growth and
maintenance or to visually complement plant material Nonvegetative
material is not a substitute for plant material.
2 Required landscape areas shall be provided with adequate
drainage All new landscape areas shall incorporate soil amendments as
follows: the uppermost twelve (12) inches of soil shall be tilled and two
(2) inches of composted material shall be fully incorporated into the tilled
soil; or to specifications as otherwise provided in the Stormwater
Management Manual gf Western Washington, Department of Ecology.
dated August 2012, or as subsequently amended. Compaction of
landscaping areas from vehicles and heavy equipment shall be avoided
after tilling.
3. Slopes shall not exceed a three (3) to one (1) ratio (width to
height, in order to decrease erosion potential and assist in ease of
maintenance.
4. Quantity, arrangement, and types of plants installed shall be
appropriate to the size of the required landscape areas and purpose of
planting area as noted in KCC 15.07.050 pertaining to types of
landscaping_.
9 Amend Chapter 15.07
Landscaping Regulations
Ordinance
5 Landscape plans shall include a diversity of native, native
adanteds, and drought tolerant low water use plant species and shall
promote native wildlife habitat where feasible
6 Irrigation systems incorporated into a landscaping area shall
include rain sensors to promote water conservation.
A. A" pwkin., 'M, and leading areas ef ever twenty theusand
le s/ 919all lated e1 GGI Il. I Iy41 e.
let/ /
a publie Fight ef Way. Land . . 99ents FeF easeiggent eeFrideFS Shall
Fniningum ef Five (5) feet lig depth unless it us deteFffiined by develepmel9t.
are 19et ViSUally ebtFUsive. The five (5) feet deep landseaped area ean
oeeLIF Within the street r-ight ef way abutting the PFepeFty line.
/ fUtUFe / ,
10 Amend Chapter 15.07
Landscaping Regulations
Ordinance
line,E. A" r-equored lamdseaping areas shall extend to the eurbline er the stFeet
anetheF let
eF
/
let, te be dettemnined by the planning depar-tFnent with the
/ /
..19junetien with
shall be landseaped to a n9iniFnurn depth ef three (3) feet with type 11
in
"
adjaeen
Fesidential I/
ii Amend Chapter 15.07
Landscaping Regulations
Ordinance
K. Laiqdseeping shall not eenfliet with the safety ef these using adjaeent
9*dewalks eF with tFaffle safety. Safety features ef landseaping shall be
6. Quantity, fffflngefnent, and types ef plants installed shall be appFepriate
a FninumuFn depth of ten (19) feet unless a largeF area iS FeqUiFed
P. A" pFepefty abutting East Valley Highway between SeLith 180th StFeet
elsewhere in this ehapteF.
12 Amend Chapter 15.07
Landscaping Regulations
Ordinance
R. 6andseape plans shall inelude wheFe feasible a diveMity ef natlye plant
any tinge.
shall be leeated between the pend and the landseape area.
SECTION 5. - Amendment. Section 15.07.050 of the Kent City
Code is amended as follows:
13 Amend Chapter 15.07
Landscaping Regulations
Ordinance
Sec. 15.07.050. Types of landscaping.
Type I Type II Type III Type IV Type V
Solid Screen Visual Screen Visual Buffer low Cover Open Area
Purpose Type I Type II Type III Type IV Type V landscaping
landscaping is landscaping is landscaping Is landscaping is Is primarily
intended to Intended to intended to intended to intended to visually
provide a solid create a visual provide visual provide visual interrupt large
sight barrier to separation that separation of relief where open spaces of
totally separate is not uses from streets clear sight is parking areas.
Incompatible necessarily one and main desired or as a
uses. hundred (100) artenais and complement to
percent sight- between larger, more
obscuring compatible uses predominant
between so as to soften planting
Incompatible the appearance materials.
uses. of streets,
parking lots,and
building facades.
Description Type I Type II Type III Type IV Type V landscaping
landscaping shall landscaping shall landscaping shall landscaping shall consist of
consist of be evergreen or be evergreen and shall consist of a trees planted with
evergreen trees a mixture of deciduous trees mixture of supporting shrubs
or tall shrubs evergreen and planted not more evergreen and or ground cover.
with a minimum deciduous trees than thirty (30) deciduous Each landscape
height of six (6) with large feet on center shrubs and area shall be of
feet at planting, shrubs and interspersed with ground cover,to sufficient size to
which will ground cover large shrubs and provide solid promote and
provide a one Interspersed ground cover. covering of the protect growth of
hundred (100) with the trees. A Where used to entire plantings, with a
percent sight- sight-obscuring separate parking landscaping one hundred (100)
obscuring screen fence wtilmav be from streets, area within twe square foot
within Ewe required uniess plantings must (}three !3) minimum area and
(three f31 +491f determined create a visual years of planting no dimension less
years from the by development barrier of at least and to be held than five (5)feet.
time of planting; plan review that forty-two (42) to a maximum (see IEEE
or a combination such a fence Is Inches in height height of three 15..97.949(A)).
of evergreen and tiet-necessary. at time of and one-half(3 (See alse A and B
deciduous trees (See else A, B, planting and form 1/2) feet-(see below)
and shrubs and G belew) a solid screen defatien a
backed by one twe{2 three (3) gFeund eeaer).
hundred (100) years after
percent sight- planting. {See
obscuring fence. alse A, B, andz
be"
Additional requirements Fer types 11,M, and V are as follows. Specifications consistent with American
Standard for Nursery Stock.ANSI Z60.1-2004 or as amended. are also acce tp able.=
(A) Deciduous trees shall be a minimum of one and one-half inches caliper at the time of planting.
Evergreen trees shall be an ayeFage height elf six (6)feet high at planting. Tree spacing shall be as
appropriate for the species. n==:a___tree__`allIgethe Fallowing
sizes based an «.,.__.._,...._.
•
l Thisee vllc. .n.l..�..-. Fefty (All) feet a ...ter
hnw v��c
(B) Ground cover means low-growing vegetative materials with a mound or spreading manner of
14 Amend Chapter 15.07
Landscaping Regulations
Ordinance
growth Spacing is dependent on thpatyoe and size of the plant material and must be adequate o
provide total coverage of the landscape area within three (3) years.
Ground cover plants.
other than grasses must be at leas'the four-inch (41 pot size at time of planting,
(C) Shrubs shall be a minimum of 18 Inches in height or two-gallon container size at the time of
planting.
WLThe plantings and fence must not violate the sight area safety requirements at street intersections.
SECTION 6. - Amendment. Section 15.07.060 of the Kent City
Code is repealed in its entirety and replaced as follows:
Sec. 15.07.060. Regulations for specific districts.
Minimum Perlme n
Zones Abuttlno Street Side Yard Rear Yard Abuttlno Additional
Residential reoulrements
Distnct or Use
SR-1 through N/A (see also NLA
SR-8 12,04,245)
Open green
area shall
MR-G 10'Type III 10'Type II or 10'Type II or N/A. except occupy no less
MR-T M M for parking than twenty-
M -M lots per five(25)
MR-H 15,07.040.5.2 percent of the
total lot area.
A minimum of
5'of foundation
landscaping
shall be placed
alona the
perimeter o
any multifamily
structure.
Foundation
landscaping
consists of
shrubbery or
some other
combination of
landscape
materials that
helps to reduce
the visual bulk
of structures
and buffer
dwelling units
from light.
glare. and other
environmental
15 Amend Chapter 15.07
Landscaping Regulations
Ordinance
regwrements
may apply
through
Multifamily
Design Review.
15.09.045.D
KCC
M 10'Type II.
(:M 5'Type III j9[g WA and for N/A
2C parking lots
Q DgI
A minimum of
3Q
p� NLA landscaping to
screen off-
street narking
areas.
placement of
which shall be
determined
through the
downtown
design review
process outlined
in KCC
15,09.046.
lanAdditional
s anp g or
alternative
methods of
screening may
be approved
through
downtown
desian review.
SO'Type II. A minimum of
'2
QGE BLA parking lots landsca IQ na to
pgr screen off-
15.07.040.B.2 street parking
areas.
placement of
which shall be
determined
through the
downtown
design review
process outlined
in KCC
15,09,046,
Additional
landscaping or
alternative
methods of
screening may
be approved
through
downtown
i
in
16 Amend Chapter 15.07
Landscaping Regulations
Ordinance
MCg3
NSA 20'Type III in 15'Type II or NLA N/A, except
A-G nt yard IU for parking
i lots cer .B.
M2 15'Ty ep III in 10'Type I� I or N/A N/A. except
front yard for parking
lots per
15,07,040.5.2
Ma 10 Tvpe III in 5'Tvoe 1I or NLA N/A. except
front Yard III for parkina
lots per
4
GWC 15'or 20'Type 5'or 15'Type 5'Type II or 10'Tvpe II
4 5,6
NSA 10'Type 111 5'or 10'Tvpe 5'Type II or 10'Type II
I II or s,
'MTC-1 additional landscaping requirements. Landscaping requirements
shall be determined through the midway design review process outlined in
KCC 12.01.040 and shall include the following to soften the appearance of
narking areas and building elevation, and
a. The perimeter of properties abutting a single-family
residential or mobile home park land use shall be landscaped with a
minimum of ten (10) feet of type I landscaping_
b. The perimeter of properties abutting a multifamily residential
land use shall be landscaped with a minimum of ten (10) feet of type I
landscaping.
C. The perimeter of properties abutting a public right-of-wax
shall be landscaped with a minimum of ten (10) feet of type III
landscaping. The following exceptions app-ly
i, When a vehicular parking area abuts such setback, a
type III landscape strip with an average of twenty (20) feet in depth shall
be provided,
17 Amend Chapter 15.07
Landscaping Regulations
Ordinance
H When such setback is utilized as a public open space
plaza and not accompanying parking, no perimeter landscaping strip shall
be required.
M When such setback is utilized as a public open space
plaza and exceeds thirty_(30) linear feet street trees shall be provided as
set forth in the 2009 Design and Construction Standards, or as the same
may be subsequently amended.
d The perimeter of side property lines shall be landscaped with
a minimum of five (5) feet of type III landscaping, unless the building is
constructed at the build-to line or property line.
ZMTC-2 additional landscaping requirements. Landscaping requirements
shall be determined through the midway design review process outlined in
KCC 12,01.040 and shall include the following to soften the appearance of
parking areas, and building elevations, and to provide separation between
uses;
a. The perimeter of properties abutting public parks, plazas,
open space, or multi-purpose trails shall be landscaped with a minimum of
ten (10) feet of type III landscaping_
b. When a vehicular parking area abuts a public right-of-wax, a
type III landscaping strip a minimum of five (5) feet in depth shall be
provided,
C. When a vehicular parking area abuts the side property lines, a
type III landscaping strip a minimum of ten (10) feet in depth shall be
provided,
18 Amend Chapter 15.07
Landscaping Regulations
Ordinance
3MCR additional landscape requirements Landscaping requirements shall
be determined through the midway design review process outlined in KCC
12 01 040 and shall include the followina to soften the appearance of
parking areas and, building elevations, and to provide separation between
uses:
WWhere buildings abut the required front yard, a landscape strip at least
fifteen (15) feet in depth shall be provided. Where vehicular parking areas
abut the required front yard. a landscape strip at least twenty (20) feet in
depth shall be provided.
'No landscaping along the side property lines shall be required between
adjacent properties where a common, shared driveway with a perpetual
cross-access easement is provided to serve the adjoining pro ep rties.
6A Type III landscape strip of at least fifteen (15) feet in depth shall be
provided alongside property lines flanking the street of a corner lot.
7A Type III landscape strip of at least ten (10) feet in depth shall be
provided alongside property lines flanking the street of a corner lot.
SECTION 7. - Amendment. Section 15.07.070 of the Kent City
Code is amended as follows:
Sec. 15.07.070. Maintenance of landscaping.
A. Required. Whenever landscaping is or has been required in
accordance with the provisions of this title or any addition or amendments
to this title, or in accordance with the provisions of any previous code or
19 Amend Chapter 15.07
Landscaping Regulations
Ordinance
ordinance of the city, the landscaping shall be permanently maintained in
such a manner as to accomplish the purpose for which it was initially
required. All landscaping which, due to accident, damage disease, lack of
maintenance, or other cause fails to show a healthy appearance and
growth. shall be restored, or replaced with the same type of landscaping
elements and in the same location as required in the approved landscape
plan These requirements also apply to landscaping for LID stormwater
management systems, such as bioretention swales Failure to
permanently maintain landscaping will result in a code violation, in
accordance with KCC 1.04.
B. Maintenance Assurance. To ensure the maintenance of new
landscaping, the planning director may require a performance and
maintenance bond or other acceptable maintenance assurance device,
such as pn irrevocable letter of credit, set-aside letter, assignment of
funds,, or certificate of deposit, prior to permit issuance. In determining
whether to require an assurance device, the planning director may
consider elements such as the size and complexity of the project, the
likelihood of plant survival, and the likelihood of adequate maintenance.
The device shall remain in effect for two years from the completion of
planting, The value of the maintenance assurance device shall equal at
least 125 percent of the total landscape materials plus installation If a
maintenance assurance device is required, the property owner shall
comply with the following provisions:
1. If the landscaping is not being properly maintained, the
planning director shall notify the property owner that the owner must
restore the landscaping to its required condition, to the satisfaction of the
director, within thirty (30) days If the property owner does not restore
the landscaping to the satisfaction of the director within thirty (30) days of
20 Amend Chapter 15.07
Landscaping Regulations
Ordinance
the notification, then the city may use the proceeds of the assurance
device to perform any type of maintenance or replacement necessary to
ensure compliance with this chapter.
2 The maintenance assurance device shall be accompanied by
an agreement granting the city and its agents the right to enter the
proper y and perform any necessary work. The agreement shall also hold
the city harmless from all claims and expenses, including attorney's fees.
3. Upon completion of the two-year maintenance period, and
inspection by the city to determine that the landscaping has been
maintained to the satisfaction of the planning director, the city shall
release the maintenance assurance device, less any proceeds previously
used by the city pursuant to this section 15.07.070.
4. The property owner is responsible for all costs incurred by the
city in doing any work covered by the assurance device. The property
owner shall reimburse the city for any amount expended by the city that
exceeds any proceeds of the assurance device actually used by the city_
The city shall have a lien against the subject property for the amount of
any excess.
sueh owner, that the landseeping as f9et being adequately fmaintained and
date by whieh the Fmaifitemanee n9ust be eeeemplished, and shall be sent,
4!r etl{.itIL1J-mail,
21 Amend Chapter 15.07
Landscaping Regulations
Ordinance
netiee, eF within fifteen (15) days afteF the date ef sLieh f9etiee if the netiee
in 4M: etm
thereof,
plus aeeFued interest at the Fate ef eight (8)
eharged shall be due and payable by the ewneF at the tinge of payngent e
L. bill
�T
E. Lien fei- payment of eharges. if the full af9getint dwe the dty is net paid
/ then,
i1q that
22 Amend Chapter 15.07
Landscaping Regulations
Ordinance
the werk was dene, and the legal deSeFiPtOOM of the pFepefty en whieh the
Final payment has been n9ade. The eests and expenses shall be eelleeted in
the n9anneF fixed by IaW f-eF the eelleetien of taxes and fuFtheF shall be
and expenses aFe met paid On full en eF bef-eFe the date the tax bill upen
ey*denee that all legal feFffialitles haye been eemplied with and that the
celleet unpaid ehaFges, interest, and penalties ewed eF assessed PUFSuant
SECTION 8. - Amendment. A new section 15.02.086 is added to
the Kent City Code as follows:
Sec. 15.02.086, Composted material.
Composted material means organic solid waste that has undergone
biological degradation and transformation under controlled conditions
23 Amend Chapter 15.07
Landscaping Regulations
Ordinance
designed to promote aerobic decomposition at a solid waste facility in
compliance with state regulations Natural decay of organic solid waste
under uncontrolled conditions does not result in composted material
Comoosted material must contain 40% - 65% organic matter and meet the
contaminant standards for"composted materials" in WAC 173-350-220
SECTION 9. - Amendment. Section 15.02.172 of the Kent City
Code, entitled "Ground Cover" is repealed in its entirety.
SECTION 10. - Amendment. A new Section 15.02.274 is added to
the Kent City Code as follows;
Sec. 13,02,274. Native adapteds.
Native adapteds means noninvasive plant species that have adapted to the
climactic conditions of the Northwest region.
SECTION 11. - Savin . The existing portions of Title 15 of the
Kent City Code which are repealed and replaced by this ordinance, shall
remain in full force and effect until the effective date of this ordinance.
SECTION 12, - SeverabilitX. If any one or more section,
subsection, or sentence of this ordinance is held to be unconstitutional or
invalid, that decision shall not affect the validity of the remaining portion of
this ordinance and the same shall maintain its full force and effect.
SECTION 13, - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section or subsection numbering;
24 Amend Chapter 15.07
Landscaping Regulations
Ordinance
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 14. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication as
provided by law.
SU E COO KE, MAYOR
ATTEST:
do ONALD F. ORE, TY CLEAK
APPROVED AS TO FORM: - --
T BRUBAKER, CITY ATTORNEY
PASSED: .day of �/�r-60e 12013.
APPROVED: 11":5� day of ��r� et'i 12013.
PUBLISHED: day of AeZkusj 12013.
I hereby certify that this is a true copy of Ordinance No.
passed:4, ttOB--
City Council of the City of Kent, Washington, and approved
by.t?if M,qpr of14it City of Kent as hereon indicated.
w " 1 Z�KX EAQ
RONALD O , CITY LERK
P\Clvll\0rdinance\15 07 landscape Regulations Amendments door
25 Amend Chapter 15.07
Landscaping Regulations
Ordinance