Loading...
HomeMy WebLinkAboutCity Council Meeting - Council Workshop - Agenda - 10/19/2004 Council Workshop Agenda • All Councilmembers • Julie Peterson, Council President KENT W A S H I N G T O N October 191, 2004, 2004 5:30 PM — 6:15 PM Item Description Speaker Time 1. Critical Areas Update Fred Satterstrom 40 min Unless otherwise noted,the Council Workshops are held at 5:30 p.m.on the 1S`and 3rd Tuesdays of each month. Council Chambers East,Kent City Hall,220 4th Avenue South,Kent, 98032-5895. For information please contact the City Clerk's Office at(253)856-5712. Any person requiring a disability accommodation should contact the City Clerk's Office at (253)856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. S:\PUBLIC\CLERK\City Council Conunittee Packets\Council Workshop\WorkshopCornn itteel01904.doc COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director • PLANNING SERVICES KE N T Charlene Anderson,AICP,Manager W A S H I N G T O N Phone:253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. October 13, 2004 Kent,WA 98032-5895 TO: COUNCIL PRESIDENT JULIE PETERSON AND COUNCIL MEMBERS FROM: KIM MAROUSEK, AICP, PRINCIPAL PLANNER SUBJECT: ZONING CODE AMENDMENT #ZCA-2002-4 CRITICAL AREAS ORDINANCE UPDATE SUMMARY: On October 4, 2003, the Planning and Economic Development Committee, moved to forward#ZCA-2002-4 to the City Council for consideration. A copy of the proposed code amendment is attached. A complete copy of the file is available in the council office for review. BUDGET IMPACT: None BACKGROUND: As a requirement of the five—year GMA update, the City is evaluating its existing critical area regulations. Staff has prepared a draft ordinance with recommended changes to the existing regulations based upon best available science (BAS) review. The critical areas ordinance (CAO) addresses regulations relative to wetlands, geologic hazard areas, critical aquifer recharge areas, and fish and wildlife habitat. By state law, frequently flooded areas are also considered a critical area. Kent's frequently flooded areas are contained in KCC 14.09; proposed revisions to this code section are also included. The draft CAO consolidates all regulations, with the exception of frequently flooded areas, into one code section to be administered by the Public Works Department. The adoption of the i CAO will repeal existing regulations relative to wetlands, streams and geologic hazard areas and consolidate those into one new code section. PROPOSED CHANGES: Upon review of the Best Available Science (BAS), internal review and public comments, staff has formalized the recommended code revisions for each critical area element. The following discussion highlights substantive proposed changes relative to the existing critical area regulations. Administration: The CAO is drafted to be administered as one, consolidated ordinance by the Public Works Department. The exception is that the frequently flooded regulations will remain in KCC 14.09, but will also be administered by the Public Works Department. This will provide for a more consistent approach to applying the regulations especially when there are multiple critical areas present on a site, such as wetlands and streams. The code will also administratively provide for a limited number of activities which are exempt from the CAO because they would not, by their nature, cause significant impacts to critical areas, or because they are exempt by other provisions of state law (e.g., legally vested projects), or because they provide valuable educational or recreational opportunities. Additionally, there is discretion granted to the Director to allow for administrative variations to buffer widths, for example through buffer averaging. Buffer averaging would only be permitted in certain instances and when appropriate mitigation is also provided. The ability to provide buffer averaging was considered within the BAS evaluation. Wetlands: Currently, the wetland regulations are found in KCC 11.05. Staff is proposing a three-tiered wetland category approach which is similar to the existing regulations. The primary change from the existing regulations is relative to the proposed buffer widths,which are reflected in the table below. Category Existing Buffer Drat Pro osedBuffer 1 100—feet 125—feet 2 50—feet 75—feet 3 25—feet 50—feet Geologic Hazard Areas: Current hazard area regulations are contained within KCC 15.08.220-224. They are defined as low, moderate and severe hazard areas. The existing regulations limit the amount of impervious surface area which can be placed within the defined hazard area. The regulations also call out setbacks for "ravines." Under the GMA, geologic hazard areas are defined as: landslide, erosion, seismic and volcanic hazard areas. The BAS analysis supports a minimum buffer for landslide hazard areas equal to the vertical height of the landslide area or fifty (50) feet, whichever is greater. Buffer reductions may be permitted if supportable through a site-specific geotechnical evaluation. However, from a policy standpoint, staff has added language that would not allow a reduction of a landslide buffer below 25-feet. The draft regulations would also limit the way in which work could proceed within an erosion area. Frequently Flooded Areas: These regulations currently exist in Section 14.09 of the Kent City Code and will remain in this code section. The proposed changes are minor in nature and deal primarily with administrative clarifications. Some minor language was also added with respect to water well locations and recreational vehicles that may be placed in flood areas. Wildlife Conservation Areas: The existing code does not contain a provision for wildlife conservation areas. This new code section is defined as an area with the documented presence of listed species or habitat by a federal or state agency; unusual nesting or resting sites such as heron rookeries or raptor nesting trees; category 1 wetlands; and ponds less than 20 acres in size. Appropriate buffers would be established through a site specific wildlife study, except for ponds which would have a prescriptive buffer width of 75—feet. It is important to note that wildlife areas often overlap with other critical areas such as wetlands or streams. All of the regulatory requirements for each critical area on a specific site would apply. Critical Aquifer Recharge Areas (CARAs): The existing city code does not currently contain a provision for CARAs. Generally, CARAs are defined as wellhead protection areas and are areas that have geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources, or contribute significantly to the replenishment of ground water. Within CARAs, certain types of land uses would either be prohibited or would require additional analysis and may be restricted. Types of prohibited land uses include heavy land uses such as: landfills; injection wells; mining operations; wood treatment facilities; storage, processing and handling of radio active waste; and, other activities that could significantly impact potable water sources or stream base flows. Types of uses that would require additional analysis and may result in restrictions include: above ground storage tanks; dry cleaners; pipelines with hazardous liquid transmission; auto repair facilities; underground storage tanks; and gas stations. Streams: Current regulations for streams are found in KCC 15.08.220-224. These regulations differentiate between the stream systems in the valley (Major Creeks, Minor Creeks and ditches) and those within City Council Workshop 10/19/04 Critical Areas Ordinance Update#ZCA-2002-4 Page 2 of 4 the Soos Creek system (stream Types 1 —3 and ditches). The "valley" stream system regulations were created in the early 1980's, whereas the Soos Creek regulations were developed by King County in the early 1990's and were retained by Kent when the East Hill areas were annexed. Staff proposes a three-tiered system which closely resembles the existing Soos Creek Overlay standards. The stream-typing system is expressed in the table below. Functionally, the proposed setbacks remain largely unchanged. Proposed Stream Regulations Category Definition Proposed Bu er Type i Shorelines of the State B SMP Type 2 Salmonid bearing segments of natural waters not classified as 100 feet Type 1 Water,with documented Salmonid use. This category also refers to lakes,ponds,or impoundments having a surface area of 1 acre of greater at seasonal low water. Salmonid Bearing waters are used by fish forspawning,rearing or migration. Type 3 Non-salmonid segments of natural waters not classified as Type 1 40 feet or 2 Waters. These are stream segments within the bankfull width of defined channels that are perennial and intermittent non- salmonid habitat streams. These waters begin at a point along the channel where documented salmonid fish use ends. V m alley Strea Kent Valley stream system as mapped. Generally sections of Mill, 50 feet with Overlay Garrison and Springbrook Creeks. mitigation planting Soos Creek Basin East Hill —Existing Re ulations Category Definition Existing Buffer Class 1 Shorelines of the State By SMP Class 2 Flow year round or are used by salmonids 100 feet w/salmonids 50 feet w/out salmonids Class 3 Intermittent orephemeral streams 25 feet Ditches Irrigation ditches,canals,storm or surface water conveyance 10 feet channels,or other entirely artificial watercourses not utilized by salmonids. Valley Streams— nZ Re ulations Category Definition Existing Buffer Major Creek Mill, Garrison,Springbrook,Johnson,Midway Star lake, 50 feet Bin aman,Mullen Slough Minor Creek Any naturally flowing defined channel not identified as a Major 25 feet Creek Ditch Manmade channel with a bed,bank or sides which discharge into 10 feet a major or minor creek The valley stream systems (Mill Creek, Springbrook Creek and Garrison Creek) present a unique situation, in that many of the affected parcels are built to the current setbacks and are as small in places as 15-feet. This area is primarily developed with existing buildings, impervious surfaces and other structures. In many cases land uses have altered the area to such a degree that sufficient area is not available, in most cases, to meet a 100-foot buffer (as proposed for salmonid systems). The natural stream condition is also degraded with respect to habitat and water quality. The draft ordinance proposes an `overlay' zone in this area which focuses on enhancing particular stream functions while working within the limited riparian area that is available. The proposed CAO update includes Best Available Science in the buffer recommendations, mitigation ratios as well as other provisions. The Valley Stream Overlay area and other stream regulations, City Council Workshop 10/19/04 Critical Areas Ordinance Update#ZCA-2002-4 Page 3 of 4 although within the general range of BAS, work to strike a balance between an existing development pattern and the long-term protection of the city's stream resources. Surrounding Jurisdictions: Staff has been tracking the process of the CAO updates for surrounding jurisdictions as well as King County. Although not yet adopted, the proposals from surrounding jurisdictions appear to be similar to Kent's proposal. Specifically, staff has focused on stream and wetland buffers since the other critical areas (in Kent) are least impacted by the proposed regulatory changes. Since the classification systems for streams and wetlands differ among different cities and the county, it is difficult to compare them across the board. However, it appears that Kent's recommendations for wetland and stream buffers are within a range of 25 feet, plus or minus. King County's proposal, also not yet adopted, differentiates between the "urban" and "rural" areas. Within the "urban" areas, the range of buffer recommendations for wetlands and streams are similar to Kent's. Although the wetland buffers are slightly smaller than Kent is recommending, the County's proposed stream buffers are slightly higher. Buildable Lands: The issue of buildable lands and capacity, relative to residential development, was raised by the Master Builders Association at the public hearing. Staff has looked at this issue against the proposed changes to critical area buffers. Certain assumptions were made regarding critical areas when the buildable lands analysis was completed in 2001. Many of those assumptions are. still valid even given the potential for revised buffer widths. Within the proposed regulations, wetland buffers would increase by 25-feet for each category. However, other critical area regulations remain largely unchanged, although buffers to steep slopes would likely decrease. The trend in Kent's residential development shows that achieved densities for over the past three years are slightly higher than the previous four years. This suggests that the capacity numbers that Kent utilized previously may be slightly conservative. With the proposed revisions to the critical areas ordinance, some buffers will increase and others will decrease. Additionally, recent regulatory options to achieve densities (i.e. clustering and PUD ordinances) as well as administrative options written into the draft CAO, such as buffer averaging, would allow for more flexibility on sites constrained by sensitive areas to achieve densities that are consistent with the capacities identified in the Comprehensive Plan. Staff, as well as the city's consultants, will be available to answer questions at the Council Workshop. KM/pm S.IPermitlPlanIZONECODEAMEND110021CAOV 0-19councilwrkshp.doc Enc: Draft Ordinance 9-27-04 KCC 14.09,Flood Hazard Regulations,Revised cc: Fred N.Satterstrom,AICP,CD Director Charlene Anderson,AICP,Planning Services Manager Don Wickstrom,PW Director Gary Gill,City Engineer Kim Adams-Pratt,Assistant City Attorney Bill Wolinski,Environmental Engineering Manager Kelly Peterson,Environmental Engineering Project File City Council Workshop 10/19/04 Critical Areas Ordinance Update#ZCA-2002-4 Page 4 of 4 September 27, 2004e August st an 200 DRAFT City of Kent Critical Area Regulations PART A. PROCEDURAL & ADMINISTRATIVE PROVISONS SECTION 1. PURPOSE & INTENT A. The City of Kent contains numerous areas that can be identified and characterized as critical or environmentally sensitive. Such areas within the City include wetlands, streams, wildlife and fisheries habitat, geologic hazard areas, frequently flooded areas, and aquifer recharge areas. B. The City finds that these critical areas perform a variety of valuable and beneficial biological, physical and economic functions that benefit the City and its residents. Alteration of certain critical areas may pose a threat to public safety, private property and the environment. The City finds, therefore,that identification, regulation 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: Wetlands 1. Wetlands perform a variety of functions that include maintaining water quality; storing and conveying stormwater and floodwater; recharging groundwater; providing important fish and wildlife habitat; and providing areas for recreation, education, scientific study and aesthetic appreciation. Wetland buffers serve to moderate runoff volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable water temperatures; provide habitat for wildlife; and protect wetland resources from harmful intrusion. The primary goals of wetland regulation are to avoid wetland impacts; to achieve no net loss of wetland function and value -- acreage may also be considered in achieving the overall goal; to provide levels of protection that reflect the sensitivity of individual wetlands and the intensity of proposed land uses; and to restore and/or enhance existing wetlands, where possible. Fish & Wildlife Habitat Conservation Areas 2. Streams and their associated riparian corridors provide important fish and wildlife habitat, including habitat for threatened and endangered species; help maintain water quality; store and convey stormwater and floodwater; recharge groundwater; and serve as areas for recreation, education, scientific study and aesthetic appreciation. Stream buffers serve to moderate stormwater runoff volume and flow rates; reduce sediment, chemical nutrient and toxic 1 September 27, 2004 DRAFT Rtgust,330,2-0 4 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. 3. 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; and provides neighborhood separation and visual diversity within urban areas. The primary goals of wildlife habitat regulations are to identify and protect fish and wildlife habitat; to avoid impacts to critical habitats for fish and wildlife; to implement the goals of the Endangered Species Act; to promote connectivity between habitat areas to allow for wildlife movement; to provide multi-purpose open space corridors; and where possible to enhance and rehabilitate wildlife habitat. Geologic Hazard Areas 4. Geologic hazard areas include land characterized by geologic, hydrologic and topographic conditions that render them susceptible to varying degrees of risk of landslides, erosion, seismic or volcanic activity. The primary goals of 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 identified hazards. Critical Aquifer Recharge Areas 5. 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. 2 September 27 2004 DRAFT August 30, 04 Flood Hazard Areas 6. Floodplains help to store and convey stormwater and flood water; recharge groundwater; provide important areas for riparian habitat; and serve as areas for recreation, education and scientific study. Development within floodplain areas can be hazardous to those inhabiting such developments, and to those living upstream and downstream. Floods also cause substantial damage to public and private property that results in significant costs to the public and individuals. The primary goals of flood hazard regulations are to limit or condition development within the 100 year floodplain to avoid substantial risk and damage to public and private property that results in significant costs to the public and individuals; and to avoid significant increases in peak stormwater flows or loss of flood storage capacity. Specific Flood Hazard Regulations are located in Kent City Code Chapter 14.09. C. This section of the Kent City Code, and other sections as incorporated by reference, contain standards, procedures, criteria and requirements intended to identify, analyze and mitigate potential impacts to the City's critical areas and to enhance and restore degraded resources where possible. The general intent of these regulations is to avoid impacts to critical areas. In appropriate circumstances, impacts to specified critical areas resulting from regulated activities may be minimized, rectified, reduced and/or compensated for, consistent with the requirements of this chapter. D. It is the further intent of this section to: (1) comply with the requirements of the Growth Management Act(RCW 36.70A) and implementing rules to identify and protect critical areas, and perform the review of development regulations required by 36.70A.215 RCW; (2) consider and include the best available science in the City's critical area policies and regulations, consistent with RCW 36.70A.172 and WAC 365-195-900; (3) develop and implement a comprehensive, balanced and fair regulatory program that avoids impacts to critical resources where possible, that requires mitigation be performed by those persons or activities affecting critical areas, and that thereby protects the public from injury, loss of life,property or financial losses; (4) implement the goals and policies of the Kent Comprehensive Plan and development regulations, including provisions pertaining to natural features and environmental protection; as well as goals, objectives and policies relating to land use, housing, economic development, transportation, utilities and adequate public facilities; (5) serve as a basis for exercise of the City's substantive authority under the State Environmental Policy Act (SEPA) and the City's Environmental Review Procedures, where 3 September 27 2004 DR AFT AtgustW, 2894 necessary to supplement these regulations, while also reducing the City's reliance on project- level SEPA review to develop standards; (6) provide consistent standards, criteria and procedures that will enable the City to effectively manage and protect critical areas while accommodating the rights of property owners to use their property in a reasonable manner; (7) provide greater certainty to property owners regarding uses and activities that are permitted, prohibited and/or regulated due to the presence of critical areas; (8) coordinate environmental review and permitting of proposals involving critical areas with existing development review and approval processes to avoid duplication and delay, consistent with RCW 36.7013; (9) establish conservation and protection measures for threatened and endangered species in compliance with the requirements of the Endangered Species Act and WAC 365-195-925, and provide special consideration for anadromous fish; (10) alert members of the public, including: appraisers, assessors, owners,potential buyers or lessees, to the development limitations of critical areas and their required buffers; and (11) exercise the City's police power to protect the public's health, safety and general welfare. 4 September 27 2004 Augs#fig,2004 SECTION 2. DEFINITIONS For purposes of this chapter, the following definitions shall apply. lake. Adjacent Wetland: Wetlands bordering, contiguous or neighboring a river, stream or Applicant: The person, party, firm, corporation, or other entity that proposes or has performed any activity that affects a critical area. Aquifer: 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. Aquifer Susceptibility: A contributory factor of potential contamination of an aquifer that results from soil, rock and groundwater characteristics within a recharge area. Aquifer Vulnerability: 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. Artificially Created Wetland: Wetlands created from non-wetland sites through purposeful, legally authorized human action, including but not limited to irrigation and drainage ditches, grass-lined swales, canals, retention or detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. Best Available Science (BAS): Current scientific information used in the process to designate,protect or restore critical areas, that is derived from a valid scientific process as defined by WAC 365-195-900 through 925. Best Management Practices (BMPs): Conservation practices or systems of practices and management measures that (1) control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and sediment; and (2)minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical,physical, and biological characteristics of critical areas. Bog: A peat-accumulating wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. Buffer or Buffer Area: A vegetated zone contiguous to and surrounding a critical area that protects the critical area from adverse impacts to its integrity and value. Buffers are necessary for the continued maintenance, function, and/or structural stability of a critical area, and are an integral part of the resource's ecosystem. Buffers may be enhanced and/or re- vegetated where they are degraded or as part of a mitigation program. Buffers shall be measured perpendicular from the edge of the critical area. 5 September 27 2004 DRAFT04 Building Setback Line (BSBL): 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. Clearing: The removal of timber, brush, grass, ground cover or other vegetative matter from a site which exposes the earth's surface of the site, or any actions which disturb the existing ground surface. Compensatory Mitigation: Replacement of project-related critical area impacts, including, but is not limited to, the following: 1. Restoration. Actions performed to reestablish stream or wetland functional characteristics and processes which have been lost by alterations, activities, or catastrophic events within an area which no longer meets the definition of a stream or wetland. 2. Creation. Actions performed to intentionally establish a wetland at a site where it did not formerly exist. 3. Enhancement. Actions performed to improve the condition of existing wetlands or riparian areas so that the functions they provide are of a higher quality. thereto.Comprehensive Plan: The adopted City of Kent Comprehensive Plan and amendments Compensatory Flood Storage: Any new, excavated flood storage volume equivalent to any flood storage capacity which has been or would be eliminated by filling or grading within the flood fringe. The compensatory flood storage must be hydraulically associated with the floodway. Contaminant Loading Potential: The availability within an aquifer recharge area of any potential physical, chemical, biological, or radiological substance that enters the hydrological cycle and may cause a deleterious effect on ground water resources. Creation of Critical Areas: The purposeful and legally authorized construction or forming of a wetland or stream from an upland (non-wetland or dry) site through artificial means. Critical Area, or Environmentally Sensitive Area: Areas that possess important natural functions and embody a variety of important natural and community values. Such areas include wetlands, streams, fish and wildlife habitat, geologic hazard areas, critical aquifer recharge areas and flood hazard areas. If not conducted properly, development or alteration of such areas may cause significant impacts to the valuable functions and values of these areas and/or may generate risks to the public health and general welfare, and/or to public and private property. Critical Area Report: A report prepared by a qualified consultant to determine the presence, type, class, size, function and/or value of an area subject to these regulations. 6 September 27 2004 DRAFT asp 3e;2ee4 Critical Aquifer Recharge Areas: Areas designated Wellhead Protection Areas pursuant to Wellhead Protection plans or via the calculated fixed radius method, Susceptible Groundwater Areas pursuant to WAC 173-100 and Special Protection Areas pursuant to WAC 173-200-090. Critical Facilities: 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, (or subsequent amendment). Critical Habitat, or Critical Wildlife Habitat, or Critical Fish and Wildlife Conservation Area: Habitat areas associated with threatened, endangered, sensitive, monitor or priority species of plants or wildlife and which, if altered, could reduce the likelihood that the species will maintain and reproduce over the long term. Such areas are identified herein with reference to lists, categories and definitions of species promulgated by the Washington Department of Fish and Wildlife (Non-Game Data System Special Animal Species) as identified in WAC 232-12-011 or 232-12-014; in the Priority Habitat and Species (PHS)program of the Department of Fish and Wildlife; or by rules and regulations adopted currently or hereafter by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service. Dedication: Conveyance of land to the city or other not-for-profit entity by deed, easement or other instrument of conveyance. Delineation Manual, or Wetland Delineation Manual/Methodology: The manual and methodology used to identify wetlands in the field, as described in the Washington State Wetlands Identification and Delineation Manual, adopted by the Department of Ecology in 1997 (pursuant to RCW 90.58.380/36.70A.175), and which is based on the U.S. Corps of Engineers Wetlands Delineation Manual (1987). Use of this manual is required by RCW 9 0.5 8.3 8 0/3 6.70A.175. Department: The City of Kent Department of Public Works or successor agency, unless the context indicates a different City department. Director: The Director of the City of Kent Department of Public Works or his/her designee. thereof.Earth/Earth Material: Naturally occurring rock, soil, stone, sediment, or combination Elevated Construction: A construction technique that employs posts or pilings to raise a structure so that waters can flow freely beneath the structure. Emergent Wetland: A wetland with at least thirty(30)percent of the surface area covered by erect,rooted, herbaceous vegetation as the uppermost vegetative strata. 7 September 27,2004 DRAFT August 30, 2004 Enhancement: 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." Erosion: A process whereby gravity, wind, rain, water, freeze-thaw and other natural agents mobilize and transport soil particles. Erosion Hazard Areas: 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, 15 to 30 percent slopes (AgD) • Alderwood and Kitsap soils, very steep (AkF) • Arents,Alderwood Material, 6 to 15 percent slopes (AmC) • Beausite gravelly sandy loam, 15 to 30 percent slopes (BeD) • Beausite gravelly sandy loam, 40 to 75 percent slopes (BeF) • Everett gravelly sandy loam, 15 to 30 percent slopes (EvD) • Indianola loamy fine sand, 15 to 30 percent slopes (InD) • Kitsap silt loam, 8 to 15 percent slopes (KpC) • Kitsap silt loam, 15 to 30 percent slopes (KpD) • Ovall gravelly loam, 15 to 25 percent slopes (OvD) • Ovall gravelly loam, 40 to 75 percent slopes (OvF) • Pilchuck loamy fine sand (Pc) • Ragnar fine sandy loam, 15 to 25 percent slopes (RaD) • Ragnar-Indianola association, moderately steep (RdE) • Riverwash (Rh) Essential Habitat: Habitat necessary for the survival of federally listed threatened, endangered and sensitive species and state listed priority species. Excavation: The removal or displacement of earth material by human or mechanical means. Existing and Ongoing Agricultural Activities: "Existing and ongoing agricultural activities" includes those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock. Such activity must have been in I existence as of the effective date of this chapter The definition, includes but is not limited to operation and maintenance of farm and stock ponds or drainage 8 September 27 2004 DR Ir ditches, irrigation systems, changes between agricultural activities or crops, and normal operation, maintenance or repair of existing serviceable structures, facilities or improved areas. Activities which bring an area into agricultural use from a previous non-agricultural use are not considered part of an ongoing activity. An operation ceases to be ongoing when the area on which it was conducted is proposed for conversion to a non-agricultural use or has lain idle for a period of longer than five years, unless the idle land is registered in a federal or state soils conservation program. Forest practices are not included in this definition. Exotic: Any species of plant or animal that is foreign and not indigenous to the Kent area. Fen: A peat-accumulating wetland that receives some drainage from surrounding mineral soil and usually supports marshlike vegetation. Fill/Fill Material: A deposit of earth material placed by human or mechanical means. Filling: The act of transporting or placing(by any manner or mechanism) fill material from, to, or on any surface water body or wetland, soil surface, sediment surface, or other fill material. Forested Wetland: A wetland defined by the Cowardin system with at least thirty(30) percent of the surface area covered by woody vegetation greater than twenty(20) feet in height that is at least partially rooted in the wetland. Functions, Beneficial Functions, or Functions and Values: 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. Geologic Hazard Areas: Lands or areas characterized by geologic, hydrologic 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 and hydrologic conditions that make them vulnerable to contamination of groundwater supplies through infiltration of contaminants to aquifers. Grading: Any excavating, filling, clearing, leveling, or contouring of the ground surface by human or mechanical means. Growing Season: 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 1 through October 31 of any calendar year. 9 September 27,2004 DRAFT Habitat Management: 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. Hydric Soil: 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. Hydrologically Isolated: Wetlands which: 1) have no surface water connection to a lake, river, or stream during any part of the year; 2) are outside of and not contiguous to any 100- yr floodplain of a lake, river, or stream; and 3) have no contiguous hydric soil between the wetland and any lake, river, or stream. May also be a pond excavated from uplands with no surface water connection to a stream, lake, or other wetland. Hydrophytic Vegetation: 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. In-Kind Compensation or Mitigation: Replacement of wetlands or other critical areas with substitute wetlands or resources whose characteristics closely approximate those destroyed or degraded by a regulated activity. Intentionally Created Streams: Man-made streams created through purposeful human action, such as irrigation and drainage ditches, grass-lined swales, and canals. This definition does not include stream modifications performed pursuant to City authorization, such as changes or redirection of stream channels and does not include streams created as mitigation. Purposeful creation must be demonstrated through documentation, photographs, statements and/or other evidence. Intentionally created streams are excluded from regulation under this chapter, except manmade streams that provide"critical habitat," as designated by federal or state agencies, for anadromous fish. Lahar: Mudflows or debris flows associated with volcanic activity, and which pose a threat to life, property and structures. Landslide: Episodic downslope movement of a mass of soil or rock. Landslide Hazard Areas: Landslide Hazard Areas include : 1. Any existing active or dormant landslide or debris flow that has shown movement during the Holocene epoch (from ten thousand years ago to the present) or that are underlain or covered by mass wastage debris of that epoch. 2. Areas delineated in the "Soil Survey, King County Area, Washington" (USDA, 1973) as having a "severe" limitation for building site development. These soils consist of the following: 10 September 27 2004 DRAFT A6igust 30, 4 • Alderwood gravelly sandy loam, 15 to 30 percent slopes (AgD) • Alderwood and Kitsap soils, very steep (AkF) • Beausite gravelly sandy loam, 15 to 30 percent slopes (BeD) • Beausite gravelly sandy loam, 40 to 75 percent slopes (BeF) • Everett gravelly sandy loam, 15 to 30 percent slopes (EvD) • Indianola loamy fine sand, 15 to 30 percent slopes (InD) • Kitsap silt loam, 8 to 15 percent slopes (KpQ • Kitsap silt loam, 15 to 30 percent slopes (KpD) • Ovall gravelly loam, 15 to 25 percent slopes (OvD) • Ovall gravelly loam, 40 to 75 percent slopes (OvF) • Ragnar fine sandy loam, 15 to 25 percent slopes (RaD) • Ragnar-Indianola association, moderately steep (RdE) 3. Areas designated as quaternary slumps, earth flows, mudflows, or landslides on maps published by the US Geological Survey, Washington Department of Natural Resources, or geologic consultant reports completed for the City of Kent. 4. Areas with all three of the following characteristics: • slopes steeper than 15 percent; • slopes intersecting granular material over silts or clays; and • springs or ground water seepage or evidence of seasonal springs or ground water seepage. 5. Slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials. 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 40 percent or steeper and with a vertical relief of 10 or more feet. A slope is delineated by establishing its toe and top and measured by averaging the inclination over 10 feet of vertical relief. Mitigation: "Mitigation" includes: (a) Avoiding the impact altogether by not taking a certain action or parts of actions. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments. (0 The enhancement, restoration or creation of critical areas as compensation for impacts resulting from development activities. While monitoring without additional actions is not considered mitigation for the purposes of these regulations, it may be part of a comprehensive mitigation program. Also see "Compensatory Mitigation." 11 September 27, 2004 DRAFT At4gust30,2004 Native Vegetation: Vegetation existing o ^r�sIte-e"I!lant species indigenous to the g Vegetation Vil VA1J�lll Vl Puget Sound region that could occur or could have occurred naturally on the site.which are or were indigenous to the area in question. Off-Site Mitigation: 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. Onsite Mitigation/Compensation: Replacing wetlands or other resources at or adjacent to the site on which a wetland or other resource has been impacted by a regulated activity. Out-of-Kind Mitigation: 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. Permanent Erosion Control: Continuous on-site and off-site control measures that are needed to control conveyance or deposition of earth, turbidity or pollutants after development, construction, or restoration. Plant Association of Infrequent Occurrence: One or more plant species which because of the rarity of the habitat and/or the species involved, or for other botanical or environmental reasons, do not often occur in the City of Kent. Examples include but are not limited to: 1) Wetlands with a coniferous forested class or subclass consisting of trees such as western red cedar, Sitka spruce or lodge pole pine growing on organic soils; 2) Bogs with a predominance of sphagnum moss, or those containing sphagnum moss, and typically including one or more species such as Labrador tea, sundew, bog laurel or cranberry; Pond (Deepwater Aquatic Habitat): Areas of open surface water that are less than 20 acres in size that are either permanently inundated at mean annual water depths greater than 6.6 feet, or permanently inundated at less than 6.6 feet in depth that do not support rooted-emergent or woody plant species. [Source: Washington State Wetland Delineation Manual, DOE, 1997] Also see definition of"wetlands" for exclusions of certain types of ponds from regulation. Practicable Alternative: An alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to critical areas. It may involve using an alternative site in the general region that is available to the applicant and may feasibly be used to accomplish the project Priority Habitat/Species, or Priority Wildlife Habitat/Species: Habitats and species of local importance and concern in urban areas, as identified by the Washington Department of Fish and Wildlife Priority Habitat & Species (PHS)program. "Priority species" are wildlife species of concern due to their population status and their sensitivity to habitat alteration. "Priority habitats" are areas with one or more of the following attributes: comparatively high 12 September 27 2004 DRAFT Augyst3g, 004 wildlife density; high wildlife species richness; significant wildlife breeding habitat; significant wildlife seasonal ranges; significant movement corridors for wildlife; limited availability; and/or high vulnerability. General types of priority habitat identified in the PHS program—some of which do not occur in the City of Kent-- include Aspen stands, cliffs, meadows, oak woodlands, old-growth/mature forests, riparian areas, shrub-steppe, snag-rich areas and wetlands. Qualified Consultant: For purposes of these regulations, qualified consultant shall mean a person who has attained a degree from an accredited college or university in the subject matter necessary to evaluate the critical area in question (e.g. biology, ecology or horticulture/arboriculture for wetlands, streams and wildlife habitat and significant vegetation, geology and/or civil engineer licensed in the State of Washington for geologic hazards and aquifer recharge areas), and/or who is professionally trained and/or certified or licensed by the State of Washington to practice in the scientific disciplines necessary to identify, evaluate, manage and mitigate impacts to the critical area in question. For purposes of wetland studies and planning, a qualified consultant is one who has obtained certification by the Society of Wetland Scientists as a Professional Wetland Scientist or Wetland Professional in Training. For the purpose of Geologic Hazards, a qualified consultant shall be a professional geologist, professional engineering geologist or licensed engineer with the state of Washington. Regulated Activity: Activities that have a potential to significantly impact a critical area that is subject to the provisions of this chapter. Regulated activities generally include but are not limited to any filling, dredging, dumping or stockpiling, draining, excavating, flooding, clearing or grading, constructing or reconstructing, driving pilings, obstructing, shading, clearing or harvesting. Repair or Maintenance: An activity that restores the character, scope, size, and design of a structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter additional critical areas are not included in this definition. Restoration: 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" Secondary Habitat: Areas that offer less diversity of animal and plant species than priority habitat but that are important for performing the essential functions of habitat. Seismic Hazard Areas: Areas subject to a risk of earthquake damage due to soil liquefaction. These areas generally contain saturated alluvial sediments and poorly compacted fill that either is or can become saturated. These areas are mapped as Category I and Category II liquifaction susceptibility areas on maps contained within: • Palmer, Walsh, Logan, Gerstel, Liquefaction Susceptibility for the Auburn and Poverty Bay 7.5-Minute Quadrangles, Washington, Washington State Department of Natural Resources, September 1995. 13 September 27, 2004 DRAFT August 30, 2004 • Palmer, Shasse and Norman, Liquifaction Susceptibility for the Des Moines and Renton 7.5 minute Quadrangles, Washington, Washington State Department of Natural Resources, December, 1994. • Slopes that could fail during an earthquake. In the City of Kent, these areas generally consist of Vashon ice-contact deposits in areas of 15 percent slope or steeper. Vashon Ice-Contact deposits (Qvi) are mapped in: • Luzier, Water Supply Bulletin No. 28, Geology and Ground-Water Resources of Southwestern King County, Washington, State of Washington Department of Water Resources, 1969. Scrub-Shrub Wetland: A wetland with at least thirty(30) percent of its surface area covered by woody vegetation less than twenty(20) feet in height as the uppermost strata. Sensitive Area Tract: A separate tract that is created to protect the sensitive area and its buffer. Site: 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 impact a critical area. Slope: An inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance. Slope, top: The uppermost limit of an area where the ground surface drops ten feet or more vertically within a horizontal distance of 25 feet on slopes greater than 40 percent. Streams: Those areas where surface waters produce a defined channel or bed. A defined channel or bed is an area which demonstrates clear evidence of the passage 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. Stream Reconnaissance Report: A type of critical area report prepared by an applicant's qualified consultant to describe a stream and to characterize its conditions, wildlife, habitat values and water quality. Structural Diversity,Vegetative: 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. Substantial Improvement or Reconstruction: Any repair, reconstruction or improvement the cost of which is more than fifty percent of the market value of the structure 14 September 27 2004 DRAFT August 30, 004 either(a)before the improvement is started or(b) before the damage occurred if the structure damaged is being replaced. An improvement occurs when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. Substantial improvement does not include (a) an improvement to comply with existing state or local health, sanitary or safety(Uniform Building Code/Uniform Fire Code) specifications which are necessary to assure safe conditions; or(b) alteration of a structure listed on the national Register of Historic Places or a state inventory of historic places. Substrate: The soil, sediment, decomposing organic matter or combination of those located on the bottom surface of the wetland, lake, stream or river. Temporary Erosion Control: On-site and off-site control measures that are needed to control conveyance or deposition of earth, turbidity or pollutants during development, construction, or restoration. Unavoidable and Necessary Impacts: Impacts to wetlands that remain after an applicant has demonstrated that no practicable alternative exists for the proposed project. Utility: Utility includes natural gas, electric, telephone and telecommunications, cable communications, water, sewer, or storm drainage and their respective facilities, lines, pipes, mains, equipment and appurtenances. Volcanic Hazard Area: Areas subject to a risk of inundation by lahars or other related flooding events resulting from volcanic activity originating from Mount Rainer. These areas are mapped as Class M Lahars on maps contained within: • Hoblitt, R.P., Walder, J.S., Driedger, C.L., Scott, K.M., Pringle, P.T., and Valiance, J.W., Volcano Hazards from Mount Rainer, Washington. U.S. Geologic Survey Open File Report 98-428, 1998. Wetland: "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands include those artificial wetlands intentionally created to mitigate conversion of wetlands. 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 Washington State Department of Ecology Manual, the wetlands shall be regulated, and the critical area shall be protected like any other wetland pursuant to this code. Wetland Class: The U.S. Fish and Wildlife Service wetland classification scheme uses an hierarchy of systems, subsystems, classes and subclasses to describe wetland types (refer to USFWS, December 1979, Classification of Wetlands and Deepwater Habitats of the United 15 September 27, 2004 DRAFT 4 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. Wetland Edge: The boundary of a wetland as delineated based on the definitions in this chapter and the procedures specified in this Chapter. Wildlife Habitat: 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 under 20 acres in area. 16 September 27, 2004 D ;E August 30, 4 k FT SECTION 3. APPLICABILITY- REGULATED ACTIVITIES A. The provisions of this chapter shall apply to any regulated activity that potentially affects a critical area or its buffer unless otherwise exempt by these regulations. Applicable activities are as follows: 1. removing, excavating, disturbing or dredging soil, sand, gravel, 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, demoliting or altering the size of any structure or infrastructure; 6. destroying or altering vegetation through clearing, grading, harvesting, shading or planting vegetation that would negatively affect the character of a critical area; 7. activities that result in significant changes in water temperature, physical or chemical characteristics of water sources, including quantity and pollutants; 8. any other activity potentially affecting a critical area or buffer not otherwise exempt from the provisions of this chapter as determined by the Department; and 9. the construction of new recreation trails within the buffer, which shall be low intensity, designed and constructed of permeable materials which protect water quality, allow adequate surface water and groundwater movements, do not contribute to erosion, and are located where they do not disturb nesting, breeding and rearing areas, and designed to avoid or reduce the removal of trees. Where a regulated activity would be partly within and partly outside a critical 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 KCC 12.01 shall be subject to, and coordinated with, the requirements of this chapter. C. Non-project actions, including but not limited to rezones, comprehensive plan map amendments, annexations, and the adoption of plans and programs, shall be subject to the requirements of this chapter. However, the Department may at its discretion,permit any studies or evaluations required by this chapter to use methodologies and provide a level of detail appropriate to the action proposed. D. Activities within the Green River Natural Resources Area shall be subject to this chapter with the exception of activities allowed by Resolution 922, adopted by the City of Kent in March 1981.). 17 September 27, 2004 DRAT Ada-st-�A;-�A94 SECTION 4. EXEMPTIONS A. The following activities performed on sites containing critical areas as defined by this chapter shall be exempt from the provisions of these regulations: 1. conservation or preservation of soil, water, vegetation, fish and other wildlife that does not entail changing the structure or functions of the critical area; 2. existing and ongoing agricultural activities, as defined in this chapter; 3. activities involving artificially created wetlands or streams intentionally created from non-wetland sites, including but not limited to, grass-lined swales, irrigation and drainage ditches, retention or detention facilities, and landscape features, except wetlands or streams created as mitigation or that provide critical habitat for anadromous fish; 4. operation, maintenance, repair and reconstruction of existing structures, roads, trails, streets, utilities and associated structures, dikes, levees or drainage systems, provided that reconstruction of any facilities or structures is not"substantial reconstruction"aPA may not further encroach on a critical area or its buffer, and shall incorporate Best Management Practices; 5. normal maintenance, repair and reconstruction of residential or commercial structures, facilities and landscaping, provided that reconstruction of any structures may not increase the previous footprint, and further provided that the provisions of this chapter are followed; 6. the addition of floor area within an existing building which does not increase the building footprint; 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 that any disturbance of the critical area shall be the minimum necessary to carry out the work or studies; 8. educational activities, scientific research, and outdoor recreational activities,including but not limited to interpretive field trips, birdwatching, boating, swimming, fishing and hiking, that will not have a significant effect on the critical area. 9. the harvesting of wild crops and seeds to propagate native plants in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil,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 and/or legally created through a subdivision, short subdivision, or other legal means and approved prior to the effective date of this chapter; 12. previously legally filled wetlands or wetlands accidentally created by human actions prior to July 1, 1990. The latter shall be documented through photographs, statements and/or other conclusive evidence and be agreed to by the Director; 13. removal of invasive plants and planting of native vegetation in wetland and stream buffers for the purpose of enhancing habitat values of these areas pursuant to an approved mitigation plan; 14. stabilization of sites where erosion or landsliding threatens public or private structures, utilities, roadways, driveways or publicly maintained trails or where erosion or 18 September 27, 2004 DRAFT Angst 30, 2004 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. And; 15. minor activities not mentioned above and determined in advance and in writing by the Director to have minimal impacts to a critical area. B. Notwithstanding the exemptions provided by this subsection, any otherwise exempt activities occurring in or near a critical area or its buffer shall comply with the intent of these standards and shall consider on-site alternatives that avoid or minimize significant adverse impacts. Emergency activities shall mitigate for any impacts caused to critical areas upon abatement of the emergency. C. With the exception of emergency actions, and existing and ongoing agricultural activities, no property owner or other entity shall undertake exempt activities prior to providing fourteen(14) days notice to the Director and receiving confirmation in 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. D. Legally established uses, developments or structures that are nonconforming solely due to inconsistencies with the provisions of this chapter, shall not be considered nonconforming pursuant to KCC 15.08.100. Reconstruction or additions to existing structures which intrude into critical areas or their buffers shall not increase the amount of such intrusion except as provided by section 10(A) of this title. Once a non-conforming use is discontinued for a period of one- year, that use cannot be re-established. E. The exemptions established by this section shall apply only to activities that are otherwise permitted by federal, state and/or local laws. SECTION 5. CRITICAL AREAS MAPS The approximate location and extent of critical areas within the City are shown on the critical areas inventory maps. adopted as part .�f this VI hapten These maps shall be used for _ V111J informational purposes and as a general guide only, for the assistance of property owners and other interested parties; the boundaries and locations shown are generalized. The actual presence or absence, type, extent, boundaries, and classification of critical areas on a specific site shall be identified in the field by a qualified consultant 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 section, the criteria and standards shall prevail. SECTION 6. RELATIONSHIP TO OTHER REGULATIONS 19 September 27, 2004 DRAFT eu st 3n 2004 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. SECTION 7. CRITICAL AREA REVIEW PROCESS AND APPLICATION REQUIREMENTS A. Pre-Application Conference. 1. For those projects subject to Environmental Review pursuant to SEPA, the pre- application requirements of KCC 12.01 shall apply. 2. For projects which are subject to this Chapter but are exempt from the SEPA requirements, the applicant is encouraged to meet with the City prior to submitting an application. 3. 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 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 attachments to this chapter applicable to 20 September 27, 2004 DRAFT each critical area. The Department may tailor the information required to reflect the complexity of the proposal and the sensitivity of critical areas that may potentially be present. C. Critical Area Consultants - Qualifications &City Review. All reports and studies required of the applicant by this section shall be prepared by a qualified consultant as defined in these regulations. The Department may, at its discretion, retain a qualified consultant to review and confirm the applicant's reports, studies and plans. Such review shall be paid for 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. SECTION 8. PROCEDURAL PROVISIONS A. Interpretation and Conflicts. The Director of the Department or his/her designee shall have the authority to administer the provisions of this Chapter, to make determinations with regard to the applicability of the regulations, to interpret the intent of unclear provisions, to require additional information, to determine the level of detail and appropriate methodologies for critical area reports and studies, to prepare application and informational materials as required, to promulgate procedures and rules for unique circumstances not anticipated by the standards and procedures contained within this section. B. Penalties and Enforcement. Compliance with these regulations and penalties for their violation shall be enforced pursuant to the procedures set forth in KCC 1.04. C. Appeals from Critical Area Review Decisions. Appeals from critical area review decisions shall be governed by the procedures set forth in KCC 12.01.190 and KCC 2.32. D. Burden of Proof. The burden of proving that a proposed activity meets the standards established by this chapter shall be on the applicant. SECTION 9. REASONABLE USE PROVISION A. The standards and requirements of these regulations are not intended, and shall not be construed or applied in a manner, to deny all reasonable use of private property. If an applicant demonstrates to the satisfaction of the Hearing Examiner that strict application of these standards would deny all reasonable use of a property, development may be permitted subject to appropriate conditions. B. Applications for a reasonable use exception shall be processed as a Process III application , pursuant to KCC 12.01. 21 September 27, 2004 DRAFT 04 C. An applicant requesting relief from strict application of these standards shall demonstrate that all of the following criteria are met: 1. no reasonable use with less impact on the critical area and its buffer is possible; and 2. there is no feasible and reasonable on-site alternative to the activities proposed, considering possible changes in site layout, reductions in density and similar factors, that would allow a reasonable economic use with fewer adverse impacts; and 3. the proposed activities, as conditioned, will result in the minimum possible impacts to affected critical areas, considering their functions and values and/or the risks associated with proposed development ; and 4. all reasonable mitigation measures have been implemented or assured; and 5. the inability to derive reasonable economic use is not the result of the applicant's actions or that of a previous property owner, such as by segregating or dividing the property and creating an undevelopable condition; and, 6. any alteration of a critical area approved under this section shall be subject to appropriate conditions and will require mitigation under an approved mitigation plan. D. Approval of a reasonable use exception shall not eliminate the need for any other permit or approval otherwise required for a proposal by applicable City regulations. SECTION 10. 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 shall be considered by the Hearing Examiner as a Process III application,pursuant to KCC 12.01.040 . Approval of variances from the strict application of the critical area requirements shall be consistent with the following criteria: 1. there are unique physical conditions peculiar and inherent to the affected property which makes it difficult or infeasible to strictly comply with the provisions of this section; 2. the variance is the minimum necessary to accommodate the building footprint and access; 3. the proposed variance would preserve the functions and values of the critical area, and/or the proposal does not create or increase a risk to the public health, safety and general welfare, or to public or private property; 4. the proposed variance would not adversely affect properties surrounding the subject site; 5. adverse impacts to critical areas resulting from the proposal are minimized; 6. the special circumstances or conditions affecting the property are not a result of the actions of the applicant or previous owner; and 7. the variance shall not constitute a grant of special privilege. B. Other minor buffer modifications maybe permitted by the DDirector, as outlined in the provisions of this chapter. 22 September 27, 2004 DRAFT A� g. z004 SECTION 11 . GENERAL MITIGATION STANDARDS, CRITERIA AND PLAN REQUIREMENTS A. Mitigation Standards. 1. 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. 2. Adverse impacts to critical area functions and values shall be mitigated. Mitigation actions shall be implemented in the preferred sequence identified in this chapter. Proposals which include less preferred and/or compensatory mitigation shall demonstrate that: a. 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; b. 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; and c. 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. B. Location and Timing of Mitigation. 1. Mitigation shall be provided on-site where possible, unless the Director agrees that a higher function and value can be accomplished off-site within the same drainage basin. Mitigation may be allowed off-site only when it is determined, through the SEPA review process, that on-site mitigation is not scientifically feasible or practical due to physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site. 2. When mitigation cannot be provided on-site, mitigation shall be provided in the same drainage basin as the permitted activity on property owned, secured or controlled 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. 3. 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. 4. When wetland, stream or habitat mitigation is permitted by these regulations on-site or off-site, the mitigation project shall occur near an adequate water supply (river, stream, groundwater) with a hydrologic connection to the critical area to ensure a successful mitigation or restoration. A natural hydrologic connection is preferential as compared to one which relies upon manmade features requiring routine maintenance. 23 September 27, 2004 DRAFT 5. 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. SECTION 12 MITIGATION MONITORING PROGRAM AND CONTINGENCY PLANNING 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 performance and maintenance bond or other acceptable security device is required to ensure the applicant's compliance with the terms of the approved mitigation plan. The amount of the performance and maintenance bond shall equal 125 percent of the cost of the mitigation project for the length of the monitoring period. C. The following elements shall be incorporated into monitoring programs prepared to comply with this chapter and shall be a part of the approved mitigation 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; 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. 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 24 September 27, 2004 DRAFT periods shall be described in the approved mitigation plan. The reports shall be prepared by a qualified consultant and must contain all qualitative and quantitative monitoring data, 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 timeframe if performance standards are not being met at the end of the initial five-year period; and require additional financial securities or bonding to ensure that any additional monitoring and contingencies are completed to ensure the success of the mitigation. 25 September 27, 2004 DRAFT August 30,2404 PART B. CRITICAL AREA REGULATIONS & STANDARDS SECTION 13. WETLANDS A. Wetlands Rating System 1. The following rating system is hereby adopted for the purpose of determining the size of wetland buffers and for the review of permits under this chapter. For the purposes of this section, the U.S. Fish and Wildlife Service's Classification of Wetlands and Deepwater Habitats of the United States, FWS/OBS-79-31 (Cowardin et al., 1979) contains the descriptions of wetland classes and subclasses. a. Category 1 wetlands. Wetlands which meet any of the following criteria: i. The documented presence of species proposed or listed by the federal or state government as endangered, threatened, or other species identified by the State Department of Natural Resources through its natural heritage data or by the State Department of Wildlife as a priority species, or the presence of critical or outstanding actual habitat for those species; ii. Wetlands equal to or greater than two (2) acres in size having forty(40)percent to sixty(60)percent permanent open water in dispersed patches with two (2) or more classes of vegetation; In. Wetlands equal to or greater than ten (10) acres in size and having three (3) or more wetland classes, one of which is open water; or iv. The presence of bogs or fens. b. Category 2 wetlands. Wetlands which meet any of the following criteria, and which are not category 1 wetlands: i. Wetlands greater than one (1) acre in size; ii. Wetlands equal to or less than one (1) acre in size and having three (3) or more wetland classes; iii. Wetlands equal to or less than one (1) acre, but greater than 1000 sq. ft., that have a forested wetland class; or iv. Wetlands that contain the documented presence of heron rookeries or raptor nesting sites. c. Category 3 wetlands. Wetlands which meet the following criteria, and which are not category 1 or 2 wetlands. Wetlands that are equal to or less than one (1) acre in size and that have two (2) or fewer wetland classes. B. Determination of Wetland Boundary y Delineation. 1. 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 26 September 27, 2004 D FZAF may suggest that wetlands could be present. Delineations shall also be performed when the evidence suggests that buffers from wetlands on adjacent properties may impact the proposed development. 2. The exact location of the wetland boundary shall be determined through the performance of a field investigation applying the wetland definition of this chapter. An applicant may request the Department to perform the delineation, provided the applicant pays the Department for all necessary expenses associated with performing the delineation. The Department shall consult with qualified professional scientists and technical experts or other experts as needed to perform the delineation. Where the applicant has provided a delineation of the wetland boundary, the Department shall verify the accuracy of, and may render adjustments to, the boundary delineation. The decision of the Department may only be appealed pursuant to procedures outlined in this chapter. 3. The delineation shall contain the following information: a. A written assessment and accompanying maps of wetlands and buffers within 100-feet of the project area, including the following information at a minimum: all known wetland inventory maps (including a copy of the City of Kent Wetland Inventory Map); wetland delineations and required buffers; existing wetland acreage; wetland category; vegetative, faunal and hydrologic characteristics; soil and substrate conditions; and topographic data. b. 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. c. A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on-site habitat and wetland functions. 4. Time Limits for Delineation. A wetland delineation which has been confirmed by the Department pursuant to SEPA review for a proposed project shall be binding upon the city and the applicant. If a wetland delineation report has not gone through SEPA review as a part of the application process, and the City has approved a wetland delineation report for another purpose, the wetland delineation report shall be valid for a period of two (2) years from the date of the approved report. C. Wetland Buffers and BuildinLF Setback Lines 1. Standard buffer widths. Wetland buffer zones shall be required for all regulated activities adjacent to wetlands. Any wetland created, restored or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field. The width of the wetland buffer zone shall be determined according to the rating assigned to the wetland. 27 September 27, 2004 DRAFT Wetland Category Minimum Buffer 1 125 feet 2 75 feet 3 50 feet 2. Enhanced buffer widths. Enhanced wetland buffers may be used to satisfy landscaping requirements where the city determines that the buffer, as enhanced by the applicant, will provide greater protection of wetland functions, and will serve the same function as landscaping that would otherwise be required pursuant to Ch. 15.07 KCC. Approved landscaping vegetation must meet wetland buffer vegetation requirements. 3. Building setback lines. A minimum building setback line of fifteen(15) feet shall be required from the edge of a wetland buffer unless otherwise approved by the Director. Alterations of the building setback lines shall not be permitted to create additional lots for subdivisions, but only to make reasonable use of existing properties. Approval of alterations of the BSBL shall be provided in writing by the Director, or his/her designee, and may require mitigation such as buffer enhancement. 4. Increased wetland buffer width. The Director may require increased buffer widths on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values based on local conditions in accordance with recommendations of a qualified professional biologist and best available science (BAS). This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. The documentation must demonstrate that: a. A larger buffer is necessary to protect the function and values of the wetland; or b. A larger buffer is necessary to maintain a viable population of existing species; or c. The wetland is used by species listed by the federal government or the state as endangered, threatened, sensitive or documented priority species or habitats, or essential or outstanding potential habitats for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; d. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse wetland impacts; or e. The adjacent land has minimal vegetation cover or slopes greater than fifteen(15) percent. 5 . Standard buffer width averaging. Standard wetland buffers may be modified by averaging buffer widths. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following: a. Averaging will provide the necessary biological, chemical and physical support necessary to protect the wetland in question, taking into account the type, intensity, scale, landscaping and the location of the proposed land use; b. The wetland contains variations in sensitivity due to existing physical characteristics which justify the averaging; 28 September 27, 2004 DRAFT Attest 30,2004 c. The proposal minimizes disturbances caused by land uses in areas adjacent to any buffers which are reduced; d. Width averaging will not adversely impact the wetland functional values; e. The total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffers for Category 2 wetlands be reduced to less than 50 feet in width and Category 1 wetlands less than 85 feet in width. Buffer averaging shall not be permitted for Category 3 wetlands. f. In instances where decreased buffers occur, the Director or designee shall have the ability to require an applicant to submit and receive approval of a wetland buffer enhancement plan to ensure wetland buffer functions are maintained. g. The functions and values of the averaged buffer are consistent with BAS; the buffer is planted or will be planted with native vegetation; and no portion of the buffer averaged areas contain slopes that are greater than 10%. 6. Except as otherwise specified, 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 mitigation plan consistent with this code. 7. Permitted uses in a wetland buffer. Activities shall not be allowed in a buffer except for the following and when properly miti ated:- a. when the improvements are part of an approved enhancement, restoration or mitigation plan; or b. for construction of new public roads and utilities, and accessory structures, when no practicable alternative location exists; or c. construction of foot trails, according to the following criteria: (i) constructed of permeable materials; (ii) designed to minimize impact on the stream system; (iii) of a maximum width of eight (8) feet; (iv) 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; or d. construction of footbridges and boardwalks; or e. construction of educational facilities, such as viewing platforms and informational signs. f. The construction of outdoor recreation such as fishing piers,boat launches,benches. g. Maintenance of pre-existing facilities or temporary uses having minimal adverse impacts on buffers and no adverse impacts on wetlands. These may include but are not limited to: maintenance of existing drainage facilities, low intensity passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, short tern scientific or educational activities, and sports fishing. h. Stormwater discharge outlets with energy dissipation structures as approved by the City of Kent. These shall be located near the outside portion of the buffer. Mitigation shall be required for impacts to the buffer. 29 September 27, 2004 DRAT i. On-going maintenance activities by the City of Kent vegetation management division of Public Works and Parks Department shall be permitted to continue general maintenance of wetlands and associated buffers. Maintenance shall include but not be limited to trash removal, removal of non-native vegetation, maintenance of existing vegetation as necessary, restoration, enhancement and sign and fence maintenance. D. Avoiding Wetland Impacts 1. Regulated activities shall not be authorized in"Category 1 wetlands except where it can be demonstrated that the impact is both unavoidable and necessary as described below, or that all reasonable economic uses are denied. a. Where water-dependent activities are proposed, unavoidable and necessary impacts may be permitted where no reasonable alternatives exist which would not involve wetland impacts; or which would not have less of an adverse impact on a wetland; and that would not have other significant adverse environmental consequences. b. Where non-water-dependent activities are proposed, the applicant must demonstrate that: i. The basic project purpose cannot reasonably be accomplished using an alternative site in the general region that is available to the applicant. ii. A reduction in the size, scope, configuration, or density of the project as proposed; and all alternative designs of the project as proposed that would avoid, or result in less adverse impacts on a wetland or its buffer will not accomplish the basic purpose of the project; and iii. 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 reasonable attempt to remove or accommodate such constraints. E. Limits of Impacts to Wetlands 1. For wetlands where buffers are not connected to riparian corridors, (Category 3 wetlands, and Category 2 wetlands which are not Category 3 wetlands only because they exceed one (1) acre in size) the following applies: regulated activities which result in the filling of no more than ten thousand (10,000) square feet of a wetland may be permitted if mitigation is provided consistent with the standards. 2. In computing the total allowable wetland fill area under this subsection, the Director shall include any areas that have been filled since January 1, 1991. For example, if five thousand (5,000) square feet of a wetland were filled in February, 1991, future applicants would only be allowed a maximum of five thousand(5,000) additional square feet under this subsection. Any proposed fill over ten thousand (10,000) square feet must demonstrate unavoidable and necessary impacts. F. Fencing and Signage All development and subdivisions to which this chapter applies shall construct a wildlife passable fence along the entire buffer edge, unless otherwise approved by the Director. Wetland 30 September 27, 2004 )9=' Raw Sensitive Area Signs must also be attached to the fence or located just inside the wildlife passable fence attached to a 4 x 4 cedar post(or other non-pressure treated materials approved by the City). Signs must be located at a rate of one sign per residential lot and one sign per 100 feet for all public rights of way, trails, parking areas,playgrounds and all other uses located adjacent to wetlands and associated buffers. G. Sensitive Area Tracts\Easements 1. Condition of approval. As a condition of approval pursuant to this chapter, the Director shall require creation of a separate sensitive area tract containing the areas determined to be wetland and/or wetland buffer. Sensitive area tracts\easements are separate tracts containing wetlands and wetland buffers with perpetual deed restrictions requiring that the tract remain undeveloped. Sensitive area tracts are an integral part of the lot in which they are created, are not intended for sale, lease or transfer, and may be included in the area of the parent lot for purposes of subdivision method and minimum lot size. 2. Protection of sensitive area tracts. The Director shall require that a sensitive area be protected by one (1) of the following methods: a. The applicant shall dedicate to the city or other public or nonprofit entity specified by the Director, an easement or tract for the protection of native vegetation within a wetland and/or its buffer; or b. The applicant shall record against the property, a permanent and irrevocable deed restriction on all lots containing a sensitive area tract or tracts created as a condition of approval. Such deed restriction(s) shall be approved by the Director and the city attorney and prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the city and any other agency with jurisdiction over such activity. H. 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 deleted 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 result in a code violation and will be enforced to the fullest extent of Kent City Code. I. Compensating for Wetland Impacts 1. Condition of approval. As a condition of any approval allowing alteration of wetlands and/or wetland buffers, or as an enforcement action, the Director shall require that the applicant 31 September 27, 2004 DRAFT 4 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 land acquisition, construction, maintenance and monitoring of replacement wetlands that recreate as nearly as practicable, or improves, the original wetlands in terms of acreage, function, geographic location and setting. 2. Goal. The overall goal of any compensatory mitigation project shall be to replace the wetland lost, with appropriate functions and values. No net loss of wetland acreage or function shall be approved. Compensation shall be completed prior to wetland destruction, where practicable. Compensatory mitigation programs shall incorporate the standards and requirements contained in sections 11 and 12, above. 3. Restoration and creation of wetlands and wetland buffers. a. Any person who alters wetlands shall restore or create equivalent areas or greater areas of wetlands than those altered in order to compensate for wetland losses. Any created or restored wetlands shall be protected by the provisions of this chapter. b. Acreage replacement and enhancement ratio. Wetland alterations shall be replaced or enhanced using the formulas below, however the Director may choose to double mitigation ratios in instances where wetlands are filled or impacted 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 alterations. i. Compensation for alteration of Category 1 wetlands shall be accomplished as follows: (a) By creation of new wetlands at a ratio of three (3) to one (1); or (b) By creation of new wetlands at a ratio of one (1) to one (1) and by enhancement of existing wetlands at a ratio of three(3) to one (1); or (c) By a combination of creation of new wetlands and enhancement of existing wetlands within the range of the ratios set out in subsections (a) and (b) above, so long as a minimum one (1) to one (1) creation ratio is met(for example, creation of new wetlands at a one and one-half(1.5) to one (1) ratio along with enhancement of existing wetlands at a ratio of two and one-half(2.5) to one (1) may be acceptable). ii. Compensation for alteration of Category 2 and 3 wetlands shall be accomplished as follows: (a) By creation of new wetlands at a ratio of one and one-half(1.5) to one (1); or (b) By creation of new wetlands at a ratio of one (1)to one (1) and by enhancement of existing wetlands at a ratio of one (1) to one (1); or (c) By a combination of creation of new wetlands and enhancement of existing wetlands within the range of ratios set out in subsections (a) and(b) above, so long as a minimum one (1) to one(1) creation ratio is met. 4. 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 (1) to one (1) is provided. In such a case, the mitigation must be in 32 September 27, 2004 RAFT place, monitored for three (3) growing seasons and be deemed a success prior to allowing any alterations. 5. Wetlands enhancement. a. Any applicant proposing to alter wetlands may propose to enhance existing Category 2 wetlands and Category 3 wetlands in order to compensate for wetland losses. b. Not all Category 2 and 3 wetlands are in need of enhancement. If an applicant proposes to complete enhancement of an existing wetland, the proposed enhancement shall be consistent with best available science and shall be approved by the Department. c. A wetlands enhancement compensation project shall be considered,provided that enhancement for one function and value will not degrade another function or value. Acreage replacement ratios for enhancement shall be 3:1. d. Category 1 wetlands shall not be enhanced as the only method of mitigation. Category 1 wetlands shall be mitigated pursuant tothe provisions of this chapter. 6. Mitigation may be allowed within a Wetland/Habitat Mitigation Bank located within the City of Kent once a bank is formed. Proposed developments must continue to demonstrate avoidance, minimization, mitigation prior be allowed to mitigate using a wetland bank site. Feasibility of on-site mitigation will be required to be prior to allowing mitigation credits from a mitigation bank.. 7. Wetland type. In-kind compensation shall be provided except that, out-of-kind compensation may be accepted where: a. The wetland system to be replaced is already significantly degraded and out-of-kind- replacement will result in a wetland with greater functional value; b. Technical problems such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impracticable; or c. Out-of-kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types). 8. Location. On-site compensation shall be provided except where the applicant can demonstrate that: a. 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; and b. On-site compensation is not scientifically feasible due to problems with hydrology, soils, or other factors; or c. Compensation is not practical due to potentially adverse impacts from surrounding land uses; or d. Existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values; or e. Established regional goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify location of compensatory measures at another site. 9. Off-site compensation shall occur within the same drainage basin as the wetland loss occurred, unless the applicant can demonstrate extraordinary hardship. 33 September 27, 2004 AFT 10. In selecting compensation sites for creation or enhancement, applicants shall pursue siting in the following order of preference: a. Upland sites which were formerly wetlands and significantly degraded wetlands. Such wetlands are typically small; have only one (1) wetland class; and have one (1) dominant plant species or a predominance of exotic species; b. Idle upland sites generally having bare ground or vegetative cover consisting primarily of exotic introduced species,weeds, or emergent vegetation; and c. Other disturbed upland. 11. Timing. Where feasible, compensatory projects shall be completed prior to activities that will disturb wetlands, or immediately after activities that will temporarily disturb wetlands, or prior to use or occupancy of the activity or development which was conditioned upon such compensation. Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. 12. On completion of construction, any approved mitigation project must be signed off by the applicant's qualified consultant and approved by the Department. A signed letter from the consultant will indicate that the construction has been completed as approved, and approval of the installed mitigation plan will begin the monitoring period if appropriate. SECTION 14. FISH & WILDLIFE HABITAT CONSERVATION AREAS Fish and Wildlife Habitat Conservation areas are comprised of streams and associated species and habitat, including anadromous fish, and wildlife habitat. For purposes of establishing regulatory standards, these critical areas are divided into separate stream and wildlife ha bitat components in this chapter. SECTION 14-1. STREAMS A. Classification and Rating. 1. To promote consistent application of the standards and requirements of this chapter, streams within the City of Kent shall be rated or classified according to their characteristics, function and value, and/or their sensitivity to disturbance. 2. Classification of streams shall be determined by the Department based on consideration of the following factors: a. Approved technical reports submitted by qualified consultants in connection with applications for activities subject to these regulations b. application of the criteria contained in these regulations; and c. maps adopted pursuant to this chapter; 3. Streams shall be designated Types 1 through 3 as follows: 34 September 27, 2004 DRAFT August3g, 2004 a. Type 1 Water—means all shorelines identified in the Kent Shoreline Master Program. (i)b. Type 2 Water — means salmonid bearing segments of natural waters not classified as Type 1 Water, with documented salmonid use. This category also refers to lakes, ponds, or impoundments having a surface area of 1 acre of greater at seasonal low water. Salmonid Bearing waters are used by fish for spawning, rearing or migration. c. Type 3 Water—means non-salmonid segments of natural waters not classified as Type 1 or 2 Waters. These are stream segments within the bankfull width of defined channels that are perennial and intermittent non-salmonid habitat streams. These waters begin at a point along the channel where documented salmonid fish use ends. B. Buffer Areas, Setbacks, Fencingand nd Signag_e 1. General Provisions. a. The establishment of buffers shall be required for all development proposals and activities in or adjacent to streams. The purpose of the buffer shall be to protect the integrity, function, value and resources of the stream. Buffers shall typically consist of an undisturbed area of native vegetation established to achieve the purpose of the buffer. No buildings, structures, impervious surfaces or non-native landscaping shall be allowed in a buffer unless otherwise permitted by this chapter. If the site has previously been disturbed, the buffer area shall be re-vegetated pursuant to an approved enhancement plan. Where flexible buffer widths are permitted by this chapter, such enhancement shall be considered in determining appropriate buffer widths. Buffers shall be protected during construction by placement of a temporary barricade,notice of the presence of the critical area, and implementation of appropriate erosion and sedimentation controls. Restrictive covenants or conservation easements will be required to provide long-term preservation and protection of buffer areas. b. 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. c. All stream buffers shall have a minimum building setback line, as defined by this Chapter,of 15-feet from the edge of all stream buffers. d. All stream buffers shall have a wildlife passable fence installed at the edge of the buffer. Fencing shall consist of split rail cedar fencing (or other non-pressure treated materials approved by the City). The fencing shall also include sensitive area signage at a rate of one (1) sign per lot or one (1) sign per 100 feet for large parcels and along public right of way whichever is greater. 35 September 27, 2004 RAFT August 3A, 2884 2. Standard Buffer Widths. The following standard buffers are established for streams, as measured from the ordinary high water mark. Stream Type Standard Buffer Type 1 Per Kent SMP Type 2 100 feet Type 3 40 feet 3. 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 50 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 18 01h Street intersect following 180'J' 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 98'h 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 Green River to the point of beginning. a. Stream buffers shall be 50 feet. b. 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. c. A buffer management and enhancement plan shall be required, consistent with the mitigation performance standards in this section and Attachment 1. d. Buffer reductions or averaging shall not be permitted except as permitted through the reasonable use provisions of Section 9, or the Variance provision of Section 10 of these regulations. 4. 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. 5. Buffer Averaging. The Department may permit buffer widths to be averaged for Type 2 and Type 3-streams only, in accordance with the stream report, subject to the following criteria: a. stream functions will not be reduced; b. salmonid habitat will not be adversely affected; c. additional enhancement of habitat is provided in conjunction with the reduced buffer; d. the total area contained in the buffer area after averaging is not less that what would be contained in the standard buffer; e. the buffer width is not reduced by more than 50 percent in any location; and f. the buffer area width is not less than 40 feet. 36 September 27, 2004 DRAFT August 30, 04 g. all reduced buffers shall be mitigated through buffer enhancement pursuant to the requirements of Section 11. 6. Activities Within Buffer. No structures or improvements shall be permitted within the stream buffer area, including buildings, decks, docks, except as otherwise permitted by this section, by the City's adopted Shoreline Master Program, or under one of the following circumstances: a. when the improvements are part of an approved enhancement, restoration or mitigation plan; or b. construction of new public roads and utilities, and accessory structures, when no feasible alternative location exists; or c. construction of foot trails, according to the following criteria: (i) constructed of permeable materials; (ii) designed to minimize impact on the stream system; (iii) of a maximum width of eight (8) feet; (iv) 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; or d. construction of footbridges and boardwalks; or e. construction of educational facilities, such as viewing platforms and informational signs; or f. stormwater discharge points and energy dissipation structures, provided mitigation and enhancement is completed and approved by the City. 7. Protection of Streams/Buffers. Long term protection of a regulated stream and its associated buffer shall be provided by placing it in a separate tract on which development is prohibited; executing an easement; dedication to a conservation organization or land trust; or similarly preserved through a permanent protective mechanism acceptable to the City. The location and limitations associated with the stream and its buffer shall be shown on the face of the deed or plat applicable to the property and shall be recorded with the King County Recorder's Office. 8. Buffer Width Variances. Required buffers shall not deny all reasonable use of property. A variance from buffer width requirements may be granted by the City subject to the variance criteria set forth in Section 10 of these regulations. Variances to buffers shall require a buffer enhancement plan pursuant to Section 11, including bonding pursuant to Section 12. Prior to obtaining a variance, the applicant must demonstrate that all other reasonable alternatives including avoidance, minimization and buffer-averaging have been explored and would prohibit all reasonable economic use of the property. 9. 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: a. Removal of fish barriers to restore accessibility to anadromous fish. 37 September 27, 2004 DRAFT 04 b. Enhancement of fish habitat using log structures incorporated as part of a fish habitat enhancement plan. c. Creating or enhancing the surface channel if approved by the Washington Department of Fish and Wildlife. d. Planting native vegetation within the buffer area, especially vegetation that would increase value for fish and wildlife, increase stream bank or slope stability, improve water quality, or provide aesthetic/recreational value; e. Landscaping outside the buffer area with native vegetation or a reduction in the amount of clearing outside the buffer area; or f. 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. g. Additional mitigating measures may include but are not limited to the following: (i) Creating a surface channel where a stream was previously culverted or piped; or (ii)Removing or modifying existing stream culverts (such as at road crossings) to improve fish passage and flow capabilities which are not detrimental to fish; (iii) Upgrading retention/detention facilities or other drainage facilities beyond required levels; or (iv) similar measures determined to be appropriate by the Department. C. Alteration or Development—Standards and Criteria Alteration of streams and/or their established buffers may be permitted by the Department subject to the criteria of this section. Standards for mitigation of impacts to critical areas are identified in Section 11 of these regulations. 1. Alteration shall not degrade the functions and values of the stream. 2. 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: a. the activity is timed to occur only within the allowable work window for the particular species; b. the activity is designed so as not to degrade the functions and values of the habitat and any impacts are mitigated; and c. an alternate location or design is not feasible. 3. 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. 4. Bridges shall be used to cross Type 1 streams; boring/micro-tunneling may be considered for utility crossings if it would result in the same or lower impacts as bridging. 5. Culverts. All new culverts shall be designed following guidance provided in the Washington Department of Fish and Wildlife's document: "Design of Road Culverts for Fish Passage, 2003 (or most recent version thereof) ." The applicant shall obtain a HPA from the Department of Fish and Wildlife. Culverts are allowed only in Type 2,and 3. 38 September 27, 2004 DRAFT August 30, 84 6. 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. 7. 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. D. Mitigation Performance Standards. The performance standards in this section, and the standards in Sections 11 and 12 shall be incorporated into mitigation plans submitted to the City for impacts to streams. Mitigation plans shall contain the information described in Attachment 1 of this chapter and are subject to approval by the City of Kent. 1. Use plants native to the Puget Lowlands or Pacific Northwest ecoregion; nonnative, introduced plants or plants listed by the Washington State Department of Agriculture as noxious weeds (WAC 16-750) shall not be used; 2. Use plants adapted to and appropriate for the proposed habitats and consider the ecological conditions known or expected to be present on the site. 3. 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; 4. 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; 5. Use perennial plants in preference to annual species; annuals shall be planted following the second or third year after initial installation of plantings to determine the success of initial plantings and maintenance practices. Annual plants shall only be used if mitigation monitoring determines that native plants are not naturally colonizing the site or if species diversity is unacceptably low compared to approved performance standards; 6. 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); 7. Install a temporary irrigation system and specify an irrigation schedule unless a sufficient naturally-occurring source of water is demonstrated.; 8. Confine temporary stockpiling of soils to upland areas. Unless otherwise approved by the Department, comply with all applicable best management practices for clearing, grading, and erosion control to protect any nearby surface waters from sediment and turbidity; 39 September 27, 2004 DAFT August 30 20A4 9. Show densities and placement of plants. These should be based on the ecological tolerances of species proposed for planting, 10. Provide sufficient specifications and instructions to ensure proper placement diversity and spacing of seeds, tubers, bulbs, rhizomes, springs, plugs, and transplanted stock and other habitat features, to provide a high probability of success, and to reduce the likelihood of prolonged losses of wetland functions from proposed development. Prepare contingency plans as described in Section 11 for all mitigation proposals. 11. 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. SECTION 14-2. WILDLIFE HABITAT A. Classification&Rating. Wildlife habitat areas subject to these regulations include habitat classified as "critical"habitat and"ponds"according to the criteria in this section. 1. "Critical Habitat" are those habitat areas which meet any of the following criteria: a. the documented presence of species or habitat listed by federal or state agencies as "endangered", "threatened", "candidate", "sensitive" or"priority"; or b. the presence of unusual nesting or resting sites such as heron rookeries or raptor nesting trees This provision shall be limited to rotors which are included within the listed categories of wildlife noted in paragraph (a) above and shall apply to active nests. To demonstrate that a nesting site is inactive and not subject to these regulations an applicant must monitor the nesting site during construction and submit a report documenting that it is not currently being used by the relevant species.; A list of critical habitat/species believed to be present in the City of Kent, based on information in databases maintained by the Department of Natural Resources and Department of Fish and Wildlife is contained in Attachment 3. 2. "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. B. Buffer Areas and Setbacks. 40 September 27, 2004 DRAFT 1. Buffer widths for critical habitat areas shall be determined by the Department,based on an critical area report prepared by the applicant pursuant to this chapter and consideration of the following factors. a. research and evaluation of best available science sources relevant to species and habitat present within the City, as documented in Critical Areas Issue Paper: Regulatory Audit, Gap Analysis and Best Available Science Review (City of Kent, 2003)or amendments thereto; b. species-specific management guidelines of the Washington Department of Fish and Wildlife; c. recommendations contained in the wildlife study submitted by a qualified consultant, following the reporting requirements of these regulations; and d. 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. 2. Buffers for ponds shall be 75 feet plus a 15-foot BSBL 3. Wildlife habitat buffer widths may be modified by averaging buffer widths, , If buffer averaging is approved, it shall include enhancement or restoration of buffer quality. 4. Certain uses and activities which 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 permeable pedestrian trails, fishing piers and viewing platforms, and utility easements, provided that any impacts to the buffer resulting from permitted facilities shall be mitigated. When permitted, such facilities should be located in the outer 10 feet of the buffer, unless otherwise approved by the Director. 5. Long term protection of critical habitat areas and their associated buffer(s) shall be provided by placing them in a separate tract on which development is prohibited; protection by execution of an easement; dedication to a conservation organization or land trust; or a similar permanent protective mechanism acceptable to the City. The location and limitations associated with the habitat and its buffer shall be shown on the face of the deed or plat applicable to the property and shall be recorded with the King County Recorder's Office. C. Alteration or Development of Wildlife Habitat 1. Critical Habitat: Alterations of critical habitat shall be avoided, subject to the variance or reasonable use provisions of this chapter. 2. Where permitted by these regulations, alteration shall not degrade the functions and values of the habitat. D. Performance Standards for Mitigation Planning. 1. The performance standards in this section, and the general standards in Section 11 of this chapter, shall be incorporated into mitigation plans submitted to the Department for impacts 41 September 27, 2004 DRAFT Ayg +�z004 to wildlife habitat. Mitigation plans shall contain the information described in Attachment 1. The following additional mitigation measures shall be incorporated in mitigation planning: a. locate buildings and structures in a manner that minimizes adverse impacts on critical habitats used by priority, threatened or endangered species and identified by the Washington State Department of Fish and Wildlife, National Marine Fisheries Services, and U.S.Fish and Wildlife Services. b. integrate retained habitat into open space and landscaping; c. wherever possible, consolidate critical habitats into larger, unfragmented, contiguous blocks; d. use native plant species for landscaping of disturbed or undeveloped areas and in any habitat enhancement or restoration activities; e. 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. Dymess 1988) or other regionally recognized publications on native landscapes; f. remove and/or control any noxious and invasive weeds or exotic animals which are problematic to the critical habitat area as determined by the Department; and g. preserve significant or existing native trees, preferably in stands or groups, consistent with achieving the goals and standards of this chapter. 2. On completion of construction, any approved mitigation project must be signed off by the applicant's qualified consultant and approved by the Department. A signed letter from the consultant will indicate that the construction has been completed as approved, and approval of the installed mitigation plan will begin the monitoring period if appropriate. SECTION 15. GEOLOGIC HAZARD AREAS Geologic Hazard Areas include landslide, erosion, seismic and volcanic hazard areas. A. Alterations of Geologic Hazard Areas 1. Alterations of geological hazard areas or associated buffers may only occur for activities that meet the following criteria: a. will not increase the existing threat of the geological hazard to adjacent properties; b. will not adversely impact other critical areas; c. are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than pre-development conditions; and d. 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. 2. Public emergency, health, and safety facilities and public utilities shall not be sited within geologically hazardous areas unless there is no other practicable alternative. 42 September 27, 2004 DRAFT 4 3. Landslide Hazard Areas a. 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 1 above. b. Unless otherwise provided or as a necessary part of an approved alteration, removal of any vegetation from a landslide hazard area or buffer shall be prohibited, except for removal of hazard trees as verified by the Department. c. 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. d. 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. 4. Erosion Hazard Areas a. 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. b. 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.I. The hazard analysis must be completed in general accordance with the requisites described in the geologic report. c. 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. d. The use of hazardous substances, pesticides and fertilizers in erosion hazard areas is prohibited unless otherwise approved by the Department. 5. Seismic Hazard Areas a. Alterations to seismic hazard areas may be allowed only as follows: i. The evaluation of site-specific subsurface conditions shows that the proposed development site is not located in a seismic hazard area; ii. Mitigation based on the best available engineering and geotechnical practices shall be implemented which either eliminates or minimizes the risk of damage, death, or injury resulting from seismically induced settlement or soil liquefaction. Mitigation shall be consistent with the requirements of KCC 14.01 and shall be approved by the Building Official;and 43 September 27, 2004 DRAFT August 30 2-004 iii. 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. 6. Volcanic Hazard Areas The City shall maintain a map that indicates the location of volcanic hazards. Sites which are located on or within 200 feet of an identified volcanic hazard area shall include a notation on the title to the affected property disclosing the presence of the hazard. B. Buffers and Setbacks 1. A buffer shall be established to protect geologic hazard areas. Buffers and setbacks shall be established from the top,bottom, and sides of critical areas. Unless permitted by the Director, native vegetation within buffer areas shall not be impacted, and shall remain in their natural state. The width of the buffer shall be established by the Department based on consideration of the following factors: a. the recommendations contained in the geologic report required by this chapter and prepared by a qualified consultant; b. the sensitivity of the geologic hazard in question; and c. the type and intensity of the proposed land use. 2. All buffers shall include a minimum fifteen(15) foot BSBL. 3. 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. a. Minimum buffer width for landslide hazard areas shall be equal to the vertical height of the landslide hazard or fifty (50) feet, whichever is greater, for all landslide hazard areas that measure 10 feet or more in vertical elevation 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. b. The buffer may be reduced when a qualified professional demonstrates to the Department's satisfaction that the reduction will adequately protect the proposed development, adjacent developments and uses and the subject critical area. In no case shall the buffer be less than 25-feet. c. To increase the functional attributes of the buffer, the Department may require that the buffer be enhanced through planting of indigenous species. d. The edge of the buffer area shall be clearly staked, flagged, and fenced prior to any site clearing or construction. The buffer boundary markers shall be clearly visible, durable, and permanently affixed to the ground. Site clearing shall not commence until the engineer has submitted written notice to the Department that buffer requirements of this regulation are met. Field marking shall remain until all construction and clearing phases are completed and final approval has been granted by the Department. SECTION 16. CRITICAL AQUIFER RECHARGE AREAS A. Designation. Rating and Mapping 44 September 27, 2004 DRAFT August 30, 84 1. Critical aquifer recharge areas designation. Critical aquifer recharge areas (CARA) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030 (2). CARA have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. These areas include the following: a. Wellhead protection areas. Wellhead protection areas shall be defined by the boundaries of the ten(10) year time of ground water travel, or boundaries established using alternate criteria approved by the Department of Health in those settings where ground water time of travel is not a reasonable delineation criterion, in accordance with WAC 246-290-135. b. Susceptible ground water management areas. Susceptible ground water management areas are areas that have been designated as moderately or highly vulnerable or susceptible in an adopted ground water management program developed pursuant to Chapters 173-100 WAC. c. Special protection areas. Special protection areas are those areas defined by WAC 173-200-090. d. 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. 2. Mapping of critical aquifer recharge areas. a. The approximate location and extent of critical aquifer recharge areas are shown on the Wellhead Protection Area Map. b. These maps are to be used as a guide for the City of Kent, project applicants and/or property owners, and may be continuously updated as new critical areas are identified or when updates to the City of Kent Wellhead Protection Program are completed. They are a reference and do not provide a final critical area designation. c. This mapping does not include private water wells for single family residences. B. Critical area report required—Activities that require a critical area report 1. If located within a CARA, the following land use proposals shall be required to complete a critical aquifer recharge area report. The report shall be submitted to, reviewed and approved by the Department. a. Above ground storage tanks b. Dry cleaners c. Pipelines (hazardous liquid transmission) d. Auto repair shops (including oil/lube facilities) e. Underground storage tanks f. Gas stations e. other land use types as determined by the Director that may have the potential to significantly impact groundwater resources. C. Critical aquifer area report—Requirements for critical aquifer recharge areas 45 September 27, 2004 DRAFT August 4 1. Prepared by a qualified professional. An aquifer recharge area critical area report shall be prepared by a qualified professional who is a hydrogeologist, or engineer, who is licensed in the state of Washington and has experience in preparing hydro-geologic assessments. 2. Hydro-geologic assessment required. For all proposed activities identified in Section 16.B.1 a critical recharge area report shall be required. 3. Critical Aquifer Recharge Area Requirements. 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 on site or immediately adjacent to the site, and permeability of the unsaturated zone based on available information; b. Ground water depth, flow direction and gradient based on available information; c. Currently available data on wells and springs within 1,300 feet of the project area; d. Location of other critical areas, including surface waters, within 1,300 feet of the project area; e. Available historic water quality data for the area to be affected by the proposed activity; and f. Best management practices proposed to be utilized. g. Historic water quality data for the area to be affected by the proposed activity compiled for at least the previous five(5) year period based on available information; h. Ground water monitoring plan provisions; i. Discussion of the effects of the proposed project on the ground water quality and quantity, including: i. Predictive evaluation of ground water withdrawal effects; and ii. Predictive evaluation of contaminant transport based on potential releases to ground water; and j. A spill plan that identifies equipment and/or 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. D. Performance standards—General requirements 1. Activities may only be permitted in a critical aquifer recharge area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not adversely affect the recharging of the aquifer. 2. The proposed activity must comply with the water source protection requirements and recommendations of the federal Environmental Protection Agency, state Department of Health, and the Seattle King County Health Department. 3. The proposed stormwater management facilities must be designed and constructed in accordance with the King County Surface Water Design Manual as adopted by the City of Kent pursuant to KCC Chapter 7.07. E. Performance standards— Specific uses 1. Storage Tanks. All storage tanks proposed to be located in a critical aquifer 46 September 27, 2004 DRAFT 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 non-corrosive material, steel clad with a non-corrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substances; and, iii. Use material in the construction or lining of the tank that is compatible with the substance to be stored. b. Aboveground Tanks. All new aboveground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: i. Not allow the release of a hazardous substance to the ground, ground waters, 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; and 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. No dry wells shall be allowed in critical aquifer recharge areas. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the state Department of Ecology prior to commencement of the proposed activity. 4. Residential use of pesticides and nutrients. Application of household pesticides, herbicides, and fertilizers shall not exceed times and rates specified on the packaging. 5. Spreading or injection of reclaimed water. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by the departments of Ecology and Health. a. Surface spreading must meet the ground water recharge criteria given in Chapter 90.46.080 RCW and Chapter 90.46.010(10). b. Direct injection must be in accordance with the standards developed by authority of Chapter 90.46.042 RCW. F. Prohibited Uses The following activities and uses are prohibited in critical aquifer recharge areas: 1. Landfills. Landfills, including hazardous or dangerous waste, municipal solid waste, special waste, woodwaste, and inert and demolition waste landfills; 47 September 27, 2004 DRAFT 04 2. Underground injection wells. Class I, III, and IV wells and subclasses FO1, 5DO3, 5FO4, 5WO9, 5W10, 5W11, 5W31, 5X13, 5X14, 5W20, 5X28, and 5N24 of Class V wells; 3. Mining a. Metals and hard rock mining. b. Sand and gravel mining is prohibited from critical aquifer recharge areas determined to be highly susceptible or vulnerable. 4. Wood treatment facilities. Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade); 5. Storage, processing, or disposal of radioactive substances. Facilities that store process, or dispose of radioactive substances; 6. 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. a. All property currently with a private well, or within 200-feet of a private well, shall follow all conditions of the King County Board of Health Code 12.24.010 in the design of the development of the property. Any proposed development plans shall show all private wells within 200-feet. 7. Other a. Activities that would significantly reduce the recharge to aquifers currently or potentially used as a potable water source; b. Activities that would significantly reduce the recharge to aquifers that are a source of significant baseflow to a regulated stream; SECTION 17. FLOOD HAZARD AREAS Flood Hazard regulations are contained in KCC 14.09. SECTION 18. SEVERABILITY If any provision of these regulations or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of these regulations or the application to other persons or circumstances shall not be affected. ATTACHMENTS: A. Critical Area Reporting Requirements - Mitigation Plan Requirements - Wetland Study &Reporting Requirements - Stream Reconnaissance Report Requirements - Wildlife Habitat Study&Reporting Requirements - Geologic Hazard Reporting Requirements - Aquifer Recharge Area Reporting Requirements - Flood Hazard Study Requirements B. List of Wildlife Species 48 September 27, 2004 E R A r August 30, 4 ATTACHMENT 1 MITIGATION PLAN REQUIREMENTS 1. Where it is determined by the Department that compensatory mitigation is required or appropriate, a mitigation plan shall be prepared. The purpose of the plan is to prescribe mitigation to compensate for impacts to the affected sensitive area functions,values and acreage as a result of the proposed action. This plan shall consider the chemical, physical,and biological impacts on the sensitive area system using a recognized assessment or evaluation methodology and/or professional judgment. 2. The mitigation plan shall be prepared in two phases--a conceptual phase and a detailed phase. a. Conceptual Plan-Standards and Criteria. The applicant shall prepare a conceptual mitigation plan for submission to the Department which shall be approved prior to the issuance of any land use decision or issuance of a building permit if applicable . The conceptual mitigation plan shall include: i. purpose ii.description of property iii. description of impacts iv. description of mitigation v.General goals and of the mitigation plan; vi. A review of alternative actions that would avoid or lessen the impacts on the wetland; vii.A review of literature or experience to date in restoring or creating the type of mitigation proposed; viii.Approximate site topography following construction; ix. Location of proposed compensation area; x.General hydrologic patterns on the site prior to and following construction; xi.Nature of compensation,including wetland or habitat types(in-kind and out-of-kind),general plant selection and justification, approximate project sequencing and schedule,and approximate size of the new sensitive areas and applicable buffers. xii. Conceptual planting plan; xiii. A conceptual maintenance plan;and xiv. Conceptual monitoring and contingency plan. b. Detailed Plan-Standards and Criteria. Following acceptance of the conceptual mitigation plan by the Department,the applicant shall submit a detailed mitigation plan prepared by a qualified consultant. Each detailed plan shall contain,at a minimum,the following components,and shall be consistent with applicable mitigation standards: i.A clear statement of the objectives of the mitigation. The goals of the mitigation plan should be stated in terms of the new functions and values compared to the functions and values of the original area. Objectives should include: (a)Qualitative and quantitative standards for success of the project,including hydrologic characteristics(water depths,water quality,hydroperiod/hydrocycle characteristics, flood storage capacity); vegetative characteristics(community types, species composition, density,and spacing); faunal characteristics,and final topographic elevations. (b) An ecological assessment of the values and buffers that will be lost as a result of the activities, and of the replacement values and buffers,including but not limited to the following: (i)Acreage of project; (ii)Existing functions and values; (iii)Sizes of mitigation area,buffers,and areas to be altered; 49 DRA September 27, 2004 FT August 3O,2004 (iv)Vegetative characteristics,including community type, areal coverage,species composition, and density; (v)Habitat type(s)to be enhanced,restored, or created; and (vi)Dates for beginning and completion of mitigation project, and sequence of construction activities. (c) A statement of the location,elevation,and hydrology of the new site,including: (i)Relationship of the project to the watershed and existing water bodies; (ii)Topography of site using five foot contour intervals; (iii)Water level data,including depth and duration of seasonally high water table; (iv)Water flow patterns; (v)Grading, filling and excavation,including a description of imported soils; (vi)Irrigation requirements,if any; (vii)Water pollution mitigation measures during construction; (viii)Aerial coverage of planted areas to open water areas(if any open water is to be present); and (ix)Appropriate buffers. (d) A planting plan,describing what will be planted where and when,including: (i) Soils and substrate characteristics and any applicable soil amendments needed; (ii)Specify substrate stockpiling techniques; and (iii)Planting instructions,including species,stock type and size,density or spacing of plants,and water and nutrient requirements. (e) A monitoring and maintenance plan,consistent with applicable requirements of this chapter. (i) Specify procedures for monitoring and site maintenance; and (ii)Submittal of periodic monitoring reports to the Department. (f) A contingency plan,which addresses the potential need and responsibility to modify the mitigation program in response to changes,and consistent with requirements of this chapter. (g) A detailed budget for implementation of the mitigation plan,including monitoring, maintenance and contingency phases. (h) A guarantee,in the form of a bond or other security device in a form and amount acceptable to the City,assuring that the work will be performed as planned and approved, consistent with the requirements of this chapter. The financial guarantee shall be 125%of the mitigation costs,including construction,maintenance and monitoring. 50 September 27, 2004 DRAF aygus ee4 ATTACHMENT 2 STREAM RECONNAISSANCE REPORT REQUIREMENTS 1. Prior to the issuance of a SEPA threshold determination for a proposal,a stream reconnaissance report must be submitted to the City for review. The purpose of the report is to determine the physical and biological characteristics of streams on any site where regulated activities are proposed. The report will also be used by the Department to determine the appropriate stream rating designation and buffering requirement for the stream. The information required for this report should be coordinated with the study and reporting requirements established for any other sensitive areas located on the site. 2. Stream banks(Ordinary High Water Mark)should be flagged in the field by a qualified consultant. Field flagging must be distinguishable from other survey flagging on the site. A survey of field flagging must be accompanied by a stream reconnaissance report. The report shall include the following information: a. Vicinity map; b. Site designated on a City of Kent Stream Inventory Map; c. Streams shall be located approximately on a site map at an appropriate engineering scale such that information shown is not cramped or illegible. Generally,a scale of 1"=40'or greater(such as 1"=20')should be used. Existing features must be distinguished from proposed features. The map must show: i.site boundary property lines and roads; ii.internal property lines,rights-of-way,easements,etc.; iii. existing physical features of the site including buildings,fences,and other structures,roads, parking lots,utilities,water bodies,etc.; iv. contours at the smallest readily available intervals,preferably at 5-foot intervals; v.approximate locations of all streams on the property; vi.hydrologic mapping showing patterns of water movement into,through, and out of the site area; vii. for large and/or complex projects,an air photo with overlays displaying the site boundaries and stream locations may be required. Generally,an orthophotograph at a scale of 1"=400'or greater(such as 1"_ 200')should be used. If an orthophotograph is not available,the center of a small scale(e.g., 1" =2,000')aerial photograph enlarged to 1" =400'may be used. viii. identify other sensitive areas as defined by this Chapter;and ix. location of proposed use or proposed parcel lines. d. The report must describe: i.locational information including legal description and address; ii. all natural and man-made features within 150 feet of the site boundary; iii. general site conditions including topography,acreage,and area hydrology; iv. specific descriptions of streams,including gradient and flow characteristics,stream bed condition, stream bank and slope stability,presence of fish or habitat for fish,presence of obstructions to fish movement,general water quality,and stream bank vegetation; and(seems excessive if there is not going to be any impacts to the stream and the applicant will stay out of the buffer.) v. a summary of existing stream value for fisheries habitat. e. A summary of proposed stream and buffer alterations, impacts,and the need for the alterations as proposed. Potential impacts may include but are not limited to vegetation removal, stream bed and stream bank alterations,alteration of fisheries habitat, changes in water quality,and increases in human intrusion. If alteration of a stream is proposed,a stream mitigation plan is required according to the standards of Section 12. 51 September 27, 2004 DRAFT. Awgust30, 2004 ATTACHMENT 3 WILDLIFE STUDY AND REPORTING REQUIREMENTS 1. Prior to the issuance of a SEPA threshold determination for a proposal, a wildlife habitat report must be submitted to the City for review. The purpose of the report is to determine the extent, function and value of wildlife habitat on any site where regulated activities are proposed. The report will also be used by the Department to determine the sensitivity and appropriate classification of the habitat,appropriate buffering requirements,and potential impacts of proposed activities. The information required by this report should be coordinated with the study and reporting requirements for any other sensitive area located on the site. 2. The report shall include the following information: a. Vicinity map; b. A map showing: i.site boundary property lines and roads; ii.internal property lines,rights-of-way,easements,etc.; iii. existing physical features of the site including buildings,fences, and other structures,roads, parking lots,utilities, water bodies,etc.; iv.contours at the smallest readily available intervals,preferably at 5-foot intervals; v.for large and/or complex projects,an air photo with overlays displaying the site boundaries and wetland delineation may be required. Generally,an orthophotograph at a scale of 1" =400'or greater(such as 1"_ 200')should be used. If an orthophotograph is not available,the center of a small scale(e.g., V=2,000')aerial photograph enlarged to 1"=400'may be used; vi. a map of vegetative cover types,reflecting the general boundaries of different plant communities on the site; vii. a description of the species typically associated with the cover types, including an identification of any critical wildlife species that might expected to be found; viii.the results of searches of DNR's Natural Heritage and Non-Game Data System databases; and viii.the result of searches of the Washington Department of Fish and Wildlife Priority Habitat and Species database. c. The report must describe: i.locational information including legal description and address; ii. all natural and man-made features within 150 feet of the site boundary; iii.general site conditions including topography,acreage,and water bodies or wetlands; iv. identification of any areas that have previously been disturbed or degraded by human activity or natural processes; v.the layers,diversity and variety of habitat found on the site; vi. identification of edges between habitat types and any species commonly associated with that habitat; vii.the location of any migration or movement corridors; and viii.a narrative summary of existing habitat functions and values. The analysis shall use a habitat evaluation procedure or methodology approved by the Department. d. A summary of proposed habitat and buffer alterations,impacts and mitigation. Potential impacts may include but are not limited to clearing of vegetation,fragmentation of wildlife habitat,expected decreases in species diversity or quantity,changes in water quality,increases in human intrusion,and impacts on wetlands or water resources. e. The level of detail contained in the report shall generally reflect the size and complexity of the proposal and the function and value of the habitat. The Department may require field studies in appropriate cases. 52 September 27, 2004 R�ro 4� August 30, 4 Attachment x Critical Species&Habitat Located Within the City of Kent The following species/habitat are believed to be located within the City of Kent. This list is based on information obtained from the Department of Natural Resources and Washington Department of Fish and Wildlife and from the City of Kent Critical Areas Issue Paper and Best Available Science Report(March 2003). It will be updated as new information about the presence of critical species becomes available. This list will be used to provide information to staff, applicants and the general public. It is also intended to be used as a guide to determine the appropriate scope of wildlife reports that are required to be prepared by this chapter,and to help determine appropriate buffers where appropriate. Birds Bald Eagle Great Blue Heron Mountain Quail Pileated woodpecker Osprey Mammals Small mammals(e.g.,moles,bats, shrews) Large mammals(e.g.,beaver, raccoon) Townsends big eared bat Amphibians and Reptiles Western pond turtle Fish Anadromous Resident Aquatic insects/macro-invertebrates 53 i ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending chapter 14.09 of the Kent City Code, regarding flood hazard regulations, to WHEREAS, the city council desires to amend chapter 14.09 of the Kent City Code, to NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. —Amendment. Chapter 14.09 of the Kent City Code is amended as follows: Chapter 14.09 FLOOD HAZARD REGULATIONS* 14.09.010 Definitions. 1 Revisions to Chapter 14.09— Flood Hazard Regulations The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Appeal means a request for review of any final action pursuant to this chapter, or of the interpretation of any provision of this chapter by any city official. Area of shallow flooding means the land within the floodplain where the base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. Area of special flood hazard means the land within the floodplain which is subject to a one (1) percent or greater chance of flooding in any given year. Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year, also referred to as the one hundred (100) year flood. - Base flood elevation means the actual elevation (in mean sea level) of the water surface of the base flood determined by the federal flood insurance administration or other qualified person or agency as described in this chapter. Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to: schools, nursing homes, hospitals, police, fire and emergency response installations; and public and private facilities which produce, use, or store hazardous materials or hazardous waste as defined by State Department of Ecology. Development means any proposed or actual manmade changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within flood hazard areas and other site preparation activities. Director means the director of the department of public works of the city. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; 2. The unusual and rapid accumulation of run-off of surface water from any source. Flood insurance rate map (FIRM means the official map on which the federal flood insurance administration has delineated both the special flood hazard areas and the risk premium zones applicable to the community. Flood insurance study means the official report provided by the federal insurance administration that includes flood profiles, the flood boundary andfloodway map, flood insurance rate map, and the water surface elevation of the base flood. Flood season means the period from November 1 to March 31 during which, historically, the frequency, distribution and volume (inches of rainfall) of storms in the Green River Basin have been the largest and all known major floods have occurred. Floodplain means that portion of a river or stream channel and adjacent lands which are subject to the base flood flooding. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Floodway fringe means that portion of a floodplain which is not floodway. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or 2 Revisions to Chapter 14.09— Flood Hazard Regulations storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. Manufactured home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. New construction means structures for which the "start of construction" commenced on or after the effective date of this chapter. Special flood hazard area means those land and water areas identified by the Federal Insurance Administration in a report entitled"The Flood Insurance Study for King County Washington and Incorporated Areas" dated September 30, 1989, with accompanying pages on file with King County or the department of public works of the city. Start of construction includes substantial improvement, and means the date a building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include submission of an application for development, land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Structure means a walled and roofed building including a gas or liquid storage tank that is principally above ground. Substantial improvement means any repair, remodeling, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty(50)percent of the appraised fair market value of the structure either: 1. Before the improvement or repair is started; or 2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are necessary solely to assure safe living conditions; or 3 Revisions to Chapter 14.09— Flood Hazard Regulations b. Any alteration of a structure listed on the National Register of Historic Places or a recognized state or local inventory of historic places. 14.09.020 Findings. The city council finds that: 1. The flood hazard areas of the city are subject to periodic inundation which endangers life and property, presents health and safety hazards, disrupts commerce and governmental services, and necessitates extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare, and 2. These flood losses are caused by the natural accumulation and ponding of floodwaters and the cumulative effect of obstructions in flood hazard areas which increase flood heights and velocities. Uses inadequately floodproofed, elevated or protected from flood damage or that otherwise encroach on the natural holding capacity of the floodplain also contribute to the flood loss. 14.09.030 Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by enacting provisions designed to: 1. Protect life and property by preventing the hazardous use of flood-prone lands; 2. Protect downstream or surrounding property from higher velocities or higher flood levels which may be caused by loss of holding capacity in the floodplain; 3. Minimize turbidity and pollution from upstream or surrounding development during a flood; 4. Minimize the expenditure of public money for remedial flood control measures; 5. Minimize the need for rescue and relief efforts associated with flooding which are generally undertaken at the expense of the general public; 6. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood hazard areas; 7. Alert appraisers, assessors, owners, potential buyers, and lessees to the natural limitations of flood-prone land; 8. Ensure that those who occupy or seek to develop in flood hazard areas assume responsibility for their actions; 9. Qualify the city and existing homes and businesses for participation in the federal flood insurance program; and 10. Implement local, state and federal flood protection programs. 14.09.040 Policies and standards for reducing flood losses. In order to accomplish its purpose, this chapter includes policies and standards to: 1. Restrict, condition, or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights or velocities; 4 Revisions to Chapter 14.09— Flood Hazard Regulations 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial development and construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; 4. Control filling, grading, dredging, and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood- waters or which may increase flood hazards in other areas. 14.09.050 Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city. 14.09.060 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study for King County, Washington and Incorporated Areas," dated June 16, 1995, with accompanying flood insurance maps is hereby adopted by reference and declared to be a part of this chapter as if stated verbatim. The flood insurance study is on file and available for examination at the office of the department of public works. 14.09.070 Penalties for noncompliance. No structure or land shall hereafter be developed, constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500) or imprisoned for not more than one hundred eighty (180) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. 14.09.080 Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 14.09.090 Interpretation. In the interpretation and application of this chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. 5 Revisions to Chapter 14.09— Flood Hazard Regulations 14.09.100 Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, its elected officials or any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administration decision lawfully made hereunder. 14.09.110 Green River flood control zone number 2. All building and development within the boundaries of the Green River flood control zone number 2 shall comply with all provisions of Chapter 86.16 RCW and Chapter 508-60 WAC, the state flood control zone act and permit program regulations. 14.09.120 Permits and licenses. No permit or license for structures or the development or use of land shall be issued by the city within a special flood hazard area unless approved by the director or other designate. Such approval shall be based on a review of the provisions set forth in this chapter and the technical findings and recommendations of city departments including, but not limited to building, fire and planning departments. Compliance with the provisions of this chapter does not obviate the need to obtain other permits which may be required pursuant to state or federal law including but not limited to approvals required from the United States Army Corps of Engineers and the State Departments of Social and Health Services and Ecology relating to water and sewer systems which ensure that water and sewer systems will be designed to avoid infiltration, inflow or impairment. 14.09.130 Procedural requirements. City permits or licenses which relate to the development and use of land within a flood hazard area or special flood hazard areas shall be referred to the department of public works by the issuing department for approval. If it can be determined from information at hand that the property does not lie in a special flood hazard area, the issuing department may approve the permit or license directly. If it appears that the property may lie in a special flood hazard area, the department of public works shall require its owner to submit information necessary to determine if in fact the property lies within the floodway or floodway fringe. If it is determined that the property lies within the floodway or floodway fringe, the applicant shall be required by f the department of public works to submit such surveys, plans and supporting documents as are necessary to determine the applicability of city regulations to the proposed structure, development or use. The department of public works shall consider not only the individual structure, development or use, but shall also consider it in combination with existing and future similar structures, developments and uses. Whenever technical information is furnished to the city by an applicant, the city shall consider such report in acting upon the requested permit. In performing such review, the department of public works may request additional applicant information, including the preparation and submission of an environmental checklist under the 6 Revisions to Chapter 14.09— Flood Hazard Regulations State Environmental Policy Act or a supplement thereto if already submitted to an issuing department. The director or his designate shall, within a reasonable time, indicate approval or disapproval of the requested permit or license; and if approved, the conditions of approval, in a letter to the issuing department, with copies to the applicant, issuing department, commenting departments, other agencies and other known parties of interest. 14.09.140 Use of other base flood data. In order to administer the provisions of this chapter when base flood elevation data has not been provided in accordance with sections herein, the director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source determined by the director to provide accurate and detailed flood related information. Such information shall supplement special flood hazard area information and maps and shall be retained on file with the department of public works, including information under KCC 14.09.150. 14.09.150 Designation of Local Administrator The Public Works director or his/her designee is hereby appointed to administer and implement this ordinance by ranting or denying development permit applications in accordance with its provisions. 1. Duties of the administrator shall include, but not be limited to: A. Permit Review 1. Review all development permits to determine that the permit requirements of this ordinance have been satisfied. 2. Review all permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. 3. Review all permits to determine if the proposed development is located within a floodway. If proposed development is located within a floodway ensure that that section 14.09.190 is enforced. B. Use of Other Base Flood Data in (A and V Zones) 1. When base flood elevation data has not been provided (A and V Zones) in accordance with KCC 14.09.060, Basis for establishing the areas of special flood hazard the Public Works Director or his/her designee shall obtain, review and reasonably utilize any base flood elevation and floodwav data available from a Federal, state or other source to administer this Title. C. Information to be obtained and maintained 1. Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in section 14.09.220(1) (B) obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. 2. For all new or substantially improved floodproofed structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in 14.09.220 1 B : a. Obtain and record the elevation ( in relation to mean sea level) to which the structure was flood proofed: and b. Maintain flood proofing certifications required pursuant to KCC 14.09.150 (2) (b) 7 Revisions to Chapter I4.09— Flood Hazard Regulations c. Maintain for public inspection all records pertaining to the provisions of this ordinance. D. Alteration of Watercourses 1. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse submit evidence of such notification to the Federal Insurance Administration. 2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. E. Interpretations of FIRM boundaries. Make interpretations where needed as to exact location of boundaries of the areas of special flood hazards (for example where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the actual boundary shall be given reasonable opportunity to appeal the interpretation as provided for in KCC 14.09.230. 14.09 1 cn rn tied-te be obtained a maintained. i. Wher-e base flood elevation data is pr-avided thr-ough the flood insuf anee stiidy er-required as in KCC 14.09.140, obtain and r-eeord the aetual (as built) elevation (in r-elaiiefi to mean se level) of the loxest floor-, ineluding basement, of all new of substantially impfaved The depar4ment of publie works shall obtain and maintain the following infafmatiew. and whether-or-not the stpdetuf e eentains a basement. 2. For all new of substantially impr-oved floodproofed stfuetures, a. Ver-ify and r-eeer-d the aetual elevation (in r-elation to mean sea level); aPA 14.09.1 60 Alter-a*o of watefeoufses. Whenever- an altefation E)r- reloeation of any watefeourse is proposed, the department of publie —ter Notify adjacent owners, communities, and the State DepAment of EEotog-y-pfior- to any altefation or- r-eloeatien of a water-eour-se, and submit evidence of sueh notification to the federal 2. Require that maintenance-is-pr-ey4ded-within the altered or relocated portion of the water-ee r-se s that the flood ity; t diminished-. .....�vivv ul�., UV �i1tL� 111V VUll�lll�V-Ci„ 14.09.16-70 General standards. In all areas of special flood hazards, the following standards are required: 1. Anchoring. a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame 8 Revisions to Chapter 14.09— Flood Hazard Regulations ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" Guidebook for additional techniques). 2. Construction materials and methods. a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. c. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 3. Utilities. a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and c. Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. d. Proposed water wells shall be located on high ground that is not located within a special flood hazard area. 4. Subdivision proposals. a. All subdivision proposals shall be consistent with the need to minimize flood damage; b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty(50) lots or five (5) acres (whichever is less); and e. Subdivision approval should depict or state what portions of the development are within special flood hazard areas. 5. Review of building permits. Where elevation data is not available either through the flood insurance study or from another authoritative source, applications for building permits shall be reviewed by both the issuing department and department of public works to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and engineering practices and includes use of historical data, high-water marks, photographs of past flooding, etc., where available. Failure to elevate at least two (2) feet above grade in these zones may result in higher insurance rates. 14.09.1790 Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in KCC 14.09.060 or KCC 14.09.140, the following provisions are required: 1. Residential construction. 9 Revisions to Chapter 14.09— Flood Hazard Regulations a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one (1) foot or more above base flood elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (1) A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed areas subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one (1) foot above grade. (3) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 2. Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one (1) foot or more above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: a. Be floodproofed so that below one (1) foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in KCC 14.09.150(2). d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (1)(b) of this section. e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one (1) foot below the floodproofed level (e.g., a building floodproofed to one (1) foot above the base flood level will be rated as at the base flood level). 3. Critical facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base floodplain. Construction of new critical facilities shall be permissible within the base floodplain if no feasible alternative site is available. Critical facilities constructed within the base floodplain shall have the lowest floor elevated to three (3) feet or more above the level of the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base floodplain shall be provided to all critical facilities to the extent possible. 4. Manufactured homes. All manufactured homes to be placed or substantially improved within zones Al-30, AH, and AE on the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one (1) foot or more above the 10 Revisions to Chapter 14.09— Flood Hazard Regulations base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of KCC 14.09.170 (1)(b). 5. Recreational Vehicles. Recreational vehicles placed on sites are required to meet all applicable provisions of Kent City Code. If allowed by code, recreational vehicles are required to either: a. Be on-site for fewer than 180 days; b. Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or c. Meet the requirements of 14.09.180(1) above and the elevation and anchoring requirements for manufactured homes. 6. Drainage around structures. Adequate drainage paths are required around structures on slopes to guide waters around and away from proposed structures. 14.09.1890 Floodways. Within the floodway of the areas of special flood hazard, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. Construction or reconstruction of residential structures is prohibited within designated floodways, except for: repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty(50) percent of the market value of the structure either,before the repair, reconstruction, or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the fifty(50) percent determination. 3. If subsection (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of KCC 14.09.170. 14.09.200190 Wetlands management. To the extent possible adverse impacts to wetlands should be avoided as such: 1. Proposals for development within base floodplains shall be reviewed by both issuing departments and department of public works for their possible impacts on wetlands located within the floodplain. 2. Development activities in or around wetlands shall not negatively affect public safety, health, and welfare by disrupting the wetlands' ability to reduce flood and storm drainage. 3. Assistance from the United States Army Corps of Engineers or State Department of Ecology shall be sought in identifying wetland areas. 14.09.24-0200 Standards for shallow flooding areas (AO zones). 11 Revisions to Chapter 14.09— Flood Hazard Regulations Shallow flooding areas appear on FIRM's as AO zones with depth designations. The base flood depths in these zones range from one (1) to three (3) feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: 1. New construction and substantial improvements of residential structures within AO zones shall have the lowest floor(including basement) elevated above the highest grade adjacent to the building, one (1) foot or more above the depth number specified on the FIRM (at least two (2) feet if no depth number is specified). 2. New construction and substantial improvements or nonresidential structures within AO zones shall either: a. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one (1) foot or more above the depth number specified on the FIRM (at least two (2) feet if no depth number is specified); or b. Together with attendant utility and sanitary facilities, be completely flood- proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in KCC 14.09.180(2). 3. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. 14.09.21-20 Appeals. The decision of the department of public works to approve condition or disapprove a permit or license in a flood hazard area may be appealed to the land use hearing examiner. The requested permit or license shall not be issued by a city department during the appeal period. The following procedures apply to appeals for the decision of the department of public works to approve, condition or deny proposals within a flood hazard area: 1. Written notice of appeal shall be filed with the department of public works within ten (10) days from the date of the decision which aggrieves the appealing party. A fee of twenty- five dollars ($25) shall be paid at the time of filing the written appeal. The appeal will not be accepted unless accompanied by full payment. 2. All notices of appeal shall state in full the decision appealed and the reasons why the appealed decision should be reversed or modified. 3. All appeals so filed shall be heard by the hearing examiner and a determination by the examiner made within thirty(30) days from the closing date of the hearing. 4. At least seven (7) days before the appeal hearing, the department of public works will provide the hearing examiner, the appellant, and any other person expressing written interest in the application or appeal a copy of the decision which is being appealed. 5. In passing upon such applications, the hearing examiner shall consider all technical evaluations, all relevant factors and standards and the criteria specified in this chapter and applicable state regulations. 12 Revisions to Chapter 14.09— Flood Hazard Regulations 6. The hearing examiner shall prepare a written report and decision containing findings and conclusions which show how its decision implements the purposes of this chapter and is consistent with the criteria, standards, and limitations of this chapter. 7. The decision of the land use hearing examiner shall be final and conclusive unless, within fourteen (14) calendar days from the date of the hearing examiner's decision, an aggrieved party obtains a writ of certiorari from superior court for the purpose of review of the action taken. 14.09.220 Variances Variances shall be completed in accordance with those provisions identified in the City of Kent Critical Area Regulltions found in Kent City Code Title 11. SECTION 3. SECTION 4. — Savin s. The existing Chapter of the Kent City Code, which is repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION S. —Severability. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. — Effective Date. This ordinance shall take effect and be in force (thirty (30) days from and after passage) OR (five (5) days from and after passage and publication) as provided by law. JIM WHITE, MAYOR 13 Revisions to Chapter 14.09— Flood Hazard Regulations ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12003. APPROVED: day of , 2003. PUBLISHED: day of 52003. 1 hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\14.09Revisions.doc 14 Revisions to Chapter 14.09— Flood Hazard Regulations