HomeMy WebLinkAbout4159AN ORDINANCE of the City Council of the
city of Kent, Washington, amending Chapter 11.06
of the Kent City Code, entitled "Critical Areas."
RECITALS
A. Pursuant to the state Growth Management Act, Chapter
36.70A RCW (GMA), the city of Kent ("City") hereby amends its critical
areas ordinance ("CAO"). This ordinance is the product of extensive
study, review and evaluation of the City's development regulations to
identify and protect the functions and values of critical areas as required
under the GMA, consistent with RCW 36.70A.172 and WAC 365-195-900.
The CAO has been updated to comply with state law, federal law, and best
available science. The City has identified, collected and assessed the
available scientific information offered by staff, by the City's environmental
consultants, by state agency representatives, and by the public in order to
interpret the nature, scope, and application of best available science to
protect the functions and values of the City's critical areas, which exist in a
highly complex, natural, and built urban environment.
B. Throughout this process, the City's intent has been to
develop and implement a comprehensive, balanced, and fair regulatory
program that requires avoidance, minimization, and mitigation of critical
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areas and their buffers, in that order of preference, by anyone whose
activities affect critical areas. To that end, the City also desires to protect
the public from injury, loss of life, or loss of property or other financial
impact, to the extent reasonably possible.
C. On August 4, 2014, staff made a presentation to the Public
Works Committee to discuss the update to the CAO by June, 2015, as
required by the Growth Management Act. Staff further discussed that the
update process is required to include best available science, as well as
compliance with state, regional and local mandates.
D. On August li, 2014, the Land Use and Planning Board
("LUPB") held a workshop to discuss the update to the Kent
Comprehensive Plan, including the CAO update element of the plan,
compliance with state, regional and local mandates; the proposed
timeline; and public outreach activities.
E. On November 24, 2014, the LUPB held a workshop to
generally discuss the update CAO process, best available science rule, and
timeline.
F. On February 9, 2015, the LUPB held a workshop to discuss
preliminary findings from the best available science recommendations,
comments from staff and the public, and draft regulations.
G. On February 12, 2015, the City provided the required sixty
day notification under RCW 36.70A.106 to the Washington State
Department of Commerce (Department") for the City's proposed CAO.
Comments from the Department were received and considered.
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H. On March 16, 2015, the City received comments on the CAO
update from the Washington State Department of Ecology. These
comments were also considered.
I. On April 3, 2015, the City conducted and completed
environmental review under the State Environmental Policy Act (SEPA),
issuing an Addendum to its Comprehensive Plan Environmental Impact
Statement (EIS).
J. On April 13, 2015, the LUPB held a public hearing on the
draft CAO and recommended updating Chapter 11.06 KCC, accordingly.
K. Staff made a presentation to the Public Works Committee on
April 20, 2015, on the recommended revisions to the CAO.
L. Following certain substantive changes by staff to the
proposed ordinance, the LUPB held a second public hearing regarding the
revised CAO on June 8, 2015, and recommended passage of the revised
ordinance.
M. Staff made a presentation regarding the revised CAO to the
Economic and Community Development Committee at its meeting on July
13, 2015, and the Committee voted to forward its recommendations to the
full City Council.
N. At its regularly scheduled meeting on July 21, 2015, the City
Council considered the recommendations and voted to adopt the proposed
amendments to the CAO.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment. Chapter 11.06 of the Kent City Code is
hereby amended as follows:
Article I. Procedural and Administrative Provisions
Sec. 11.06.010. Title. This chapter shall be hereinafter -known as
the city of Kent critical areas code.
Sec. 11.06.020. Purpose and intent.
A. The city of Kent contains numerous areas that can be identified and
characterized as critical . Such areas within the
city include wetlands, streams, wildlife and fisheries habitat, geologic
hazard areas, frequently flooded areas, and critical aquifer recharge areas.
B. The city finds that these critical areas perform a variety of valuable
and beneficial biological, physical and economic functions that benefit the
city and its residents. Alteration of certain critical areas may pose a threat
to public safety, private property, and the environment. The city finds,
therefore, that identification, regulation, and protection of critical areas is
necessary to protect the public health, safety, and general welfare. The
city further finds that the functions of critical areas, and the purpose of
these regulations, include the following.
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1. Wetlands. Wetlands perform a variety of functions that
include maintaining water quality; storing and conveying storm water and
floodwater; recharging groundwater; providing important fish and wildlife
habitat; and providing areas for recreation, education, scientific study, and
aesthetic appreciation.
Wetland buffers serve to moderate runoff volume and flow rates; reduce
sediment, chemical nutrient, and toxic pollutants; provide shading to
maintain desirable water temperatures; provide habitat for wildlife; and
protect wetland resources from harmful intrusion.
The primary goals of wetland regulation are to avoid wetland impacts; to
achieve no net loss of wetland function and value, acreage may alse be
considered in aehieving the eveFa4-g-E to provide levels of protection
that reflect the sensitivity of individual wetlands and the intensity of
proposed land uses; and to restore mor enhance existing wetlands,
where possible.
The city of Kent's program for wetland protection is a combination of
regulatory and nonregulatory programs designed to collectively provide for
protection of wetland functions and values in a manner which is consistent
with best available science and the other goals and objectives of the
Growth Management Act, Chapter 36-7
.70A RCW.
Protection of the water quality and hydrologic functions of wetlands is
accomplished in Kent by a combination of storm water management
controls (including both water quality controls and flow controls) regulated
pursuant to Chapters- 6.02, 7.07, and 7.14 KCC, and wetland buffers
imposed pursuant to this chapter. Taken together these programs will
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provide adequate water quality and hydrologic protection to meet best
available science requirements.
2. Fish and wildlife habitat conservation areas.
a. Streams and their associated riparian corridors provide
important fish and wildlife habitat, including habitat for threatened and
endangered species; help maintain water quality; store and convey storm
water and floodwater; recharge groundwater; and serve as areas for
recreation, education, scientific study, and aesthetic appreciation. Stream
buffers serve to moderate storm water runoff volume and flow rates;
reduce sediment, chemical nutrient, and toxic pollutants, provide shading
to maintain desirable water temperatures; provide habitat for wildlife; and
protect stream resources from harmful intrusion.
The primary goals of stream regulation are to avoid or otherwise mitigate
significant impacts to streams and associated riparian corridors; to protect
threatened and endangered species, to protect water quality through
appropriate management techniques; and, where possible, to provide for
stream enhancement and rehabilitation.
b. Wildlife habitat provides opportunities for food, cover,
nesting, breeding, and movement for fish and wildlife within the city;
maintains and promotes diversity of species and habitat within the city,
integrates habitat protection with elements of the city's open space
system; helps maintain air and water quality; helps control erosion; serves
as areas for recreation, education, and scientific study and aesthetic
appreciation.
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The primary goals of wildlife habitat regulations are to identify and protect
fish and wildlife habitats to avoid impacts to critical habitats for fish and
wildlife; to implement the goals of the Endangered Species Act; to promote
connectivity between habitat areas to allow for wildlife movement; to
provide multi-purpose open space corridors; and where possible to
enhance and rehabilitate wildlife habitat.
3. Geologic hazard areas. Geologic hazard areas include lands
characterized by geologic, hydrologic, hydrogeologic, -topographic and
vegetative conditions that render them susceptible to varying degrees of
risk e€from landslides, erosion, seismic or volcanic activity.
The primary goals of regulating geologic hazards are to avoid and minimize
potential impacts to life and property; to regulate land uses where
necessary; and to conduct appropriate levels of analysis to ensure sound
engineering and construction practices to address, mitigate, and
potentials avoid identified hazards.
4. Critical aquifer recharge areas, Aquifer recharge areas provide
a source of potable water and contribute to stream discharge/flow during
periods of low flow. The city finds that certain locations are susceptible to
contamination of water supplies by infiltration of pollutants through soil to
groundwater aquifers.
The primary goals of aquifer. recharge regulations are to protect critical
aquifer recharge areas and groundwater quality by avoiding or limiting
land use activities that pose potential risk of aquifer contamination, and to
minimize impacts to significant aquifer recharge areas through the
application of performance standards.
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5v Frequently flooded areas Floodplains and other areas subject
to flooding perform important hydrologic functions and may present a risk
to persons and property. The primary goals of flood hazard regulations are
to limit the effects of flooding on human health and safety, and to protect
located in Chapter 14 09 KCC regulate activities within frequently flooded
areas in order to promote public health, safety, and general welfare, and
to minimize public and private losses due to flood conditions in the city, to
the extent reasonably possible.
Sec. 11.06.030. Regulated activities.
q, This chapter shall apply to any regulated activity
that petentially.may affects a critical area or a potential critical area, or its
buffer unless otherwise exempted by these regulations. Regulated activity
that takes place within an area shown as a critical area on the critical areas
inventory maps maintained by the department pursuant to KCC 11.06.050
raises a rebuttable presumption that the activity affects a potential critical
area or its buffer. This presumption may be overcome by information
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..
loan IWAMMORMEN
Sec. 11.06.030. Regulated activities.
q, This chapter shall apply to any regulated activity
that petentially.may affects a critical area or a potential critical area, or its
buffer unless otherwise exempted by these regulations. Regulated activity
that takes place within an area shown as a critical area on the critical areas
inventory maps maintained by the department pursuant to KCC 11.06.050
raises a rebuttable presumption that the activity affects a potential critical
area or its buffer. This presumption may be overcome by information
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department. Applicable activities aFe as felie sinclude, but are not limited
o. the following:
1. Removing, excavating, disturbing, or dredging soil, sand,
gravel, minerals, organic matter or materials of any kind.
2. Dumping, discharging, or filling with any material.
3. Draining, flooding, or disturbing the water level or water
table, or diverting or impeding water flow.
4. Driving pilings or placing obstructions.
5. Constructing, substantially reconstructing, demolishing, or
altering the size of any structure or infrastructure.
6. Destroying or altering vegetation through clearing, grading,
harvesting, shading, or planting vegetation that would negatively affect the
character of a critical area.
7. Activities that result in significant
temperature, physical or chemical characteristics
N
ncluding quantity and pollutants.
changes in water
of water sources,
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
'M sky
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Where a regulated activity would be partly within and partly outside
a crcal area or its buffer, the entire activity shall be reviewed pursuant to
the requirements of this chapter.
B. To avoid duplication, all permits and approvals identified in Chapter. -
12.01 KCC shall be subject to, and coordinated with, the requirements of
this chapter.
C. Nonproject actions, including but not limited to rezones,
comprehensive plan map amendments, annexations, and the adoption of
plans and programs, shall be subject to the requirements of this chapter.
However, the department may, at its discretion, permit any studies or
evaluations required by this chapter to use methodologies and provide a
level of detail appropriate to the action proposed.
D. Activities within the Green River IV�tatural Resources Aarea shall be
subject to this chapter with the exception of activities allowed by
Resolution 922, adopted by the city of Kent in March 1981.
Sec. 11.06.040. Exemptions.
A. The following activities, when performed on sites containing critical
areas, or on sites that may affect critical areas, as defined by this chapter.
shall be exempt from these regulations.
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1. Conservation or preservation of soil, water, vegetation, fish,
and other wildlife that does not entail changing the structure or functions
oI the critical area.
2. Existing and ongoing agricultural activities, as defined in this
chapter.
3. Activities involving artificially created wetlands or streams
intentionally created from nonwetland sites, including, but not limited to,
grass -lined swales, irrigation and drainage ditches, retention or detention
facilities, and landscape features, except wetlands or streams created as
mitigation or that provide critical habitat for anadromous fish.
4. Operation, maintenance, repair, and reconstruction of existing
structurPc
, 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�ublic�
residential,. or commercial structures, facilities, and landscaping; provided,
however, that reconstruction of any structures-nraydoes not increase itsthe
reviet�spreexistinq footprint;_ and further provided, that the previsions e
his ehaptef are followed-.
6. The addition of floor area within an existing building w#i-el�that
does not increase the building footprint.
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7. Site investigative work and studies that are prerequisite to
preparation of an application for development including soils tests, water
quality studies, wildlife studies, and similar tests and investigations,
provided, however, that any disturbance of the critical area smustonly
be the absolute minimum necessary to carry out the work or studies.
8. Educational activities, scientific research, and outdoor
recreational activities, including but not limited to interpretive field trips,
birdwatching, boating, swimming, fishing, and hiking, that will not have a
significant effect on the critical area.
9. �e-f�Harvesting of wild crops and seeds to propagate native
plants in a manner that is not injurious to natural reproduction of such
crops, ted -provided the harvesting does not require tilling of soil, planting
of crops, or alteration of the critical area by changing existing topography,
water conditions, or water sources.
10. Emergency activities necessary to prevent an immediate
threat to public health, safety, property, or the environment which requires
immediate action within a time too short to allow full compliance with this
chapter as determined by the department.
11. Development of lots vested e�-d-�or legally created through a
subdivision, short subdivision, or other legal means and approved prior to
the effective date of the ordinance codified in this chapter; provided the
division of land was for a specified use, and that the development is
consistent with that approved use.
12. Removal of invasive plants and planting of native vegetation
in wetlands a-nd—or in wetland or stream buffers for the purpose of
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enhancing habitat values of these areas pursuant to an approved
mitigation plan.
13. Stabilization of sites where erosion or landsliding threatens
public or private structures, utilities, roadways, driveways, or publicly
maintained trails or where erosion or landsliding threatens any lake,
stream, wetland, or shoreline. Stabilization work shall be performed in a
manner which causes the least possible disturbance to the slope and its
vegetative cover. This activity shall be performed in accordance with
approved site stabilization plans.
14. Minor activities not mentioned above and determined in
advance and in writing by the director to have minimal impacts to a critical
area.
6. Notwithstanding the exemptions provided by this section, any
otherwise exempt activities occurring in or near a critical area or its buffer
shall comply with the intent of these standards and shall consider onsite
alternatives that avoid or minimize significant adverse impacts. Emergency
activities shall mitigate for any impacts caused to critical areas upon
abatement of the emergency.
C. With the exception of emergency actions, -existing and ongoing
agricultural activities, and educational and recreation activities that will not
have a sicinificant effect on.a critical area, no property owner or other
entity shall undertake exempt activities prior to providing fourteen {44}
days' notice to the director and receiving confirmation in writing that the
proposed activity is exempt. In case of any question as to whether a
particular activity is exempt from the provisions of this section, the
director's determination shall prevail and shall be confirmed in writing.
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D. Legally established uses, developments, or structures that are
nonconforming solely due to inconsistencies with the provisions of this
chapter shall not be considered nonconforming pursuant to KCC
15.08.100. Reconstruction or additions to existing structures ..that
intrude into critical areas or their buffers shall not increase the amount of
such intrusion except as provided by KCC 11.06.100(A). Once a
nonconforming use is discontinued for a period of six months,
that use cannot be reestablished.
E. The exemptions established by this section shall apply only to
activities that are otherwise permitted by federal, state, andfar local laws.
Sec. 11.06.045. Review and inspection fees. The city council
shall, by resolution, establish the fees to be assessed to implement and
operate the regulations adopted in this chapter. The resolution may require
that certain fees be pre -paid andfer designated to be nonrefundable
because staff time and materials will be expended whether or not the
permit applied for is approved by the city or pulled by the applicant. In the
event of any conflict or ambiguity regarding any fees authorized under this
chapter and established by council resolution, the publie-war director is
authorized to interpret the applicable fee schedulefs to resolve that
conflict or ambiguity.
Sec. 11.06.050. Critical areas maps. The approximate location
and extent of critical areas within the city are shown on the critical areas
inventory maps. TheseExcept as provided in KCC 11.06.030.A, these maps
shall be used for informational purposes and as a general guide only, for
the assistance of property owners and other interested parties; the
boundaries and locations shown are generalized. The actual presence or
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absence, type, extent, boundaries, and classification of critical areas on a
specific site shall be identified in the field by a qualified censultant
professional and confirmed by the department, according to the
procedures, definitions, and criteria established by this chapter. In the
event of any conflict between the critical area location or designation
shown on the city's maps and the criteria or standards of this chapter, the
criteria and standards shall prevail. Maps are adopted pursuant to this
inspection upon request.
Sec. 11.06.060. Relationship to other regulations.
A. These critical area regulations shall apply as an overlay and in
addition to zoning, land use, and other regulations established by the city
of Kent. In the event of any conflict between these regulations and any
other city regulations, those regulations which provide greater protection
to environmentally critical areas shall apply, as determined by the director.
B. Areas characterized by specific critical areas may also be subject to
other regulations established by this chapter due to the overlapping or
multiple functions of some critical areas. Wetlands, for example, may be
defined and regulated according to the wetland, wildlife habitat, and
stream management provisions of this chapter. In the event of any conflict
between regulations for particular critical areas in this chapter, the
regulations which provide greater protection to environmentally critical
areas shall apply, as determined by the director.
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and Wildlife hydraulic project approval (HPA), Army Corps of Engineers
Section 404 permits, Ecology Section 401 permits and National Pollution
processes established in this chapter.
Sec. 11.06.070. Critical area review process and application
requirements.
A. Pre -application conference.
,Tthe applicant is encouraged to meet with the
city prior to submitting an application, as described in the pre -application
guidelines of Chapter 12.01 KCC.
�2. The purpose of these meetings shall be to discuss the city's
critical area requirements, processes, and procedures; to review any
conceptual site plans prepared by the applicant; to identify potential
impacts to critical areas and appropriate mitigation measures; and to the
extent it can be determined, generally inform the applicant of any known
federal or state regulations or approvals applicable to the subject critical
area. Such conference shall be for the convenience of the applicant, shall
not constitute legal advice or scientific opinion, and any recommendations
shall not be binding on the applicant or the city. It shall be the applicant's
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sole responsibility to identify and secure all necessary permits from any
agencies with jurisdiction notwithstanding that the city of Kent may also
have the authority to issue a permit.
B. Application requirements.
1. Timing of submittals. Concurrent with submittal of a SEPA
checklist, or concurrent with submittal of an application for projects
exempt from SEPA, a critical area report must be submitted to the city for
review. The purpose of the report is to determine the extent,
characteristics, and functions of any critical areas located on or potentially
affected by activities on a site where regulated activities are proposed. The
report will also be used by the department to determine the appropriate
critical area rating or classification, where applicable, and to establish
appropriate buffer requirements.
2. Report contents. Reports and studies required to be submitted
by this chapter shall contain, at a minimum, the -information
indicated in
the subsequent sections of ttaeli aeff.s-fie this chapter applicable to each
critical area,, and the following:
cleared and
a The name and contact information of the applicant, a
b Addresses and parcel numbers of the critical areas;
c A maw, to scale depicting critical areas buffers, flag
and test �t numbers the development proposal and any
areas to be
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alterations.
d5 A description of the proposed stormwater management
eff The names and quacations of all peoV-
9 as well as the dates on which fieldwork took place;
f Identification and characterization of all critical areas,
wetlandswater bodies and buffers adjacent to the proposed proiect area;
g A statement specifying the accuracy of the report, and
all assumptions made and relied upon;
site;
h An assessment of the probable impacts to critical areas
i A descrytion of reasonable efforts made to apply
mitigate impacts to critical areas;
j Plans for adequate miti aq tion, as needed to offset any
i The impacts of aniproposed development within
or adjacent to a critical area or buffer on the critical area, and the
potential adverse impact of a critical area to the development; and
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ii The impacts of any proposed alteration of a
critical area or buffer on the development proposal other properties and
thC environment:
k9 A discussion of the performance standards applicable
to the critical area and all proposed activity:
I Financial guarantees in a form and for an amount
acceptable to both the director and the city attorney, to ensure
compliance; and
m A� additional information required for the critical area
as �ecified in the corresponding chapter.
3 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.
4 Unless otherwise provided, a critical area report may be
supplemented by or composed in whole or in part of any reports or
studies required by other laws and regulations or previously prepared for
and applicable to the development proposal site as approved by the
director.
5 The director may require additional information to be included
in the critical area report when the director deems it to be necessary for
proper review of the proposed activity in accordance with this Title.
Additional information that may required includes, but is not limited to.
y
a Historical data, including original and subsequent
mapping; aerial photoaraphs� data compilations and summaries; and
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available reports and records relating to the site or past operations at the
site;
b9 Gradin and drainage plans; and
ca rmation specc to the -Y- V. location and nature of
the critical area involved.
C. Critical area � ��"��'"'professionals - Qualifications and city
review. All reports and studies required of the applicant by this section
shall be prepared by a qualified t-ar,iprofessional as defined in these
regulations. The depa Ftrne ntdirector may, at +tithe director's discretion,
retain a qualified eensultant. professional to review and confirm the
applicant's reports, studies, and plans. Such review shall be paid for by the
applicant.
D. Review process. This section is not intended to create a separate
critical area review permit process for development proposals. To the
extent possible, the city shall consolidate and integrate the review and
processing of critical area -related aspects of proposals with other land use
and environmental considerations, reviews, and approvals. Any permits
required by separate codes or regulations, such as shoreline substantial
development permits, shall continue to be required.
Sec. 11.06.080. Procedural provisions.
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A. Interpretation and conflicts. The directoref
Wher shall have the authority to administer the provisions of
this chapter, to make determinations with regard to the applicability of the
regulations, to interpret the intent of unclear provisions, to require
additional information, to determine the level of detail and appropriate
methodologies for critical area reports and studies, to prepare application
and informational materials as required, and to promulgate procedures and
rules for unique circumstances not anticipated by the standards and
procedures contained within this chapter.
B. Penalties and enforcement. Compliance with these regulations and
penalties for their violation shall be enforced pursuant to the procedures
set forth in Glq�.Chapter 1.04 KCC.
C. Appeals from critical area review decisions. Appeals from critical
area review decisions shall be governed by the procedures set forth in KCC
12.01.190 and Gl=i-7Chapter 2.32 KCC.
D. Burden of proof. The burden of proving that a proposed activity
meets the standards established by this chapter shall be on the applicant.
Sec. 11.06.090. Reasonable use provision.
A. The standards and requirements of these regulations are not
intended, and shall not be construed or applied in a manner, to deny all
reasonable use of private property. If an applicant demonstrates to the
satisfaction of the hearing examiner that strict application of these
standards would deny all reasonable use of a property, development may
be permitted subject to appropriate conditions.
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B. Applications for a reasonable use exception shall be processed as a
Process III application, pursuant to Chapter 12.01 KCC.
C. An applicant requesting relief from strict application %J these
standards shall demonstrate that all of the following criteria are met.
1. No reasonable use with less impact on the critical area and its
buffer is possible.
2. There is no feasible and reasonable onsite alternative to the
activities proposed, considering possible changes in site layout, reductions
in density, and similar factors that would allow a reasonable economic use
with fewer adverse impacts.
3. The proposed activities, as conditioned, will result in the
minimum possible impacts to affected critical areas, considering their
functions and values andfer 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, stteR
as b ncluding butnot limited to segregating or dividing the property afr d
amain a manner that created an undevelopable condition, or
exacerbating an existing condition to such a degree that reasonable
economic use is no longer possible under the terms of this chapter.
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6. The applicant adequately undertook reasonable efforts to
acquire sufficient knowledge of existing limitations on the subiect property
at the time when the applicant acquired the.propertys For purposes of this
section "reasonable efforts" includes but is not limited to: visual
comparable in terms of size location, zoning and access.
7. Any alteration of a critical area approved under this section
shall be subject to appropriate conditions and will require mitigation under
an approved mitigation plan.
D No reasonable use implication shall be approved if the city can
demonstrate by a preponderance of the evidence that the applicant had
actual or constructive knowledge of existing conditions at any time prior
to the applicant's acquisition of the subject property, that would
expectations in acquiring the subject property.
�E. Approval of a reasonable use exception shall not eliminate the need
for any other permit or approval otherwise required for a proposal by
applicable city regulations.
Sec. 11.06.100. Variances.
A. Applications for variances from the strict application of the terms of
this chapter to a specific property may be submitted to the city. All
variances except administrative variances per subsection (B) of this section
shall be considered by the hearing examiner as a Process III application,
pursuant to4(GGChapter 12.01:-94
8: KCC. Approval of variances from the
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strict application of the critical area requirements shall be consistent with
the following criteria:
1. There are unique physical conditions peculiar and inherent to
the affected property w-kriU�rthat makes it difficult or infeasible to strictly
comply with the provisions of this chapter.
2. The variance is the minimum necessary to accommodate the
building or structure footprint and access.
3. The proposed variance would preserve the functions and
values of the critical area, andfer the proposal does not create or increase
a risk to the public health, safety, and general welfare, or to public or
private property.
4. The proposed variance would not adversely affect properties
surrounding the subject site.
5. Adverse impacts to critical areas resulting from the proposal
are minimized.
6. The special circumstances or conditions affecting the property
are not a result of the actions of the applicant or previous owner.
7. The variance shall not constitute a grant of special privilege.
B. Other minor buffer modifications may be permitted by the director,
as outlined in the provisions of this chapter.
Article II. Definitions
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Sec. 11.06.105. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meaning ascribed to
them in this article, except where the context clearly indicates a different
meaning.
Sec. 11.06.110. Applicability. The definitions contained in this
chaFter are those that are generally used throughout this code, except for
those definitions specified in Gh-&-..Chapters 14.09 KCC and 15.02 KCC,
which are specific to those respective sections and chapters.
Sec. 11.06.115. Adjacent wetland. Adjacent wetland means a
wetland bordering, contiguous to, or neighboring a river, stream, or lake.
Sec. 11.06.120. Applicant. Applicant means the person, party,
firm, corporation, or other entity that proposes or has performed any
activity that affects or may affect a critical area or potential critical area, or
its buffer.
Sec. 11.06.125. Aquifer. Aquifer is, generally, any water bearing
soil unit or geologic formation. Specifically, a body of soil unit or geologic
formation that contains sufficient saturated permeable material to conduct
groundwater and yield economically significant quantities of groundwater
to wells or springs.
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.
25 KCC 11,06
Critica/Areas
Ordnance
Sec. 11.06.135. Aquifer vulnerability. Aquifer vulnerab///ty
means the combined effect of aquifer susceptibility and contaminant
loading potential: it includes hydrogeologic, land use, and other factors
that affect the potential for groundwater contamination.
Sec. 11.06.140. Artificially created wetland. Artificially created
wetland means a wetland created from nonwetland sites through
purposeful, legally authorized human action, including but not limited to
irrigation and drainage ditches, grass -lined swales, canals, retention or
detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities.
Sec. 11.06.145. Best available science (BAS). Best available
science (BAS) is the current scientific information used in the process to
designate, protect, or restore critical areas, that is derived from a valid
scientific process as defined by WAC 365-195-900 through 365-195-925,.
as amended.
Sec. 11.06.150. Best management practices (BMPs). Best
management practices (BMPs) means the conservation practices or
systems of practices and management measures that: (1) control soil loss
and reduce water quality degradation caused by nutrients, animal waste,
toxics, and sediments and (2) minimize adverse impacts to surface water
and groundwater flow, circulation patterns, and to the chemical, physical,
and biological characteristics of critical areas.
Sec. 11.06.155. Bog. Bog means a wet, sponger poorly -drained
area that is usually rich in vel specialized Pla"LZ)r such as acidophilic
mosses particularly sphagnum; contains a high percentage of organic
remnants and residues;
and frequently is associated with a spring,
26 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.160. Buffer or buffer area. Buffer or buffer area is a
vegetated zone contiguous to and surrounding a critical area that protects
the critical area from adverse impacts to its integrity and value. Buffers are
necessary for the continued maintenance, function, ander structural
stability of a critical area, and are an integral part of the resource's
ecosystem. Buffers may either be enhanced a-F*or revegetated^or both,
where they are degraded or as part of a mitigation program. Buffers shall
be measured perpendicular from the edge of the critical area.
Sec. 11.06.165. Building setback line (BSBL). Building setback
line (BSBL) means an area in which structures, including but not limited to
sheds, homes (including overhangs), buildings, and awnings shall not be
permitted within, or allowed to project into, a critical area buffer. Roads,
parking areas, uncovered at -grade decks, patios, lawns, and landscaping
are permitted within the BSBL.
Sec. 11.06.170. Clearing. Clearing means the removal of timber,
brush, grass, ground cover, or other vegetative matter from a site,
which
exposes the earth's surface of the site, or any actions wftiekrthat disturb
the existing ground surface.
2� KCC 11.06
Critical Areas
Ordinance
►RWIc.0&"WJMy�il.�iin
NI 0 MAWALWALM IN- LU- :i:L:A mow.=l LIM IM LWAMAiI111
Sec. 11.06.160. Buffer or buffer area. Buffer or buffer area is a
vegetated zone contiguous to and surrounding a critical area that protects
the critical area from adverse impacts to its integrity and value. Buffers are
necessary for the continued maintenance, function, ander structural
stability of a critical area, and are an integral part of the resource's
ecosystem. Buffers may either be enhanced a-F*or revegetated^or both,
where they are degraded or as part of a mitigation program. Buffers shall
be measured perpendicular from the edge of the critical area.
Sec. 11.06.165. Building setback line (BSBL). Building setback
line (BSBL) means an area in which structures, including but not limited to
sheds, homes (including overhangs), buildings, and awnings shall not be
permitted within, or allowed to project into, a critical area buffer. Roads,
parking areas, uncovered at -grade decks, patios, lawns, and landscaping
are permitted within the BSBL.
Sec. 11.06.170. Clearing. Clearing means the removal of timber,
brush, grass, ground cover, or other vegetative matter from a site,
which
exposes the earth's surface of the site, or any actions wftiekrthat disturb
the existing ground surface.
2� KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.180. Compensatory mitigation. Compensatory
mitigation means restoration (re-establishment or rehabilitation).
establishment (creation), enhancement, and, in certain circumstances,
D
1. Restoration means actions performed to reestablish stream or
wetland functional characteristics and processes, which have been lost by
alterations, activities, or catastrophic events within an area w-19- that no
longer meets the definition of a stream or wetland.
2. ,—Establishment means actions performed to intentionally
esta rcreate a wetland at a site where it did not formerly exist.
3. Enhancement means actions performed to improve the condition of
existing wetlands or riparian areas so that the functions they provide are
of a higher quality.
Sec. 11.06.185. Comprehensive plan. Comprehensive plan
includes adopted subarea plans.
28 KCC 11.06
Critical Areas
Ordinance
-
' ' •�:.� :.:u.R :ur�����:�w[..wa:�•Iv.w:mow:►��ii
i•_I��
Sec. 11.06.180. Compensatory mitigation. Compensatory
mitigation means restoration (re-establishment or rehabilitation).
establishment (creation), enhancement, and, in certain circumstances,
D
1. Restoration means actions performed to reestablish stream or
wetland functional characteristics and processes, which have been lost by
alterations, activities, or catastrophic events within an area w-19- that no
longer meets the definition of a stream or wetland.
2. ,—Establishment means actions performed to intentionally
esta rcreate a wetland at a site where it did not formerly exist.
3. Enhancement means actions performed to improve the condition of
existing wetlands or riparian areas so that the functions they provide are
of a higher quality.
Sec. 11.06.185. Comprehensive plan. Comprehensive plan
includes adopted subarea plans.
28 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.190. Contaminant loading potential. Contaminant
loading potential means the availability within an aquifer recharge area of
any potential physical, chemical, biological, or radiological substance that
enters the hydrological cycle and may cause a deleterious effect on
groundwater resources.
Sec. 11.06.193. Corridor. Corridor means a continuous strip of
undisturbed vegetation connecting two {2)—critical areas, protected in
perpetuity from development via a restrictive covenant in the form of a
conservation easement, sensitive area easement, or sensitive area tract.
Sec. 11.06.195. Creation of critical areas. Creation of critical
areas means the purposeful and legally authorized construction or forming
of a wetland or stream from an upland (nonwetland or dry) site through
artificial means.
Sec. 11.06.200. Critical area
area. Critical area means an area that
possesses important natural functions and embodies a variety of important
natural and community values. Such areas include wetlands, streams, fish,
and wildlife habitat, geologic hazard areas, critical aquifer recharge areas,
and flood hazard areas. If not conducted properly, development or
alteration of such areas may cause significant impacts to the valuable
functions and values of these areas andfer may generate risks to the
public health and general welfare, af&Vor to public and private property.
Sec. 11.06.205. Critical area report. Critical area report means
a report prepared by a qualifiedcens a" P, to determine the
2g KCC 11.06
Critical Areas
Ordinance
presence, type, class, size, function, arfetor value of an area subject to
these regulations.
Sec. 11.06.210. Critical aquifer recharge areas. Critical aquifer
recharge areas means areas designated wellhead protection areas
pursuant to adopted wellhead protection plans the l late ' fixed
adius n9ethed, susceptible groundwater areas pursuant to Chapter 173-
100 WAC, and special protection areas pursuant to WAC 173-200-090.
Sec. 11.06.215. Critical facilities. Critical facilities means those
facilities necessary to protect the public health, safety, and general welfare
which are defined under the occupancy categories of essential facilities and
special occupancy structures in the International Building Code, as the
same may be amended
30 KCC 11.06
Critical Areas
Ordinance
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=e��=_•�__=��i.:�a..Or.
RMPILIql
ago
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rM a
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30 KCC 11.06
Critical Areas
Ordinance
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16
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30 KCC 11.06
Critical Areas
Ordinance
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=e��=_•�__=��i.:�a..Or.
30 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.225. Dedication. Dedication means conveyance of
land 44
by deed, easement, or other
legal instrument of conveyance.
Sec. 11.06.227. Degraded wetland buffer. Degraded wetland
buffer means a buffer area which cannot adequately protect its adjacent
wetland due to one (4 -)—or more of the following existing conditions: (1)
lack %J vegetative cover or presence of bare soils (resulting from
disturbance, fill, debris, or trash); (2) significant cover (over fifty fSA9
percent) in nonnative vegetation; (3) significant cover (over fifty (5-14}
percent) in invasive species or noxious weeds, or (4) presence of existing
nonconforming structures or improvements.
Sec. 11.06.230. Delineation manual or wetland delineation
manual/methodology. Delineation manual or wetland delineation
manual/methodology means the manual and methodology used for the
identification of wetlands and delineation of their boundaries pursuant to
forth in WAC 173�22�035, as amended. to identify wetlands in th-e4i-e
..
=64WINJ
IP
Sec. 11.06.235. Department. Department means the city of Kent
department of c�economic and community development or
successor agency, unless the context indicates a different city department.
31 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.240. Director. Director means the ,.�iFeeter of the city
of Kent economic and community development
director or erthe director's designee.
Sec. 11.06.245. Earth/earth material. Earth/earth material
means thi -naturally occurring rock, soil, stone, sediment, sand, or pM
combination thereof.
Sec. 11.06.250. Elevated construction. Elevated construction
means a construction technique that employs posts or pilings to raise a
structure so that waters can flow freely beneath the structure.
Sec. 11.06.255. Emergent wetland. Emergent wetland means a
wetland with at least thirty {39 -}-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.
32 KCC 11.06
Critical Areas
ordinance
Sec. 11.06.270. Erosion hazard areas. Erosion hazard areas
means areas within the city of Kent underlain by soils which are subject to
severe erosion when disturbed. Such soils include, but are not limited to,
those delineated in the "Soil Survey, King County Area, Washington"
(USDA, 1973) as having a moderate to severe, severe, or very severe
erosion hazard potential. These soils consist of the following: Alderwood
gravelly sandy loam, fifteen (15) to thirty (30) percent slopes (AgD),
Alderwood and Kitsap soils, very steep (AkF)I Arents, Alderwood Material,
six (6) to fifteen (15) percent slopes (AmC); Beausite gravelly sandy loam,
fifteen (15) to thirty (30) percent slopes (BeD); Beausite gravelly sandy
loam, forty (40) to seventy-five (75) percent slopes (BeF), Everett gravelly
sandy loam, fifteen (15) to thirty (30) percent slopes (EvD); Indianola
loamy fine sand, fifteen (15) to thirty (30) percent slopes (InD), Kitsap silt
loam, eight (8) to fifteen (15) percent slopes (KpC); Kitsap silt loam,
fifteen (15) to thirty (30) percent slopes (KpD); Ovall gravelly loam, fifteen
(15) to twenty-five (25) percent slopes (OvD); Ovall gravelly loam, forty
(40) to seventy-five (75) percent slopes (OvF), Pilchuck loamy fine sand
(Pc); Ragnar fine sandy loam, fifteen (15) to twenty-five (25) percent
slopes (RaD); Ragnar-Indianola association, moderately steep (RdE); and
Riverwash (Rh).
Sec. 11.06.275. Essential habitat.. Essential habitat means
habitat necessary for the survival of federally listed threatened,
endangered, -an -d or sensitive species, and state -listed priority species.
Sec. 11.06.280. Excavation. Excavation means the removal or
displacement of earth material by human or mechanical means.
Sec. 11.06.285. Existing and ongoing agricultural activities.
Existing and ongoing agricultural activities includes those activities
33 KCC 11.06
Critical Areas
Ordinance
conducted on lands defined in RCW 84.34.020(2), as amended, and those
activities involved in the production of crops and livestock provided that
such activity was actively being conducted. Such aetivity must have been
tn xisten^^ as of the effective date of the ordinance codified in this
chapter. The definition includes, but is not limited to_ operation and
maintenance of farm and stock ponds or drainage ditches;41 irrigation
systems;.L changes between agricultural activities or crops; and normal
operation, maintenance, or repair of existing serviceable structures,
facilities, or improved areas. Activities tthat bring an area into
agricultural use from a previous nonagricultural use are not considered
part of an ongoing activity. An operation ceases to be ongoing when the
area on which it was conducted is proposed for conversion to a
nonagricultural use or has Iain idle for a period longer than five
{s -}consecutive years, unless the idle land is registered in a federal or state
soils conservation program. Forest practices are not included in this
definition.
Sec. 11.06.295. Fen. Fen means a peat -accumulating wetland
that receives some drainage from surrounding mineral soil and usually
supports marsh -like vegetation.
Sec. 11.06.300. Fill/fill material. Fill/fill material means a deposit of
earth or other material placed by human or mechanical means. Earth
material is defined in KCC 11.06-245, Other material may include, but is
not limited to plastics construction debris, wood chips overburden from
excavation activities, or materials used to create any structure or
infrastructure.
34 KCC 11.06
Critical Areas
Ordinance
MF
MW 2 MW AVM
MTPMIM
Sec. 11.06.295. Fen. Fen means a peat -accumulating wetland
that receives some drainage from surrounding mineral soil and usually
supports marsh -like vegetation.
Sec. 11.06.300. Fill/fill material. Fill/fill material means a deposit of
earth or other material placed by human or mechanical means. Earth
material is defined in KCC 11.06-245, Other material may include, but is
not limited to plastics construction debris, wood chips overburden from
excavation activities, or materials used to create any structure or
infrastructure.
34 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.305. Filling. Filling means the act of transporting or
placing (by any manner or mechanism) fill material from, to, or on any
surface water body or wetland, soil surface, sediment surface, or other fill
materialI
Sec. 11.06.307. Fish and wildlife habitat conservation area.
Fish and wildlife habitat conservation area means and includes the
following: habitat where federally and state endangered threatened, and
areas associated with state prioritLY species; habitats and areas associated
occurring ponds less that twen� acres and their submerged aquatic beds,
which provide fish or wildlife habitat; and waters of the state.
Sec. 11.06.310. Forested wetland. Forested wet/and means a
wetland defined by the Cowardin system with at least thirty {-3-A
-percent
of the surface area covered by woody vegetation greater than twenty {2-A)
feet in height that is at least partially rooted in the wetland.
Sec. 11.06.315. Functions, beneficial functions, or functions
and values. Functions, beneficial functions, or functions and values
means the beneficial roles served by wetlands including, but not limited to,
water quality protection and enhancement, fish and wildlife habitat, food
chain support, flood storage, conveyance and attenuation, groundwater
recharge and discharge, erosion control, wave attenuation, historical and
archaeological and aesthetic value protection, and recreation. These
beneficial roles are not listed in order of priority.
35 KCC 21.06
Critical Areas
Ordinance
Sec. 11.06.320. Geologic hazard areas. Geologic hazard areas
means lands or areas characterized by geologic, hydrologic, hydrogeologic,
vegetative and topographic conditions that render them susceptible to
varying degrees of potential risk of landslides, erosion, or seismic or
volcanic activity, and areas characterized by geologic hydrogeologic and
hydrologic conditions that make them vulnerable to contamination of
groundwater supplies through infiltration of contaminants to aquifers.
Sec. 11.06.325. Grading. Grading means any excavating, filling,
clearing, leveling, movement or redistribution of the ground
surface by human or mechanical means.
Sec. 11.06.330. Growing season. Growing season means the
average frost -free period of the year in Kent as recorded in National
Oceanic and Atmospheric Administration Frost/Freeze Data from
Climatology of the U.S., No. 20, supplement No. 1, or in equivalent U.S.
government agency records. Growing season, for the purposes of these
regulations, may be considered to be the period from March 1st through
October 31st of any calendar year.
Sec. 11.06.335. Habitat management. Habitat management
means management of land and its associated resources/features to
maintain species in suitable habitats within their natural geographic
distribution so that isolated subpopulations are not created. This does not
imply maintaining all habitat or individuals of all species in all cases.
Sec. 11.06.340. Hydric soil. Hydric soi/ means soil that is
saturated, flooded, or ponded long enough during the growing season to
develop anaerobic conditions in the upper part. The presence of hydric soil
shall be determined following the methods described in the federal manual.
36 KCC 21.06
Critical Areas
Ordinance
Sec. 11.06.350. Hydrophytic vegetation. Hydrophytic vegetation
means macrophytic plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of excessive water content.
The presence of hydrophytic vegetation shall be determined following the
methods described in the federal manual.
Sec. 11.06.355. In-kind compensation or mitigation. In-kind
compensation or mitigation means replacement of wetlands or other
critical areas with substitute wetlands or resources whose characteristics
closely approximate those destroyed or degraded by a regulated activity.
Sec. 11.06.357. Inundation Zone. Inundation zone means an
within the city.
Sec. 11.06.360. Intentionally created streams. Intentionally
created streams means manmade streams created through purposeful
human action, such as irrigation and drainage ditches, grass -lined swales,
and canals. This definition does not include stream modifications
37
KCC 11.06
Critical Areas
Ordinance
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, for other evidence. Intentionally created
streams are excluded from regulation under this chapter, except manmade
streams that provide critical habitat," as designated by federal or state
agencies, for anadromous fish.
Sec. 11.06.363. Isolated Wetlands. Isolated wetlands means
those wetlands that are outside of and not contiguous to anv 100 -year
floodplain of a lake river or stream, and which have no contiguous hydric
soil or hydrophy is vegetation between the wetland and any surface water,
including other wetlands Any project involving filling or altering an
P
solated wetland is subject to regulation by the State Department of
Ecolog�r under the Water Pollution Control Act, Chapter 90.48 RCW, as
amended in addition to this chapter. While wetland fill is also regulated by
the U.S, Armor Corps of Engineers under the Federal Clean Water Act,
isolated wetlands are not subject to federal review.
Sec. 11.06.365. Lahar. Lahar means mudflows or debris flows
associated with volcanic activity, afv
d-which pose a threat to life, property;
mor 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
means and includes:
38 KCC 11.06
Critical Areas
Ordinance
1. Any existing active or dormant landslide or debris flow that has
shown movement during the Holocene epoch (from ten thousand f1G,- GG
years ago to the present) or that afeis underlain or covered by mass
wastage debris of that epoch.
2. Areas delineated in the Soil Survey, King County Area, Washington
(USDA, 1973) as having a "severe"' limitation for building site
development. These soils consist of the following: Alderwood gravelly
sandy loam, fifteen (15) to thirty (30) percent slopes (AgD)s Alderwood
and Kitsap soils, very steep (AkF); Beausite gravelly sandy loam, fifteen
(15) to thirty (30) percent slopes (BeD); Beausite gravelly sandy loam,
forty (40) to seventy-five (75) percent slopes (BeF); Everett gravelly
sandy loam, fifteen (15) to thirty (30) percent slopes (EvD); Indianola
loamy fine sand, fifteen (15) to thirty (30) percent slopes (InD); Kitsap silt
loam, eight (8) to fifteen (15) percent slopes (KpC); Kitsap silt loam,
fifteen (15) to thirty (30) percent slopes (KpD); Ovall gravelly loam, fifteen
(15) to twenty-five (25) percent slopes (OvD); Ovall gravelly loam, forty
(40) to seventy-five (75) percent slopes (OvF); Ragnar fine sandy loam,
fifteen (15) to twenty-five (25) percent slopes (RaD), and Ragnar-
Indianola
association, moderately steep (RdE).
3. Areas designated as quaternary slumps, earth flows, mudflows, or
landslides on maps published by the U.S. Geological Survey, Washington
Department of Natural Resources,-- geologic consultant reports
completed for the city of Kent�or as identified on LIDAR maps completed
for the city of Kent.
4. Areas with all three of the following characteristics: slopes steeper
than fifteen Vlb} percent; slopes intersecting granular material over silts or
39 KCC 11.06
Critical Areas
Ordinance
clays, and springs or groundwater seepage or evidence of seasonal springs
or groundwater seepage.
5. Slopes that are parallel or subparallel to planes of weakness (such
as bedding planes, joint systems,
materials.
and fault planes) in subsurface
6. Slopes subject to failure during seismic shaking.
7. Areas potentially unstable as a result of rapid stream incision or
stream bank erosion.
8. Areas located in a canyon or on an active alluvial fan, presently or
potentially subject to inundation by debris flows or catastrophic flooding.
9. Any area with a slope of forty {48 -3 -percent or steeper and with a
vertical relief of ten fIG)-or more feet. A slope is delineated by establishing
its toe and top and measured by averaging the inclination over ten fID
feet of vertical relief.
Sec. 11.06.380. Mitigation Sequencing. Mitigation Seguencing
means that applicants shall demonstrate that all reasonable efforts have
been examined with the intent to avoid and minimize impacts to critical
areas When an alteration to a critical area is proposed such an alteration
shall be avoided minimized, or compensated for in the following sequential
order of preference, pursuant to WAC 197-11-768 as amended.
40 KCC 11.06
Critical Areas
Ordinance
1R Avoiding the impact altogether by not taking a certain action or
parts of actions.
2. Minimizing impacts by limiting the degree or magnitude of the action
and its implementation.
3. Rectifying the impact by repairing, rehabilitating, or restoring the
affected environment.
4. Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action.
S. Compensating for the impact by replacing or providing substitute
resources or environments.
6. The enhancement, restoration, or creation of critical areas as
compensation for impacts resulting from development activities.
While monitoring without additional actions is not considered mitigation for
the purposes of these regulations, it may be part of a comprehensive
mitigation program.
Also see KCC 11.06.180, �Compensatory mitigation."
Sec. 11.06.385. Native vegetation. Native vegetation means
plant species indigenous to the Puget Sound region that could occur or
could have occurred naturally on the site, which are or were indigenous to
the area in question.
41 KCC 11.06
Critical Areas
Ordinance
exclusions of certain Wipes of ponds from regulation.
Sec. 11.06.390. Offsite mitigation. Offsite mitigation means
performance of mitigation actions, pursuant to standards established in
this chapter, on a site or in an area other than that proposed for conduct
of a regulated activity.
Sec. 11.06.395. Onsite mitigation/compensation. Onsite
mitigation/compensation means replacing wetlands or other resources at
or adjacent to the site on which a wetland or other resource has been
+mpaetedadversely affected by a regulated activity.
Sec 11 06 397 Ordinary high water mark Ordinary high water
q.2 KCC i L 06
Critica/Areas
Ordinance
M
0
- :. NILWL��
&%go
RWW I RON
NNNNN E L
of
a WR L� a
a
0�2==%
==2111111M= �^mrml�w2v�
exclusions of certain Wipes of ponds from regulation.
Sec. 11.06.390. Offsite mitigation. Offsite mitigation means
performance of mitigation actions, pursuant to standards established in
this chapter, on a site or in an area other than that proposed for conduct
of a regulated activity.
Sec. 11.06.395. Onsite mitigation/compensation. Onsite
mitigation/compensation means replacing wetlands or other resources at
or adjacent to the site on which a wetland or other resource has been
+mpaetedadversely affected by a regulated activity.
Sec 11 06 397 Ordinary high water mark Ordinary high water
q.2 KCC i L 06
Critica/Areas
Ordinance
as it may change thereafter in accordance with permits issued by the city
of Kent or Department of Ecology; provided, however, that in any area
where the ordinary high water mark cannot be found the ordinary high
water mark adjoining fresh water shall be the line of mean high water.
Sec. 11.06.400. Out -of -kind mitigation. Out -of --kind mitigation
means replacement of wetlands or habitat with substitute wetlands or
habitat whose characteristics do not closely approximate those adversely
affected, destroyed, or degraded by a regulated activity.
Sec. 11.06.405. Permanent erosion control. Permanent erosion
control means continuous onsite and offsite control measures that are
needed to control conveyance or deposition of earth, turbidity, or
pollutants after development, construction, or restoration.
Sec. 11.06.410. Plant association of .infrequent occurrence.
Plant association of infrequent occurrence means one {4 -
3 -or more plant
species, which because of the rarity of the habitat a-rWor the species
involved, or for other botanical or environmental reasons, do not often
occur in the city of Kent. Examples include but are not limited to.
1. Wetlands with a coniferous forested class or subclass consisting of
trees such as western red cedar, Sitka spruce, or lodge pole pine growing
on organic soils;
2. Bogs with a predominance of sphagnum moss, or those containing
sphagnum moss, and typically including one t± -)-or more species such as
Labrador tea, sundew, bog laurel, or cranberry.
43 KCC 11.06
Critica/Areas
Ordinance
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—teof a negative
effect on critical areas. It may involve using an alternative site in the
general region that is available to the applicant and may feasibly be used
to accomplish the project.
Sec. 11.06.425. Priority habitat/species, or priority wildlife
habitat/species. Priority habitat/species, or priority wildlife
habitat/species means habitats and species of local importance and
concern in urban areas, as identified by the Washington Department of
Fish and Wildlife priority habitat and species (PHS) program. "Priority
species" are wildlife species of concern due to their population status and
their sensitivity to habitat alteration. "Priority habitats" are areas with one
f: )-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; a-r*or high vulnerability. General types of
priority habitat identified in the PHS program - some of which do not occur
44 KCC 11.06
Critical Areas
Ordinance
—
i�ic�n�qi:�i►a.�.igi:i:�.ii.��uiw�:��iii3.
::.::.� ��r�:i .�.==:e=:=.. � _
Mvp
maw="
mom
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—teof a negative
effect on critical areas. It may involve using an alternative site in the
general region that is available to the applicant and may feasibly be used
to accomplish the project.
Sec. 11.06.425. Priority habitat/species, or priority wildlife
habitat/species. Priority habitat/species, or priority wildlife
habitat/species means habitats and species of local importance and
concern in urban areas, as identified by the Washington Department of
Fish and Wildlife priority habitat and species (PHS) program. "Priority
species" are wildlife species of concern due to their population status and
their sensitivity to habitat alteration. "Priority habitats" are areas with one
f: )-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; a-r*or high vulnerability. General types of
priority habitat identified in the PHS program - some of which do not occur
44 KCC 11.06
Critical Areas
Ordinance
—
i�ic�n�qi:�i►a.�.igi:i:�.ii.��uiw�:��iii3.
::.::.� ��r�:i .�.==:e=:=.. � _
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—teof a negative
effect on critical areas. It may involve using an alternative site in the
general region that is available to the applicant and may feasibly be used
to accomplish the project.
Sec. 11.06.425. Priority habitat/species, or priority wildlife
habitat/species. Priority habitat/species, or priority wildlife
habitat/species means habitats and species of local importance and
concern in urban areas, as identified by the Washington Department of
Fish and Wildlife priority habitat and species (PHS) program. "Priority
species" are wildlife species of concern due to their population status and
their sensitivity to habitat alteration. "Priority habitats" are areas with one
f: )-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; a-r*or high vulnerability. General types of
priority habitat identified in the PHS program - some of which do not occur
44 KCC 11.06
Critical Areas
Ordinance
in the city of Kent - include Aspen stands, cliffs, meadows, oak woodlands,
old-growth/mature forests, riparian areas, shrub -steppe, snag -rich areas,
and wetlands.
Sec. 11.06.430. Qualified professional. Qualified
��E�professional means a person with experience and training in the
with WAC 365-195-905�as amended A qualified professional must have
obtained a B S or B A or equivalent degree in biology, engineering,
practice within the State of Washington.
scientist or meet the education requirements in this section and have at
including delineating wetlands using the federal manuals and supplements,
developing and implementing mitigation plans.
�ecies.
45 KCC 11.06
Critical Areas
Ordinance
preparing hydroaeologic assessments.
r
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
46 KCC 11.06
Critical Areas
Ordinance
beyond the original design and drain, dredge, fill, flood, or otherwise alter
additional critical areas are not included in this definition.
Sec. 11.06.445. Restoration. Restoration means actions taken to
reestablish wetland, stream, or habitat functional values and
characteristics that have been destroyed or degraded by past alterations
(e.g., filling or grading). See also "Enhancement."
Sec. 11.06.450. Secondary habitat. Secondary habitat means
areas that offer less diversity of animal and plant species than priority
habitat but that are important for performing the essential functions of
habitat.
Sec. 11.06.455. Seismic hazard areas. Seismic hazard areas
means areas subject to a risk of earthquake damage due to soil
liquefaction. These areas generally contain saturated sediments,
either are or can become saturated, and poorly compacted fill that either is
or can become saturated. These areas are generally mapped as Category I
and Category II liquefaction susceptibility areas on maps contained within:
Palmer, Walsh, Logan, Gerstell Liquefaction Susceptibility for the Auburn
and Poverty Bay 7.5 -Minute Quadrangles, Washington, Washington State
Department of Natural Resources, September 1995; Palmer, Shasse and
Norman, Liquefaction Susceptibility for the Des Moines and Renton 7.5 -
Minute Quadrangles, Washington, Washington State Department of Natural
Resources, December 1994; and slopes that could fail during an
earthquake. In the city of Kent, these sloe areas are generally mantled
with eensist-eTVashon ice -contact deposits On areas of fifteen pereent.
. Vashon ice -contact deposits (Qvi) are mapped in: Luzier,
Water Supply Bulletin No. 28, Geology and Ground -Water Resources of
47 KCC 11.06
Critical Areas
Ordinance
Southwestern King County, Washington, State of Washington Department
of Water Resources, 1969F Booth DBr and Waldron HH Geologic Map of
King County Washington 2004.
Sec. 11.06.460. Scrub -shrub wetland. Scrub -shrub wetland
means a wetland with at least thirty {3A} -percent of its surface area
covered by woody vegetation less than twenty (40)4eet 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 athe snsvg,�critical area an
its buffer.
Sec. 11.06.470. Site. Site means the location containing a
regulated critical area and on which a regulated activity is proposed. The
location may be a parcel or portion thereof, or any combination of
contiguous parcels, where a proposed activity may, impaetbaffect a critical
area.
Sec. 11.06.475. Slope. Slope means an inclined earth surface, the
inclination of which is expressed as the ratio of horizontal distance to
vertical distance.
Sec. 11.06.480. Slope, top. Slope, top means the uppermost limit
of an area where the ground surface drops ten {-10}feet or more vertically
within a horizontal distance of twenty-five {2 feet on slopes greater than
forty f4 percent.
48 KCC 11.06
Critical Areas
Ordinance
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 at demonstrates clear evidence of the passage of water
and includes, but is not limited to, bedrock channels, gravel beds, sand
and silt beds, and defined -channel swales. The channel or bed need not
contain water year-round. This definition is not intended to include
artificially created irrigation ditches, canals, storm or surface water
devices, or other entirely artificial watercourses., unless they are used by
salmonids or created for the purposes of stream mitigation.
Sec. 11.06.490. Stream reconnaissance report. Stream
reconnaissance report means a type of critical area report prepared by an
applicant's qualified eensultant professional to describe a stream and to
characterize its conditions, wildlife, habitat values, and water quality.
Sec. 11.06.495. Structural diversity, vegetative. Structural
diversity, vegetative means the relative degree of diversity or complexity
of vegetation in a wildlife habitat area as indicated by the stratification or
layering of different plant communities (e.g., ground cover, shrub layer,
and tree canopy); the variety of plant species; and the spacing or pattern
of vegetation.
Sec. 11.06.505. Sub -basin. Sub -basin means a smaller drainage
basin that is part of a larger drainage basin or watershed.
Sec. 11.06.500. Substantial improvement or reconstruction.
Substantial improvement or reconstruction means any repair,
reconstruction, or improvement the cost of which is more than fifty {-59�
percent of the market value of the structure either (1) before the
improvement is started or (2) before the damage occurred if the structure
49 KCC 11.06
Critical Areas
Ordinance
damaged is being replaced. An improvement occurs when the first
aIteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not the alteration affects the external dimensions
of the structure. Substantial improvement does not include (1) an
improvement to comply with existing state or local health, sanitary or
safety (International Building Code/International Fire Code) specifications
which are necessary to assure safe conditions; or (2) alteration of a
structure listed on the National Register of Historic Places or a state
inventory of historic places.
Sec. 11.06.505. Substrate. Substrate means the soil, sediment,
decomposing organic matter, or combination of those located on the
bottom surface of the wetland, lake, stream, or river.
Sec. 11.06.510. Temporary erosion control. Temporary erosion
control means onsite and offsite control measures that are needed to
control conveyance or deposition of earth, turbidity, or pollutants during
development, construction, or restoration.
Sec. 11.06.515. Unavoidable and necessary impacts.
Unavoidable and necessary impacts means impacts to �•��'�l-and�a critical
area or applicable buffers that remain after an applicant has demonstrated
that no practicable alternative exists for the proposed project. These
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.
50 KCC 11.06
Critica/Areas
Ordinance
Sec. 11.06.525. Volcanic hazard area. Volcanic hazard area
means an area subject to a risk of inundation by lahars or other related
flooding events resulting from volcanic activity originating from Mount
Rainier. These areas are mapped as Inundation Zones for Class M lahars
on maps contained within: Hoblitt, R.P., Walder, J.S., Driedger, C.L., Scott,
K.M., Pringle, P.T., and Vallance, J.W., Volcano Hazards from Mount
Rainier, Washington, U.S. Geologic Survey Open File Report 98-428, 1998.
Sec. 11.06.530. Wetland. Wetland or wetlands means areas that
are inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands do not include those artificial wetlands intentionally
created from nonwetland sites, including, but not limited to, irrigation and
drainage ditches, grass -lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or
those wetlands created after July 1, 1990, that were unintentionally
created as a result of construction or alteration of -a -public road, street, or
highway. However, wetlands include those artificial wetlands intentionally
created to mitigate conversion of wetlands. Identification of wetlands and
delineation of their boundaries pursuant to this chapter shall be done in
accordance with the approved federal wetland delineation manual and
applicable regional supplements as set forth in WAC 173-22-035, as
amended.
used. Wetlands determined prior converted cropland (PCC) by federal
agencies may still be considered wetlands by the city of Kent. If these
wetlands meet requirements of the approved federal wetland delineation
manual l, the wetlands
51 KCC 11,06
Critical Areas
Ordinance
shall be regulated, and the critical area shall be protected like any other
wetland pursuant to this code.
Sec. 11.06.533. Wetland category. Wetland category means the
numeric designation (I through IV) assigned to a wetland to provide an
indication of that wetland's overall function and value. Wetland categories
rank the city's wetlands from highest (Category I) to lowest (Category IV).
Sec. 11.06.535. Wetland class. Wetland class means the U.S.
Fish and Wildlife Service wetland classification scheme that uses an
hierarchy of systems, subsystems, classes, and subclasses to describe
wetland types (refer to USFWS, December 1979, Classification of Wetlands
and Deepwater Habitats of the United States for a complete explanation of
the wetland classification scheme). Eleven {}-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.
IN
Sec. 11.06.540. Wetland edge. Wetland edge means the
boundary of a wetland as delineated based on the definitions in this
chapter and the procedures specified in this chapter.
Sec 11 06 543 Wetlands of high conservation value
conservation value means wetlands identified by the Washington State
Department of Natural Resources Natural Heritage Program as either high-
quality undisturbed wetlands or wetlands that support state threatened,
endangered, or sensitive plant species Wetlands of high conservation
52 KCC Y1.06
Critical Areas
Ordinance
value inventories are available from the Washington State Department of
Natural Resources.
Sec. 11.06.545. Wildlife habitat. Wildlife habitat means areas
that provide food, protective cover, nesting, loafing, breeding or
movement for fish and wildlife and with which individual species have a
primary association. Wildlife habitat includes naturally occurring ponds less
than ufKe�twenty f2Cq-acres in areasize.
Sec 11.06 547 Wildlife -passable fence. Wildlife -passable fence
means a fence that is designed and placed to allow wild animals of all sizes
to pass beneath or through in order to promote wildlife mobility and
habitat corridors A wildlife -passable fence may include split -rail cedar, or
other non -pressure treated fencing type approved by the director.
Article III. General Mitigation and Monitoring
Sec. 11.06.550. Mitigation standards.
A. Mitigation sequencing shall be avoidance, minimization, mitigation.
Any proposal to impact a critical area shall demonstrate that it is
unavoidable or will provide a greater function and value to the critical area.
B. Adverse impacts to critical area functions and values shall be
mitigated. Mitigation actions shall be implemented in the preferred
sequence as identified in KCC 11.06.380;,;— this ehapter. Proposals
w ichthat include less preferred anfVor compensatory mitigation shall
demonstrate that.
53 KCC 11.06
Critical Areas
Ordinance
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,•-
2. The restored, created, or enhanced critical area or buffer will
at a minimum be as viable and enduring as the critical area or buffer area
it replaces.
3. In the case of wetlands and streams, no overall net loss will
occur in wetland or stream functions and values. The mitigation shall be
functionally equivalent to the altered wetland or stream in terms of
hydrological, biological, physical, and chemical functions.
4 In the case of isolated emergent Category III or IV wetlands
less than five thousand square feet in size, avoidance of impacts is not
required However, replacement wetland area must be created pursuant to
KCC 11.06.660.D.
C Mitigation banking and in -lieu fee mitigation The city may approve
mitigation banking or in -lieu fee mitigation as a form of compensatory
mitigation for wetland and habitat conservation area impacts when the
54 KCC 11.06
Critical Areas
Ord/nance
-
2. The restored, created, or enhanced critical area or buffer will
at a minimum be as viable and enduring as the critical area or buffer area
it replaces.
3. In the case of wetlands and streams, no overall net loss will
occur in wetland or stream functions and values. The mitigation shall be
functionally equivalent to the altered wetland or stream in terms of
hydrological, biological, physical, and chemical functions.
4 In the case of isolated emergent Category III or IV wetlands
less than five thousand square feet in size, avoidance of impacts is not
required However, replacement wetland area must be created pursuant to
KCC 11.06.660.D.
C Mitigation banking and in -lieu fee mitigation The city may approve
mitigation banking or in -lieu fee mitigation as a form of compensatory
mitigation for wetland and habitat conservation area impacts when the
54 KCC 11.06
Critical Areas
Ord/nance
action.
Sec.
mitigatK
on.
11.06.560. Location and timing of compensatory
A. Mitigation shall be provided onsite where possible, unless the
director agrees that a higher function and value can be accomplished
offsite within the same drainage basin. Mitigation may be allowed offsite
only when the director determine it is d t '', }`'""""" t+v SE+A
review
that onsite mitigation is not saentincairy reasioie or
practical due to physical features of the property. The burden of proof shall
be on the applicant to demonstrate that mitigation cannot be provided
onsite.
B. When mitigation cannot be provided onsite, mitigation shall be
provided in the same drainage basin as the permitted activity on property
owned, secured, or controlled by the applicant where such mitigation is
practical and beneficial to the critical area and associated resources.
Mitigation sites shall be located within the city, unless otherwise approved
by the director.
55 KCC 11.06
Critical Areas
Ordinance
C. In-kind mitigation shall be provided except when the applicant
demonstrates, and the director concurs, that greater function and value
can be achieved through out -of -kind mitigation.
D. When wetland, stream, or habitat mitigation is permitted by these
regulations onsite or offsite, the mitigation project shall occur near an
adequate water supply (river, stream, groundwater) with a hydrologic
connection to the critical area to ensure a successful mitigation or
restoration. A natural hydrologic connection is preferential as compared to
one which relies upon manmade features requiring routine maintenance.
E. Any agreed upon mitigation plan shall be completed prior to
issuance of a building or construction permit, unless a phased or
concurrent schedule that assures completion prior to occupancy has been
approved by the department.
Sec. 11.06.570. Mitigation monitoring.
A. For any actions permitted by this chapter which require a mitigation
plan, a monitoring program shall be prepared and implemented by the
applicant to evaluate the success of the mitigation project and to
determine necessary corrective actions. This program shall determine if
the original goals and objectives of the mitigation plan are being met. The
monitoring program shall be submitted to, reviewed, and approved by the
department as a part of the mitigation plan.
B. The monitoring program shall include a contingency plan in the
event that implementation of the mitigation plan fails to satisfy the
approved goals and objectives. A
bendfinancial guarantee or other acce Aable security device_ acceptable to
56 KCC 11.06
Critical Areas
Ordinance
both the director and the city attorney, is required to ensure the
applicant's compliance with the terms of the approved mitigation plan. The
amount of the financial quara iteepeffeffilane shall
equal one hundred twenty -five -percent of the cost of the mitigation
project for the length of the monitoring period. Financial guarantees shall
not be reduced or released until the maintenance and monitoring period is
complete and has been approved in writing by the director.
C. The following elements shall be incorporated into monitoring
programs prepared to comply with this chapter and shall be a part of the
approved mitigation plan.
1. Appropriate, accepted, and unbiased qualitative or precise
and accurate quantitative sampling methods to evaluate the success or
failure of the project.
2. Quantitative sampling methods that include permanent
photopoints installed at the completion of construction and maintained
throughout the monitoring period, permanent transects, sampling points
(e.g., quadrants or water quality or quantity monitoring stations), and
wildlife monitoring stations.
3. Clearly stipulated qualitative and quantitative sampling
methods.
4. Appropriate qualitative and/or quantitative performance
standards that will be used to measure the success or failure of the
mitigation. These will include, at a minimum, standards for plant survival
and diversity, including structural diversity, the extent of wetland
hydrology, hydric soils, and habitat types and requirements as appropriate.
57 KCC 11.06
Critical Areas
Ordinance
amendments shall be considered as appropriate for site conditions.
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
monitoring and preparation of annual monitoring reports following
implementation; and a maintenance plan. Monitoring periods may be
reduced to three years at the discretion of the director if the annual
performance standards. More stringent monitoring requirements may be
required on a case-by-case basis for more complex mitigation plans.
6. Monitoring reports shall be submitted to the department at
intervals identified in the approved mitigation plan. A schedule for the
submittal of monitoring reports and maintenance periods snail ae
described in the approved mitigation plan. The reports shall be prepared
by a qualified eens iltannprofessional and must contain all qualitative and
quantitative monitoring data, photographs, and an evaluation of each of
the applicable performance standards. If performance standards are not
being met, appropriate corrective or contingency measures must be
identified and implemented to ensure that performance standards will be
met.
7. The director may extend the monitoring period beyond the
minimum time frame if performance standards are not being met at the
end of the initial five f5 -}-year period; and may
require additional financial
seeuFities efnyguarantees to ensure that any additional monitoring
and contingencies are completed to ensure the success of the mitigation.
Article IV. Wetlands
58
KCC 11.06
Critical Areas
Ordinance
Sec. 11.06.580. Wetlands rating system.
A. Wetlands are classified as Category I, II, III, or IV based on the
2014 Washington State Wetland Rating System for Western Washington,
Washington State Department of Ecology Publication No. 04 06 014'06-
029, published October, August 20 2014.
B. Wetland rating categories shall not recognize illegal modifications
that have been made to a wetland or its buffers.
Sec.
delineatA
on.
11.06.590. Determination of wetland boundary by
A. The approved federal wetland delineation manual and applicable
regional supplements shall be used to conduct wetland delineations.
Delineations shall be required when a development is proposed on
property containing wetlands identified on the city of Kent wetland
inventory or when any other credible evidence may suggest that wetlands
could be present. Delineations shall also be performed when the evidence
suggests that buffers f-rern of wetlands on adjacent properties may have an
impact on the proposed development.
efinition of this chapter, An applicant may request the depaFtmen
expenses associated with perfEwming the delineatien. The.
epartment shall eensult with qualified pFefessienal scientists and teehni
xpeFts er ether experts as needed to peFferm the delineatien.� Where the
59 KCC Z 1.06
Critical Areas
Ordinance
applicant has provided a delineation of the wetland boundary, the
department shall verify the accuracy of, and may render adjustments to,
the boundary delineation. The decision of the department may only be
appealed pursuant to procedures outlined in this chapter.
C. The delineation shall contain the following information:
1. A written assessment and accompanying maps of wetlands
and buffers within two hundred seventy-five (275) feet of the project area,
including the following information at a minimum: all known wetland
inventory maps (including a copy of the city of Kent wetland inventory
map), field delineation data sheets, wetland rating forms, wetland
delineations and required buffers, existing wetland acreage; wetland
category; vegetative, faunal, and hydrologic characteristics; soil and
substrate conditions; and topographic data.
2. A discussion of measures, including avoidance, minimization,
and mitigation proposed to preserve existing wetlands and restore any
wetlands that were degraded prior to the current proposed land use
activity, a discussion of the wetland's hydrologic regime, discussion of
existing wetland functions landscape setting, and discussion of potential
direct or indirect impacts that may occur to the wetland due to the
proposed activity.
3. A habitat and native vegetation conservation strategy that
addresses methods to protect and enhance onsite habitat and wetland
functions.
D. A wetland delineation vd-that has been ��eQ�proved by the
departI ent pursuant to a properly vested and valid city permit or land use
60 KCC 11,06
Critical Areas
Ordinance
approval SE"^ for a proposed project shall be binding upon the city
and the applicant. If the department has approved a wetland delineation
report hes-that is not part of a properly vested and valid city permit or land
use approval,
or the ettydepartment has approved a wetland delineation
report for another purpose, the wetland delineation report shall be valid for
a period of fivetwe-(2years from the date of the approved report.
Sec. 11.06.600. Wetland buffers and building setback lines.
A. Purpose.
1 The establishment of buffers is required for all development
proposaI
s and activities in or adjacent to wetlands. The purpose of the
buffer is to protect the integrity, function, value, and resources of the
wetland Buffers shall typically consist of an undisturbed area of native
vegetation established to achieve the purpose of the buffer. No buildings
structures, impervious surfaces or nonnative landscaping are allowed in a
buffer unless otherwise permitted by this chapter. Where flexible buffer
widths are permitted by this chapter, such enhancement shall be
considered in determining appropriate buffer widths. Buffers must be
protected during construction by placement of a temporary barricade,
notice of the presence of the critical area, and implementation of
ppropriate erosion and sedimentation controls.
2 Required buffer widths shall reflect the functions and values
of the wetland the risks associated with development, and the type and
intensi y of human activILY proposed to be conducted near the wetland in
those circumstances where such activity is permitted by these regulations.
61 KCC 11.06
Crit/ca/Areas
Ordinance
B. Standard buffer widths.
1. Standard buffers shall be determined by the wetland category
pursuant to KCC 11.06.580 and the habitat score from the Washington
State Wetland Rating System for Western Washington, Washington State
Department of Ecology Publication No. 14-06-0290 ^p9 06 025, published
October, st 20042014. Standard buffers shall be applied to wetlands
unless otherwise reduced pursuant to subsection (GB) of this section,
increased pursuant to subsection (DE) of this section, or otherwise
adjusted under other provisions of this chapter. Standard buffers (in feet)
and reduced buffers permitted pursuant to subsection $.� of this section
are provided in the following table.
Habitat
Score
Points
3-4
points
3-4 oint
5-7
ints
5-7 oint
8-9
ints
8-9 oint
WL
Subsectio
W
Subsection
Subsection
C of Thi
C of Thi
C of This
Sectionop
Sectionop
Section
4a bit
Seere
{fieids)
<20
20 28
28
29
29
W
Seetmen
20 w
fir n
Section
Category
125
100
150
125
225
200
Category II
100
75
125
110
200
175
Category
III
75
60
125
110
n/a
n/a
Category IV
50
40
n/a
n/a
n/a
n/a
62 KCC Z Z.06
Critical Areas
Ordinance
2. Wetland buffer zones shall be required for all regulated
activities adjacent to wetlands. Any wetland created, restored, or
enhanced as compensation for approved wetland alterations shall also
include the standard buffer required for the category of the created,
restored, or enhanced wetland. All buffers shall be measured from the
wetland boundary as surveyed in the field. The width of the wetland buffer
zone shall be determined according to the rating assigned to the wetland.
3. Bogs shall have a standard buffer of two hundred fifteen
�}-feet. However, atwenty-five {1.-C�4:oo4w
reduction is allowed with
implementation of subsection BLCI of this section.
4, Wetlands of high conservation value
shall have a standard buffer of two hundred fifteen (215)
-feet. However, a
twenty-five (25)footreduction is allowed with implementation of
subsection $(C1 of this section.
GB. Reduced buffer widths. Standard buffer widths as noted in
subsection (B) of this section, may be reduced through a combination of
buffer enhancement and mitigation measures. The applicant must
demonstrate that by enhanci the buffer and use of applicable mitigation
measures identified in the following table, the reduced buffer will function
at a level equivalent to or greater than the level of the standard buffer.
i Prior to approval of a reduced buffer, a critical areas
application shall meet all of the criteria listed below. A reduced buffer will
be approved only if:
a It will provide an overall improvement in water quality;
63 KCC Z Z.06
Critical Areas
Ordinance
bN It will provide an overall enhancement to fish, wildlife,
oI their habitat;
c0 will not result in an alteration of current drainage
and stormwater detention capabilities;
d. It will not lead to unstable earth conditions or create
an erosion hazard;
e It will not be materially detrimental to any other
propert�r or the city as a whole; and
f All exposed areas are stabilized with native vegetation,
as appropriate.
2. Standard buffer widths as noted in subsection �-�of this
section may be reduced, as provided in that subsection's table, if the
applicant implements all applicable mitigation measures identified in the
following table.
64 KCC Z 1.06
Critical Areas
Ordinance
Examples o
Examples
Activities and Use
Measures t
of
That Caus
Minimize
Disturbanc
Disturbances
Impacts
Lights
• Parking lots
Direct lights
• Warehouses
away from
• Manufacturing
wetland
• Residential
64 KCC Z 1.06
Critical Areas
Ordinance
65
KCC Z 1.06
Critical Areas
Ordinance
Examples o
Examples
Activities and Use
Measures t
of
That CauseMinimize
Disturbanc
Disturbances
Impacts
Noise
• Manufacturing
Locate
• Residential
activity that
generates
noise away
from wetland
Toxic
• Parking lots
Route all
runoff*
• Roads
new,
• Manufacturing
untreated
• Residential areas
runoff away
• Application of
from wetland
agricultural pesticides
while ensuring
• Landscaping
wetland is not
dewatered
• Establish
covenants
limiting use o
pesticides
within 150 feet
of wetlands
• Apply
integrated
pest
management
Change in
• Impermeable
• Infiltrate or
water
surfaces
treat, detain,
65
KCC Z 1.06
Critical Areas
Ordinance
66 KCC Z Z.06
Critical Areas
Ordinance
Examples o
Examples
Activities and Use
Measures t
of
That Caus
Minimize
Disturbanc
Disturbances
Impacts
regime
e.-Lawns
and disperse
• Tilling
into buffer
new runoff
from
impervious
surfaces and
new lawns
Pets and
• Residential areas
Use
privaey
human
feneing; plant.
disturbance
dense
native
to
vegetatien-
buffeF
edge
afvd
d is-cet e
dist,,rbanee.
place w%.tiand
and
tra et
easement
Contain pets
to prevent
disturbance,
66 KCC Z Z.06
Critical Areas
Ordinance
mpies
Examples ctivities and Use Measure:
Of That Caus Minimize
cts
chicken coop
Dust I •Tilled fields I • Use b
management
practices to
control dust
* These examples are not necessarily adequate fo
minimizing toxic runoff if threatened or endangerei
� species are present.
• This is not a complete list of measures. Othe
similar measures may be proposed by the applican
for approval by the director or his/her designee.
• Applicant shall discuss all applicable mitigation
measures in the mitigation plan, including benefits
to the wetlands for those used and rationale for not
� including specific measures.
D�. Increased buffer widths.
1. If a Category I or II wetland with a habitat score greater than
fivetwe�rty{-2-8)points is located within three hundred (368)
—feet of a
priority habitat area as defined by the Washington —State Department of
Fish and Wildlife, or as mapped by the city of Kent as a priority habitat
area in accordance with the Washington State Department of Fish and
67 KCC Z 1.06
Critical Areas
Ordinance
Wildlife definitions, the buffer established in subsection PkLD . of this section
shall be increased by fifty {-64)4eet unless.
a. The applicant provides a relatively undisturbed
vegetated corridor at least one hundred {ABS—feet wide between the
wetland and all priority habitat areas located within three hundred (300)
feet of the wetland. The corridor shall be protected for the entire distance
between the wetland and the priority habitat area pursuant to KCC
11.06.640; and
b. The applicant incorporates all applicable mitigation
design criteria pursuant to subsectionof this section.
2. The director may require increased buffer widths on a case-
by-case basis when a larger buffer is necessary to protect species listed by
the federal government or the state as endangered, threatened, sensitive,
or documented priority species or habitats. Such increased buffers shall be
based on recommendations by a qualified professional wetland biologist
and, if applicable, best management practices for protection of the species
adopted by an agency with jurisdiction.
68 KCC ZY.06
Critical Areas
M�s �Mzw��
i
:0
Ordinance
E�. Buffer averaging.
1. Wetland buffer width averaging shall be allowed where the
applicant demonstrates the following:
a. The ecological functions and values of the buffer after
averaging are equivalent to or greater than the functions and values before
averaging as determined by a qualified professional and as
approved by the city. Properly functioning buffers shall not be reduced
through buffer averaging except in exceptional circumstances, such as a
need to gain access to property or other similar circumstances, to be
approved by the director.
b. Averaging will not adversely impact the wetland
functions and values.
c. The total area contained within -the wetland buffer after
averaging shall be no less than the total area contained within the
standard buffer prior to averaging.
gg KCC 11.06
Critical Areas
Ordinance
::a•�.��ii�.iGi:iiiR:iii■�:iia\•�►.►G.=.�:a.u���wi:u:���=:�::.?:=.►
kc
WAVE K"Oft
E�. Buffer averaging.
1. Wetland buffer width averaging shall be allowed where the
applicant demonstrates the following:
a. The ecological functions and values of the buffer after
averaging are equivalent to or greater than the functions and values before
averaging as determined by a qualified professional and as
approved by the city. Properly functioning buffers shall not be reduced
through buffer averaging except in exceptional circumstances, such as a
need to gain access to property or other similar circumstances, to be
approved by the director.
b. Averaging will not adversely impact the wetland
functions and values.
c. The total area contained within -the wetland buffer after
averaging shall be no less than the total area contained within the
standard buffer prior to averaging.
gg KCC 11.06
Critical Areas
Ordinance
kc
WAVE K"Oft
E�. Buffer averaging.
1. Wetland buffer width averaging shall be allowed where the
applicant demonstrates the following:
a. The ecological functions and values of the buffer after
averaging are equivalent to or greater than the functions and values before
averaging as determined by a qualified professional and as
approved by the city. Properly functioning buffers shall not be reduced
through buffer averaging except in exceptional circumstances, such as a
need to gain access to property or other similar circumstances, to be
approved by the director.
b. Averaging will not adversely impact the wetland
functions and values.
c. The total area contained within -the wetland buffer after
averaging shall be no less than the total area contained within the
standard buffer prior to averaging.
gg KCC 11.06
Critical Areas
Ordinance
•
Mw
E�. Buffer averaging.
1. Wetland buffer width averaging shall be allowed where the
applicant demonstrates the following:
a. The ecological functions and values of the buffer after
averaging are equivalent to or greater than the functions and values before
averaging as determined by a qualified professional and as
approved by the city. Properly functioning buffers shall not be reduced
through buffer averaging except in exceptional circumstances, such as a
need to gain access to property or other similar circumstances, to be
approved by the director.
b. Averaging will not adversely impact the wetland
functions and values.
c. The total area contained within -the wetland buffer after
averaging shall be no less than the total area contained within the
standard buffer prior to averaging.
gg KCC 11.06
Critical Areas
Ordinance
Mw
E�. Buffer averaging.
1. Wetland buffer width averaging shall be allowed where the
applicant demonstrates the following:
a. The ecological functions and values of the buffer after
averaging are equivalent to or greater than the functions and values before
averaging as determined by a qualified professional and as
approved by the city. Properly functioning buffers shall not be reduced
through buffer averaging except in exceptional circumstances, such as a
need to gain access to property or other similar circumstances, to be
approved by the director.
b. Averaging will not adversely impact the wetland
functions and values.
c. The total area contained within -the wetland buffer after
averaging shall be no less than the total area contained within the
standard buffer prior to averaging.
gg KCC 11.06
Critical Areas
Ordinance
d. At no point shall the buffer width be reduced by more
than €ffvy4- percent of the standard buffer or be less than
twenty five thirty-seven and one half feet.
e. The additional buffer shall be contiguous with the
standard buffer and located in a manner to provide buffer functions to the
wetland.
f. If the buffers are degraded pursuant to KCC 11.06.227,
they shall be restored pursuant to an approved restoration/enhancement
plan.
g. If restoration or enhancement of the buffer is required
in order to establish a suitable growth of native plants, maintenance and
monitoring of the buffer for a period of at least three -five {3}years shall be
provided pursuant to an approved monitoring plan as required by KCC
11.06.570 including an appropriate financial guarantee until the
maintenance and monitoring period is completed and has been approved
by the city.
F�. Buffer restoration required. If the buffers, including both standard
buffers and buffers which are averaged, are degraded, they shall be
restored during development pursuant to an approved restoration plan. If
the plan includes establishing a suitable growth of native plants,
maintenance and monitoring of the buffer for a period of at least thFee-five
f3-) -years shall be provided pursuant to an approved monitoring plan as
required by KCC 11.06.570 including an appropriate financial guarantee
until the maintenance and monitoring period is completed and has been
pproved by the city. Where it can be demonstrated that there will be no
7p KCC ZY.06
Critica/Areas
Ordinance
impacts from the proposed development to the wetland or wetland buffer,
the director shall have the authority to waive or modify this requirement.
FG. Required report for buffer reduction af*or
�Tavera_ging. A request to reduce the buffer or buffer average
pursuant to subsections B(C) or (E1 of this section shall be supported by a
buffer enhancement/restoration plan prepared by a qualified professional.
The plan shall assess the habitat, water quality, storm water detention,
groundwater recharge, shoreline protection, and erosion protection
functions of the buffer; assess the effects of the proposed decreased or
modified buffer on those functions; and address the applicable criteria
listed in this section. A buffer restoration an-E/or enhancement plan shall
aIso provide the following. (1) a map locating the specific area of
restoration for enhancement; (2) a planting plan that uses native plant
species indigenous to this region including groundcover, shrubs, and trees;
and (3) provisions for monitoring and maintenance throughout the
monitoring period.
H6. Buffer condition. Except as otherwise allowed by this section,
wetland buffers shall be retained in their natural condition. Where buffer
disturbance has occurred during construction, re -vegetation with native
vegetation shall be required pursuant to an approved
restoration/enhancement plan consistent with this code.
IAF. Buffer utilization for landscape requirements. Enhanced wetland
buffers may be used to satisfy landscaping requirements in C—b Chapter
15.07 KCC wherewhen all of the following criteria are satisfied:
1. The buffer, as enhanced by applicant, will provide equivalent
or greater protection of wetland functions.
71
KCC 11.06
Critica/Areas
Ordinance
2N The enhanced buffer will meet the landscaping requirements
as outlined in C—b-:Chapter 15.07 KCC. The proposed landscape vegetation
satisfies wetland buffer vegetation requirements.
3. The enhanced buffer is of the full landscape width required by
Chi -:Chapter 15.07 KCC.
J�. Permitted uses in a wetland buffer. Activities shall not be allowed in
a wetland buffer except for the following and then only when properly
mitigated and conducted in a manner so as to minimize impacts to the
buffer and the adjacent wetland:
i. When the improvements are part
enhancement, restoration, or mitigation plan
of an approved
2. For construction of new public or private roads and utilities,
and accessory structures, when no practicable alternative location exists.
3. Construction of foot pedestrian or bicycle trails, according to
the following criteria:
a Designed to minimize impact on the wetland system.
&l.lRUM NO►!MLWlM WItiM ON►wI/I
72 KCC 11.06
Critical Areas
Ordinance
i1
►�i��lllAM�It�I�T
72 KCC 11.06
Critical Areas
Ordinance
b6. Where feasible, located within the outer half of the
buffer, i.e., the portion of the buffer that is farther away from the
wetlandst-ream, except to cross a wetlandst-rearn when approved by the
city and all other applicable agencies and except as appropriate to provide
outlook points or similar locations for recreational, educational, scientific,
and other purposes which will not adversely affect the overall functions
and values of the wetland.
4. Construction of footbridges and boardwalks.
5. Construction of educational facilities,
platforms and informational signs.
such as viewing
6. �-e--eConstruction of outdoor recreation structures, such as
fishing piers, boat launches, e444j
-benches and picnic tables.
7. Maintenance of preexisting 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 feasible bythrough 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.
73 KCC 11.06
Critica/Areas
Ordinance
9N Ongoing city maintenance activities by its public works and
parks department vegetation and management divisions shall be permitted
to continue general maintenance of wetlands and associated buffers.
Maintenance shall include but not be limited to trash removal, removal of
nonnative vegetation, maintenance of existing vegetation as necessary,
restoration, enhancement, and sign and fence maintenance.
K3. Building setback lines. A minimum building setbaek HneBSBL of
fifteen {15) -feet shall be required from the edge of a wetland buffer,
provided the director may reduce the building setback limit by up to five
fS)4eet if construction, operation, and maintenance of the building dodoes
not and will not create a risk of negative impacts on the adjacent buffer
area. Alterations of the building setback lines shall not be permitted to
create additional lots for subdivisions. Approval of alterations of the BSBL
shall be provided in writing by the director, , and may
require mitigation such as buffer enhancement.
Sec. 11.06.610. Avoiding wetland impacts. Regulated activities
shall not be authorized in Category I wetlands except where it can be
demonstrated that the impact is both unavoidable and necessary as
described below, or that all reasonable economic uses are denied.
�--Where regulated activities are proposed, the
applicant must demonstrate that:
74
KCC 11.06
Critica/Areas
Ordinance
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
P1 oject as proposed; and all alternative designs of the project as proposed
that would avoid or result in less adverse impacts on a wetland or its
buffer will not accomplish the basic purpose of the project.
3. In cases where the applicant has rejected alternatives to the
project as proposed due to constraints such as zoning, deficiencies of
infrastructure, or parcel size, the applicant has made a reasonable attempt
to remove or accommodate such constraints.
�B. Filling of an isolated emergent Category III or
Category IV wetland less than five thousand (5;000) square feet in size
shall be permitted, provided a replacement wetland area is created
pursuant to KCC 11.06.660(D).
75 KCC I1.06
Critical Areas
Ordinance
_
• • • •
_
_
SMIZEAW "W
75 KCC I1.06
Critical Areas
Ordinance
Sec. 11.06.630. Fencing and signage. All development and
subdivisions to which this chapter applies shall construct a wildlife -
passable fence along the entire wetland buffer edge, unless otherwise
approved by the director. `"'�'�,�-Critical Y�
-area signs must also
be attached to the fence or located just inside the wildlife -passable fence
attached to a four Vor7j by four 7r7 inch cedar post (or other nonpressure
treated materials approved by the city). Signs must be located at a rate of
one ffxI}-sign per residential lot and one sign per one hundred (I r)M
feet for all public rights-of-way, trails, parking areas, playgrounds, and all
other uses located adjacent to wetlands and associated buffers.
Sec. 11.06.640. Sensitive area tracts�.,feasements.
A. Condition of approval. As a condition of approval pursuant to this
chapter, the director shall require creation of a separate sensitive area
tract containing the areas determined to be wetlands—�14.Tl
or wetland
buffers. Sensitive area tracts f or easements are separate tracts containing
wetlands and wetland buffers with perpetual deed restrictions requiring
that the tracts remain undeveloped. Sensitive area tracts are an integral
part of the lot in which they are created, are not intended for sale, lease,
76 KCC 11.06
Critics/Areas
Ordinance
-
MEN.
...
IF
OF
IF
UP
Sec. 11.06.630. Fencing and signage. All development and
subdivisions to which this chapter applies shall construct a wildlife -
passable fence along the entire wetland buffer edge, unless otherwise
approved by the director. `"'�'�,�-Critical Y�
-area signs must also
be attached to the fence or located just inside the wildlife -passable fence
attached to a four Vor7j by four 7r7 inch cedar post (or other nonpressure
treated materials approved by the city). Signs must be located at a rate of
one ffxI}-sign per residential lot and one sign per one hundred (I r)M
feet for all public rights-of-way, trails, parking areas, playgrounds, and all
other uses located adjacent to wetlands and associated buffers.
Sec. 11.06.640. Sensitive area tracts�.,feasements.
A. Condition of approval. As a condition of approval pursuant to this
chapter, the director shall require creation of a separate sensitive area
tract containing the areas determined to be wetlands—�14.Tl
or wetland
buffers. Sensitive area tracts f or easements are separate tracts containing
wetlands and wetland buffers with perpetual deed restrictions requiring
that the tracts remain undeveloped. Sensitive area tracts are an integral
part of the lot in which they are created, are not intended for sale, lease,
76 KCC 11.06
Critics/Areas
Ordinance
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—wetlandsf and buffersset�stto '�����. The
director shall require that a tee -critical area be protected by one fil-)
of the following methods:
1. Protection of a regulated wetland and its associated buffer
shall be provided by placing it in a separate tract on which development is
prohibited; executing an easement in favor of the city, in a form and
manner acceptable to both the director and the city attorney; dedication to
a conservation organization or land trust; or similarly preserved through a
permanent protective mechanism acceptable to the city. The location and
limitations associated with the wetland and its buffer shall be shown on the
face of the deed or plat as applicable, to the property and shall be
recorded with the King County recorder's office;; orThe applicant shall
dedicate to the city, er ether publie or nenprefit entity specified by the
a wetland and/or its buffer; e
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. StrehAll deed restrictions}
shall be approved by the director and the city attorney and shall prohibit in
perpetuity the development, alteration, or disturbance of vegetation within
the sensitive area tract except for purposes of habitat enhancement as
part of an enhancement project which has received prior written approval
from the city and any other agency with jurisdiction over such activity.
77 KCC 11.06
Critical Areas
Ordinance
Sec. 11.06,650. Notice on title, The owner of any property with
field -verified presence of wetlands or wetland buffers for which a permit
application is submitted shall, as a condition of permit issuance, record a
notice of the existence of such wetland or wetland buffer against the
property with the King County recorder's office. The notice shall be
approved by the director and the city attorney for compliance with this
provision. The titleholder will have the right to challenge this notice and to
have it released if the wetland designation no longer applies; however, the
applicant shall be responsible for completing a wetland delineation report,
which will be subject to approval by the director. Any unapproved
alterations of a wetland will constituteFesult in a code violation and will be
enforced to the fullest extent of the Kent City Code.
Sec. 11.06.660. Compensating for wetland impacts.
A. Condition of approval. As a condition of any approval allowing
alteration of wetlands af*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 a -n -d -for buffers and, as
appropriate, land acquisition that re-creates as nearly as practicable or
improves the original wetlands in terms of acreage, function, geographic
location, and setting. Compensatory mitigation plans shall be consistent
with Wetland Mitigation in Washington State - Part 2. Developing
Mitigation Plans --Version 1. (Ecology Publication #06-06-011b, Olympia,
WA, March 2006 or as revised) and Selectinq Wetland Mitigation Sites
Using a Watershed Approach (Western Washington) (Publication #09-06-
32, Olympia, WA, December 2009), and may incorporate guidance from
78 KCC 11.06
Critical Areas
Ordinance
Calculating Credits and Debits for Compensatory Mitigation in Wetlands of
Western Washington (Ecology Publication #10-06-011, Hruby. 2012).
B. Goal. The overall goal of any compensatory mitigation project shall
be no net loss of overall wetland acreage or function and to replace any
wetland area lost with wetland(s) and buffers of equivalent functions and
values. Compensation shall be completed prior to wetland destruction,
where practicable. Compensatory
the standards and requirements
11.06.560.
mitigation programs
contained in KCC
shall incorporate
11.06.550 and
C.
Preference of Mitigation Actions Mitigation for lost or diminished wetland
and buffer functions shall rely on the types below in the following order of
preference.
1 Restoration (re-establishment and rehabilitation) of wetlands:
a The goal of re-establishment is returning natural or
historic functions to a former wetland Re-establishment results in a gain in
wetland acres and functions Activities could include removing fill material,
plugging ditches, or breaking drain tiles.
b The goal of rehabilitation is repairing natural or historic
functions of a deci
raded wetland Rehabilitation results in a Gain in wetland
function but does not result in a gain in wetland acres. Activities could
involve breaching a dike to reconnect wetlands to.a floodplain.
2 Establishment creation) of wetlands on disturbed upland
sites such as those with vegetative cover consisting primarily of non-native
79 KCC 11.06
Critical Areas
Ordinance
species Establishment results in a gain in wetland acres. This should be
attempted only when there is an adequate source of water and it can be
shown that the surface and subsurface hydrologic regime is conducive to
tHt= wetland community that is anticipated in the design.
a. If a site is not available for wetland restoration to
compensate for expected wetland or buffer impacts, the approval authority
may authorize creation of a wetland and buffer upon demonstration by the
pplicant's qualified wetland scientist that:
i The hydrolog�r and soil conditions at the
proposed mit�ation site are conducive for sustaining the proposed wetland
and that creation of a wetland at the site will not likely cause hydrologic
problems elsewhere;
ii The proposed mitigation site does not contain
invasive plants or noxious weeds or that such vegetation will be completely
eradicated at the site;
iii Adjacent land uses and site conditions do not
jeopardize the viability of the proposed wetland and buffer (e.g.,
due to
the presence of invasive plants or noxious weeds stormwater runoff,
noise, light, or other impacts); and
iv The proposed wetland and buffer is designed to
be self-sustaining with little or no long-term maintenance.
3 Enhancement of significantly degraded wetlands in
combination with restoration or.
creation Enhancement should be part of a
mitigation package that includes replacing_the altered area and meeting
ppropriate ratio requirements Enhancement is undertaken for specified
gp KCC 11.06
Critical Areas
Ordinance
purposes such as water quality improvement, flood water retention, or
wildlife habitat Enhancement alone will result in a loss of wetland acreage
and is less effective at replacing the functions lost. Applicants proposing to
enhance wetlands or associated buffers shall demonstrate.
aff proposed enhancement will increase the
wetland's or the buffer's functions;
b How this increase in function will adequately
compensate for the impacts; and
c How all other existing wetland functions at the
mitigation site will be protected.
D. Acreage rep/acement and enhancement ratio. Wetland alterations
shall be replaced or enhanced using the formulas in the table below;
however, the director may choose to double mitigation ratios in instances
where wetlands are filled or impaate negatively affected as a result of
code violations. The first number specifies the acreage of wetlands
requiring replacement and the second specifies the acreage of wetlands
altered. These ratios do not apply to remedial actions resulting from illegal
aIterations.
elzurrip1m c du
E-1 VV n
- -
-
-: :-
:
D. Acreage rep/acement and enhancement ratio. Wetland alterations
shall be replaced or enhanced using the formulas in the table below;
however, the director may choose to double mitigation ratios in instances
where wetlands are filled or impaate negatively affected as a result of
code violations. The first number specifies the acreage of wetlands
requiring replacement and the second specifies the acreage of wetlands
altered. These ratios do not apply to remedial actions resulting from illegal
aIterations.
81 KCC 11.06
Critical Areas
Ordinance
elzurrip1m c du
E-1 VV n
81 KCC 11.06
Critical Areas
Ordinance
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Ordinance
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Critical Areas
Ordinance
Category and Re-establishment
ryppe of Wetland or Creation
Impacts
Cateaor�IV
1.5:1
Re-establishment or
Creation (R/C) and
Enhancement €
1:1 R/C and 1:1 E
KCC ZZ.06
Critical Areas
Ordinance
JKWAqaolLwjmmoWA
:e��r�.i��c.iw�:iG�:��ii:.�l������wwi
Category and Re-establishment
ryppe of Wetland or Creation
Impacts
Cateaor�IV
1.5:1
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Ordinance
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KCC ZZ.06
Critical Areas
Ordinance
CategoryIII
2:1
1:1 R/C and 2:1 E
Category II
3_i
1:1 R/C and 4:1 E
Category I
6: i
1:1 R/C and 10:1 E
Category. I
Not considered
R/C Not considered possible
Wetlands of High
possible
Conservation
Value
Category I Bog
Not considered
R/C Not considered possible
possible
NOTE: Category I, II, and III wetland alterations can also be made by a
combination of creation of new wetlands and enhancement of existing
wetlands within the range of the ratios set out in the table so long as a
minimum one to one creation ratio is met (for example, creation of new
wetlands at a one and one-half to one ratio along with enhancement of
existing wetlands at a ratio of five to one may be acceptable for a Category
I wetland.)
E. Decreased replacement ratio. The director may decrease the
required replacement ratio where the applicant provides the mitigation
prior to altering the wetland, and a minimum acreage replacement ratio of
one {l-}-to one {l-}-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.
Fa Buffer mitigation ratios Impacts to buffers shall be mitigated at a
1.1 ratio Compensatory buffer mitigation shall replace those buffer
functions lost from development.
84 KCC 11.06
Critical Areas
Ordinance
GF. Wetlandfat mitigation bank or in-lieu fee program. The city
may approve mitigation banking or in-lieu fee mitigation as a form of
compensatory mitigation for wetland impacts when the provisions of this
chapter require mitigation and when the use of a mitigation bank or in-lieu
fee program will provide equivalent or greater replacement of wetland
functions and values when compared to conventional permittee-
responsible mitigation Mitigation banks and in-lieu fee programs shall only
be used when it can be demonstrated that they provide significant
ecological benefits, including long-term conservation of critical areas
important species, habitats or habitat linkages and when they are
documented to provide a viable alternative to the piecemeal mitigation for
individual project impacts to achieve ecosystem-based conservation goals.
Mitigation banks and in-lieu fee programs shall not be used unless they are
certified in accordance with applicable federal and state mitigation rules
and expressly authorized through city legislative action..
liewed within a wetiand/habitat mitigation bank leeated within the eity elf
(ent enee a bank is formed. PFeposed developments must centinue te
illewed te Fni tigate using a wetland bank site. A Feview of the feasibility e
GH. 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.
85 KCC 11.06
Critical Areas
Ordinance
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 idened regional
goals (e.g., replacement of historically diminished wetland types).
I Advance mitigation Mit�ation for projects with pre -identified
impacts to wetlands may be constructed in advance of the impacts if the
mitigation is implemented according to federal rules, state policy on
advance mitigation, and state water quality regulations.
Jl•+. Location. Compensator r�mitigation actions shall be conducted onsite
or within the same sub -basin as the impact site unless the applicant can
demonstrate thattOnsite compensation shall be pFavided except where the
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.
2. -Onsite compensation is not feasible due to problems with
hydrology, soils, or other factors.
3.� Compensation is not practical due to potentially adverse
impacts from surrounding land uses.
4.3. Existing functional values at the site of the proposed
restoration are signcantly greater than lost wetland functional values.
g6 KCC 11,06
Critical Areas
Ordinance
5.4: Adopted goals for flood storage, flood conveyance, habitat, or
other wetland functions have been established and strongly justify location
of compensatory measures at another site.
K�. Offsite compensation. Offsite compensation shall occur within the
Green River Watershed'sarne drainage basin as the wetland less eeeuFred,
Ness.
1 Established watershed goals for water quality, flood storage
or conv�ance, habitat�or other wetland functions have been established
by the city and strongly justify location of mitigation at another site;
2 Credits from a state -certified wetland mitigation bank are
used as compensation, and the use of credits is consistent with the terms
of the certified bank instrument; or
3. Fees are paid to an approved in -lieu fee program to
compensate for the impacts.
L�. Offsite compensation site selection.
foF creation or considering off-site mitigation,
preference should be given to using alternative mitigation such as a
mitigation bank, an in -lieu fee program, or advanced mitigation.
Aapplicants shall pursue siting in the following order of preference:
1. Upland sites which were formerly wetlands a --for
significantly degraded wetlands. Such wetlands are typically small; have
Q7
KCC 11.06
Critical Areas
Ordinance
�u=c.:isR.:i�':►aii::�i:awc.ws��w�-:=:�_::::?:��o:=:n=
L�. Offsite compensation site selection.
foF creation or considering off-site mitigation,
preference should be given to using alternative mitigation such as a
mitigation bank, an in -lieu fee program, or advanced mitigation.
Aapplicants shall pursue siting in the following order of preference:
1. Upland sites which were formerly wetlands a --for
significantly degraded wetlands. Such wetlands are typically small; have
Q7
KCC 11.06
Critical Areas
Ordinance
only one tIl-wetland class; and have one {±}-dominant plant species or a
predominance of exotic species.
2. Idle upland sites generally having bare ground or vegetative
cover consisting primarily of exotic introduced species, weeds, or emergent
vegetation.
3. Other disturbed upland.
M14. Timing. Where feasible, compensatory projects shall be completed
prior to activities that will disturb wetlands, or immediately after activities
that will temporarily disturb wetlands, or prior to use or occupancy of the
activity or development which was conditioned upon such compensation.
Construction of compensation projects shall be timed to reduce impacts to
existing fisheries, wildlife,, and flora.
N�. Completion of mitigation construction. On completion of
construction, any approved mitigation project must be signed off by the
applicant's qualified unprofessional and approved by the
department. A signed letter from the consultant will indicate that the
construction has been completed as approved, and approval of the
installed mitigation plan will begin the monitoring period if appropriate.
Article V. Fish and Wildlife Habitat Conservation Areas
Sec. 11.06.670. Stream classifications and rating.
A. To promote consistent application of the standards and
requirements of this chapter, streams within the city of Kent shall be rated
88 KCC 11.06
Critica/Areas
Ordinance
or classified according to their characteristics, function, and value, armor
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 ���� "��'�
professionals in connection with applications for activities subject to these
regulations must contain those criteria outlined in section 11.06.070, and
the following:
a Hydrologic ma�pin.g showing patterns of water
movement into, through and out of the site area; and
b �ecific descriptions of streams, including gradient and
flow characteristics; stream bed condition; stream bank and
slope
stability; presence of fish or habitat for fish; presence of obstructions to
fish movement general water duality; stream bank vegetation; and a
summary of existing stream value for fisheries habitat.
2. Application of the criteria contained in these regulations; and
3. Maps adopted pursuant to this chapter.
C. Streams shall be designated Types 1 through 3 as follows:
1. Type 1 Water means all shorelines identified in the Kent
shoreline master program.
2. Type 2 Water means salmonid bearing segments of natural
waters not classified as Type 1 Water, with documented salmonid use.
89
KCC 11.06
Critical Areas
Ordinance
water,Magamm
Salmonid bearing
waters are used by fish for spawning, rearing or migration.
3. Type 3 Water means nonsalmonid segments of natural waters
nW t classified as Type 1 or 2 Water. These are stream segments within the
bankfull width of defined channels that are perennial and intermittent
nonsalmonid habitat streams. These waters begin at a point along the
channel where documented salmonid fish use ends.
Sec. 11.06.680. Stream buffer areas, setbacks, fencing and
signage.
1. The establishment of buffers s'��'„�,rl--acis required for all
development proposals and activities in or adjacent to streams. The
purpose of the buffer shall beis to protect the integrity, function, value,
and resources of the stream. Buffers shall typically consist of an
undisturbed area of native vegetation established to achieve the purpose
of the buffer. No buildings, structures, impervious surfaces or nonnative
landscaping shall Beare allowed in a buffer unless otherwise permitted by
this chapter. if the site has previously been disturbed, the buffeF area shall
plan,be revegetated pursuant te an appFaved enhancement Where flexible
buffer widths are permitted by this chapter, such enhancement shall be
considered in determining appropriate buffer widths. Buffers s -h -a -
must 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.
90 KCC 11.06
Critical Areas
Ordinance
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.
B. Standard buffer widths. The following standard buffers are
established for streams, as measured from the ordinary high water mark.
Stream Type
Type 1
Type 2
Type 3
Standard Buffer
Per Kent SMP
100 feet
40 feet
91 KCC 11.06
Critica/Areas
Ordinance
:
•
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.
B. Standard buffer widths. The following standard buffers are
established for streams, as measured from the ordinary high water mark.
Stream Type
Type 1
Type 2
Type 3
Standard Buffer
Per Kent SMP
100 feet
40 feet
91 KCC 11.06
Critica/Areas
Ordinance
C. Valley stream buffers. A special stream buffer and
mitigation/enhancement program shall apply to the industrialized areas
adjacent to portions of Mill Creek, Garrison Creek, and Springbrook Creek
on the valley floor. These areas are substantially developed for industrial
uses and existing, historical setbacks are typically less than fifty fso-) feet.
Existing buffers are degraded. These areas are generally identified by the
valley stream overlay map. The valley stream overlay area is generally
described as that area beginning at the Kent city limits where the Green
River and South 180th Street intersect, following South 180th Street
easterly to the eastern right-of-way line to SR 167, then moving south
along the SR 167 eastern right-of-way line to the intersection of 898th
Avenue South, then along the Green River Valley floor to West Smith
Street, then east along West Smith Street to East Titus Street, then along
East Titus Street to Central Avenue, then following the Green River Valley
floor to the Green River, then following the eastern edge of the Green
River to the point of beginning. The following standards shall apply to
development proposals adjacent to streams within the overlay:
1. Stream buffers shall be fifty �-feet.
2. The goal of the special program applicable to these streams
shall be to enhance existing vegetation and habitat to accomplish sediment
removal and erosion control, pollutant removal, placement of large woody
debris, and particularly to control water temperature. These objectives can
be accomplished with the required buffers.
3. The entire stream buffer shall be enhanced pursuant to aA
buffer management Cl"
enhancement plan ,consistent
wMI the mitigation performance standards in this section.
92 KCC 11.06
Critica/Areas
Ordinance
4. Buffer reductions are not de
perm edallowed except as permitted through the reasonable use
provisions of KCC 11.06.090 or the variance provision of KCC 11.06.100.
D. Increased buffers. A buffer width greater than the standard may be
required by the city based on the findings of site-specific studies prepared
consistent with these regulations, or to comply with state or federal plans
to preserve endangered or threatened species.
E. Buffer reduction with enhancement. Standard buffer
widths for degraded buffers may be reduced for Type 2 streams only,
subject to the following criteria
and in accordance with the stream
report,
1. Stream and riparian functions will not be reduced.
2. Salmonid habitat will not be adversely affected.
3. Additional enhancement of habitat is provided in conjunction
with the reduced buffer.
4§. The buffer width is not reduced by more than f-ift�-twenty five
rcent in any location.
56. All reduced buffers shall be mitigated through buffer
enhancement pursuant to the requirements of KCC 11.06.550.
93 KCC 11.06
Critics/Areas
Ordinance
F. Activities within buffer. No structures or improvements r"�eare
permitted within the stream buffer area, including buildings, decks, and
docks, except as otherwise permitted by this section, by the city's adopted
shoreline master program, or under one of the following circumstances,
and then only when properly mitigated:
1. When the improvements are
enhancement, restoration, or mitigation plan;-er
part of an approved
2. Construction of new public roads and utilities, and accessory
structures, when no feasible alternative location exists; er
3. Construction of foot,�edestrian or bicycle trails, according to
the following criteria:
�--Designed to minimize impact on the stream system.
b�. 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 education, recreation, scientific and other purposes
which will not adversely affect the overall functions and values of the
stream .
94 KCC Z Z.06
Critical Areas
Ordinance
4I Construction of footbridges and boardwalks.
5. Construction of educational facilities, such as viewing
platforms and informational signs
6 Construction of outdoor recreation structures, such as
fishing w- boat launches, benches, and picnic tables. -
7 Maintenance of existing facilities or temporary uses
having minimal adverse impacts on buffers and no adverse impacts on
streams These may include but are not limited to: maintenance of existing
drainage facilities and low intensity passive recreational activities such as
pervious trails nonpermanent wildlife watching blinds, short-term scientific
or educational activities, and sports fishing;
8 Stormwater discharge outlets with 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 feasible through proper design and function of the discharge
ystem To the extent that construction of such outlets impacts vegetation
in the buffer, restoration of the vegetation shall be required; or
9 Ongoing city maintenance activities by its public works
and parks department vegetation and management divisions shall be
permitted to continue general maintenance of streams and associated
buffers Maintenance shall include but not be limited to trash removal,
removal of nonnative vegetation, maintenance of existing vegetation as
necessary, restoration, enhancement, and sign and fence maintenance.
95 KCC 11.06
Critical Areas
Ordinance
G. Protection of streams/buffers. Long-term protection of a regulated
stream and its associated buffer shall be provided by placing it in a
seVarate tract on which development is prohibited; executing an easement
in favor of the cid in a form and manner acceptable to both the director
and the city attorney; dedication to a conservation organization or land
trust; or similarly preserved through a permanent protective mechanism
acceptable to the city. The location and limitations associated with the
stream and its buffer shall be shown on the face of the deed or plat, as
applicable, to the property and shall be recorded with the King County
recorder's office.
6a
Stermwater
discharge
peints
and energy elissipatien
is eernpleted
and
structures,
provided
mitigatien
and
enhaneement
approved by
the eity.
G. Protection of streams/buffers. Long-term protection of a regulated
stream and its associated buffer shall be provided by placing it in a
seVarate tract on which development is prohibited; executing an easement
in favor of the cid in a form and manner acceptable to both the director
and the city attorney; dedication to a conservation organization or land
trust; or similarly preserved through a permanent protective mechanism
acceptable to the city. The location and limitations associated with the
stream and its buffer shall be shown on the face of the deed or plat, as
applicable, to the property and shall be recorded with the King County
recorder's office.
H�. Buffer enhancements. The applicant may propose to implement one
or more enhancement measures, listed in order of preference below, which
will be considered in establishing buffer requirements:
96 KCC 21.06
Critical Areas
Ordinance
MMUP
--
:-
: -
- :
-:-
. -
:
::-
H�. Buffer enhancements. The applicant may propose to implement one
or more enhancement measures, listed in order of preference below, which
will be considered in establishing buffer requirements:
96 KCC 21.06
Critical Areas
Ordinance
1. Removal
anadromous fish.
of fish barriers to restore accessibility to
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 aestheticf or
recreational value.
5. Landscaping outside the buffer area with native vegetation or
a reduction in the amount of clearing outside the buffer area.
6. Enhancement of wildlife habitat by adding structures that are
likely to be used by wildlife, including wood duck houses, bat boxes,
nesting platforms, snags, rootwads/stumps, birdhouses, and heron nesting
areas.
7. Additional mitigating measures may include but are not
limited to the following:
a. Creating a surface channel where a stream was
previously culverted or piped.
97 KCC 11.06
Critica/Areas
Ordinance
b. Removing or modifying existing stream culverts (such
as at road crossings) to improve fish passage and flow capabilities which
aI e 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.
I Buffer restoration required If the stream buffers including both
standard buffers and reduced buffers, are degraded they shall be restored
during development pursuant to an approved restoration plan. If the plan
includes establishing a suitable growth of native plants maintenance and
monitories of the buffer for a period of at least five years shall be provided
pursuant to an approved monitoring plan as required by KCC 11.06.570,
including a financial guarantee until the maintenance and monitoring
demonstrated that there will be no impacts from the proposed
development to the stream or stream buffer, the director shall have the
authority to waive or modify this requirement.
J. Bui/ding setback lines A minimum BSBL of fifteen feet shall be
required from the edge of a stream buffer, provided the director may
reduce the building setback limit by up to five feet if construction,
Aeration and maintenance of the building does 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
98 KCC iY.06
Critica/Areas
Ordinance
writing by the director, and may require mitigation such as buffer
enhancement.
K. Fencing and signage All development and subdivisions to which this
chapter applies shall construct a wildlife -passable fence along the entire
stream buffer edge unless otherwise approved by the director. Critical
area signs must also be attached to the fence or located just inside the
wildlife=passable fence attached to a four by four inch cedar post or other
nonpressure treated materials approved by the city. Signs must be located
at a rate of one sign per residential lot and one sign per one hundred feet
for all public rights-of-way, trails, parking areas, playgrounds, and all other
uses located adjacent to streams and associated buffers.
Sec. 11.06.690. Alteration or development —Standards and
criteria. Alteration of streams mor 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 KCC
11.06.550.
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 shall give special consideration to the preservation and
enhancement of fish habitat, including but not limited to the following.
1. The activity is timed to occur only within the allowable work
window for the particular species as identified by the Washington
Department of Fish and Wildlife.
gg KCC 11.06
Critical Areas
Ordinance
2R The activity is designed so as not to degrade the functions
and values of the habitat and any impacts are mitigated.
3. An alternate location or design is not feasible.
C. Relocation of a Type 2 or 3 stream solely to facilitate general site
design shall not be permitted. Relocation of a stream may be permitted
only when it is part of an approved mitigation or enhancement/restoration
plan, and will result in equal or better habitat and water quality, and will
not diminish the flow capacity of the stream.
D.
E—.All new culverts shall be designed following guidance provided in the
Washington Department of Fish and Wildlife's document. Water Crossing
Design Guidelines, 2013 (or
most recent version thereof). The applicant shall obtain a HPA from the
Department of Fish and Wildlife. Culverts are allowed only in Types 2 and
3.
E�. The applicant or successors shall, at all times, keep any culvert free
of debris and sediment to allow free passage of water and, if applicable,
fish.
F6. The city may require that a culvert be removed from a stream as a
condition of approval, unless the culvert is not detrimental to fish habitat
or water quality, or removal would be a long-term detriment to fish or
wildlife habitat or water quality.
100 KCC 1 1v0
Critical Areas
Ordinance
Sec. 11.06.700. Mitigation performance standards. The
performance standards in this section, and the standards in KCC 11. 06.550
and 11.06.560 shall be incorporated into mitigation plans submitted to the
city for impacts to streams. Mitigation plans are subject to approval by the
d i rectorc-ity-e€ Kent.
A. Use plants native to the Puget lowlands or Pacific Northwest
ecoregion;_ _-nNonnative, introduced plants, or plants listed by the
Washington State Department of Agriculture as noxious weeds (Chapter
16-750 WAC) shall not be used.
B. Use plants adapted to and appropriate for the proposed habitats and
consider the ecological conditions known or expected to be present on the
site.
C. Avoid planting significant areas of the site with species that have
questionable potential for successful establishment, such as species with a
narrow range of habitat tolerances.
D. Specify plants that are commercially available from native -plant
nurseries or available from local sources; if collecting some or all native
plants from donor sites, collect in accordance with ecologically accepted
methods, such as those described in the Washington Native Plant Society's
Policy on Collection and Sale of Native Plants, that do not jeopardize the
survival or integrity of donor plant populations.
E. Use perennial plants in preference to annual species;--a;-�;�-aTs s
WAKMERVIEWROMI&WAILWAVAIRINIP MINE[ OF
101 KCC 1 i.06
Critical Areas
Ordinance
praetiees. 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 public works department, comply with all
applicable best management practices for clearing, grading, and erosion
control to protect any nearby surface waters from sediment and turbidity.
I. Show densities and placement of plants. These should be based on
the ecological tolerances of species proposed for planting.
J. Provide sufficient specifications and instructions to ensure proper
placement diversity and spacing of seeds, tubers, bulbs, rhizomes, springs,
plugs, and transplanted stock, and other habitat features, to provide a
high probability of success, and to reduce the likelihood of prolonged
losses of wetland functions from proposed development. Prepare
contingency plans as described in KCC 11.06.5-58570 for all mitigation
proposals.
102 KCC 11,06
Critical Areas
Ordinance
K. Do not rely on fertilizers and herbicides to promote establishment of
plantings. If fertilizers are used, they must be approved in writing by the
department and other applicable agencies, and shall be applied per
manufacturer specifications to planting holes in organic or time -release
forms, such as Osmocote® or comparable formulations, and never
broadcast on the ground surface, if herbicides are used to control invasive
species or noxious weeds and to help achieve performance standards, only
those approved for use in aquatic ecosystems by the Washington
Department of Ecology shall be used. Herbicides shall only be used in
conformance with all applicable laws and regulations and be applied per
manufacturer specifications by an applicator licensed in the state of
Washington.
Sec. 11.06.710. Wildlife habitat classification and rating.
Wildlife habitat areas subject to these regulations include habitat classified
as ""fish and wildlife habitat conservation
areas" and "naturally occurring ponds" according to the criteria in this
section.
A. Fish and wildlife habitat conservation areas''�'��' "�"'�'� are those
habitat areas which meet any of the following criteria.
1. The documented presence of federally or state listed
endangered threatened, or sensitive species.
The decungented presence of speeles eF-habitat listed by federal eF state
., ,. ,.
IN priority,"
2a The documented presence of species and habitats found on
the Washington Department of Fish and Wildlife Priority Habitats and
Sp
ecies databases, current cid habitat maps, or other relevant databases.
103 KCC 11.06
Criticai Areas
Ordinance
3. The presence of unusual nesting or resting sites such as
heron rookeries or raptor nesting trees. This provision shall be limited to
raptors which are included within the listed categories of wildlife noted in
subsection (A)(24:) of this section, and shall apply to active nests.
To dernens.trate that a nesting site is inaetive and net subjeet te these
and submit. a repeFt decumenting that it is net currently being used by the
relevant
B. Naturally occurring 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 fish and wildlife habitat conservation areas c-ri�i-ea-E
gabitat areas shall be determined by the department, based on a critical
area report prepared by the appliea a qualified professional pursuant to
this chapter and in consideration of the following factors.
1. Research and evaluation of best available science sources
relevant to species and habitat present within the city, as documented in
City of Kent Best Available Science Review for Fish and Wildlife Habitat
Conservation Areas, 2004, or amendments thereto.
2. Species-specific management guidelines of the Washington
Department of Fish and Wildlife.
104 KCC 11.06
Critical Areas
Ordinance
3. Recommendations contained in the wildlife study submitted
by a qualified professional,z, 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. The critical area report must meet the criteria listed in section
11 06 070 of this code in addition to the following conditions:
1 A narrative summate of existing habitat functions and values.
2 The documented presence of species and habitats found on
the Washington Department of Fish and Wildlife Priority Habitats and
pecies databases current city habitat maps, or other relevant databases.
3 A description and location of any migration or movement
corridors.
4 Identification of a� areas that have previously been
disturbed or degraded by human activity or natural processes.
5 Identification of edges between habitat types and any species
commonly associated with those habitats.
6 Monitor each nesting site prior to construction and submit a
report documenting that it is not currently being used by the relevant
pecies to demonstrate that the nesting site is inactive and not subject to
these regulations.
105 KCC 11.06
Critical Areas
Ordinance
$UV Buffers for ponds shall be seventy-five {r3} -feet plus a fifteen {--3-}
foot BSBL.
D. Certain uses and activities t%bie-I�that are consistent with the purpose
and function of the habitat buffer and do not detract from its integrity may
be permitted by the department within the buffer depending on the
sensitivity of the habitat area. Examples of uses and activities with minimal
impact which may be permitted in appropriate cases include pie
pedestrian trails, fishing pieFs and viewing platforms, and utility
easements, provided, that any impacts to the buffer resulting from
permitted facilities shall be mitigated. When permitted, such facilities
shallsheuld be located in the outer ten (10)feet of the buffer, unless
otherwise approved by the director.
E. Long-term protection of a fish and wildlife habitat conservation area
and itseritieal habitat eas and `hei associated bufferfs shall be provided
by placing them in a separate tract on which development is prohibited;
executienng ef-an easement in favor of the city, in a form
and manner acceptable to both the director and the city attorney;
dedication to a conservation organization or land trust; or a—similarLy
preserved through a permanent protective mechanism acceptable to the
city. The location and limitations associated with the abiCUT: sh and
wildlife habitat conservation area and its buffer shall be shown on the face
of the deed or plat, as applicable, to the property and shall be recorded
with the King County recorder's office.
106 KCC 11,06
Critical Areas
Ordinance
IN a OWN W am
'WA
:
:' :
D. Certain uses and activities t%bie-I�that are consistent with the purpose
and function of the habitat buffer and do not detract from its integrity may
be permitted by the department within the buffer depending on the
sensitivity of the habitat area. Examples of uses and activities with minimal
impact which may be permitted in appropriate cases include pie
pedestrian trails, fishing pieFs and viewing platforms, and utility
easements, provided, that any impacts to the buffer resulting from
permitted facilities shall be mitigated. When permitted, such facilities
shallsheuld be located in the outer ten (10)feet of the buffer, unless
otherwise approved by the director.
E. Long-term protection of a fish and wildlife habitat conservation area
and itseritieal habitat eas and `hei associated bufferfs shall be provided
by placing them in a separate tract on which development is prohibited;
executienng ef-an easement in favor of the city, in a form
and manner acceptable to both the director and the city attorney;
dedication to a conservation organization or land trust; or a—similarLy
preserved through a permanent protective mechanism acceptable to the
city. The location and limitations associated with the abiCUT: sh and
wildlife habitat conservation area and its buffer shall be shown on the face
of the deed or plat, as applicable, to the property and shall be recorded
with the King County recorder's office.
106 KCC 11,06
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Sec. 11.06.730.
Performance standards - 7talteration or
development of wildlife habitat.
A. Fish and wildlife habitat conservation
Alterations of fish and wildlife habitat conservation areas r;tieal "a
shall be avoided, subject to the variance or reasonable use provisions of
this chapter.
B. Where permitted by these regulations, alteration shall not degrade
the functions and values of the habitat.
C Specific habitat endangered, threatened, and sensitive species.
1 No development shall be allowed within a fish and wildlife
habitat of importance or buffer with which state or federally endangered,
threatened, or sensitive species have a primary association except as
otherwise approved through this chapter. For fish habitat of importance on
lands regulated under the Kent shoreline master program, development
aIso must meet the use and development requirements of the Kent
shoreline master program.
2 Whenever activities are proposed adjacent to a fish and
wildlife habitat of importance with which state or federally endangered,
threatened, or sensitive species have a primary association such area
shall be protected through the implication of protection measures in
accordance with a critical areas report prepared by a qualified professional
and approved by the city. Approval for alteration of land adjacent to the
fish and wildlife habitat of importance or its buffer shall not occur prior to
107 KCC I1.06
Critics/Areas
Ordinance
consultation with the Department of Fish and Wildlife and the appropriate
federal agency.
Da Zecific habitat: great blue heron rookery.
1. A buffer measured from the outermost nest tree in the
rookeJ. rshall be established around an active rookery. This area shall be
maintained in native vegetation.
The table below includes the year-round buffers for great blue heron
rookeries recommended by the Washington Department of Fish and
Wildlife Management Recommendations.
Great Blue
Heron Rooker
Recommended Buffers
% built within 1/4 mile of
the nest colon
Feet
Settinci
984
Undevelo
ed
0 - 2%
656
Suburban/Rural
2 - 50%
197
Urban
> 50%
2 Between January 1st and July 31st, no clearing, grading or
land disturbing activity shall be allowed within the applicable buffer listed
above unless otherwise approved by the city and the Washington
Department of Fish and Wildlife.
3 Approval of permits for activities within a heron rookery
buffer shall not occur prior to the approval of a habitat management plan
I y the city and the Washington Department of Fish and Wildlife.
E Specific habitat: anadromous fish.
108 KCC 11.06
Critical Areas
Ordinance
1a All activities uses and alterations proposed to be located in
water bodies used by anadromous fish or in buffer areas that affect such
water bodies shall give special consideration to the preservation and
enhancement of anadromous fish habitat, including but not limited to,
adhering to the following standards.
a Activities shall be timed to occur only during the
allowable work window as designated by the Washington Department of
Fish and Wildlife for the applicable species;
not feasible;
b An alternative alignment or location for the activity is
c The activity is designed so that it will provide an
overall improvement in the functions or values of the fish habitat or other
critical areas; and
d Ank impacts to the functions or values of the habitat
conservation area are mitigated in accordance with an approved critical
areas report.
Sec.
planniIgo
11.06.740.
performance
Performance standards for
standards
mitigation
in this section, and the general
standards in NCC 11.06.550, shall be incorporated into mitigation plans
submitted to the department for impacts to wildlife habitat
he following
additional mitigation measures shall be incorporated
planning:
T
in mgation
KCC ZZ.06
Critical Areas
Ordinance
1. Locate buildings and structures in a manner that minimizes
adverse impacts on fish and wildlife habitat conservation areaeritieal
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 fish and wildlife habitat
conservation areas ���`���' "�"�'�`"' into larger, unfragmented, contiguous
blocks.
4. Use native plant species for landscaping of disturbed or
undeveloped areas and in any habitat enhancement or restoration
activities.
5. Create habitat heterogeneity and structural diversity that
emulates native plant communities described in Natural Vegetation of
Oregon and Washington (Franklin, J.F. and C.T. Dyrness 1988) or other
regionally recognized publications on native landscapes.
6. Remove for control any noxious and invasive weeds or
e�et't�non-native animals wh
-ietrthat 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.
110 KCC 11.06
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B. On completion of construction, any approved mitigation project must
be signed off by the applicant's qualified eensultailLprofessional and
approved by the department. A signed letter from the censultantqualified
professional will indicate that the construction has been completed as
approved, and approval of the installed mitigation plan will begin the
monitoring period if appropriate.
Article VI. Geological Hazard Areas
Sec. 11.06.750. Buffers and setbacks.
A. A buffer shall be established to protect geologic hazard areas.
Buffers and setbacks shall be established from the top, bottom, and sides
of critical areas. Unless permitted by the director, native vegetation within
buffer areas shall not be in9pa and shall remain in th-e+rits
natural state. The width of the buffer shall be established by the
department based on consideration of the following factors.
1. The recommendations contained in the geologic geotechnical
report required by this chapter, provided--a�t� that it is prepared by a
qualified eensultant professional.
2. The sensitivity of the geologic hazard in question.
3. The type and intensity of the proposed land useF whether the
proposed use may
affect the .geologic hazard, or whether the use itself will
be affected by the geologic hazard.
B. All buffers shall include a minimum fifteen �-}-foot BSBL.
111 KCC 11.06
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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.
i. Minimum buffer width from identified fey -landslide hazard
areas shall be equal to the vertical height of the landslide hazard or fifty
f5O-)-feet, whichever is greater, for all landslide hazard areas that measure
ten f14) feet or more in vertical elevation change from top to toe of slope,
as identified in the geotechnical report, maps, and field -checking. No
disturbance may occur within the buffer except as provided within this
chapter.
2. The buffer may be reduced when a qualified professional
demonstrates to the department's satisfaction that the reduction will
adequately protect the proposed development, adjacent developments and
uses, and the subject critical area. In no case shall the buffer be less than
twenty-five f2-5)4eet.
3. To increase the functional attributes of the buffer, the
department may require that the buffer be enhanced through planting of
indigenous species.
4. The edge of the buffer area shall be clearly staked, flagged,
and fenced prior to any site clearing or construction. The buffer boundary
markers shall be clearly visible, durable, and permanently affixed to the
ground. Site clearing shall not commence until the engineer has submitted
written notice to the department that buffer requirements of this regulation
are met. Field marking shall remain until all construction and clearing
112 KCC 21,06
Critical Areas
Ordinance
phases are completed
department.
and final approval has been granted by the
Sec. moo./60. Alterations of geologic hazard areas.
A. Criteria. Alterations of geological hazard areas or associated buffers
may only occur for activities that meet the following criteria:
i. Will not increase the existing threat of the geological hazard
to adjacent properties.-.�
2. Will not adversely impact other critical areas.-.�
3. Are designed so that the hazard to the project is eliminated or
mitigateA
to a level equal to or less than pre -development conditions.-; and
4. Are certified as safe as designed under anticipated conditions
by a qualified engineer or geologist, licensed in the state of Washington.
The department may condition or deny proposals as appropriate to achieve
these criteria. Conditions may include limitations of proposed uses,
modification of density, alteration of site layout,. ,and other appropriate
changes to the proposal.
B. �;-t;�/Necessary public facilities. Public emergency, health, and
safety facilities, and public utilities shall not be sited within geologically
hazardous areas, or in areas that could be affected by geologic hazards,
such as landslide run out zones unless there is no other practicable
alternative.
113 KCC 11.06
Critical Areas
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C. Landslide hazard areas.
1. Alterations to landslide hazard areas may be permitted based
on the findings and recommendations of a geologic report prepared
consistent with the requirements of this chapter and certifying that the
development complies with the criteria in subsection (A) of this section.
2. Unless otherwise provided or as a necessary part of an
A
approved alteration, removal of any vegetation from a landslide hazar
area or buffer shall be prohibited, except for removal of hazard trees as
verified by the department.
3. Vegetation on slopes within a landslide hazard area or buffer
which has been damaged by human activity or infested by noxious and
invasive weeds may be replaced with vegetation native to Kent pursuant to
an enhancement plan approved by the department. The use of hazardous
substances, pesticides, and fertilizers in landslide hazard areas and their
buffers is prohibited unless otherwise approved by the department in
writing.
4. All alterations shall be undertaken in a manner to minimize
disturbance to the landslide hazard area, slope, and vegetation unless the
alterations are necessary for slope stabilization.
D. Erosion hazard areas.
1. Clearing in an erosion hazard area is not limited to time of
year, except when such restrictions are recommended in the geotechnical
report and approved by the department.
114 KCC 11.06
Critical Areas
Ordinance
2I Alterations to erosion hazard areas may only occur for
activities for which a hazard analysis has been completed and submitted
certifying that the development complies with the criteria in subsection (A)
of this section. The hazard analysis must be completed in general
accordance with the requisites described in the geologic report.
3. Where the department determines that erosion from a
development site in an erosion hazard area poses a significant risk of
damage to downstream receiving waters, based either on the size of the
project, the proximity to the receiving water or the sensitivity of the
receiving water, the applicant shall be required to provide regular
monitoring of surface water discharge from the site. Monitoring reports
shall be submitted to the department based on provisions in an approved
mitigation plan. If the project does not meet state water quality standards,
the department may suspend further development work on the site until
such standards are met.
4. The use of hazardous substances, pesticides, and fertilizers in
erosion hazard areas is prohibited unless otherwise approved by the
department.
E. Seismic hazard areas.
1. Alterations to seismic hazard areas may be allowed only as
follows:
a. The evaluation of site-specific subsurface conditions
shows that the proposed development site is not located in a seismic
hazard area;
115 KCC 11.06
Critics/Areas
Ordinance
b. Mitigation based on the best available engineering and
geotechnical practices shall be implemented which either eliminates or
minimizes the risk of damage, death, or injury resulting from seismically
I
nduced settlement or soil liquefaction. Mitigation shall be consistent with
the requirements of Glg-.Chater 14.01 KCC and shall be approved by the
building official; and
c. Mobile homes may be placed in seismic hazard areas
without performing special studies to address the seismic hazard. Such
mobile homes may be subject to special support and tie -down
requirements.
F. Volcanic hazard areas. The city shall maintain a map that indicates
the location of volcanic hazards areas. Sites w4ethat are located on or
within two hundred (200) feet of an identified volcanic hazard area shall
include a notation on the title to the affected property disclosing the
presence of the hazard.
Article VII. Critical Aquifer
Recharge Areas
Sec. 11.06.770 Critical aquifer recharge areas designation,
rating and mapping.
A. Critical aquifer recharge areas designation. Critical aquifer recharge
areas (CARAs) are those areas with a critical recharging effect on aquifers
used for potable water as defined by WAC 365-190-030(30. CARAs have
prevailing geologic conditions associated with infiltration rates that create
a high potential for contamination of groundwater resources or contribute
116 KCC 11,06
Critical Areas
Ordinance
significantly to the replenishment of groundwater. These areas include the
following:
1. Wellhead protection areas. Wellhead protection areas shall be
defined by the boundaries of the ten VM -U7 -year time of groundwater travel,
or boundaries established using alternate criteria approved by the
Department of Health in those settings where groundwater time of travel is
not a reasonable delineation criterion, in accordance with WAC 246-290-
135.
2. Susceptible groundwater management areas. Susceptible
groundwater management areas are areas that have been designated as
moderately or highly vulnerable or susceptible in an adopted groundwater
management program developed pursuant to Chapter 173-100 WAC.
3. Special protection areas. Special protection areas are those
areas defined by WAC 173-200-090.
4. Private wells. Private wells are not governed by this code;
however, all provisions of the King County Board of Health Code 12.24.010
shall be applicable.
B. Mapping of critical aquifer recharge areas.
1. The approximate location and extent of critical aquifer
recharge areas are shown on the wellhead protection area inventory map,
maintained by the department.
2. These maps are to be used as a guide for the city of Kent,
project applicants for property owners, and may be continuously
117 KCC 11.06
Critical Areas
Ordinance
updated as new critical areas are identified or when updates to the city of
Kent wetland wellhead protection program are completed. They are a
reference and do not provide a final critical area designation.
3. This mapping does not include private water wells for single-
family residences.
Sec. 11.06.780. Critical aquifer recharge area reporting
requirements.
A. Activities that require a critical area report. If located within a CARA,
the following land use proposals shall be required to complete a critical
aquifer recharge area report. The report shall be submitted to, and
reviewed and approved by the department for -..0
1. Above ground storage tanks.
2. Dry cleaners.
3. Pipelines (hazardous liquid transmission).
4. Auto repair shops (including oil/lube facilities).
5. Underground storage tanks.
6. Gas stations.
7. Other land use types as determined by the director that may
have the potential to significantly impact groundwater resources.
B. Requirements for critical aquifer recharge area reports.
1. Acritical aquifer recharge area report shall be prepared by a
qualified professional who is a hydrogeologist, or engineer, who is licensed
118 KCC I L 06
Critical Areas
Ordinance
in the state of Washington and has experience in preparing hydrogeologic
assessments.
2. A critical aquifer recharge area report shall include the
following site- and proposal -related information at a minimum:
a. Available information regarding geologic and
hydrogeologic characteristics of the site including the surface location of all
critical aquifer recharge areas located onsite or immediately adjacent to
the site, and permeability of the unsaturated zone based on available
information.
b. Groundwater depth, flow direction, and gradient based
on available information.
c. Currently available data on wells and springs within one
thousand three hundred feet of the project area.
area.
d. Location of other critical areas, including surface
waters, within one thousand three hundred {l—,3-G
8�—feet of the project
e. Available historic water quality data for the area to be
affected by the proposed activity.
f. Best management practices proposed to be utilized.
g. Historic water quality data for the area to be affected
by the proposed activity compiled for at least the previous five {-�-3--year
period based on available information.
119
KCC 11.06
Critical Areas
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h. Groundwater monitoring plan provisions.
i. Discussion of the effects of the proposed project on the
groundwater quality and quantity, including:
effects.
i. Predictive evaluation of groundwater withdrawal
ii. Predictive evaluation of contaminant transport
based on potential releases to groundwater.
j. A spill plan that identifies equipment and{ structures
that could fail, resulting in an impact for construction periods and for
general operating business procedures post -construction. Spill plans shall
include provisions for regular inspection, repair, and replacement of
structures and equipment that could fail.
Sec. 11.06.790. Critical aquifer recharge area performance
standards.
A. General requirements.
1. Activities may only be permitted in a critical aquifer recharge
area if the applicant can show that the proposed activity will not cause
contaminants to enter the aquifer and that the proposed activity will not
adversely affect the recharging of the aquifer.
2. The proposed activity must comply with the water source
protection requirements and recommendations of the federal
120 KCC 11.06
Critical Areas
Ordinance
Environmental Protection Agency, State Department of Health, and the
Seattle -King County Health Department.
3. The proposed storm water management facilities must be
designed and constructed in accordance with the Kent Surface
Water Design Manual. as adopted by the city of Kent pursuant to
C—IChapter 7.07 KCC_including any amendments thereto.
B. Specific uses,
1. Storage tanks. All storage tanks proposed to be located in a
critical aquifer recharge area must comply with all applicable codes
including, but not limited to, the Washington State Department of Ecology
and local code requirements and must conform to the following.
a. Underground tanks. All new underground storage
facilities proposed for use in the storage of hazardous substances or
hazardous wastes shall be designed and constructed so as to.
i. Prevent releases due to corrosion or structural
failure for the operational life of the tank.
ii. Be protected against corrosion, constructed of
noncorrosive material, steel clad with a noncorrosive material, or designed
to include a secondary containment system to prevent the release or
threatened release of any stored substances.
iii. Use material in the construction or lining of the
tank that is compatible with the substance to be stored.
121 KCC 11.06
Critical Areas
Ordinance
b. Aboveground tanks. All new aboveground storage
facilities proposed for use in the storage of hazardous substances or
hazardous wastes shall be designed and constructed so as to.
i. Not allow the release of a hazardous substance
to the ground, groundwaters, or surface waters.
ii. Have primary containment areas enclosing or
underlying the tank or part thereof.
iii. A secondary containment system either built into
the tank structure or a dike system built outside the tank for all tanks.
iv. All outside above ground storage tanks shall be
covered to prevent rainwater from filling secondary containment areas.
2. Vehicle repair and servicing. Vehicle repair and servicing must
be conducted over impermeable pads and within a covered structure
capable of withstanding normally expected weather conditions. Chemicals
used in the process of vehicle repair and servicing must be stored in a
manner that protects them from weather and provides containment should
leaks occur.
3. Dry wells. No dry wells shall be allowed in critical aquifer
recharge areas. Dry wells existing on the site prior to facility establishment
must be abandoned using techniques approved by the State Department of
Ecology prior to commencement of the proposed activity.
122 KCC 11.06
Critica/Areas
Ordinance
4, Residential use of p
esticides and nutrients. Application of
h
exceed times and
ousehold pesticides, herbicides, and fertilizers shall not
rates specified on the packaging.
5. Spreading or injection of reclaimed water. Water reuse
rojects for reclaimed water must be in accordance with the adopted water the
p roved y
or sewer comprehensive plans that have been app
Departments of Ecology and Health.
a. Surface spreading
must meet the groundwater
recharge criteria given in RCW 90.46.010(10) and 90.46.080.
b. Direct injection must be in accordance with the
standards developed by authority of RCW 90.46.042.
nd
Sec. 11.06.800. Prohibited uses. The following activities a
uses are prohibited in critical aquifer recharge areas:
A.
ous waste
Landfills. Landfills, including hazardous or danger,
municipal solid waste, special waste, wood waste, and inert and demolition
waste landfills.
IIII and IV wells and
g, Underground injection wells. Class 5W31, 5X13, 5X14,
subclasses F011 5D03, 5F041
5W09, 5W 10, 5W 11,
5W20, 5X281 and 5N24 of Class V wells.
C, Mining.
1, Metals and hard rock mining.
123
KCC 11.06
Critical Areas
Ordinance
z Sand and gravel mining is prohibited from critical aquifer
recharge areas determined to be highly susceptible or vulnerable.
D. Wood treatment facilities. Wood treatment facilities that allow any
portion of the treatment process to occur over permeable surfaces (both
natural and manmade)
E. Storage, processing, or disposal of radioactive substances. Facilities
that store, process, or dispose of radioactive substances.
F. Private wells. Any property within the city of Kent using a private
well for water supply shall abate the well in accordance with Department of
Ecology standards, when development is proposed and can be serviced by
a municipal water purveyor. Retention of exempt wells shall not be
permitted for irrigation purposes to prevent potential cross -contamination
issues.
1. All property currently with a private well, or within two
hundred (200) feet of a private well, shall follow all conditions of the King
County Board of Health Code 12.24.010 in the design of the development
of the property. Any proposed development plans shall show all private
wells within two hundred (200) feet.
G. Other uses. Activities that would significantly reduce the recharge to
aquifers currently or potentially used as a potable water source or
activities that would significantly reduce the recharge to aquifers that are a
source of significant base flow to a regulated stream.
SECTION 2. -Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
124 KCC 11.06
Critical Areas
Ordinance
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors, ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days after its passage, as provided by law.
ATTEST:
RONALD
APPROVED
ARTHUR
PASSED:
OF3�, CITY
RM:
COOKE, MAYOR
PATRICK, ACTING CITY ATTORNEY
APPROVED: day of 2015.
PUBLISHED: day of , 2015.
125 KCC 11.06
Critical Areas
Ordinance
11 1! 1! 111 11 1 1111111 11111111
11111111111 11111 1
I III
-� 1 •
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
P:\Civil\Ordinance\Critical Areas Ordinance KCC it 06.dooc
EAL)
126 KCC 11.06
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