HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 06/27/2016 (2)
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5454.
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue South
Kent, WA 98032-5895
PUBLIC HEARING AND WORKSHOP
AGENDA
LAND USE AND PLANNING BOARD
JUNE 27, 2016
7:00 P.M.
LUPB MEMBERS: Frank Cornelius, Chair; Katherine Jones, Vice Chair; Jack Ottini, Barbara
Phillips, Randall Smith
CITY STAFF: Charlene Anderson, AICP, Long Range Planning Manager; Jason Garnham,
Planner; Shawn Gilbertson, Environmental Engineering Supervisor; David Galazin, Assistant
City Attorney.
This is to notify you that the Land Use and Planning Board will hold a Public Hearing
followed by a Workshop on MONDAY, JUNE 27, 2016 at 7:00 p.m. These meetings
will be held in Kent City Hall, City Council Chambers, 220 Fourth Avenue S, Kent, WA. The
public is invited to attend and all interested persons will have an opportunity to speak at the
Hearing. Any person wishing to submit oral or written comments on the proposed
amendment may do so at the hearing or prior to the hearing by email to Charlene Anderson
at: canderson@kentwa.gov or Jason Garnham at: jgarnham@kentwa.gov. No public
testimony is taken at the Workshop, although the public is welcome to attend.
The agenda will include the following item(s):
1. Call to order
2. Roll call
3. Approval of the June 13, 2016 Minutes
4. Added Items
5. Communications
6. Notice of Upcoming Meetings
7. PUBLIC HEARING:
TREE PRESERVATION ORDINANCE [ZCA-2016-6] Jason Garnham
This is a public hearing to consider amendments to Title 5 of the Kent City Code to
modify the requirements for planting and retention of trees during residential
development.
8. WORKSHOP:
OUTDOOR STORAGE CODE AMENDMENT [ZCA-2016-8] Charlene Anderson
Discussion to consider a proposed amendment to Kent City Code (KCC) 15.02.315 to
clarify that outdoor storage and outside storage have the same meaning and code
application.
SANITARY SEWER (FOG) CODE AMENDMENT [ZCA-2016-7] Shawn Gilbertson
Discussion to consider proposed amendments to Kent City Code (KCC) Chapter 7.04
to update the sanitary sewer code and to provide clarification for when fats, oils, and
grease (FOG) control efforts are required.
LAND USE AND PLANNING BOARD
MINUTES
JUNE 13, 2016
1. Call to Order
Chair Cornelius called the meeting to order at 7:00 pm
2. Roll Call
• LUPB Members: Frank Cornelius Chair; Katherine Jones Vice Chair; Jack
Ottini, and Randall Smith were in attendance with Barbara Phillips
absent/excused.
• City Staff: Charlene Anderson, AICP, Long Range Planning Manager; Hayley
Bonsteel, Long Range Planner/GIS Coordinator; and David Galazin, Assistant
Civil Attorney were in attendance.
3. Approval of Minutes
Board Member Smith MOVED and Board Member Jones SECONDED a
Motion to Approve the Minutes of May 23, 2016. MOTION PASSED 4-0.
4. Added Items
None
5. Communications
None
6. Notice of Upcoming Meetings
None
7. Public Hearing
COMPLETE STREETS ORDINANCE [CPA-2016-4]
Bonsteel stated that complete streets are designed to operate safely and be
welcoming for all users regardless of age, ability or mode of transportation. Bonsteel
described the benefits of complete streets related to public health, congestion,
economic development. She also stated that passing a complete streets ordinance
would help the City when applying for grant funding.
The City has been moving towards a complete streets concept for many years and this
ordinance codifies what the City would like to do. The ordinance sets an expectation
that complete streets will be considered for all City roadway projects, plans, standards
and guidelines (such as stormwater plans and design guidelines) that could have
complete streets implications. The Transportation Master Plan update taking place
next year is one such opportunity to include complete streets in plan development.
The modified ordinance Bonsteel brought to the hearing clarifies issues related to ADA
accessibility (exempt from consideration) and what constitutes “small projects” (which
may be determined to be an exception to the provision of complete streets). Staff
also added a simple definition for historic structures to the modified ordinance.
Bonsteel submitted public comments for the record from Mel Roberts, Kent Bicycle
Advisory Board (KBAB) chair. She explained that the comments addressed the need
for performance metrics and agreed with the comments that there is nothing in the
ordinance related to how the City will measure success. Bonsteel explained that staff
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feels that performance metrics belong in the Transportation Master Plan, which assess
the entire transportation system.
Staff believes this ordinance fits into City Council’s strategic plan for safety and
connectivity.
Board Member Ottini MOVED and Board Member Smith SECONDED a Motion to
approve submittal of the public comments from Mel Roberts for the record.
MOTION PASSED 4-0.
Council member Jones questioned if there has been any further ideas for development
of the Par 3 golf course. Bonsteel explained that the complete streets ordinance is
City-wide and not particular to any specific part of the city. She questioned whether
Jones may be referring to the “Meet Me on Meeker Project” which Bonsteel clarified is
a separate project that could be furthered with some funding the City may be awarded
through a grant for complete streets. Bonsteel addressed additional questions related
to compliance with these new standards.
Concluding deliberations, Chair Cornelius opened the Public Hearing.
Mel Roberts, KBAB Chair, spoke about his concerns over performance measurements,
facility costs, connectivity issues and what the city has done to accommodate all users
over the course of the year. Roberts believes it would be beneficial to obtain counts of
bicyclists prior to implementing projects that create facilities and then an after count
to analyze the facilities’ benefits.
Jones asks Roberts if he is aware of any Cities that tax bicycle riders for the use of the
bicycle facilities. Roberts states that with the percentage of riders within the city, it
would not bring in enough revenue to make a difference.
Seeing that there were no further speakers, Chair Cornelius closed the Public Hearing
and called for a motion.
Board Member Smith MOVED and Board Member Ottini SECONDED a Motion
to recommend that the City Council approve proposed amendments to the
Kent City Code, related to Complete Streets, as presented by staff. Motion
Passed Unanimously 4-0.
Adjournment
Chair Cornelius adjourned the meeting at 7:27 p.m.
_____________________________________________
Charlene Anderson, AICP, Long Range Planning Manager,
LUPB Board Secretary
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ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue South
Kent, WA 98032-5895
June 20, 2016
TO: Chair Frank Cornelius and Land Use & Planning Board Members
FROM: Jason Garnham, Planner
RE: Tree Preservation Zoning Code Amendment [ZCA-2016-6]
For June 27, 2016 Public Hearing
MOTION: Recommend to the City Council approval/denial/modification of
the proposed code amendments to Title 15 of the Kent City Code (KCC)
including amendments to use tables and development conditions in KCC
15.04 as presented by staff.
SUMMARY: At the May 9, 2016 Land Use and Planning Board (LUPB) workshop,
planning staff presented a proposal to amend the requirements for the preservation
and planting of trees during development of residential neighborhoods. A credit
system requiring a minimum tree density per net acre is proposed to replace the
current requirements, which specify retention of a percentage of existing trees.
BUDGET IMPACT: None
BACKGROUND: Trees contribute to the quality of life of residents in urban areas
and improve the function of stormwater systems. While impacts to trees and other
vegetation in environmentally sensitive areas are limited by Critical Areas
regulations, in new single family and duplex neighborhoods, the current
requirements specifying retention of a percentage of existing trees have not yielded
the intended consistency and quality of results. Existing trees often grew in a
manner or location that makes them incompatible with development and prone to
removal by future residents. By permitting both retention of existing trees and
planting of new trees, and establishing a minimum trees-per-area requirement, the
proposed amendment will ensure consistent and context-appropriate provision of
trees in new neighborhoods. Trees that are more compatible with development are
more likely to survive to maturity and contribute to the value, ecological function,
and quality of the urban environment.
The proposed amendment limits application of the tree planting and retention
requirements to single-family residential and duplex types of development while
exempting other development types. Staff analyzed the relevance and potential
impact of the current and proposed tree requirements on commercial, industrial,
and multifamily developments and found that the currently applied landscaping and
design standards consistently achieve the intended results. Requiring additional
provision of trees and vegetation in these types of development will ultimately limit
design flexibility and site utility in locations where intensive land uses are
encouraged.
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RECOMMENDATION: Staff recommends approval of the attached amendments
and will be available at the June 27th public hearing for further discussion.
JG\pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2016\ZCA-2016-6 Tree Preservation\6-27-16 LUPB Hrg TreePreservation Memo.doc
Encl: Draft Ordinance, SEPA Checklist, Decision Document, and DNS
cc: Ben Wolters, Economic and Community Development Director
Charlene Anderson, AICP, Long Range Planning Manager
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1 Amend KCC Title 15
RE: Tree Preservation
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 15.02
Definitions and Chapter 15.08 of the Kent City
Code pertaining to preservation of trees.
RECITALS
A. Kent City Code 15.08.240 establishes the purpose of retention
of trees is to maintain and protect property values, to enhance the visual
appearance of the city, to preserve the natural wooded character of the
area, to promote utilization of natural systems, to reduce the impacts of
development on the storm drainage system, and to provide a transition
between various land uses in the city.
B. While trees and other vegetation serve vital ecological
functions when located in or near environmentally sensitive areas such as
wetlands and steep slopes, development impacts to trees and vegetation
within these areas are minimized and addressed by the regulations in Kent
City Code chapters 11.06 Critical Areas and 11.04 Shoreline Master
Program.
C. Trees and vegetation suited to development in multifamily,
commercial and industrial zoning districts are addressed in the landscaping
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2 Amend KCC Title 15
RE: Tree Preservation
requirements for perimeter and parking areas in Kent City Code chapters
15.05 and 15.07.
D. Policies LU-8.1 and LU-8.4 of the 2015 Comprehensive Plan
support achievement of allowable density in single family developments
and encourage infill development through flexible and innovative site
design. Goal LU-8 is to revise development regulations to encourage
development that is more flexible and innovative.
E. Policies LU-17.2 and LU-17.7 of the 2015 Comprehensive Plan
are to conserve energy resources, improve air and water quality, minimize
the loss of vegetation and recognize the value of trees as new
development occurs. These policies support Goal LU-17 of recognizing the
role of the natural environment in shaping a sustainable community by
contributing to health, environmental justice, and economic vitality.
F. Goal E-5 of the 2015 Economic Development Plan is to update
design standards of residential, commercial, and downtown development,
in support of the City’s vision to “Beautify Kent”.
G. By specifying retention of fifteen percent of the total diameter
inches of existing significant trees, the tree preservation requirements
adopted in 2007 have yielded inconsistent results and often not achieved
the goals as intended. Few to no trees are required to be retained or
planted in development of sites having little to no forest cover. On forested
sites, trees proposed to be retained often have grown in a location and
manner that adds little value to the developed site or the neighborhood.
Such trees subsequently risk damage from wind or disease, and are often
removed by City residents for reasons of safety, utility, and aesthetics.
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3 Amend KCC Title 15
RE: Tree Preservation
H. In the context of Comprehensive Plan and community goals
supporting increasing urbanization of residential areas, the value of trees
in contributing to the aesthetics, environmental quality, and function of
urban infrastructure systems is becoming increasingly important. Trees
planted or retained in a context-appropriate manner will add perceived and
functional value and be retained accordingly. Such trees will be more likely
to survive to maturity and thus provide benefits to property values,
neighborhood aesthetics, air and water quality, stormwater systems, and
wildlife.
I. On February 9, 2015, staff received direction from the
Economic and Community Development Committee to explore alternatives
to the City’s existing tree retention standards.
J. On April 13, 2015, staff presented options for updating the
requirements for tree preservation at a Land Use and Planning Board
(“LUPB”) workshop meeting. Substituting the standards adopted in 2007
with a tree credit system based on net project acreage was selected from
several alternatives.
K. On May 9, 2016, staff presented a draft code amendment to
replace the previous requirements for tree retention with a tree credit
system, requiring a certain number of tree diameter credits per net acre of
development, to the LUPB at a workshop meeting.
L. On May 5, 2016, the City requested expedited review under
RCW 36.70A.106 from the Washington State Department of Commerce
regarding the proposed code amendment. The Washington State
Department of Commerce granted the request for expedited review on May
23, 2016.
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4 Amend KCC Title 15
RE: Tree Preservation
M. The City’s State Environmental Policy Act (SEPA) Responsible
Official conducted an environmental analysis of the impacts of the
proposed amendment and issued a Determination of Nonsignificance on
June 17, 2016.
N. On June 27, 2016, after holding a public hearing, the LUPB
made their recommendation to the City Council on the proposed code
amendments.
O. On July 11, 2016, the Economic and Community Development
Committee considered the recommendations of the LUPB at its regularly
scheduled meeting, and recommended to the full City Council adoption of
the proposed code amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 15.08.240 of the Kent City
Code, entitled “Preservation of trees,” is hereby amended as follows:
Sec. 15.08.240 Preservation of trees.
A. Purpose. Trees have a significant role in contributing to the quality
of life in urban environments. The planting or rRetention of significant
trees as required by this section is necessary to maintain and protect
property values, to enhance the visual appearance of the city, to preserve
the natural wooded character of the area, to promote utilization of natural
systems, to reduce the impacts of development on the storm drainage
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5 Amend KCC Title 15
RE: Tree Preservation
system, to improve air quality, to provide habitat for wildlife, and to
provide a transition between various land uses in the city.
B. Regulations. Application of regulations for the preservation of
significant trees is as follows:General restrictions for all districts.
1. On all undeveloped property in the city, all trees of a six (6)
inch caliper diameter or greater shall be retained on the property where
they are growing.
2. Where it is not feasible to retain all trees on the site due to
the proposed development, a site specific tree plan, drawn to scale, shall
be prepared. The tree plan shall indicate the species of tree and precise
location of all trees of a six (6) inch caliper or greater on the site in
relation to proposed buildings, streets, parking areas, storm drainage
facilities, and utilities. Trees to be retained pursuant to this section shall be
marked by encircling the tree with a stripe of nontoxic paint of a color and
type sufficient to remain visible during onsite construction activity. Trees to
be retained shall be protected during construction, and the dripline shall be
delineated with boundary markers. No grade changes or storage of
materials shall be allowed within the tree dripline. Drainage patterns shall
not be significantly altered that may be detrimental to the subject trees.
3. The tree plan and photograph of the trees on the property
shall be submitted to the city planning services division for its review prior
to the issuance of a zoning or building permit.
4. The planning services division shall review the tree plan in
relation to the proposed development and make a determination of which
trees will be permitted to be removed.
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6 Amend KCC Title 15
RE: Tree Preservation
5. The planning services division may cause a modification of the
development plan to ensure the retention of the maximum number of
trees. Should the applicant elect to alter the development plan in order to
preserve special trees or wooded areas in a natural state, the planning
manager may waive specific requirements to allow for flexibility and
innovation of design.
26. There shall be no clear-cutting of trees of a six (6) inch
diameter or greater on undeveloped land for the purpose of preparing that
site for future development.
C. Applicability.
1. The requirements of this section shall be imposed in
conjunction with approval ofapply to new single family or duplex
development that is not subject to a previously approved tree plan, as well
as to subdivisions, , short subdivisions, and planned unit developments.
development of undeveloped land, and/or when a change in the area
devoted to parking and circulation is required by the Kent City Code.
However, this section does not apply to a permit for a single-family
dwelling, unless restrictions on the removal of significant trees on
individual single-family lots have been imposed through prior city approval.
2. Multifamily, commercial, institutional, or industrial
developments are exempt from the requirements of this section.
D. Required Review. The city planning services division shall review the
proposed removal of significant trees with each application within the
applicability of this section.Tree Density Credit requirements.
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7 Amend KCC Title 15
RE: Tree Preservation
1. Provision of trees required for new development is measured
in tree density credits. Development proposals shall provide a minimum of
20 tree density credits per net acre. Tree density credits may be achieved
by preservation existing trees, planting of supplemental trees, or a
combination of these. The density credit value of existing and
supplemental trees is shown in table A. A tree density calculation that
results in a fraction shall be rounded to the nearest whole number.
a. Net area calculation. The net area to be used for tree
density calculation shall include all residential building lots, recreation
space, and open space tracts or easements not designated as critical
areas. Public right-of-way, areas of a project site required to be dedicated
as public right-of-way, critical areas and associated buffers, stormwater
tracts, perimeter landscaping areas required by City code, and vehicular
access or utility tracts shall be excluded from the area used for tree
density calculation.
b. Tree credit value. The tree credit value that
corresponds with DBH is found in Table A.
i. Existing Individual Trees. Trees proposed for
retention shall be at least six inches in diameter at breast height. Diameter
Breast Height (DBH) of the tree shall be measured in inches 4.5 feet from
the ground.
ii. For the purpose of fulfilling the required tree
density, the diameter inches of alder and cottonwood trees proposed for
retention shall be discounted by a factor of one-half in the tree density
calculation.
iii. Supplemental trees. Where the existing trees to
be retained do not satisfy the tree density requirement, supplemental trees
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8 Amend KCC Title 15
RE: Tree Preservation
shall be planted to achieve the required tree density. Credit value for
supplemental trees is shown in Table A.
iv. Supplemental trees shall be of a type and variety
that is compatible with development in the Pacific Northwest, such as
those included on the City’s approved street tree list.
v. Street trees required by Public Works standards
shall be counted to fulfill the tree density credit requirement.
vi. Supplemental trees shall be planted in the
following locations, in order of priority:
(1) On individual residential building lots.
(2) In private access tracts, as approved by
the Public Works Department.
(3) In on-site recreation areas as approved by
the Parks Department.
vii. Trees required around stormwater ponds and in
site perimeter tracts shall not be counted as supplemental trees for the
purpose of achieving the required tree density credits.
Table A: Tree Density Credits
DBH Tree
Credits
DBH Tree
Credits
DBH Tree
Credits
*2.0 – 5" 1
6 – 10" 1 24" 8 38" 15
12" 2 26" 9 40" 16
14" 3 28" 10 42" 17
16" 4 30" 11 44" 18
18" 5 32" 12 46" 19
20" 6 34" 13 48" 20
22" 7 36" 14 50" 21
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9 Amend KCC Title 15
RE: Tree Preservation
*Applies to supplemental trees only. Supplemental or replacement
deciduous trees shall be at least two inches DBH at the time of planting.
An evergreen tree shall be at least six feet in height at the time of
planting. See, Kent City Code 15.08.240 (G)(3).
E. Retention of significant treesTree plan. The applicant for a
development permit shall submit and receive City approval of a tree plan
prior to permit issuance, unless waived by the planning director in
accordance with the criteria set forth in subsection (H) of this section. The
tree plan shall contain the following elements:
1. Tree inventory containing the following:
a. Size (DBH) and common genus name of trees proposed
for retention,
b. Formalized finding by a licensed arborist stating that all
trees proposed for retention are healthy and growing in a condition and
manner that is compatible with the proposed development, and
c. Site plan drawn to a verifiable engineering scale
depicting the following:
i. Accurate location of trees proposed for retention
in relationship to proposed buildings, streets, parking areas, storm
drainage facilities, and utilities (surveyed locations may be required),
ii. Limits of disturbance (LOD) around retained
trees, as recommended by a licensed arborist to ensure the health of the
trees during and after construction,
iii. Location, common genus name, and size of
proposed supplemental trees, and
iv. Location of tree protection measures to be
maintained in proximity to retained trees, as recommended by a licensed
arborist per 1.c.ii of this section.
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10 Amend KCC Title 15
RE: Tree Preservation
1. Perimeter landscaping area. In the required perimeter
landscaping areas, as set forth in Ch. 15.07 KCC, the applicant shall retain
all significant trees which will not constitute a safety hazard. Areas devoted
to access and sight distance, and areas to be cleared for required roads,
utilities, sidewalks, trails, or storm drainage improvements are exempt
from this requirement.
2. Site interior.
a. In areas of the site other than the required perimeter
landscape area, the applicant shall retain a minimum fifteen (15) percent
of the diameter inches of the significant trees existing in this area;
provided, that alder and cottonwood trees diameter inches shall be
discounted by a factor of one-half (1/2). In applying the requirement for
retention of significant trees, the planning manager shall consider a
priority the preservation of the following types of significant trees:
(1) Healthy significant trees over sixty (60) feet in
height;
(2) Significant trees which form a continuous canopy;
(3) Significant trees which contribute to the character
of the environment, and do not constitute a safety hazard;
(4) Significant trees which provide winter wind
protection or summer shade;
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11 Amend KCC Title 15
RE: Tree Preservation
(5) Groups of significant trees which create a distinctive
skyline feature; and
(6) Significant trees in areas of steep slopes or
adjacent to watercourses or wetlands.
b. The planning manager may approve retention of trees
which do not meet the definition of significant trees as a contribution
toward the sum of the diameter inches required under subsection (E)(2)(a)
of this section if a group of trees and its associated undergrowth can be
preserved.
3. Exemption. The provisions of this subsection which require
retention of significant trees are not applicable in any downtown land use
district.
4. Reduced parking bonus. If the proposed landscape plan
incorporates the retention of significant trees above that required by this
section, the planning manager may approve a reduction of up to ten (10)
percent of the required number of parking spaces if adequate parking will
remain on the subject property, and if land area for the required number
of spaces remains available for future development on the subject
property.
F. Protection of trees during construction. Temporary fencing shall be
placed around the tree and its LOD prior to site development work, and no
construction activities may be carried out within the protected area except
as allowed by permit with the recommendation of a licensed arborist.
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12 Amend KCC Title 15
RE: Tree Preservation
G. Required Review. The city planning services division shall review the
tree plan with each application within the applicability of this section.
HF. Alternative tree retention option.
1. An applicant may request a modification of the tree retention
requirements set forth in subsection (E) of this section.
2. The planning manager director may approve a modification of the
perimeter or interior tree retention requirements if:
1a. The modification is consistent with the stated purpose
of this section; and
2b. The modification proposal either:
(1) Incorporates the retention of significant trees
equal in equivalent diameter inches or incorporates the increased
retention of significant trees and naturally occurring undergrowth
beyond what would otherwise be required, or
(2) iIncorporates the retention of other natural
vegetation in consolidated locations which promotes the quality and
natural vegetated character of the site and neighborhood. including
use as pasture land or for agricultural uses.
3. Where a modification proposal includes supplemental or
replacement trees in lieu of retention, the applicant shall utilize plant
materials from the city’s list of plants for the Pacific Northwest.
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13 Amend KCC Title 15
RE: Tree Preservation
IG. Replacement of removed or damaged trees. Trees removed illegally
from undeveloped land or trees designated for retention which are
damaged or destroyed shall be replaced as follows:
1. One (1) existing tree at a six (6) inch diameter shall be
replaced by two (2) new trees.
2. For each additional three (3) inches of diameter, one (1) new
replacement tree shall be added, up to a maximum of six (6) trees.
3. Replacement deciduous trees shall be at least two (2) inches
in diameter at the time of planting. An evergreen shall be at least six (6)
to eight (8) feet in height.
SECTION 2. - Amendment. Section 15.02.333 of the Kent City
Code, entitled “Planning director,” is hereby amended as follows:
Sec. 15.02.333 Planning director. Planning director means the
director of the city of Kent planning economic and community development
department or his/her authorized designee.
SECTION 3. - Amendment. Section 15.02.529 of the Kent City
Code, entitled “Tree,” is hereby amended as follows:
Sec. 15.02.529 Tree. Tree means any living woody plant
characterized by one (1) main stem or trunk and many branches, and
having a diameter of six (6) inches or more measured at four and one-
halfthree (3) feet above ground level.
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14 Amend KCC Title 15
RE: Tree Preservation
SECTION 4. – Severability. If any one or more section, subsection,
or sentence of this ordinance is 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 5. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 6. – Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
___________________, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
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15 Amend KCC Title 15
RE: Tree Preservation
PASSED: day of , 2016.
APPROVED: day of , 2016.
PUBLISHED: day of , 2016.
I 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)
___________________, CITY CLERK
P:\Civil\Ordinance\15.08 & 15.02-Tree Preservation.docx
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ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
June 20, 2016
TO: Chair Frank Cornelius and Land Use & Planning Board Members
FROM: Charlene Anderson, AICP, Long Range Planning Manager
RE: Outdoor Storage Code Amendment [ZCA-2016-8]
For June 27, 2016 Workshop
SUMMARY: On October 20, 2015, the City Council approved the Annual Docket
Report, which placed in the 2016 work program for Planning Services a request to
coordinate definitions of outdoor and outside storage. The proposed code
amendment will clarify that outdoor storage and outside storage have the same
meaning and code applications.
BACKGROUND: In practice, Planning staff administers the code requirements
pertaining to outdoor storage and outside storage in an identical manner. However,
the Zoning Code only contains a definition of outside storage. To provide clarity,
this code amendment changes the header of the definition to reflect that outdoor
storage and outside storage are the same, as follows:
15.02.315 Outdoor or Outside Storage.
Outdoor or Outside Storage means all or part of a lot which is used for the keeping
of materials or products in an open, uncovered yard or in an unwalled building.
Such materials shall not be for general public consumption or viewing. Such
materials shall include tractors, backhoes, heavy equipment, construction
materials, and other similar items which detract from the appearance of the zone in
which they are located.
CA:pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2016\ZCA-2016-8 Outdoor Storage\062716_LUPB_Workshop_memo Outdoor Storage.doc
Encl: Draft Ordinance
CC: Ben Wolters, Economic & Community Development Director
Matt Gilbert, AICP, Current Planning Manager
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1 Amend KCC 15.02.315 -
Re: Outdoor or Outside Storage
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending section
15.02.315 of the Kent City Code, entitled “Outside
storage,” to include the term “Outdoor or” to
provide clarity that outdoor storage and outside
storage have the same meaning.
RECITALS
A. Zoning districts throughout the City have varying purposes
and characteristics with allowable uses and development standards
established to achieve the desired characteristics.
B. Without appropriate development standards, storage of
equipment, materials or products in an open, uncovered yard or unwalled
building may negatively impact the appearance and value of properties in
the area where the storage is located.
C. The terms outside storage and outdoor storage are used
interchangeably in application of the zoning code provisions. However,
there is a definition only for outside storage and staff desires to clarify the
terms.
D. At the June 27, 2016 workshop meeting, the Land Use and
Planning Board (“LUPB”) authorized staff to move forward with a code
amendment clarifying the terms outside and outdoor storage.
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2 Amend KCC 15.02.315 -
Re: Outdoor or Outside Storage
E. The City determined that due to the administrative or
procedural nature of this amendment, neither notification to the State nor
State Environmental Policy Act review is required.
F. After holding a public hearing on July 25, 2016, the LUPB
recommended approval of the ordinance amending Chapter 15.02 of Kent
City Code. The Economic and Community Development Committee, at its
regularly-scheduled meeting on August 8, 2016, moved to accept the LUPB
recommendation and forward the matter for consideration by the full City
Council.
G. The City Council, at its regularly-scheduled meeting on August
16, 2016, adopted the ordinance as presented by staff.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 15.02.315 of the Kent City
Code, entitled “Outdoor storage,” is hereby amended as follows:
Sec. 15.02.315 Outdoor or Outside storage.
Outdoor or Outside storage means all or part of a lot which is used for the
keeping of materials or products in an open, uncovered yard or in an
unwalled building. Such materials shall not be for general public
consumption or viewing. Such materials shall include tractors, backhoes,
heavy equipment, construction materials, and other similar items which
detract from the appearance of the zone in which they are located.
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3 Amend KCC 15.02.315 -
Re: Outdoor or Outside Storage
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is 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 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
SUE HANSON, INTERIM CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
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4 Amend KCC 15.02.315 -
Re: Outdoor or Outside Storage
PASSED: day of , 2016.
APPROVED: day of , 2016.
PUBLISHED: day of , 2016.
I 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)
SUE HANSON, INTERIM CITY CLERK
P:\Civil\Ordinance\15.02.315 Outdoor Storage.docx
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June 20, 2016
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue South
Kent, WA 98032-5895
TO: Chair Frank Cornelius and Land Use and Planning Board Members
FROM: Shawn Gilbertson, Environmental Supervisor (Public Works)
RE: Sanitary Sewer (FOG) Amend KCC Chapter 7.04 – [ZCA-2016-7]
For June 27, 2016 Workshop
SUMMARY: The City of Kent owns and operates a sanitary sewer system that collects
and conveys all domestic and commercial wastewater and sewage for discharge to the
King County Metro sewage treatment system. The current sanitary sewer code section
is 25 years old and in need of an update to keep pace with state law and technological
advances as well as to provide for a well-defined and consistent enforcement
mechanism. Staff seeks Board authorization to repeal the current sanitary sewer code
chapter and replace it with an updated chapter.
BACKGROUND: Kent’s sanitary sewer code is important for the safe and effective
operation of the sanitary sewer utility. The code defines when sanitary sewer
connections are required, what type of components and materials are required,
prohibited discharges, rate structure, and mechanisms for enforcement of the code.
It is critically important to prohibit the discharge of fats, oils, and grease (“FOG”) into
the city’s sanitary sewer system. Otherwise, FOG can accumulate in the conveyance
lines and cause blockages and sewer backups, which can lead to property damage and
unsanitary conditions. Kent’s current sanitary sewer code is not as clear as it could be
regarding when FOG control is required and what types of devices are required. The
new code clearly defines what types of businesses require FOG control and further
defines the minimum level of control necessary.
Furthermore, this ordinance creates additional enforcement provisions that allow for
more flexibility to tailor penalties to the particular circumstances of the violation.
These new enforcement provisions allow the City to recover its costs incurred in
responding to violations, make it a violation not to reimburse the City for these costs,
and create criminal penalties for negligent or knowing violations of the City’s sewer
code. Though the City’s first approach is to educate business operators and work with
them to achieve compliance, sometimes a sound code enforcement strategy is
necessary.
Finally, this ordinance proposes many other minor edits of the sanitary sewer code to
account for technological advances in sewage pretreatment and to be consistent with
state and federal sewer and stormwater regulations. New and improved definitions are
among these proposed edits.
CA:pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2016\ZCA-2016-7 Sanitary Sewer FOG\6-27-16 LUPB Wkshp SaniSewer Memo KCC 7_04.doc
Encl .: Draft Ordinance; Summary of proposed code changes
cc: Ben Wolters, Economic & Community Development Director
Timothy J. LaPorte, PE, Public Works Direct or
Charlene Anderson, AICP, Long Range Planning Manager
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S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2016\ZCA-2016-7 Sanitary Sewer FOG\City of Kent Summary of Changes to KCC 7_04 Sanitary Sewers May 31 2016.docx
Summary of Proposed Changes to Kent City Code Chapter 7.04 Sanitary Sewers June 3, 2016
Chapter definitions have been updated. Definitions have been added or edited for consistency with the
Uniform Plumbing Code, National Pollutant Discharge Elimination System permits, and to reflect changes in
technology since the last update of this code section. As well, definitions were added for clarity based on input
from Kent Law Department. For example, “grease interceptor” is now defined because it is an important part of
this code and was previously not defined.
More clearly defines when fats, oils, and grease (FOG) removal devices are required. To be consistent with the
Uniform Plumbing Code, this new code more clearly describes when grease traps, grease interceptors, and
oil/water separators must be installed to protect the city’s sanitary sewer system from the impacts of FOG
accumulation. For instance, section 7.04.220.D of the current version of this code states, “Grease, oil and sand
interceptors shall be provided when in the opinion of the director, they are necessary for…” The proposed new
code requires that FOG removal devices are installed based on risk of FOG discharges based on type of business
and amount of discharge.
Maintenance requirements and schedules are more clearly defined. New code specifically states when
maintenance of FOG control devices is necessary. For example, the current maintenance requirement in
7.04.220.H states, “Where preliminary treatment facilities are provided for any waters or wastes, they shall be
maintained continuously in satisfactory and effective operation by the owner at his expense.” The proposed new
code states, “At a minimum, the Grease Interceptor must be cleaned when: (i) the volume of FOG and settled
sludge and solids constitute 25 percent of the effective liquid volume…” This maintenance standard is more
specific and creates consistency with the industry standard.
Enforcement provisions are enhanced. This ordinance creates additional enforcement provisions that allow for
more flexibility to tailor the penalty to the particular circumstances of the violation. These new enforcement
provisions allow the City to recover its costs incurred in responding to violations, make it a violation not to
reimburse the City for these costs, and create criminal penalties for negligent or knowing violations of the City’s
sewer code. Previously, there were only civil penalties allowed even if a violation was egregious.
Potential impacts to businesses in Kent. All FOG-producing businesses will be required to install a level of FOG-
control commensurate with the amount discharged. The city will work with businesses to assist in evaluating the
need for FOG control and the code will allow as much as six months to install the needed devices. Cleaning and
other maintenance of these devises will be required based on need. Though professional cleaning companies
will be preferred for cleaning and maintenance, the code will allow some flexibility in this area, based on risk of
operation and capability of operators to conduct required cleaning and maintenance.
Potential benefits to businesses in Kent. This proposed code would create a level playing field for FOG
producing businesses in Kent. This proposed code will help create an environment where all FOG-producing
businesses are protecting the city sewer system as well as their own systems. This will minimize the potential for
sewer blockages and backups which can affect city and private sewer lines and property; therefore reducing
potential liability for damage caused by backups.
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ORDINANCE NO.
AN ORDINANCE of the City Council of the city
of Kent, Washington, repealing and readopting
Chapter 7.04 of the Kent City Code, entitled
“Sanitary Sewers” to establish and enhance
regulatory procedures, including the installation of
removal devices and the implementation of best
management practices to remove fats, oils, and
grease from wastewater, and to create additional
enforcement provisions allowing for more flexibility.
RECITALS
A. The city of Kent (“City”) has codified its regulations concerning
its sanitary sewer system in Chapter 7.04 of the Kent City Code (“KCC”). It
has been at least 20 years since many of these regulations have been
updated. Many of the regulations are outdated and do not adequately
address current needs.
B. This ordinance seeks to establish and enhance regulatory
procedures that will allow the City’s Sanitary Sewer System to operate
efficiently and aid in the City’s compliance with state and federal law,
including the National Pollutant Discharge Elimination System. Some of these
procedures include requiring that all existing and new facilities within the City
that generate and discharge fats, oils, and grease (“FOG”) into wastewater
install, operate, and maintain devices whose functions are to remove this
FOG before it is discharged into the City’s Sanitary Sewer System. These
removal devices are necessary to protect the health, safety, and welfare of
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the public from sewer overflows due to obstructions caused by FOG and other
prohibited materials from being discharged into the Sanitary Sewer System.
C. In addition, this ordinance creates additional enforcement
provisions that allow for more flexibility to tailor the penalty to the particular
circumstances of the violation. These new enforcement provisions allow the
City to recover its costs incurred in responding to violations, make it a
violation not to reimburse the City for these costs, and create criminal
penalties for negligent or knowing violations of the City’s sewer code.
D. The State Environmental Policy Act (SEPA) responsible official
has determined that the proposed Kent City Code amendments are
procedural in nature, and further SEPA analysis is not required for these local
code amendments. A draft version of this ordinance was submitted to the
Washington State Department of Commerce for expedited review on June
______, 2016. The ordinance was considered by the City Land Use and
Planning Board after a duly noticed public hearing on June ____, 2016. This
ordinance was also considered by the Economic and Community Development
Committee on July ___, 2016, which recommended Council adopt this
ordinance. Council has considered this ordinance, together with all public
comment, and has determined that adoption is appropriate.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Repealer – Chapter 7.04 KCC. Chapter 7.04 of the Kent
City Code, entitled “Sanitary Sewer,” is repealed in its entirety.
SECTION 2. – Adoption – Chapter 7.04 KCC. Title 7 of the Kent City
Code, entitled “Utilities,” is amended to adopt a new Chapter 7.04, entitled
“Sanitary Sewers,” as follows:
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Chapter 7.04
SANITARY SEWERS
Sec. 7.04.010. Purpose. This chapter shall be deemed an exercise
of the police power of the city; is deemed expedient to maintain the peace,
good government, and welfare of the city and its trade, commerce, and
manufactures, and to ensure greater protection to life and health; and all of
its provisions shall be liberally construed for the accomplishment of such
purposes.
Sec. 7.04.020. Definitions. 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:
A. Best Management Practices or BMP means schedules of activities,
prohibitions of practices, general good housekeeping practices, pollution
prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants
directly or indirectly to the stormwater system or Waters of the State. BMPs
also include treatment practices, structural methods, and operating
procedures and practices to control site runoff, spillage or leaks, sludge or
water disposal, or drainage from raw materials storage. BMPs are determined
by reference to standard industry practice or applicable state, county, and
local government design and pollution prevention manuals.
B. Building Department means the Building Services Division of the City’s
Department of Economic and Community Development.
C. Building Sewer means that part of the lowest horizontal piping of a
sewer drainage system that receives the discharge of soils, wastes, and other
drainage pipes inside the walls of a building and carries that waste from the
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building’s outside wall to the Public Sanitary Sewer or to an On-site Sewage
System.
D. Clarifier means an Oil/Water Separator as that term is defined in this
section.
E. Day or days means calendar days unless expressly stated otherwise in
a given section or subsection. In addition, any portion of a 24-hour day shall
constitute one full calendar day.
F. Director means the city of Kent public works director, or his or her
designee.
G. Fats, Oils, and Grease or FOG means organic compounds derived from
animal and/or plant sources that are used in, or are a byproduct of, the
cooking or food preparation process, and that turns or may turn viscous or
solidify with a change in temperature or other conditions.
H. Fats, Oils, and Grease (FOG) Generating Facility means any Food
Processing Establishment, Food Service Establishment, Oil Generating
Facility, and any other facility that discharges either Polar FOG or Non-Polar
FOG into the Public Sanitary Sewer.
I. Fats, Oils, and Grease (FOG) Removal Device means any Gravity
Grease Interceptor, Hydromechanical Grease Interceptor, or Oil/Water
Separator that is designed to separate and retain either Polar FOG or Non-
Polar FOG from liquid waste prior to the Wastewater entering the Public
Sanitary Sewer.
J. Food Processing Establishment means a commercial establishment in
which food or drink is manufactured, processed, or packaged.
K. Food Service Establishment means an establishment primarily engaged
in the activity of preparing, serving, or otherwise making available food or
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drink for consumption by the public, including without limitation: a
restaurant; bakery; butcher; tavern; coffee shop; food truck or vending
vehicle; ice cream, smoothie, or yogurt shop; commercial kitchen; caterer;
hotel; school; hospital; prison or correctional facility; and care institution.
L. Gravity Grease Interceptor means a structure or device designed to
separate and retain Polar FOG from Wastewater prior to the Wastewater
exiting the Grease Interceptor and entering the Public Sanitary Sewer. These
devices are often below-ground units in outside areas and are built as two or
three chamber baffled tanks.
M. Grease Interceptor means a Gravity Grease Interceptor as that term is
defined in this section.
N. Grease Trap means a Hydromechanical Grease Interceptor as that term
is defined in this section.
O. Hydromechanical Grease Interceptor means a device designed to
separate and retain Polar FOG from Wastewater prior to the Wastewater
exiting the device and entering the Public Sanitary Sewer and is identified by
flow rate, separation, and retention efficiency. For purposes of this chapter,
this term also includes a “FOG Disposal System” or an “Alternative
Engineered Design” as may be provided for by the Uniform Plumbing Code,
adopted by reference through KCC 14.01.010.
P. Industrial Process means procedures involving chemical, physical,
electrical, or mechanical steps to aid in the manufacturing, processing, or
packaging of products.
Q. Industrial Wastes means the liquid wastes generated from
manufacturing operations, food processing, or other industrial processes.
R. Interceptor means a Gravity Grease Interceptor or a Grease
Interceptor as those terms are defined in this section.
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S. Non-Polar FOG means mineral- or petroleum-based oils and grease.
T. Oil Generating Facility means any facility that generates Wastewater
containing Non-Polar FOG from the use of mineral or petroleum oil and
grease products and discharges oily or sediment-laden Wastewater to the
Public Sanitary Sewer, including without limitation: quick-lube stations,
transportation fueling facilities, vehicle/heavy equipment repair, businesses
using steam or pressure washers, and commercial car wash facilities.
U. Oil/Water Separator means a large-capacity vault, either a baffle-type
or coalescing plate-type separator, that is designed to separate and retain
sediments; oils; deleterious, hazardous, or undesirable matter; and floating
Non-Polar FOG from Wastewater before it is discharged into a Public Sanitary
Sewer.
V. On-site Sewage System is as defined by King County in King County
Code § 13.08.280, as currently enacted or hereafter amended or recodified.
The definition of On-site Sewage System effective at the time this ordinance
was adopted is:
An integrated system of components, located on or nearby the
property it serves, that conveys, stores, treats or provides
subsurface soil treatment and dispersal of sewage. It consists of
a collection system, a treatment component or treatment
sequence, and a soil dispersal component. An on-site sewage
system also refers to a holding tank sewage system or other
system that does not have a soil dispersal component.
W. Person means any individual, firm, business, association, partnership,
corporation, or other legal entity, public or private, however organized.
Because “person” shall include both human and nonhuman entities, any of
the following pronouns may be used to describe a person: he, she, or it.
X. Person Responsible for the Violation means any of the following: a
person who has titled ownership or legal control of the Premises that is
subject to the regulation; an occupant or other person in control of the
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Premises that is subject to the regulation; a developer, builder, business
operator, or owner who is developing, building, or operating a business on
the Premises that is subject to the regulation; or any person who created,
caused, or has allowed the violation to occur on the Premises.
Y. pH means a measure of the acidity or alkalinity of a solution,
expressed in standard units.
Z. Polar FOG means animal or vegetable-based fats, oils, and grease.
AA. Premises means any real property, together with any house, building,
or other structure located upon such real property.
BB. Public Sanitary Sewer means a Sewer owned and operated by a
governmental body or public utility in which all owners of abutting properties
have equal rights of access in accordance with the provisions of this chapter,
and which conveys Wastewater through the Sanitary Sewer System.
CC. Sanitary Sewage means domestic and commercial Wastewater
including flushed toilet water, water from dishwashers, clothes washing
machines, and any other used water that generally is disposed of down
interior household drains.
DD. Sanitary Sewer System means a conveyance, or system of
conveyances, that is designed to convey domestic and commercial
Wastewater away from Premises through a Public Sanitary Sewer to a
collection location for treatment by a governmental body or public utility.
EE. Septic Tank means a watertight pretreatment receptacle receiving the
discharge of sewage from a Building Sewer or Sewers, designed and
constructed to permit separation of settleable and floating solids from the
liquid, and detention and anaerobic digestion of the organic matter prior to
discharge of the liquid.
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FF. Sewage Disposal System means a system for disposing of Sanitary
Sewage either by connection to a Public Sanitary Sewer, or connection to an
Onsite Sewage System that is authorized by the department of Public
Health—Seattle and King County, in accordance with this chapter.
GG. Sewage Treatment Plant means any arrangement of devices and
structures used for treating Sanitary Sewage.
HH. Sewage Works means all facilities for collecting, pumping, treating, and
disposing of Sanitary Sewage.
II. Sewer means a pipe or conduit for carrying Sanitary Sewage.
JJ. Sewer Outfall means a sewer that receives Sanitary Sewage and
carries it, after treatment, to a discharge point into a body of water.
KK. Side Sewer means a gravity flow pipe connecting the Building Sewer to
the Public Sanitary.
LL. Side Stub means the extension from the Public Sanitary Sewer to the
Premises’ property line to which the Building Sewer connects to the Public
Sanitary Sewer.
MM. Stormwater System means facilities through which stormwater is
collected, conveyed, or treated, including without limitation: inlets,
conveyance pipes, pumping facilities, retention and detention basins,
bioinfiltration facilities, drainage channels, and other drainage structures.
NN. Suspended solids means solids that either float on the surface of, or
are in suspension in, water, Sanitary Sewage, or other liquids and that are
removable by laboratory filtering.
OO. Uniform Plumbing Code means the code that governs the requirements
for the installation, alteration, removal, replacement, repair, or construction
of all plumbing within the state of Washington, and that edition which has
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been adopted by KCC 14.01.010(E), as currently enacted or hereafter
amended, for application and enforcement in the city of Kent.
PP. Wastehauler means any person licensed to collect, pump, transport
and/or dispose of Wastewater, Polar FOG, or Non-Polar FOG, and who (i)
holds any valid state license as may be required by Chapter 18.27 RCW, and
(ii) holds a valid business license issued by the city of Kent.
QQ. Wastewater means liquid and water-carried Industrial Wastes and
Sanitary Sewage from residential dwellings, commercial buildings, industrial
and manufacturing facilities, institutions or any other Premises, whether
treated or untreated, which are contributed or conveyed through the Public
Sanitary Sewer.
RR. Watercourse means a channel in which a flow of water occurs either
continuously or intermittently.
SS. Waters of the State means those waters as defined as “waters of the
United States” in 40 CFR 122.2, within the geographic boundaries of the state
of Washington, and those “waters of the state” as defined in Chapter 90.48
RCW, which includes lakes, rivers, ponds, streams, inland waters,
groundwater, salt waters, and all other surface waters and watercourses
within the jurisdiction of the state of Washington.
Unless the context clearly demonstrates the contrary, “shall” is mandatory
and “may” is permissive, when used in this chapter.
Sec. 7.04.030. Powers and authority of the director, inspectors,
and assistants—Discretion of the director.
A. Access to facilities. The director and other duly authorized employees
of the city, bearing proper credentials and identification, shall be permitted to
enter upon all Premises for the purposes of inspection, observation,
measurements, sampling, and testing in accordance with the provisions of
this chapter. No consent, warrant, or court order is required to enter those
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areas open to the public generally or to which no reasonable expectation of
privacy exists.
B. Director discretion. In applying, interpreting, and enforcing this
chapter, the director has the authority to impose additional conditions, to
waive or alter the application of any requirement in any particular situation
under the facts then-existing, or to alter any performance required under this
chapter where the director determines such departure is necessary to
mitigate identified or potentially negative impacts to the Sanitary Sewer
System or public health, safety, or welfare.
Sec. 7.04.040. Connection with Public Sanitary Sewer. It shall
be unlawful for any person to make any opening in any Public Sanitary
Sewer; to connect any private Sewer or drain therewith; or to lay, repair,
alter, or connect any private drain or Sewer in any public street, alley, right-
of-way, or easement, except as provided within this section.
A. Connection—Licensed contractor. A contractor may conduct the work
provided for within this section if the contractor is qualified and: (i) holds a
valid state contractor’s license as defined in Chapter 18.27 RCW, (ii) holds a
valid business license issued by the city, and (iii) has first obtained any
required city approval or permit.
A licensed contractor shall be responsible for all work done within any
public street, alley, easement area, or other city right of way, or under any
permits issued to the contractor under any other provision of this chapter. It
shall be the duty of every licensed contractor to leave with the City public
works department the name and telephone number of the person responsible
for the work to be conducted in any public street, alley, easement area, or
other city right-of-way area.
B. Connection—Owner. The owner or occupant of the Premises, or such
person’s agent, may connect a Side Sewer to a Side Stub with the approval of
and under the supervision of the director, after having first obtained all
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required permits. All other work must be performed by a qualified and
licensed contractor.
Upon granting any approval for connection of a Side Sewer to the
Public Sanitary Sewer Side Stub, such person, including any future or
subsequent owner, shall be responsible for all costs of maintenance, repair,
removal of obstructions, cleaning, and operation of the Side Sewer, including
that portion of the Side Sewer extending into the city’s right-of-way and
connecting to the Public Sanitary Sewer, including without limitation the tee
and Side Stub thereto. Acceptance of a Side Sewer connection under the
provisions of this chapter within or outside of the city’s right-of-way shall not
be deemed to create a duty upon the city to repair, maintain, replace, or
clean the same.
Sec. 7.04.050. Permit required to construct, extend, or repair
Sewer. A permit is required for all work to construct, extend, relay, or repair
a Building Sewer or a Side Sewer, or to make any connection to a Side Stub
or the Public Sanitary Sewer, whether that work is performed on private
property or within the city right-of-way. In addition to any conditions
expressed on the permit, all Sewer permits are subject to the provisions of
this chapter. The director shall be allowed to inspect the work at any stage of
construction and, in any event, the applicant for the permit shall notify the
director when the work is ready for final inspection, and before any
underground portions are covered. Work shall be done by the owner or a
licensed contractor as provided for in this chapter.
Sec. 7.04.060. Permits for additional work required. When a
permit has been issued, no additional work outside of the particular work for
which the permit was issued shall be completed without the advance approval
of the director, and a new permit must be obtained for such additional work.
Sec. 7.04.070. Permit and inspection fees.
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A. Fees—Generally. The city council shall, by resolution, establish the
fees to be assessed to implement and operate the regulations adopted in this
chapter. An additional charge will be made if review and inspection time
exceeds three and one-half hours. The hourly rate for this additional staff
time shall be paid at the rate as established by council resolution. The fee
shall be paid to the city before the permit is issued. In the event of any
conflict or ambiguity regarding any fees authorized under this chapter and
established by council resolution, the director is authorized to interpret the
fee schedule(s) to resolve that conflict or ambiguity.
B. On-site Sewage System fees—Public health. Permits to construct,
install, or repair On-Site Sewage Systems are issued by the department of
Public Health—Seattle and King County in accordance with the King County
Code. Application for all necessary permits and payment of associated fees
shall be made directly to the department of Public Health—Seattle and King
County.
C. Unauthorized work—Penalty. When work is commenced or performed
without first obtaining the required permit, the basic permit fee will be
doubled, however, the payment of that doubled fee will not relieve the person
responsible for the violation from full compliance with all of the requirements
of this chapter in the execution, inspection, or approval of the work, or from
any other penalties that may be provided for by local, state, or federal law,
including criminal penalties.
Sec. 7.04.080. Issuance of temporary permit. At the discretion of
the director, a temporary permit may be issued permitting temporary
connection to a Public Sanitary Sewer, Sewer Outfall, or Side Sewer. This
temporary permit may be issued when, in the opinion of the director, failure
to do so would endanger human health or the environment. A temporary
permit is revocable by the director upon providing 60 days’ advance written
notice to the owner, occupant, and the permit applicant. This notice shall be
given by posting the notice on the Premises for which the permit was issued,
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or by mailing notice to any other address known by the City for the owner,
occupant, and applicant. If the private Sewer or drain is not disconnected at
the expiration of such notice, the director may disconnect the Sewer or drain
and collect the cost of such disconnection from the owner, occupant, or
permit applicant through the issuance of an invoice in accordance with KCC
7.04.270(A). Any permittee granted a temporary permit under this section
will hold the city harmless from any damage by reason of the issuance or
revocation of a temporary permit, or the disconnection of a temporary
connection, as provided for under this section.
Sec. 7.04.090. Display of permits. Any permit required by this
chapter must, at all times during the performance of the work and until
completion and final approval thereof, be posted in a conspicuous place at or
near the permitted work Premises.
Sec. 7.04.100. Permit time limit—Extension. Any permit issued
under the provisions of this chapter shall be valid for a period of six months.
In the event work is not completed within the time specified on the permit,
an extension must be requested through the city permit center. Permit
extension approvals will be granted on a case-by-case basis. No more than
two extensions may be issued, at which time a new permit must be obtained.
Sec. 7.04.110. Permits to install or repair On-Site Sewage
Systems.
A. Permit required. It shall be unlawful for any person to construct,
install, or repair any On-Site Sewage System within the city without first
obtaining a permit from the department of Public Health—Seattle and King
County, or any other approval that department may require. That department
shall issue permits pursuant to the applicable King County standards, and the
permit shall, until all work is completed and final approval obtained, be
posted in a conspicuous place at or near the permitted work Premises.
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B. Disposal of contents. All liquids and solids removed from an On-Site
Sewage System shall be disposed of to the satisfaction of the director and in
accordance with all federal, state, and local laws.
Sec. 7.04.120. Construction standards. All Sewers and Side
Sewers shall be installed in strict accordance with the specifications contained
in any existing city ordinance or code, any construction standards, any
international or uniform codes that the city has adopted or adopts in the
future, and any conditions imposed upon an issued permit. All construction
shall be subject to the inspection of the director.
Sec. 7.04.130. Use of Public Sanitary Sewer required.
A. Proper sanitation required. It shall be unlawful for any person to place,
deposit, or permit to be deposited in an unsanitary manner upon public or
private property within the city or in any area under the jurisdiction of the
city, any human or animal excrement, or other objectionable waste.
B. Sewage disposal system—Chapter compliance required. Except as
provided in this chapter, it shall be unlawful to construct or maintain any
privy, privy vault, septic tank, cesspool, or other facility intended or used for
the disposal of sewage.
C. Connection to Public Sanitary Sewer required. The owners of all
houses, buildings, properties or other Premises used in any manner for
human occupancy situated within or without the city that abut any street,
alley, or easement in which there is located a Public Sanitary Sewer of the
city shall, at their expense, install suitable toilet facilities therein and connect
those facilities directly to the proper Public Sanitary Sewer within 90 days
from the date of official notice to do so, provided that the Public Sanitary
Sewer is within 200 feet of any building on the owner’s property.
D. Failure to connect when required. In addition to any other penalty
authorized by this chapter, a property owner who fails to connect to the
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Public Sanitary Sewer within 90 days of receiving official notice to do so, shall
be subject to a penalty that shall be a monetary charge in an amount equal
to the base monthly sewer rate that would be charged against that property if
it were connected to the Public Sanitary Sewer. The city’s finance department
shall assess the penalty against the property through its utility billing system.
E. Lien for costs and charges. Pursuant to RCW 35.67.200, failure to pay
the penalties levied pursuant to this section shall constitute a lien for those
delinquent and unpaid charges against the Premises to which the service is
available. This lien shall be superior to all other liens and encumbrances
except general taxes and local and special assessments.
F. Interest assessed for delinquencies. All delinquent charges imposed
under the authority of this section shall bear interest at the rate of eight
percent per annum computed on a monthly basis.
Sec. 7.04.140. Privy wells or vaults, and cesspools, prohibited.
A. Detrimental or dangerous to life or health—Prohibited. No privy well,
vault, or cesspool may be used or maintained if such use or maintenance is
detrimental or dangerous to life or health. If such condition exists, the
director may prohibit use of the privy well, vault, or cesspool and may order
the same to be disinfected and filled with fresh earth. The director will notify
in writing the owner and occupant of such Premises that the privy well, vault,
or cesspool must be disinfected and filled with fresh earth, and a suitable
sewage disposal system, either public or private, constructed within a period
of 20 days from and after the time when such notice shall be served, or such
later date as the director may determine and identify within the notice.
Sec. 7.04.150. On-Site Sewage Systems—Responsibilities of
Owner and Occupant. Maintenance and repair of an On-Site Sewage
System is the sole responsibility of the owner and occupant of the Premises,
who shall maintain the system in accordance with all applicable laws and
regulations, including the following:
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A. Prohibited discharge to Public Sanitary Sewer. No On-Site Sewage
System may discharge to any Public Sanitary Sewer.
B. Abandoned facility—Requirement to fill. Any septic tanks, cesspools,
and similar On-Site Sewage Systems whose use has been abandoned shall be
filled with suitable material and in a manner that will insure the public safety,
health, and well-being. Such abandonment must be permitted through the
department of Public Health—Seattle and King County under KCC 7.04.110.
C. Maintain sanitation. All On-Site Sewage Systems shall be operated and
maintained in a sanitary manner at the entire and sole expense of the owner
and occupant.
D. Repairs required. Whenever, in the judgment of the director or any
public health officer, any On-Site Sewage System shall fail to function
properly, or the continued use of such private On-Site Sewage System will be
detrimental to life or health, the director may order such work to be done
upon the Premises where the On-Site Sewage System is situated as
necessary to restore and insure sanitary conditions upon such Premises. In
such event, the director will notify in writing the owner and occupant of such
Premises of the work required under this subsection. Unless otherwise
ordered by the department of Public Health—Seattle and King County, work
shall be completed within a period of 180 days from and after the time when
such notice shall be served, or such other time period determined appropriate
by the director and warranted by the then-existing circumstances. The work
shall be done in accordance with all federal, state, and local laws.
Sec. 7.04.160. City may connect and assess costs.
A. Failure to act—Connection made by city at cost of owner. If any owner
or occupant shall fail, neglect, or refuse to connect its Premises to the Public
Sanitary Sewer within the time specified in any notice provided under this
chapter, or shall fail, neglect, or refuse to do the other work specified and
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ordered to be done as this chapter provides, the director may make such
connection or do such work and collect the cost thereof from the owner,
occupant, or other person responsible for the violation through the issuance
of an invoice in accordance with KCC 7.04.270(A).
B. Cost to become a lien. If unpaid, this cost shall additionally be
assessed and become a lien against the Premises as authorized by law.
Sec. 7.04.170. Side Sewer and private Sewer pipes—
Maintenance and repair—Violation.
A. Side Sewer.
1. Condition likely to cause obstruction—Violation. It is a violation
of this chapter for there to exist in any Side Sewer a visually evident
accumulation of FOG of animal, vegetable, mineral, or petroleum origin
which, either alone or in combination with other wastes, is reasonably likely
to obstruct flow or interfere with the operation or performance of any part of
the Sanitary Sewer System. If the director shall give notice to the person
responsible for the violation of such condition and of the corrective action
necessary, it is a further violation of this chapter for such person to fail to
take such corrective action.
2. Damaged or Noncompliant Sewer—Notice and repair—Violation.
When any Side Sewer, whether upon private property or upon the city’s
right-of-way, is constructed, laid, connected, or repaired and does not comply
with the provisions of this chapter or any construction standards or codes
that may hereafter be adopted, or where it is determined by the director that
a Side Sewer is obstructed, broken, inadequate, is a menace to health, or is
liable to cause damage to public or private property, the director shall give
notice to the person responsible for the violation of such condition and the
required corrective action. It is a violation of this chapter for such person to
fail to take the required corrective action by the date specified in that notice.
B. Private Sewer. Whenever any private Sewer connected to any Public
Sanitary Sewer becomes obstructed, broken, or out of order and the person
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responsible for the violation fails to repair the same within five days after
notification by the director, the director is hereby authorized to remove,
reconstruct, replace, alter, or clear the same as required at the expense of
the person responsible for the violation, which expense shall be collected
through the issuance of an invoice in accordance with KCC 7.04.270(A).
When two or more houses or buildings are connected to the same private
Sewer, the owners, agents, or occupants of such Premises shall be jointly and
severally liable for any work done at the direction of the director under this
section. No permit shall be required for the removal of obstructions from
private Sewers, provided the Sewer pipe is not damaged.
Sec. 7.04.180. Use of Public Sanitary Sewer.
A. Discharge of storm or surface water to Sanitary Sewer System—
Prohibited. No person shall discharge or cause to be discharged any
stormwater, surface water, groundwater, or roof run-off, to the Sanitary
Sewer System, unless expressly authorized by the Director.
B. Prohibited discharges to Sanitary Sewer System. Except as otherwise
provided in this chapter, no person shall discharge or cause to be discharged
any of the following described substances to the Sanitary Sewer System:
1. Any liquid or vapor having a temperature higher than 150
degrees Fahrenheit;
2. Any water or waste that may contain more than 100 parts per
million by weight of FOG;
3. Any gasoline, benzene, naphtha, fuel oil, or other flammable or
explosive liquid, solid, or gas;
4. Any emulsifying agent, enzyme, bio-additive, or similar
chemical;
5. Any animal guts or tissue, paunch manure, bones, hair, hides or
fleshings, entrails, fish guts or skin, seafood shells, cloth, carpet fibers,
plastic, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, grass clippings, brewing or distilling slops, spent
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grain or hops, lard, tallow, baking dough, coffee grounds, tea leaves or any
other solid or viscous substance capable of causing obstruction to the flow in
sewers or other interference with the proper operation of the sewage works;
6. Any waters or wastes having a pH lower than 5.5 or higher than
9.0 or having any corrosive property capable of causing damage or hazard to
structures, equipment, and personnel of the Sewage Works;
7. Any waters or wastes containing a toxic or poisonous substance
in sufficient quantity to injure or interfere with any sewage treatment
process, to constitute a hazard to humans or animals, or to create any hazard
in the receiving waters of the Sewage Treatment Plant;
8. Any waters or wastes containing suspended solids of such
character and quantity that unusual attention or expense is required to
handle such materials at the Sewage Treatment Plant;
9. Any noxious or malodorous gas or substance capable of creating
a public nuisance;
10. Any liquid containing more than 350 parts per million by weight
of suspended solids; or
11. Any discharge with an average daily flow greater than two
percent of the average daily sewage flow of the city without the prior review
and approval of the director.
C. Protection of Sanitary Sewer System. The following provisions are
enacted in an effort to protect the Sanitary Sewer System from obstruction
and to ensure its proper operation.
1. FOG Removal Device required. All FOG Generating Facilities
shall install, operate, and maintain FOG Removal Devices of an approved type
and adequate size to effectively remove Polar and Non-Polar FOG, sludge,
and settled solids from Wastewater prior to the Wastewater entering the
Public Sanitary Sewer. The city understands that there is a cost attributable
to installing a FOG Removal Device. Therefore, all FOG Generating Facilities
operating at a location within the city as of the original adoption date of this
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section (______, _____, 2016)1 shall install a FOG Removal Device within
180 days of receiving notification by the city that such a FOG Removal Device
is required. All FOG Generating Facilities that open or relocate within the city
after the above-referenced adoption date must install, operate, and maintain
a FOG Removal Device in compliance with this chapter prior to commencing
operation.
a. Installation of a FOG Removal Device. All FOG Removal
Devices shall be installed as required by this chapter and shall conform in all
respects to the Uniform Plumbing Code or other applicable building codes
adopted for application in the city through Chapters 13.01 and 14.01 of the
Kent City Code, including size, type, and installation method, unless
otherwise approved by the director. Plans, specifications, and other pertinent
information relating to proposed FOG Removal Devices shall be submitted for
the approval of the director. No construction of such facilities shall be
commenced until such approvals are obtained in writing. FOG Generating
Facilities are responsible for obtaining a plumbing permit and final inspection
approval before the FOG Removal Device may be put into operation. A FOG
Removal Device shall be installed at locations where they are readily and
easily accessible for cleaning, maintenance, and inspection.
b. Maintenance of FOG Removal Device. All FOG Removal
Devices shall be maintained and operated by the FOG Generating Facility at
its own expense. These FOG Removal Devices shall be kept in continuous
operation at all times, and shall be maintained in accordance with the
Uniform Plumbing Code, established BMPs, and other federal, state, and local
law.
(1) Minimum frequency of maintenance. At a
minimum, all FOG Removal Devices shall be maintained as required by this
subsection. However, an increase in the cleaning frequency and additional
BMPs may be required to reflect the actual operating conditions of each FOG
Generating Facility.
1 Code reviser to insert into the Kent City Code this ordinance’s adoption date.
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(a) Grease Interceptor. Maintenance of Grease
Interceptors must be scheduled often enough so that Polar FOG and settled
solids and sludge do not leave the device through its outlet. At a minimum,
the Grease Interceptor must be cleaned when: (i) the volume of FOG and
settled sludge and solids constitute 25 percent of the effective liquid volume;
or (ii) if the inlet or outlet displays visible buildup or is obstructed with FOG or
other debris. In no event shall the maintenance frequency be less than once
every six months.
(b) Grease Trap. Maintenance of Grease Traps
must be scheduled often enough so that FOG and settled solids and sludge do
not leave the device through its outlet. At a minimum, Grease Traps shall be
cleaned when: (i) the volume of FOG and settled sludge and solids constitute
25 percent of the effective liquid volume; or (ii) if the inlet, outlet, flow
control, or vent displays visible buildup or is obstructed with FOG or other
debris. In no event shall the maintenance frequency be less than once every
month. Unless specifically required or permitted by the City, no food waste
disposal unit or dishwasher shall be connected to or discharge into any
Grease Trap.
(c) Oil/Water Separator. Oil/Water Separators
shall be cleaned when the buildup is eight inches deep in the inlet chamber or
when there are two inches or more of oil in any chamber of the Oil/Water
Separator. Coalescing plates must be cleaned before they become coated
with silt or solids.
(2) Performance of maintenance. leaning, inspection,
and maintenance must be performed by a licensed contractor and/or
Wastehauler qualified to perform such activities on a FOG Removal Device.
(a) Required maintenance for Grease
Interceptors and Oil/Water Separators. Maintenance for Grease Interceptors
and Oil/Water Separators shall include without limitation the removal of the
full contents of the Grease Interceptor and Oil/Water Separator including
Polar and Non-Polar FOG, liquids, and settled sludge and solids from the
device’s walls, baffles, inlet, outlet tee, piping, and floors. During
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maintenance, Grease Interceptors and Oil/Water Separators shall be
inspected for internal and external damage, obstructions, leaks, and missing
or damaged components. It is a violation of this chapter to merely skim the
surface layer of waste material, to only partially clean the Grease Interceptor
or Oil/Water Separator, or to use any method that does not remove the
entire contents of the Grease Interceptor or Oil/Water Separator. The Grease
Interceptor and Oil/Water Separator shall be filled with clean cold water
before returning to service. If cleaning and repairs are required, they shall
be performed within seven days of discovery.
(b) Required maintenance for Grease Traps.
Maintenance for Grease Traps shall include without limitation the removal of
the full contents of the device including FOG, liquids, and settled sludge and
solids. Removable baffles, plugs, and outlets shall be removed and cleaned,
and the walls, cleanout, and all other components of the device shall be
scraped free of accumulated FOG and food waste. During maintenance, the
device shall be inspected for leaking seams and pipes; damaged or missing
gaskets, lids, bolts, and latches; corrosion; and for effective operation of the
baffles, venting, and flow-regulating device. The Grease Trap shall be filled
with cold clean water before it is returned to service. If cleaning and repairs
are required, they shall be performed within seven days of discovery.
(3) Disposal of material removed during maintenance.
All FOG removed from a FOG Generating Facility shall be disposed of or
recycled in accordance with federal, state, and local laws.
(4) Maintenance records. Records of all maintenance
activities shall be retained after each maintenance event and shall be made
readily available to the city for review via email or in person.
2. Industrial Wastes—Control manhole—When required. Any
business, establishment, or person who uses the Sanitary Sewer System to
carry Industrial Wastes shall install and properly maintain a suitable control
manhole in the Premises’ Sewer to facilitate observation, sampling, and
measurement of the wastes. Such manhole shall be installed at a location
where it is readily accessible, safe, and constructed in accordance with plans
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approved by the director. The control manhole shall be installed by the owner
at the owner’s expense, and maintained by the owner so as to be safe and
accessible at all times.
3. Waste cooking oil—Collection and proper disposal. Waste
cooking oil shall be collected and stored in appropriate receptacles such as
drums or bins at all FOG Generating Facilities and then disposed of or
recycled in accordance with all federal, state, and local laws. Such storage
receptacles shall be maintained by implementing proper BMPs to ensure they
are watertight and do not leak.
4. Vegetable and fruit canneries—Collection and proper waste
disposal. Vegetable and fruit canneries shall provide an efficient screen for
the removal of skins, seeds, pomace, culls, discarded produce, and other
suspended material and waste from the washing, sorting, or other canning
processes. This screen must be 20-mesh, U.S. standard gauge, and may be
of the vibrating, rotary, or any other effective type. It shall be located on the
main outlet Sewer line or lines from the cannery in such a way that all
Wastewaters, except cooling or other clean waters, will pass through the
screen. Cooling or other clean waters may be bypassed around the screen or
discharged through a separate outlet. Screened and other solid material
removed from the product during cannery operations shall be disposed of in a
manner consistent with state solid waste handling regulations, and, in any
event, in such a manner that it will not enter a Water of the State or the
Sanitary Sewer System.
5. Standard applicable and measurement location. All
measurements, tests, and analysis of the characteristics of waters and wastes
to which reference is made in this chapter shall be determined in accordance
with Standard Methods for the Examination of Water and Sewage, available
online at www.standardmethods.org, and shall be determined at the location
of the control manhole required under KCC 7.04.180(C)(2) and based upon
suitable samples taken from that location. If no control manhole has been
required under KCC 7.04.180(C)(2), the control manhole shall be considered
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to be the nearest downstream manhole in the Sanitary Sewer System at the
point at which the Building Sewer is connected to the Public Sanitary Sewer.
Sec. 7.04.190. Damage to Sewage Works. No person shall cause
to break, damage, destroy, uncover, deface, or tamper with any structure,
appurtenance, or equipment which is a part of the Sewage Works.
Sec. 7.04.200. Planting of certain trees and shrubbery
prohibited. It shall be unlawful to plant poplar, cottonwood, soft maples,
willow, or any other tree or shrub in any location where the roots of such tree
or shrub are likely to obstruct or damage public or private Sewers. The
director is hereby authorized to remove any trees or shrubs from any public
street, or the roots of any trees or shrubs which extend into any public street
or right-of-way, when such trees or the roots thereof are obstructing, or
when the director has determined that they are liable to obstruct, public or
private Sewers. The director shall give ten days’ advance written notice to the
owner, agent, or occupant of the abutting property to remove such trees or
roots, and it is a violation of this chapter for such owner, agent, or occupant
to fail to timely and properly comply with the director’s notice.
If the owner, agent, or occupant fails or refuses to comply with the
director’s notice, the director may remove the trees or roots when the city’s
access to the property is legally authorized, and the reasonable cost of such
removal, whether that removal is from private property, rights-of-way, alleys,
or streets, shall be a charge against and a lien upon the abutting property
from which such trees or shrubs are removed, which may additionally be
collected against the abutting property owner in accordance with KCC
7.04.270.
Sec. 7.04.210. Property not assessed for Sanitary Sewer
construction under a local improvement district to pay sum in lieu of
assessment.
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A. No permits shall issue for connection to any Public Sanitary Sewer for
any property that has not been assessed for the construction of such Sewer
by a local improvement district, except as follows:
1. Property that was not assessed for a local improvement district,
but which has a Public Sanitary Sewer in the street, alley, or sewer easement
abutting such property shall be charged an assessment on the same basis as
property that was in the local improvement district.
2. Satisfactory arrangement shall be made with the finance director
for payment prior to the issuing of any permits provided for in subsection
(A)(1) above.
B. Side Sewers constructed without the payment of the above charges
shall be disconnected if, within 15 days after the owner and occupant have
been notified by the director that the above charge are due, the owner or
occupant fail to pay such charges.
Sec. 7.04.220. Schedule of charges for service. The following
charges for city Sanitary Sewer service inside the city limits are in effect on
the dates and in the amounts listed below. Sewer service charges for
customers residing outside the city shall be the charges as on file in the city
clerk’s office.
King County imposes a Sanitary Sewer service charge for regional
sewage treatment. These charges are passed through, without increase,
directly to the city Sanitary Sewer utility customers. The King County pass-
through charge for 2013 is known and established. It is expected, however,
that King County will increase its pass-through charge over time. Accordingly,
except for the 2013 charge, all other King County charges are estimates only.
In order to simplify the rate-making structure, the finance director is
authorized to amend King County’s pass-through charges at the time King
County imposes new charges.
/ /
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/ /
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Type of Service
Charges per
Month
Effective on
1/1/2013
Charges per
Month
Effective on
1/1/2014
Charges per
Month
Effective on
1/1/2015
Charges per
Month
Effective on
1/1/2016
Charges per
Month
Effective on
1/1/2017
Charges per
Month
Effective on
1/1/2018
1. Single-family
residential dwelling,
as defined in Chapter
15.02 KCC.
• City sewer rate $17.27 $17.96 $18.68 $19.43 $20.21 $21.02
• King County sewer
rate
$39.79 $39.79* $39.79* $39.79* $39.79* $39.79*
• Total sewer rate $57.06 $57.75* $58.47* $59.22* $60.00* $60.81*
2. Two-family or
multiple-family
residential dwelling,
as defined in Chapter
15.02 KCC, each unit
separately metered
and charged.
• City sewer rate $17.27 $17.96 $18.68 $19.43 $20.21 $21.02
• King County sewer
rate
$39.79 $39.79* $39.79* $39.79* $39.79* $39.79*
• Total sewer rate $57.06 $57.75* $58.47* $59.22* $60.00* $60.81*
3. Single-family
residential/lifeline:
eligibility criteria for
the lifeline utility rate
set forth in KCC
7.01.080
• City sewer rate $12.70 $12.85 $13.01 $13.18 $13.35 $13.53
• King County sewer
rate
$39.79 $39.79* $39.79* $39.79* $39.79* $39.79*
• Total sewer rate $52.49 $52.64* $52.80* $52.97* $53.14* $53.32*
4. All other than
service types 1, 2 and
3 shall be billed in
accordance with the
consumption of water
and at the following
rate, except that no
monthly bill shall be
less than the single-
family residential rate
set forth in service
type No. 1.
$7.61 per
100 cubic
feet per
month
$7.70*1 per
100 cubic feet
per month
$7.80*1 per
100 cubic feet
per month
$7.90*1 per
100 cubic
feet per
month
$8.00*1 per
100 cubic
feet per
month
$8.11*1 per
100 cubic
feet per
month
* Estimated
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Sec. 7.04.230. Water meters for METRO billing. All sewer
accounts for other than single-family residential uses must have water meters
or sewer meters for billing purposes.
Sec. 7.04.240. Exemption meters. The amount of flow for the
purpose of sewer service billing may be measured by a sewer meter installed
and maintained at the customer’s expense or by reading a water meter with
allowance made for water measured by any exemption meter which has been
approved by both METRO and the city.
Sec. 7.04.250. Certification of sewer meters. All sewer meters
shall be certified for accuracy at least once each year by an independent
testing agency. If the city demands an inspection other than a regular annual
inspection and the inspection reveals that the meter is operating properly, the
city shall bear the cost of the inspection; otherwise, the cost shall be borne
by the customer.
Sec. 7.04.260. Sewer service to customers obtaining water
from sources other than the city water utility. For Sanitary Sewer
service to customers obtaining water from sources other than the city water
utility, the following regulations shall apply:
1. Single-family residential customers shall pay the flat rate which
is on file in the city clerk’s office.
2. All customers other than single-family residential shall install a
meter on their source of water within 30 days of date of application or service
will be discontinued. Upon request of the customer, the city will install a
meter in accordance with its standard practice for such installations.
3. City personnel will read the privately owned meters on normal
water meter reading dates.
4. If the meter is the property of a water district or other municipal
corporation, the customer must submit written permission from the water
district or municipal corporation for the city meter reader to read such meter
on the normal reading date.
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Sec. 7.04.270. Violations and enforcement—Penalties. Any
violation of any provision of this chapter may be enforced as provided for in
this section. Each separate date, or portion thereof, during which any
violation occurs shall constitute a separate violation.
A. Recovery of costs incurred by the City. In addition to any penalty
provided for in KCC 7.04.270(B) through KCC 7.04.270(D), a person who
violates any of the provisions of this chapter shall be liable for all costs
incurred by the City as a result of the violation. The City will issue an invoice
to the person responsible for the violation advising him or her of the amount
of costs incurred by the City as a result of the violation. The person to whom
the invoice was directed must respond within 14 days of the date the invoice
is served upon that person by: (i) paying the invoice, (ii) requesting a
hearing before the City’s hearing examiner to mitigate the amount of the
invoice, or (iii) requesting a hearing before the City’s hearing examiner to
contest the amount of the invoice. Failure to timely respond shall result in
the invoice being deemed valid and the City may seek collection of the
invoice through the process provided for in Chapter 3.10 of the Kent City
Code, including the use of a collection agency. Payment of any invoice issued
shall not alleviate the person responsible for the violation from complying
with this chapter.
1. Service of notice. Service of an invoice issued under KCC
7.04.270(A) shall occur and is deemed complete in the same manner and
under the same provisions as provided for in KCC 1.04.060.
2. Process to mitigate or contest invoice. The process through
which a person may request a hearing to contest or mitigate an invoice
issued to him or her as a person responsible for the violation is the same as
that provided for Notices of Violation under KCC 1.04.120 through KCC
1.04.190. The hearing examiner’s decision as to any invoice issued under
KCC 7.04.240(A) is final and may not be further appealed.
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3. Failure to pay—Civil infraction. The failure to timely pay an
invoice issued under KCC 7.04.270(A), or any mitigated invoice amount set
by the hearing examiner, is a separate violation that may be enforced
through the issuance of a civil infraction pursuant to KCC 7.04.270(B).
B. Civil infraction. A person who violates any provision of this chapter
may be issued a class 1 civil infraction 2 as set forth in RCW 7.80.120, as
currently enacted or hereafter amended. An infraction issued pursuant to
this section shall be filed in the Kent Municipal Court and processed in the
same manner as other infractions filed in the Kent Municipal Court. In
addition, a civil code enforcement action may be instituted in accordance with
KCC 7.04.270(C) to effectuate any abatement or corrective action required by
the person as a result of the violation.
C. Civil code enforcement. In addition to, or as an alternative to any
other penalty provided for in this chapter or by law, a civil code enforcement
action may be instituted under the provisions provided for in Chapter 1.04
KCC to effectuate any abatement or corrective action required as a result of a
violation of this chapter, including the issuance of a stop use or stop work
order under KCC 1.04.090 – KCC 1.04.110. The process through which the
person responsible for the violation may contest a stop use or stop work
order is the same as that provided for Notices of Violation under KCC
1.04.120 through KCC 1.04.190. Failure to timely abate the violation or take
the required corrective action will result in the issuance of a fine in
accordance with KCC 1.04.080 and KCC 1.04.200, which fine will be separate
and apart from any fine that may have been issued under KCC 7.04.240(B).
2 Reference note for staff and Council, not to be codified: Class 1 - Base fine $250, total fine $513
($277.44 local, rest to state); Class 2 - Base fine $125, total fine $257 ($133.28 local, rest to state);
Class 3 - Base fine $50, total fine $103 ($46.24 local, rest to state); Class 4 - Base fine $25, total fine $52
($34 local, rest to state).
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D. Criminal offense. Except as may otherwise be provided, a person who:
1. Negligently violates a provision of this chapter is guilty of a
misdemeanor, punishable by up to the maximum penalty established in RCW
9A.20.021(3) as now enacted or hereafter amended; or who
2. Knowingly violates a provision of this chapter, or commits a
repeated violation of this chapter, is guilty of a gross misdemeanor,
punishable by up to the maximum penalty established in RCW 9A.20.021(2),
as now enacted or hereafter amended.
a. For purposes of this section “repeated violation” means,
as evidenced by either a prior committed finding by the Kent Municipal Court
of an infraction issued under this chapter, or a committed finding by the
Hearing Examiner of a Notice of Violation issued under Chapter 1.04 KCC, or
a committed finding by operation of law under KCC 1.04.130, that a violation
of this chapter has occurred on the same property or that a person
responsible for the violation has committed a violation of this chapter
elsewhere within the city of Kent. To constitute a “repeat violation,” the
violation need not be the same violation as the prior violation.
3. If a person is found guilty of a criminal offense as provided for in
this KCC 7.04.270(D), or pleads guilty to another offense on recommendation
of the prosecutor, the court shall order the defendant pay restitution to the
City of Kent, or any other victim of the offense, for the total suffered loss or
damage by reason of the commission of the crime.
SECTION 3. – Savings. The existing Chapter 7.04 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 4. – Severability. If any one or more section, subsection, or
sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall maintain its full force and effect.
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SECTION 5. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section or subsection numbering; or
references to other local, state or federal laws, codes, rules, or regulations.
SECTION 6. – Effective Date. This ordinance shall take effect and be
in force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER
CITY ATTORNEY
PASSED: day of , 2016.
APPROVED: day of , 2016.
PUBLISHED: day of , 2016.
I 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)
RONALD F. MOORE, CITY CLERK
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