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HomeMy WebLinkAbout1994 RegulationsENVIRONMENTAL PROTECTION include swamps, marshes, bogs and similar areas, with the exception of the following areas shown in the King County Wetlands Inventory Notebook, Volume 3 South: (1) Lower Puget Sound Beach; (2) Lower Puget Sound 1 and 51; and (3) Areas defined as a regulated lake pursuant to chapter 22 of this Code. Methodology in the January 1989 Federal Manual for Identifying and DelineatingJurisdictional Wet- lands, and subsequent United States Army Corps of Engineers regulatory guidance letters, will be used for regulatory delineations of wetlands within the city. Working day shall mean a day upon which the city is open for business. Other references to days refer to calendar days. (Ord. No. 90-40, § 1(20.30), 2-27-90; Ord. No. 91- 105, § 5(20.30), 8-20-91) Sec. 18-29. Forms; adoption by reference. The city adopts the following forms and sec- tions of WAC ch. 197-11 by reference, as now ex- isting or amended: (1) WAC 197-11-960 Environmental checklist. (2) WAC 197-11-960 Adoption notice. (3) WAC 197-11-970 Determination of nonsig- nificance (DNS). (4) WAC 197-11-980 Determination of signifi- cance and scoping (DS). (5) WAC 197-11-985 Notice of assumption of lead agency status. (6) WAC 197-11-990 Notice of action. (Ord. No. 90-40, § 1(20.300), 2-27-90) Secs. 18.30-18.45. Reserved. DIVISION 2. ADMINISTR.ATION* Sec. 18-46. Designation of responsible offi. cial. (a) For those proposals for which the city is a lead agency, the responsible official shall be the *Cross reference —Administration, ch. 2. § 18-4 director of the department of community develop. ment. The responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental im- pact statement, and perform any other functions assigned to the lead agency or responsible official by the State Environmental Policy Act rules. (b) The responsible official shall be responsible for the city's compliance with WAC ch. 197-11 whenever the city is a consulted agency, and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. (Ord. No. 90-40, § 1(20.40.10, 20.40.20), 2-27-90) Sec. 18.47. Lead agency determination and responsibilities. (a) The responsible official, upon receiving an application for a nonexempt action or initiation by a city department of a nonexempt action, shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11- 940, unless the lead agency has been previously determined or the responsible official is aware that another department or agency is in the process of determining the lead agency. (b) When the city is not the lead agency for a proposal, all departments of the city shall use and consider as appropriate either the determination of nonsignificance or the final environmental im- pact statement of the lead agency in making de- cisions on the proposal. No city department shall prepare or require preparation of a determination of nonsignificance or environmental impact state- ment in addition to that) prepared by the lead agency unless the responsible official determines a supplemental environmental review is neces- sary under WAC 197-11-600. (c) If the city, or any of its departments, re- ceives a lead agency determination made by an- other agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination or the city must petition the department of ecology for a lead agency determi- nation under WAC 197-11-946 within the 15-day Supp. No. 4 1067 § 18.47 FEDERAL WAY CITY CODE time period. Any such petition on behalf of the city shall be initiated by the responsible official. (d) The responsible official is authorized to make agreements as to lead agency status or shared lead agency's duties for a proposal under WAC 197-11-942 and 197-11-944. (e) The responsible official shall require suffi- cient information from the applicant to identify other agencies with jurisdiction. (f) Within 90 days of receipt of a completed ap- plication and environmental checklist, the respon- sible official shall make a threshold determina- tion. (g) A "completed application" and environ- mental checklist is defined to be: (1) Answers to all checklist items; (2) All expanded environmental studies deter- mined by the city to be required, whether provided by the city, another agency with jursidiction and/or expertise, or by the ap- plicant at the request of the city; (3) Text description and documents for non - project action; (4) Master land use application; (5) Self-addresseed, stamped envelopes re- quired pursuant to FWCQ (6) All required filing fees. (h) Within 30 days of receipt of an application and an environmental checklist, the responsible official shall either: (1) Respond to the applicant in writing with a notification of completeness; or (2) Request in writing any additional informa- tion reasonably related to the responsible official's determination whether or not the proposal is likely to have significant ad- verse environmental impacts. (i) In the event applicant submits less than the complete information requested by the respon- sible official pursuant to FWCC 18-47(h)(2) above, the application shall not be considered complete. The responsible official may periodically request in writing the additonal required information. 0) Only at such time as applicant submits to the city either the complete additional informa- tion requested pursuant to FWCC 18-47(h) above, or a written response indicating the inability to provide it, the responsible official shall: (1) Issue a threshold determination within 90 days from receipt of the applicant's re- sponse; or (2) Notify the applicant that a determination of significance is likely and indicate the areas of likely impact. A final determina- tion shall be made within 90 days from the receipt of the applicant's response for addi- tional information, unless the applicant re- quests an additional 30 days as provided in section (k) herein. (k) The applicant may request an additional 30 days for the issuance of the threshold determina- tion by the responsible official, or for the respon- sible official to evaluate mitigation measures pro- posed by the applicant. The responsible official shall grant such extension, if requested. (Ord. No. 90-40, § 1(20.50.10-20.50.50), 2-27-90; Ord. No. 93-192, § 1, 11-9-93) Sec. 18.48. Fees. (a) The city shall establish fees for its activities in accordance with the provisions of this chapter: (1) Threshold determination. For every envi- ronmental checklist the city will review when it is lead agency, the city shall collect a fee from the proponent of the proposal prior to undertaking the threshold determi- nation. The time periods provided by this chapter for making a threshold determina- tion shall not begin to run until payment of fees. (2) Environmental impact statement. a. When the city is the lead agency for a proposal requiring an environmental impact statement and the responsible official determines that the environ- mental impact statement shall be pre- pared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs C Supp. No. 4 1068 ENVIRONMENTAL PROTECTION .incurred, including overhead, by the city in preparing the environmental im- pact statement. The responsible offi- cial shall advise the applicant of the projected costs for the environmental impact statement prior to actual prep- aration. b. The responsible official may determine that the city will contract directly with a consultant for preparation of an en- vironmental impact statement, or a por- tion of the environmental impact state- ment, for activities initiated by some persons or an entity other than the city and may bill such costs incurred in- cluding overhead directly to the appli- cant. Such consultants shall be selected by the city. c. The applicant shall pay the projected amount to the city prior to commencing work. The city will refund the excess, if any, at the completion of the envi- ronmental impact statement. If the city's costs exceed the projected costs, the applicant shall immediately pay the excess, and the city is not obligated to proceed until the moneys have been re- ceived. If a proposal is modified so that an environmental impact statement is no longer required, the responsible of- ficial shall refund any fees collected under subsection (a)(1) or (2) of this sec- tion which remain after incurred costs, including overhead are paid. (3) Appeals. All appeals shall be accompanied by a nonrefundable appeal fee. (b) The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this article relating to the applicant's proposal. The city may charge any person for copies of any document prepared under this chapter, and for mailing the document in a manner provided by state law. (Ord. No. 90-40, § 1(20.290.10-20.290.30), 2-27-90) Sec. 18-49. Public notice. (a) The city shall give public notice for project - related actions as follows: (1) Notices will be posted at the city hall and library, published in a newspaper of gen- 18.49 eral circulation in the city, posted promi- nently on the site and mailed to all owners of real property as shown in the records of Supp. No. 4 1068.1 ENVIRONMENTAL PROTECTION the county assessor and all occupants of real property located within 300 feet of the site and any interested party or agency who has filed its name directly with the responsible official or as part of a public hearing or scoping process for the following situations: a. When the responsible official issues a determination of nonsignificance or mitigated determination of nonsignifi- cance; b. When an appeal had been filed related to a threshold determination as pro- vided in this article; c. A draft environmental impact state- ment is available for public review and comment. (2) In addition to the requirements of subsec- tion (a)(1) of this section, notices will be mailed to all owners of real property as shown in the records of the county assessor and all occupants of real property located within 600 feet of a proposed project -related action for the following situations: a. When the city commences scoping; b. Whenever the city holds a public hearing as required by WAC 197-11- 535. (b) Notice of public hearing shall be issued no later than 20 days before a public hearing. (c) Notice of a threshold determination or envi- ronmental impact statement hearing on nonproject proposals shall be published in a newspaper of general circulation in the city, mailed to inter- ested parties or agencies who have registered with the city, and posted in the city hall and library. (d) The responsible official shall maintain a public list of all State Environmental Policy Act actions known as the "City of Federal Way State Environmental Policy Act Register." The register shall be available for public inspection during normal working hours. The register will be re- vised weekly and the responsible official will mail copies to any person who has made a request and paid in advance a fee based on the cost of repro- ducing and mailing. The requirements of this sub- section are not mandated by state regulations but will be provided by the city as voluntary extra § 18-51 notice. Failure to provide this notice shall not af- fect the validity of any action or proceeding re- lated to the State Environmental Policy Act. (e) The responsible official shall maintain a public list of the names of parties or agencies who have indicated interest in receiving public notices related to any State Environmental Policy Act procedures. (f) The city may require an applicant to com- pensate the city for costs of compliance with the public notice requirements for the applicant's pro- posal or to provide addressed lists and addressed, stamped envelopes, unless that requirement is waived by the responsible official. (Ord. No. 90-40, § 1(20.180.10-20.180.60), 2-27-90) Sec. 18.50. Notice; statute of limitations. The city, applicant or proponent may publish a notice of action as provided by RCW 43.21C.O8O for any final action taken under the provisions of this article. The form of the notice shall be sub- stantially in the form provided in WAC 197-11- 990. (Ord. No. 90-40, § 1(20.250), 2-27-90) Sec. 18.51. Administrative appeals. (a) Any interested party may appeal to the hearing examiner a threshold determination, or the adequacy of a final environmental impact statement and conditioning or denial of an action except as provided in subsection (b) below. The appeal shall be conducted under the provisions of process II, section 22-431 et seq., provided that the notice distribution requirements of section 22- 436(b) shall be replaced with the notice distribu- tion requirements of section 18-49(a)—(f). (b) Any governmental action not requiring a legislative decision that is conditioned or denied by a nonelected city official shall be appealed di- rectly to the city council as provided by RCW 43.21C.O60. (c) All appeals filed under this section must be filed in writing with the city clerk within 14 cal- endar days of the date of the decision appealed or the conclusion of the comment period or comple- tion of the giving of required notices, whichever is longer. All appeals shall contain a specific state- Supp. No. 3 1069 § 18-51 FEDERAL WAY CITY CODE C ment of reasons why the decision of the respon- sible official is alleged to be in error. (d) All relevant evidence shall be received during the appeal and the decision shall be made de novo. The determination by the city's respon- sible official shall carry substantial weight in any appeal proceeding. (e) The decision of the hearing examiner on an appeal filed under this section shall be final. (f) Appeals of the hearing examiner's final de- cision shall first be to the city council as provided in process II; section 22-431 et seq. (g) For any appeal under this section, the city shall provide for a record that shall consist of the following: (1) Findings and conclusions; (2) Testimony under oath; and (3) A taped or written transcript. (h) Upon filing an appeal to the city council or a judicial appeal, any certified copies or written transcripts required for such shall be prepared by the city at the expense of the appellant, subject to possible reimbursement of transcript preparation costs as provided in section 22-446. (Ord. No. 90-40, § 1(20.240.10-20.240.70), 2-27-90; Ord. No. 92-133, § 4, 4-21-92; Ord. No. 93-185, § 1, 8-17-93) Cross reference —Process II review requirements, § 22-431 et seq. Secs. 18-52-18-70. Reserved. DIVISION 3. CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS Sec. 18-71. Adoption of regulations. The city adopts the following sections of WAC ch. 197-11, by reference: (1) 197-11-300 Purpose of this part. (2) 197-11-305 Categorical exemptions. (3) 197-11-310 Threshold determination re- quired. (4) 197-11-315 Environmental checklist. (5) 197-11-330 Threshold determination pro- cess. (6) 197-11-335 Additional information. (7) 197-11.340 Determination of nonsignifi- cance (DNS). (8) 197-11-350 Mitigation determination of non - significance. (9) 191-11-360 Determination of significance (DS/scoping). (10) 197-11-390 Effect of threshold determina- tion. (Ord. No. 90-40, § 1(20.60), 2-27-90) Sec. 18.72: Timing. (a) Time estimates. The time estimates con- tained in this section apply when the city pro- cesses licenses, as defined by WAC 197-11-760, permits or approvals for private projects, and any governmental proposals submitted to the respon- sible official by other agencies or departments. The actual time may vary with the complexity of the project, cooperation of consulting agencies, availability of staff, etc., and time estimates shall not be construed to be mandatory. (b) Categorical exemptions. The city will nor- mally identify whether an action is categorically exempt within five working days of the date an applicant's complete application and checklist are submitted. (c) Threshold determinations. The city will nor- mally complete threshold determinations within the designated number of days after receipt of a complete application and checklist as follows: (1) When the threshold determination is based solely on review of the environmental check- list: 15 working days. (2) When further information is requested from applicant or consulting agency: a. Information will be requested within 15 working days. b. The city will normally wait no longer than 30 working days for a consulted agency to respond. c. The responsible official will normally complete the threshold determination within 15 working days of receiving the requested information. 3upp. No. 3 1070 ENVIRONMENTAL PROTECTION § 18.122 (3) The denial is based on one or more policies (d) The city adopts by reference the following identified in section 18-122 and identified city codes, ordinances, resolutions, plans and pol- in writing in the decision document. icies as now exist or as may hereinafter be (Ord. No. 90-40, § 1(20.220.10, 20.220.20), 2-27-90) amended: Sec. 18.122. State Environmental Policy Act policies. (a) The policies and goals set forth in this ar- ticle are supplementary to those in the existing authorization of the city. (b) The city designates and adopts by reference the policies in this section as the basis for the city's exercise of authority under this article. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, pro- grams, and resources to the end that the state and its citizens may: (1) Fulfill the responsibilities of each genera- tion as trustee of the environment for suc- ceeding generations; (2) Assure for all people of the state safe, healthful, productive, and aesthetically and culturally pleasing surroundings; (3) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesir- able and unintended consequences; (4) Preserve important historic, cultural, and natural aspects of our national heritage; (5) Maintain, wherever possible, an environ- ment which supports diversity and variety of individual choice; (6) Achieve a balance between population and resource use which will permit high stan- dards of living and a wide sharing of life's amenities; and (7) Enhance the quality of renewable resources and approach the maximum attainable re- cycling of depletable resources. (c) The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a respon- sibility to contribute to the preservation and en- hancement of the environment. (1) The Federal Way Comprehensive Plan; (2) The Zoning Code and the Official Zoning Map; (3) The Subdivision Ordinance; (4) The Shoreline Management Ordinance; (5) Ordinances relating to Surface Water Runoff, Ordinance Number 90-31 and Sur- face Water Management, Ordinance Number 90-32; (6) The ordinance entitled "Methods to Miti- gate Development Impacts"; (7) The Federal Way Water and Sewer District Water System Plan 1991; (8) The Federal Way Comprehensive Parks, Recreation, and Open Space Plan; (9) The King County Fire Protection District Number 39 Long Range Plan; (10) The Federal Way School District Number 210 Capital Facilities Plan; (11) The Federal Way Interim City Improve- ment Plan; (12) The Federal Way Solid Waste Management Plan, Ordinance Number 90-73; (13) The Federal Way Recycle Plan, Resolution Number 91-86; (14) The Federal Way Transportation Improve. ment Plan, Resolution Number 91-67; (15) The Federal Way Hazardous Waste Man. agement Plan, Resolution Number 90-27; (16) The Federal Way Surface Water Manage. ment Plan, Ordinance Number 90-31; (17) The Federal Way Private Utility Element; (18) The King County Countywide Planning Pol- icies, to the extent currently adopted by the Federal Way City Council, and as may be adopted hereafter. Supp. No. 4 1077 § 18-122 FEDERAL WAY CITY CODE (19) The 1992 King County Comprehensive Solid Waste Management Plan, as it now exists or may hereafter be amended. (Ord. No. 90-40, § 1(20.230.10, 20.230.20), 2-27-90; Ord. No. 91-109, § 2, 9-17-91; Ord. No. 91-114, § 3, 12-3-91; Ord. No. 92-130, § 3, 3-17-92; Ord. No. 92-136, § 3, 4-21-92; Ord. No. 92-137, § 1, 5-5-92; Ord. No. 92-140, § 3, 6-2-92; Ord. No. 93-184, § 1, 8-17-93; Ord. No. 93-202, § 1, 12-21-93) Secs. 18.123-18.140. Reserved. DIVISION 6. ENVIRONMENTALLY SENSITIVE AREAS Sec. 18.141. Designation of areas. (a) The following areas of the environment are designated as environmentally sensitive areas pur- suant to RCW 36.70A.060 and WAC 197-11-908: (1) Aquifer recharge areas; (2) Fish and wildlife habitat conservation areas; (3) Frequently flooded areas; (4) Geologically hazardous areas; (5) Wetlands; and (6) Streams. (b) For each of these environmentally'sensitive 'teas, the responsible official shall use city codes, ordinances, resolutions, plans and policies identi- fied in section 18-122 to preclude land uses and development which are incompatible with these areas. (Ord. No. 90-40, § 1(20.280.10), 2-27-90; Ord. No. 91-105, § 6(20.280.10), 8-20-91; Ord. No. 93-192, § 2, 11.9.93) Sec. 18.142. Portfolio. (a) The environmentally sensitive areas port- folio, comprised of maps and documents, gener- ally designates the location of environmentally sensitive areas within the city and is adopted by reference. (b) Areawide inventories and documents com- prising the environmentally sensitive areas port- folio may not identify all environmentally sensi- tive areas designated under this section. Whether mapped or not, the provisions of this division will apply to all designated environmentally sensitive areas located within the city. Whenever there is evidence of an environmentally sensitive area lo- cated within or in proximity to a nonexempt ac- tion, the responsible official may require a special study to determine the extent such environmen- tally sensitive area may exist. (Ord. No. 90-40, § 1(20.280.10), 2-27-90; Ord, No. 91-105, § 6(20.280.10), 8-20-91) Sec. 18-143. Exemptions. (a) For each environmentally sensitive area, the exemptions within WAC 197-11-800 that are in- applicable for that area are: (1) WAC 197-11-800(1) Minor new construc- tion, flexible threshold. (2) WAC 197-11-800(2)(a)—(g) Other minor new construction. (3) WAC 197-11-800(6)(a) Minor land use deci- sions, short plat approval. (4) WAC 197-11-800(24)(a, d, g) Utilities. (b) Unidentified exemptions shall continue to apply within environmentally sensitive areas of the city. (c) As provided in WAC 197-11-800(3)(0, cer- tain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. (Ord. No. 90-40; § 1(20.280.10-20.28030), 2-27-90; Ord. No. 91-105, § 6(20.280.10), 8-20-91) Sec. 18-144. Treatment of proposals. The city shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this chapter except as stated in section 18-143. A threshold determination shall be made for all such proposals. The city shall not automatically re- quire an environmental impact statement for a proposal merely because it is proposed for location in an environmentally sensitive area. (Ord. No. 90-40, § 1(20.280.20), 2-27-90) Secs. 18-145-18.160. Reserved. 4tY Supp. No. 4 1078 ENVIRONMENTAL PROTECTION ARTICLE III. SHORELINE MANAGEMENT* Sec. 18.161. Purpose and authority. The city adopts these regulation under the au- thority of the Shoreline Management Act of 1971, RCW ch. 90.58, as amended, and the Shoreline Management Guidelines, WAC ch. 173-14. (Ord. No. 90-38, § 1(24.10), 2-27-90) Sec. 18.162. Shoreline master program. (a) The city adopts by reference the following portions of King County Ordinance No. 3692, Shoreline Master Program (goals, objectives and policies), one copy of which is on file with the of- fice of the city clerk: (1) Master program elements. (2) Shoreline environments. (3) Shoreline use activities. (b) The city adopts by reference portions of the King County Code, Title 25, Shoreline Manage- ment as follows, one copy of which is on file with the city clerk: (1) Chapter 25.04, Purpose, title, scope. (2) Chapter 25.08, Definitions. (3) Chapter 25.12, Environment designations. (4) Chapter 25.16, Urban environment. (5) Chapter 25.20, Rural environment. (6) Chapter 25.24, Conservancy environment. (7) Chapter 25.28, Natural environment. (Ord. No. 90-38, § 1(24.20.10) 24.20.20), 2-27-90) Sec. 18-163. Jurisdiction. (a) The provisions of this article shall apply to all development proposed within the areas de- fined as shorelines in RCW 90.58.020(d), and shore- lines of statewide significance in RCW 90.58.030(e). The approximate location of these "Cross references —Regulations regarding structures built over water, § 8-54; requirements for drainage review, § 21-87; supplementary zoning district regulations, § 22-946 et seq. State law reference —Shoreline management act, RCW 90.58.030. § 18-166 shorelines shall be designated on maps maintained by the department of community development; however, the property owner or applicant shall be responsible for determining the exact location of the shoreline when a permit is filed. (b) No development shall be undertaken by any person on the shorelines of the state without ob- taining a substantial development permit from the department of community development; pro- vided, that a permit shall not be required for de- velopment exempted from the definition of sub- stantial development in RCW 90.58.030 and for developments exempted by RCW 90.58.140(9) and (10). (Ord. No. 90-38, § 1(24.30.10, 24.30.20), 2-27-90) Sec. 18.164. Application and public notice. An application for a substantial development permit shall be made to the department of com- munity development on forms prescribed by the department. Upon submittal of a complete appli- cation, and required fees, the department shall instruct the applicant to publish notices of the application at least once a week on the same day of the week for two consecutive weeks in a news- paper of general circulation within the city. The applicant shall also provide additional public no- tice as prescribed in process II, section 22-431 et seq. (Ord. No: 90-38, § 1(24.40), 2-27-90) Cross reference —Process II review requirements, § 22-431 et seq. Sec. 18.165. Procedure for review. The substantial development permit shall be reviewed under the provisions of process I, section 22-386 et seq. and the director of community de- velopment shall be the final approval authority for the permit. (Ord. No. 90-38, § 1(24.50), 2-27-90) Cross reference —Process I review requirements, § 22.386 et seq. Sec. 18.166. Shoreline variance. (a) The purpose of a shoreline variance is to grant relief to specific bulk, dimensional or per- formance standards set forth in the shoreline master program, and where there is an extraor- dinary or unique circumstance relating to the prop- Supp. No. 3 1079 § 18-166 FEDERAL WAY CITY CODE erty such that the strict implementation of the shoreline master program would impose unneces- sary hardship on the applicant or thwart the pol- icies of the Shoreline Management Act. (b) When a variance is requested, the substan- tial development permit and the variance shall be reviewed under the provisions of process II, sec- tion 22-431 et seq., and the hearing examiner shall be the final approval authority. (c) A variance from the standards of the master program may be granted only when the applicant can demonstrate that all the following conditions will apply: (1) That the strict requirements of the bulk, dimensional or performance standards set forth in the master program precludes or significantly interferes with a reasonable use of the property not otherwise prohib- ited by the master program; (2) That the hardship described above is spe- cifically related to the property, and is the result of unique conditions such as irreg- ular lot shape, size, or natural features, and the application of the master program, and not for example, from deed restriction or the applicant's own actions; (3) That the design of the project will be com- patible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline en- vironment; (4) That the variance authorized does not con- stitute a grant of special privilege not en- joyed by other properties, and will be the minimum necessary to afford relief; (5) That the public interest will suffer no sub- stantial detrimental effect; (6) That the public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance when the proposal is for development lo- cated waterward of the ordinary high-water mark, or within marshes, bogs or swamps; and (7) That consideration has been given to the cumulative effect of like actions in an area where similar circumstances exist, and whether this cumulative effect would be consistent with shoreline policies or would have substantial adverse effects on the shoreline. (d) Shoreline variances may not be used to permit a use that is specifically prohibited in an environment, or to vary uses permitted within an environmental designation. (Ord. No. 90-38, § 1(24.60.10-24.60.40), 2-27-90) Cross reference —Process II review requirements, § 22.431 et seq. Sec. 18-167. Conditional uses. (a) Conditional use permits are allowed to pro- vide greater flexibility in varying the application of the use regulations of the shoreline master pro- gram in a manner which will be consistent with the policies of RCW ch. 90.28, particularly where denial of the application would thwart the poli- cies of the Shoreline Management Act. (b) When a conditional use is requested, the sub- stantial development permit and the conditional use shall be reviewed under the provisions of pro- cess III, section 22-476 et seq., and the city council shall be the final approval authority. (c) Conditional uses have unique and special characteristics which require a special degree of control to make the uses compatible with other existing or permitted uses in the same environ- ment, and to assure that the use is in the public interest. In authorizing a conditional use permit, special conditions may be attached to the permit by the city council to prevent undesirable effects or mitigate environmental impacts of the pro- posed use. (d) Conditional use permits shall be authorized only when they are consistent with the following criteria: (1) The proposed use is consistent with the pol- icies of RCW 90.58.020 and the policies of the master program; (2) The use will not interfere with normal public use of surface waters; (3) The use will cause no unreasonable adverse effects on the shoreline or surrounding prop- Supp. No. 3 1080 ENVIRONMENTAL PROTECTION erties or uses, and is compatible with other permitted uses in the area; (4) The public interest will suffer no substan- tial detrimental effect; (5) Consideration has been given to cumula- tive impact of additional request for like actions in the area. (e) Other uses not set forth in the shoreline master program may be authorized through a con- ditional use permit if the applicant can demon- strate that extraordinary circumstances preclude reasonable use of the property; however, uses spe- cifically prohibited by the master program may not be authorized. (Ord. No. 90-38, § 1(24.70.10-24.70.50), 2-27-90) Cross reference —Process III review requirements, § 22-476 et seq. Sec. 18-168. Final approval of substantial de- velopment permits. (a) The director of community development shall notify the following agencies or persons within five days of the final approval of a substan- tial development permit and any variances or con- ditional uses granted: (1) The applicant; (2) The state department of ecology; (3) The state attorney general; (4) Any person who has submitted written com- ments on the application; (5) Any person who has requested notification in writing prior to final approval of the permit. (b) No work may commence on a site requiring a substantial development permit until 30 days following the date of receipt of the substantial development permit by the state department of ecology, and written notification has been received from the department of ecology that the review period has been completed. (Ord. No. 90-38, § 1(24.80.10, 24.80.20), 2-27-90) Sec. 18.169. Combined hearing authority. In those cases when development proposed in the shorelines may require a public hearing under § 18.170 the authority of other chapters of this Code, the hearings may be combined. (Ord. No. 90-38, § 1(24.90), 2-27-90) Sec. 18.170. Alteration or reconstruction of nonconforming use or develop. ment. (a) Applications for substantial development or building permits to modify a nonconforming use or development may be approved only if: (1) The modifications will make the use or de- velopment less nonconforming; or (2) The modifications will not make the use or development more nonconforming. (b) A use or development, not conforming to ex- isting regulations, which is destroyed, deterio- rated, or damaged more than 75 percent of its fair market value may be reconstructed only consis- tent with regulations set forth in this article. (Ord. No. 90-38, § 1(24.100), 2-27-90) Supp. No. 3 1081 [The next page is 11291 .4r' Chapter 173-27 WAC SHORELINE MANAGEMENT PERMIT AND ENFORCEMENT PROCEDURES WAC PART I [Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE (Order 95-17), § 173-27-010, filed 9130/96, effective 10/31/96.1 173-27-010 Authority. 173-27-020 Purpose. 173-27-030 Definitions. 173-27-040 Developments exempt from substantial development permit requirement. 173-27-050 Letter of exemption. 173-27-060 Applicability of chapter 90.58 RCW to federal lands and 173-27-070 agencies- Application of the permit sysSem to substantial dcvelop- ment undertaken prior to the effective date of the 173-27-080 act. Nonconforming use and development standards. 173-27-090 Time requirements of permit. 173-27-100 Revisions to permits. 173-27-110 Notice required. 173-27-120 Special procedures for limited utility extensions and bulkheads. 173-27-130 Fling with department. 173-27-140 Review criteria for all development. 173-27-150 Review criteria for substantial dcvelopntcut 173-27-160 pe"m1m Review criteria for conditional use 173-27-170 '173-27-180 pemtits. Review criteria for variance perrttits. Application requirements for substantial development, conditional use, or variance permij. 173-27-190 PenTuts for substantial development, conditional use, or 173-27-200 vartanct, Department review of conditional use and variance 173-27-210 permits. Minimum standards for conditional use and variance 173-27-220 permits. Requests for review. PART 11 SHORELINE MANAGEMENT ACT ENFORCEMENT 173-27-240 Authority and purpose. 173-27-250 Definitions. 173-27-260 Policy, 173-27.270 Order to cease and desist 173-27-290 Civil penalty. 173-27.290 Appeal of civil penalty. 173-27-300 Criminal penalty. 173-27-310 Oil or natural gas exploration —Penalty. 173-27-990 Appendix A. PART I PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE WAC 173-27-010 Authority. The provisions of this Pa" implement the requirements of chapter 90.58 RCW, the Shoreline Management Act. Specifically, RCW 90-58.200 authorizes the adoption of rules as necessary to implement provisions of the act and RCW 90.58.140(3) requires that ~ department adopt rules for administration and enforce - at of the permit system established by the act. (9130/96) WAC 173-27-020 . Purpose. RCW 90.58.I40(3) requires local governments to establish a program, consistent with rules adopted by the department of ecology, for the administration and enforcement of the permit system for Shoreline management. The local program should be integrated with other local government systems for adminis- tration and enforcement of land use regulations. It is the intent of these regulations to provide minimum procedural requirements as necessary to comply with statutory require- ments while providing latitude for local government to establish procedural systems based on local needs and circumstances. It is also the intent of these regulations to provide for integration of the shore ine permit into a consoli- dated environmental review and permit process. This regulation is drafted to also reflect RCW 90.58.050 which provides that the Shoreline Management Act is intended to establish a cooperative program between local government and the state. According to this provision, local government shall have the primary responsibility for initiat- ing the planning required by the act and administering the regulatory program of shoreline management consistent with the policy and provisions of the act, whereas the department shall act primarily in a supportive and review capacity with an emphasis on providing assistance to local government and on insuring compliance with the policies and provisions of the Shoreline Management Act. [Statutory Authority: RCW 90.58.140(3) and [90.581.200. 96-20-075 (Order 95-17), § 173-27-020, filed 9/30196, effective 10/31/96.1 WAC 173-27-030 Definitions. The following definitions shall apply: (1) "Act" means chapter 90.58 RCW, the Shoreline Management Act of 1971, as amended; (2) "Applicable master program" means the master Program approved or adopted by the department pursuant to RCW 90.58.090(6) or 90.58.190(4) prior to acceptance of a complete application by local government; (3) "Average grade level" means the average of the natural or existing topography of the portion of the lot, parcel, ar tract of real property which will be directly under the proposed building or structure: In the case of structures to be built ❑ver water, average grade level shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the Proposed building or structure; (4) "Conditional use" means a use, development, or substantial development which is classified as a conditional use or is not classified within the applicable master program; [Ch. 173-27 WAC-p. 1] 173-27-030 Shoreline Management —Permits and Enforcement (5) "Department" means the department of ecology; (6) "Development" means a use consisting of the 'instruction or exterior alteration of structures; dredging; ,rifling; dumping; filling; removal of any sand, gravel, or minerals: bulkheading; driving of piling; placing of obstruc- tions; or any project of a perntanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the act at any stage of water level; (7) "Exempt" developments are those set forth in WAC 173-27-040 and RCW 90.58.030 (3)(e), 90.58.140(9), 90.58.147, 90.58.355, and 90.58.515 which are not required to obtain a substantial development permit but which must otherwise comply with applicable provisions of the act and the local master program; (8) "Fair market value" of a development is the open market bid price for conducting the work, using the equip- ment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials; (9) "Height" is measured from average grade level to the highest point of a structure: Provided, T hat television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except where such appurtenances hstruct the view of the shoreline of a substantial number of ;idences on areas adjoining such shorelines, or the applica- We master program specifically requires that such appurte- nances be included: Provided further, That temporary construction equipment is excluded in this calculation; (10) "Local government" means any county, incorporat- ed city, or town which contains within its boundaries any lands or waters subject to chapter 90.58 RCW; (11) "Natural or existing topography" means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, includ- ing excavation or filling; (12) "Party of record" includes all persons, agencies or organizations who have submitted written comments in response to a notice of application; made oral comments in a formal public hearing conducted on the application; or notified local government of their desire to receive a copy of the final decision on a permit and who have provided an address for delivery of such notice by mail; (13) "Permit" means any substantial development, variance, conditional use permit, or revision authorized under chapter 90.58 RCW; (14) "Public interest" means the interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development; (15) "Structure" means a permanent or temporary edifice ouilding, or any piece of work artificially built or com- posed of parts joined together in some definite manner, + k whether installed on, above, or below the surface of the ground or water, except for vessels; (16) "Transmit" means to send from one person or place to another by mail or hand delivery. The date of transmittal for mailed items is the date that the document is certified for mailing or, for hand -delivered items, is the date of receipt at the destination; (17) "Variance" is a means to grant relief from the specific bulk, dimensional or performance standards set forth in the applicable master program and not a means to vary a use of a shoreline; (18) "Vessel" includes ships, boats, barges, or any other floating craft which are designed and used for navigation and do not interfere with the normal public use of the water; (19) The definitions and concepts set forth in RCW 90.58.030, and chapters 173-25 and 173-26 WAC also apply as used in this chapter. [Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), § 173-27-030, filed 9/30/96, effective 10/31/96.] WAC 173-27-040 Developments exempt from substantial development permit requirement. (1) Applica- tion and iriterpretation of exemptions. (a) Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the substantial development permit process. (b) An exemption from the substantial development permit process is not an exemption from compliance with the act or the local master prognam, nor from any other regulato- ry requirements. To be authorized, all uses and develop- ments must be consistent with the policies and provisions of the applicable master program and the Shoreline Manage- ment Act. A development or use that is listed as a condi- tional use pursuant to the local master program or is an unlisted use, must obtain a conditional use permit even though the development or use does not require a substantial development permit. When a development or use is pro- posed that does not. comply with the bulk, dimensional and performance standards of the master program, such develop- ment or use can only be authorized by approval of a vari- ance. (c) The burden of proof that a development or use is exempt from the permit process is on the applicant. (e �a]a:g exrtxn i►l g.?!;*ttAolt�qePAASkR§-1..0 the apprgvat,mf;exempted�de;1-",T—,— en-ts -a dfor.._ necessary ure i to. assvtisistcncy-of=tlie°prajt�ct'�WW'thd a"d`{ lb14cal master�pfdi4g rtz.�, 0)_Tile fallowing developments shall not require substantial development permits: (a) Any development of which the total cost or fair market value, whichever is higher, does not exceed two thousand five hundred dollars, if such development does not materially interfere with the normal public use of the water or shorelines of the state. For purposes of determining whether or not a permit is required, the total cost or fair market value shall be based an the value of development that is occurring on shorelines of the state as defined in RCW [Ch. 173-27 WAC—p. 21 (9/30/96) Shoreline Management —Permits and Enforcement 173-27-080 other requirements of the applicable master program and the act. [Statutory Authority: RCW 90.58.140(3) and [90.581.200. 96-20-075 (Order 95-17), § 173-27-080, filed 9/30/96, effective 10/31/96.] WAC 173-27-090 Time requirements of permit. The following time requirements shall apply to all substantial development permits and to any development authorized pursuant to a variance or conditional use permit. (1) Upon a finding of good cause, based on the require- ments and circumstances of the project proposed and consistent with the policy and provisions of the master program and the act, local government may adopt appropri- ate time limits as a part of action on a substantial develop- ment permit and local government, with the approval of the department, may adopt appropriate time limits as a part of action on a conditional use or variance permit: "Good cause based on the requirements and circumstances of the project," shall mean that the time limits established are reasonably related to the time actually necessary to perform the develop- ment on the ground and complete the project that is being permitted, and/or are necessary for the protection of shore- line resources. (2) Where neither local government nor the department include specific provisions establishing time limits on a permit as a part of action on the permit, the following time limits shall apply; (a) Construction shall be commenced or, where no construction is involved, the use or activity shall be com- menced within two years of the effective date of a shoreline permit. Provided, that local government may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been hied before the expiration date and notice of the proposed extension is given to parties of record and the department. (b) Authorization to conduct development activities shall terminate five years after the effective date of a shoreline permit. Provided, that local government may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and the department. (3) The effective date of a shoreline permit shall be the date of the last action required on the shoreline permit and all other government permits and approvals that authorize the development to proceed, including all administrative and legal actions on any such permit or approval. It is the responsibility of the applicant to inform the Iocal government of the pendency of other permit applications filed with agencies other than the local government and of any related administrative and legal actions on any permit or approval. If no notice of the pendency of other permits or approvals is given to the local government prior to the date established by the shoreline permit or the provisions of this section, the expiration of a permit shall be based on the shoreline permit. (4) When permit approval is based on conditions, such conditions shall be satisfied prior to occupancy or use of a tincture or prior to commencement of a nonstructural activity: Provided That an alternative compliance limit may be specified in the permit. be au uirze a er angina Perrin a 7 ❑rrzation as expire under subsection (2) of this section: Provided, That this procedure shall not be used_ to extend the original permit time requirements or to authorize substantial development after the time limits of the original permit. (6) Local government shall notify the department in writing of any change to the effective date of a permit, as authorized by this section, with an explanation of the basis for approval of the change. Any change to the time limits of a permit other than those authorized by this section shall require a new permit application. [Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17). § 173-27-090, filed 9130/96. effective 10/31/96.1 WAC 173-27-100 Revisions to permits. A permit revision is required whenever the applicant proposes substan- tive changes to the design, terms or conditions of a project from that which is approved in the permit. 'Qh"-ges,are su bstantive•i f 7hbY"tiiate'i alty=. aiter.qh&,plydje'OTrynxg4inanner that relates to its conformance to the terms and conditions of the permit, the master program and/or the policies and Provisions of chapter 90.58 RCW, Changes which are not substantive in effect do not require approval of a revision. When an applicant seeks to revise a permit, local government shall request from the applicant detailed plans and text describing the proposed changes. (1) if local government determines that the proposed changes are within the scope and intent of the original permit, and are consistent with the applicable master program and the act, local government may approve a revision. (2) "Within the scope and intent of the original permit" means all of the following: (a) No additional over water construction is involved except that pier, dock, or float construction may be increased by five hundred square feet or ten percent from the provi- sions of the original permit. whichever is less; (b) Ground area coverage and height may be increased a maximum of ten percent from the provisions of the original permit; (c) The revised permit does not authorize development to exceed height, lot coverage, setback, or any other require- ments of the applicable master program except as authorized under a variance granted as the original permit or a part thereof; (d) Additional or revised landscaping is consistent with any conditions attached to the original permit and with the applicable master program; (e) The use authorized pursuant to the original permit is not changed; and (f) No adverse environmental impact will be caused by the project revision. (3) Revisions to permits may be authorized after original permit authorization has expired under WAC 173-27-080(2). The purpose of such revisions shall be limited to authoriza- d0n of changes which are consistent with this section and which would not require a permit for the development or change proposed under the terms of chapter 90.58 RCW, this regulation and the local master program. If the proposed change constitutes substantial development then a new [Ch. 173-27 WAC-p. 7] 173-27-100 Shoreline Management —Permits and Enforcement permit is required. Provided, this subsection shall not be used to extend the time requirements or to authorize substan- tial development beyond the time limits of the original permit. (4) If the sum of the revision and any previously approved revisions under former WAC 173-14-064 or this section violate the provisions in subsection (2) of this section, local government shall require that the applicant apply for a new permit. (5) The revision approval, including the revised site plans and text consistent with the provisions of WAC 173- 27-180 as necessary to clearly indicate the authorized changes, and the final ruling on consistency with this section shall be filed with the department. In addition, local government shall notify parties of record of their action. (6) If the revision to the original permit involves a conditional use or variance, local government shall submit the revision to the department for the department's approval, approval with conditions, or denial, and shall indicate that the revision is being submitted under the requirements of this subsection. The department shall render and transmit to local government and the applicant its final decision within fifteen days of the date of the department's receipt of the submittal from local government. Local government shall notify parties of record of the department's final decision. (7) The revised permit is effective immediately upon final decision by local government or, when appropriate under subsection (6) of this section, upon final action by the department. (8) Appeals shall be in accordance with RCW 90.58.180 -ind shall be filed within twenty-one days from the date of xeipt of the local government's action by the department or, when appropriate under subsection (6) of this section, the date the department's final decision is transmitted to local government and the applicant. Appeals shall be based only upon contentions of noncompliance with the provisions of subsection (2) of this section. Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit is at the applicant's own risk until the expiration of the appeals deadline. If an appeal is successful in proving that a revision is not within the scope and intent of the original permit, the decision shall have no bearing on the original permit. [Statutory Authority: RCW 90.58.140(3) and [90.581.200. 96-20-075 (Order 95-17). § 173-27-100, filed 9/30/96, effective 10/31/96.) WAC 173-27-110 Notice required. (1) Local government shall develop and adopt a system which provides for notification of the public, -the department and other agencies with jurisdiction of applications for a shoreline _Dwiag-ement substantial development, conditional use, or variance p —mu o cation pursuant to this section may be carried out as a part of an integrated local permit notification procedure. (2) The system shall assure that notice of application shall be provided within fourteen days after the determina- tion of completeness as provided in RCW 36.70B.070 and WAC 173-27-180, and include the following in whatever •quence or format the local .government deems appropriate: WAC 173-27-120 Special procedures for limited utility extensions and bullheads. (1) An application for a substantial development permit for a limited utility extension (9/30 M 40 2 (a) The date of application, the date of the notice of completion for the application, and the date of the notice of application; (b) A description of the -proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70B.070, 36.70B.090 and WAC 173-27-180. (c) The identification of other permits not included in the application to the extent known by the local govemmenr, (d) The identification of existing environmental docu- ments that evaluate the proposed project, and, if not other- wise stated on the document providing the notice of applica- tion, such as a city [and use bulletin, the location where the applic Lion and an . studies can be reviewed; (e) " .. r'R Aic pJAt i6-jR%0I .tom., ch shal {r([?(?ls?(hiiittyaYsjo notice of application, and statements of the rig o 'a person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights. A local government may accept public comments at any time prior to the closing of the record of an open record predecision heating, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit; (f) The date, time, place, and type of hearing, if applica- ble and scheduled at the date of notice of the application; (g) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency; and (h) Any other information determined appropriate by the local government. (3) If an open record predecision hearing, as defined in RCW 36.70B.020. is required for the requested project permits, the notice of application shall be provided at least fifteen days prior to the open record hearing. (4) The notification system shall assure that notice to the general public and property owners in the vicinity of such application is given by at least one of the following methods: (a) Mailing of the notice to the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of.the boundary of the property upon which the development is proposed; (b) Posting of the notice in a conspicuous manner on the property upon which the project is to be undertaken; or (c) Any other manner deemed appropriate by local authorities to accomplish the objectives of reasonable notice to adjacent landowners and the public. (5) The notification system shall provide for timely notification of individuals and organizations that request such notice in writing. (6) The notification system shall provide notice to all agencies with jurisdiction per chapter 43.21C RCW and to all other agencies that request in writing any such notice. [Statutory Authority: RCW 90.58.140(3) and t90.581.200. 96-20-075 (Order 95-17), § 173-27-110, filed 9/30/96, effective 10/31/96.1 i Shoreline Management —Permits and Enforcement 173-27420 or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant struc- tures from shoreline erosion shall be subject to all of the requirements of this chapter except that the following time periods and procedures shall be used: (a) The public comment period shall be twenty days. The notice provided shall state the manner in which the public may obtain a copy of the local government decision on the application no later than two days following its issuance; (b) The local government shall issue its decision to grant or deny the permit within twenty-one days of the last day of the comment period specified in subsection (2)(a) of this section; and (c) If there is an appeal of the decision to grant or deny the permit to the local government legislative authority, the appeal shall be finally determined by the legislative authority within thirty days. (2) For purposes of this section, a limited utility extension means the extension of a utility service that: (a) Is categorically exempt under chapter 43.21C RCW for one or more of the following: Natural gas, electricity, telephone, water, or sewer; (b) Will serve an existing use in compliance with this chapter; and (c) Will not extend more than two thousand five hundred linear feet within the shorelines of the state. [Statutory Authority: RCW 90.58.140(3) and [90.581.200. 9&20-075 (Order 95-17), § 173-27-120, filed 9/30196, effective 10/31/96.] WAC 173-27-130 Filing with department, (1) All applications for a permit or a permit revision shall be submitted to the department upon a final decision by local government. Final decision by loc�ovemmn nt shall mean the order or ruling, whether it_be an aprova or aI, whis;h is �siahlis�j focal adminisdrative appea s related to—hc_pesmi> ve concIuded or the v tttamty to initiate such appeals have lapsed. (2) When a substantial development permit and a conditional use or variance permit are required for a devel- opment, the submittal on the permits shal] be made concur- rently. (3) A complete. submittal shall consist of the following documents and information: (a) A copy of the complete application pursuant to WAC .173-27-180; (b) Findings and conclusions that establish the basis for the decision including but not limited to identification of shoreline environment designation, applicable master program Policies and regulations and the consistency of the project with appropriate review criteria for the type of permit(s) as established in WAC I73-27-140 through 173- 27-170; (c) The final decision of the local government; and (d) The permit data sheet required by WAC 173-27-190; (e) Where applicable, local government shall also file F the applicable documents required by chapter 43.21C RCW, %A to State Environmental Policy Act, or in lieu thereof, a statement summarizing the actions and dates of such actions taken under chapter 43.21C RCW. (4) When the project has been modified in the course of the local review process, plans or text shall be provided to the department that clearly indicate the final approved plan. (5) Submittal of substantial development permits, conditional use permits, variances, rescissions and revisions is complete when all of the documents required pursuant to subsections (3) and (4) of:this section have been received by the department. if the department determines that the submittal does not contain all of the documents and infomia- tion required by this section, the department shall identify the deficiencies and so notify local government and the applicant in writing. The submittal and permit are void unless and until the material requested in writing is submit- ted to the department. (6) "Date of filing" of a local government final decision involving approval or denial of a substantial development permit, or involving a denial of a variance or conditional use Permit, is the date of actual receipt of a complete submittal by the department. (7) "Date of filing" of a permit for a conditional use or variance approved by local government, and such permits which also involve concurrent submittal by local government of a substantial development permit, is the date of transmittal of the department's final decision on the variance or condi- tional use permit to local government and the applicant. (8) The department shall provide a written notice to the local government and the applicant of the "date of filing." (9) When a permit has been appealed pursuant to RCW 90.58.180. upon conclusion of all review proceedings, a copy of the final order shall be provided to the local government and the department. When the project has been modified in the course of the review proceeding, plans or text shall be provided to the local government, consistent with the Provisions of WAC 173-27-180, that clearly indicate the final approved plan and the local government shall reissue the permit accordingly and submit a copy of the reissued permit and supporting documents consistent with subsection (3) of this section to the department for completion of the file on the permit. The purpose of this provision is to assure that the local and department files on the permit are com- plete and accurate and not to provide a new opportunity for appeal of the permit. [Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), § 173-27-130. filed MGM, effective 10/31/96.) WAC 173-27-140 Review criteria for all develop- ment. (1) No authorization to undertake use or development on shorelines of the state shall be granted by the local government unless upon review the use or development is determined to be consistent with the policy and provisions of the Shoreline Management Act and the master program, (2) No permit shall be issued for any new or expanded building or structure of more than thirty-five feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where a master program does not prohibit the same and then only when overriding considerations of the public interest will be served. [Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), § 173-27-140, filed 9/30/96. effective 10/31/96.1 (9/30/96) [Ch. 173-27 WAC—p. 9] 173-27-150 Shoreline Management —Permits and Enforcement WAC 173-27-150 Review criteria for substantial development permits. (1.) A substantial development permit shall be granted only when the development proposed is consistent with: (a) The policies and procedures of the act; (b) The provisions of this regulation; and (c) The applicable master program adopted or approved for the area. Provided, that where no master program has been approved for an area, the development shall be re- viewed for consistency with the provisions of chapter 173-26 WAC, and to the extent feasible, any draft or approved master program which can be reasonably ascertained as representing the policy of the local government. (2) Local government may attach conditions to the approval of permits as necessary to assure consistency of the project with the act and the local master program. [Statutory Authority: RCW 90.58.140(3) and (90.58].200. 96-20-075 - (Order 95-17), § 173-27-150, filed 9/30✓96, effective 10/31/96.] WAC 173-27-160 Review criteria for conditional use permits. The purpose of a conditional use permit is to provide a system within the master program which allows flexibility in the application of use regulations in a manner consistent with the policies of RCW 90.58.020. In authoriz- ing a conditional use, special conditions may be attached to the permit by local government or the department to prevent undesirable effects of the proposed use and/or to assure consistency of the project with the act and the local master program. (1) Uses which are classified or set forth in the applica- ble master program as conditional uses may be authorized provided that the applicant demonstrates all of the following: (a) That the proposed use is consistent with the policies of RCW 90.58.020 and the master program; (b) That the proposed use will not interfere with the normal public use of public shorelines; (c) That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the compre- hensive plan and shoreline master program; • (d) That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and (e) That the public interest suffers no substantial detrimental effect. (2) In the granting of all conditional use permits, consideration shall be given to the cumulative impact of adtiivnal requests for like actions in the area. For example, C ditional use permits were granted for other develop- i t5 in the area where similar circumstances exist, the total of:,t)10 conditional uses shall also remain consistent with the ;policies of RCW 90.58.020 and shall not produce substantial veise effects to the shoreline environment. ?.0). Other uses which are not classified or set forth in livable master program may be authorized as condi- provided the applicant can demonstrate consisten- uirements of this section and the requirements uses contained in the master program. hick. ificall are spec y prohibited by the master authorized pursuant to either subsection [Statutory Authority: RCW 90.58.140(3) and (90.581.200. 96-20-075 (Order 95-17), § 173-27-160, filed 9/30/96, effective 10/31/96.1 WAC 173-27-170 Review criteria for variance permits. The purpose of a variance permit is strictly limited to granting relief from specific bulk, dimensional or perfor- mance standards set forth in the applicable master program where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict implementation of the master program will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020.: (1) Variance permits should be granted in circumstances where denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect. (2) Variance permits for development and/or uses that will be located landward of the ordinary high water mark (OHWM), as defined in RCW 90.58.030 (2)(b), and/or landward of any wetland as defined in RCW 90.58.030 (2)(h), may be authorized provided the applicant can demonstrate all of the following: (a) That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes, or significantly interferes with, reason- able use of the property; (b) That the hardship described in (a) of this subsection is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not, for example, from deed restrictions or the applicant's own actions; (c) That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program and will not cause adverse impacts to the shoreline environment; (d) That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area; (e) That the variance requested is the minimum neces- sary to afford relief; and (f) That the public interest will suffer no substantial detrimental effect. (3) Variance permits for development and/or uses that will be located waterward of the ordinary high water mark (OHWM), as defined in RCW 90.58.030 (2)(b), or within any wetland as defined in RCW 90.58.030 (2)(h), may be authorized provided the applicant can demonstrate all of the following: (a) That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes all reasonable use of the property; (b) That the proposal is consistent with the criteria established under subsection (2)(b) through (f) of this section; and (c) That the public rights of navigation and use of the shorelines will not be adversely affected. (4) In the granting of all variance permits, consideration shall be given to the cumulative impact of additional • • s (9/30/96) Shoreline Management —Permits and Enforcement 173-27-170 requests for like actions in the area. For example if varianc- es were granted to other developments and/or uses in the area where similar circumstances exist the total of the variances shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial adverse effects to the shoreline environment. (5) Variances from the use regulations of the master program are prohibited. [Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17). § 173-27-170, filed 9/30/96, effective 10/31/96.) WOc. Npowwcomplete application for a substantial develop- ment, conditional use, or variance permit shall contain, as a minimum, the following information: (1) The name, address and phone number of the applicant. The applicant should be the owner of the property or the primary proponent of the project and not the represen- tative of the owner or primary proponent. (2) The name, address and phone number of the applicant's representative if other than the applicant. (3) The name, address and phone number of the property owner, if other than the applicant. (4) Location of the property. This shall, at a minimum, include the property address and identification of the section, township and range to the nearest quarter, quarter section or latitude and longitude to the nearest minute. All applications for projects located in open water areas away from land shall provide a longitude and latitude location. (5) Identification of the name of the shoreline (water body) that the site of the proposal is associated with. This should be the water body from which jurisdiction of the act over the project is derived. (6) A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project. (7) A general description of the property as it now exists including its physical characteristics and improvements and structures. (8) A general description of the vicinity of the proposed project including identification of the adjacent uses, struc- tures and improvements, intensity of development and physical characteristics. (9) A site development plan consisting of maps and elevation drawings, drawn to an appropriate scale to depict clearly all required information, photographs and text which shall include: (a) The boundary of the parcel(s) of land upon which the development is proposed. (b) The ordinary high water mark of all water bodies located adjacent to or within the boundary of the project. This may be an approximate location provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark the mark shall be located precisely and the biological and hydrological basis for the location as 1*�; indicated on the plans shall be included in the development plan. Where the ordinary high water mark is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline. (c) Existing and proposed land contours. The contours shall be at intervals sufficient to accurately determine the existing character of the property and the extent of proposed change to the land that is necessary for the development. Areas within the boundary that will not be altered by the development may be indicated as such and contours approxi- mated for that area. (d) A delineation of all wetland areas that will be altered or used as a part of the development. (e) A general indication of the character of vegetation found on the site. (f) The dimensions and locations of all existing and proposed structures and improvements including but not limited to; buildings, paved or graveled areas, roads, utilities, septic tanks and drainfields, material stockpiles or surcharge, and stormwater management facilities. (g) Where applicable, a landscaping plan for the project. (h) Where applicable, plans for development of areas on or off the site as mitigation for impacts associated with the proposed project shall be included and contain information consistent with the requirements of this section. (i) Quantity, source and composition of any fill material that is placed on the site whether temporary or permanent. G) Quantity, composition and destination of any exca- vated or dredged material. (k) A vicinity map showing the relationship of the property and proposed development or use to roads, utilities, existing developments and uses on adjacent properties. 0) Where applicable, a depiction of the impacts to views from existing residential uses and public areas. (m) On all variance applications the plans shall clearly indicate where development -could occur without approval of a variance, the physical -features and circumstances on the property that provide a basis for the request, and the location of adjacent structures and uses. [Statutory Authority: RCW 90.5&140(3) and [90.581.200. 96-20-075 (Order 95-17), § 173-27-180, Filed 9/30/96, effective 10131/96.1 WAC 173-27-190 Permits for substantial develop- ment, conditional use, or variance. (1) Each permit for a substantial development, conditional use or variance, issued by local government shall contain a provision that construc- tion pursuant to the permit shall not begin and is not authorized until twenty-one days from the date of filing as defined in RCW 90.58.140(6) and. W.AC 173-21,-130, or until all review proceedings initiated within twenty-one days from the date of such filing have been terminated; except as provided in RCW 90.58.140 (5)(a) and (b). (2) Permits for substantial development, conditional use, or variance may be in any form prescribed and used by local government including a combined permit application form. Such forms will be supplied by local government. (3) A permit data sheet shall be submitted to the department with each shoreline permit. The permit data sheet form shall be as provided in Appendix A of this regulation. [Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17). § 173-27-190, filed 9/30/96, effective 10(31/96.] (9/30196) [Ch. 173-27 WAC—p. Ill 173-27-200 Shoreline Management —Permits and Enforcement WAC 173-27-200 Department review of conditional use and variance permits. (1) After local government approval of a conditional use or variance permit, local government shall submit the permit to the department for the department's approval, approval with conditions, or denial. The department shall render and transmit to local govern- ment and the applicant its final decision approving, approv- ing with conditions, or disapproving the permit within thirty days of the date of submittal by local government pursuant to WAC 173-27-110. (2) The department shall review the complete file submitted by local government on conditional use and variance permits and any other information submitted or available that is relevant to the application. The department shall base its determination to approve, approve with conditions or deny a conditional use permit or variance on consistency with the policy and provisions of the: act and, except as provided in WAC 173-27-210, the criteria in WAC 173-27-160 and 173-27-170. (3) Local government shall provide timely notification of the department's final decision to those interested persons having requested notification from local government pursuant to WAC 173-27-130. [Statutory Authority: RCW 90.58.140(3) and (90.581.200. 96-20-075 (Order 95-17), § 173-27-200, filed 9/30/96, effective 10/31/96.] WAC 173-27-210 Minimum standards for condl- tional use and variance permits. Pursuant to RCW 90.58.100(5) and 90.58.140(3), the criteria contained in WAC 173-27-160 and I73-27-170 for shoreline conditional 'ise and variance permits shall constitute the minimum riteria for review of these permits by local government and the department. Local government and the department may, in addition, apply the more restrictive criteria where they exist in approved and adopted master programs. [Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17). § 173-27-210, filed W30/96, effective 10/31/96.1 WAC 173-27-220 Requests for review. All requests for review of any final permit decisions under chapter 90.58 RCW and chapter 173-27 WAC are governed by the procedures established in RCW 90-58.180 and chapter 461- 08 WAC, the rules of practice and procedure of the shore- lines hearings board. [Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), § 173-27-220, filed 9/30✓%, effective 10131196.] PART H SHORELINE MANAGEMENT ACT ENFORCEMENT WAC 173-27.240 Authority and purpose. This part is adopted under RCW 90.58.200 and 90.58,210 to imple- ment the enforcement responsibilities of the department and local government under the Shoreline Management Act. The act calls for a cooperative program between local gover- ment and the state. It provides for a variety of means of tforcement, including civil and criminal penalties, orders to .use and desist, orders to take corrective action, and permit rescission. The following should be used in addition to other mechanisms already in place at the local level and does not preclude other means of enforcement. [Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 do (Order 95-17), § 173-27-240, filed 9/30/96, effective 10/31/96.] WAC 173-27-250 Definitions. The definitions contained in WAC 173-27-030 shall apply in this part also except that the following shall apply when used in this part of the regulations: (1) "PerTnit" means any form of permission required under the act prior to undertaking activity on shorelines of the state, including substantial development permits, varianc- es, conditional use permits, permits for oil or natural gas exploration activities, permission which may be required for selective commercial timber harvesting, and shoreline exemptions; and (2) "Exemption" means authorization from local government which establishes that an activity is exempt from substantial development permit requirements under WAC 173-27-040, but subject to regulations of the act and the local master program. [Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), § 173-27-250, filed 9/30/96, effective 10/31/96.] WAC 173-27-260 Policy. These regulations should be used by local government in carrying out enforcement responsibilities under the act, unless local government adapts separate rules to implement the act's enforcement provision. Enforcement action by the department or local govern- ment may be taken whenever a person has violated any provision of the act or any master program or other regula- tion promulgated under the act. The choice of enforcement action and the severity of any penalty should be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the existence or degree of bad faith of the persons subject to the enforcement action. [Statutory Authority: RCW 90.58:140(3) and [90.58].200. 96-20-075 (Order 9547), § 173-27-260, filed 9/30/96, effective 10/31/96.1 WAC 173-27-270 Order to cease and desist. Local government and/or the department shall have the authority to serve upon a person a cease and desist order if an activity being undertaken on shorelines of the state is in violation of chapter 90.58 RCW or the local master program. (1) Content of order. The order shall set forth and contain: (a) A description of the specific nature, extent, and time of violation and the damage or potential damage; and (b) A notice that the violation or the potential violation cease and desist or, in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty under WAC 173-27-280 may be issued with the order. (2) Effective date. The cease and desist order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed. (3) Compliance. Failure to comply with the terms of a cease and desist order can result in enforcement actions including, but not limited to, the issuance of a civil penalty. [Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), § 173-27-270, filed 9/30/96, effective 10131/96.] (9/30096) Title 25 SHORELINE MANAGEMENT Chapters: 25.04 Purpose - Title - Scope 25.08 Definitions 25.12 Environment Designations 25.16 Urban Environment 25.20 Rural Environment 25.24 Conservancy Environment 25.28 Natural Environment 25.32 Procedures '�" u'.)T A.7o e7Ep SHORELINE MANAGEMENT RECEIVED M AY 1 1990 CITY OF FEDERAL WAY BUILDING DEPT. CROSS-REFERENCE: For provisions regarding nondelinquenr- property tax ce=t-if_ca__on, see Ch. 4.68 of this code. 1012 (King County 12-87) PURPOSE - TITLE - SCOPE 25.04.010 - 25.04.050 Chapter 25.04 PURPOSE - TITLE - SCOPE Sections: 25.04.010 Purpose. 25.04.020 Citation. 25.04.030 Scope. 25.04.040 Liberal construction. 25.04.050 Relationship to other Ring County programs. 25.04.060 Severability. 25.04.010 Purpose. The purpose of this title is to implement the Shoreline Management Act of 1971 and to provide for the regulation of development which impacts those areas of Ring County under the jurisdiction of the Shoreline Management Act consistent with the policies of Section 2 of that act, WAC 173-16 and the goals, policies and objectives of the Ring County shoreline management master program. This title contains the regulations of Ring County's shoreline management master program and the procedures to implement those regulations. These regulations and procedures are consistent with and implement the goals, policies and objectives of Ring County's shoreline management master program which are contained in a separate document and adopted by ordinance. (Ord. 3688 § 101, 1978). 25.04.020 Citation. This title shall be known as the shoreline management code. (Ord. 3688 § 102, 1978). 25.04.030 Scope. A. No development shall be undertaken by any person on the shorelines of the state unless such development is consistent with the provisions of this title and the goals, policies and objectives of the master program. B. Development prohibited by this title but otherwise permitted by King County land use controls is prohibited only within the shorelines of the state. C. Development proposed on property adjacent to water bodies or wetlands under the jurisdiction of the Shoreline Management Act shall be evaluated 'in terms of the goals, policies and objectives of the master program. (Ord. 3688 § 103, 1978). 25.04.040 Liberal construction. This title is exempted from the rule of strict construction and shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. (Ord. 3688 § 104, 1978). 25.04.050 Relationship to other King County programs. Ring County shall issue no permit prior to approval pursuant to this title nor take no action contrary to the goals, policies, objectives and regulations of the King County shoreline management master program when property under the jurisdiction of the Shoreline Management Act is involved in a request for a decision in any of the following programs: A. Building permit; B. Right-of-way construction permit; C. Short subdivision; D. Grading permit; E. Site plan approval; 1013 (King County 12-81) 25.04.060 SHORELINE MANAGEMENT F. Access permit; G. Trail permit; H. State flood control zone permit; I. Zoning variance; J. Conditional use permit; K. Comprehensive plan amendment or addition; L. Zone reclassification; M. Unclassified use permit; N. Planned unit development approval; O. Subdivision approval. P. Mobile home park permit; Q. Mobile home permit; A. Recreational vehicle park permit. (Ord. 5317 § 17, 1981: Ord. 3688 § 105, 1978)• 25.04.060 Severability. If any provision of this title or the master program regulations and procedures hereby adopted or its application to any person or circumstance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this title or the master program. (Ord. 3688 § 106, 1978). Chapter 25.08 DEFINITIONS Sections: 25.08.010 Applicability of RCA and WAC definitions. 25.08.020 Access. 25.08.030 aquatic resource practices. 25.08.040 Average grade level. 25.08.050 Backf ill. 25.08.060 Backshore. 25.08.070 Beach feeding. 25.08.080 Berm. 25.08.090 Breakwater. 25.08.100 Bulkhead. 25.08.110 Class I beach. 25.08.120 Class II beach. 25.08.130 Class III beach. 25.08.140 Clearcut logging or clearcutting. 25.08.150 Department. 25.08.160 Development. 25.08.170 Director. 25.08.175 Dredging. 25.08.180 Earth material. 25.08.185 End Haul Construction. 25.08.190 Environment. 25.08.200 Excavation. 25.08.210 Float. 25.08.220 Floating home. 25.08.230 Groin. 25.08.240 Height. 25.08.250 Jetty. 25.08.260 Landfill. 7 S_ nA_ 77n r.; rrr,ra l DEFINITIONS 25.08.280 Lot. 25:08.285 Manager. 25.08.290 Master program. 25.09.300 Natural hatchery. 25.08.310 Nonconforming use or development. 25.08.320 Nonwater related use. 25.08.330 Normal protective bulkhead common to 25.08.340 Open space, required. 25.08.350 Ordinary high water mark. 25.08.360 Person. 25.08.370 Pier. 25.08.380 Port. 25.08.390 Recreational development. 25.084400 Redesignation. 25:08.410 Regeneration. 25.08.420 Residential development. 25.08.430 Riprap. 25.08.440 Sediment. 25.08.450 Selective cutting. 25.08.460 Shoreline management conditional use. 25.08.470 Shoreline management variance. 25.08.480 Shoreline protection. 25.08.490 Shorelines. 25.08.500 Shoreline setback. 25.08.510 Shorelines of statewide significance. 25.08.520 Shorelines of the state. 25.08.530 Side cast slopes. 25.08.540 Sign. 25.08.550 Slash. 25.08.560 Solid waste. 25.08.565 Stringer Bridge. 25.084570 Substantial development. 25.08.580 Utilities. 25.08.590 Water dependent use. 25.08.600 Water related use. 25.08.610 Wetlands. 25.08.010 - 25.08.030 single-family residences. 25.08.010 Applicability of RCW and WAC definitions. Unless otherwise defined in this chapter, the definitions contained in title 21 (the zoning code), RCW Chapter 90.58 and WAC 173-14 shall apply. (Ord. 3688 Ch. 2 (part), 1978) . 25.08.020 Access. A. Public Access. "Public access" means actual unobstructed access available to the general public from land to the ordinary high water mark or to the wetland directly abutting the ordinary high water mark. B. Limited Public Access. "Limited public access" means: 1. Actual physical access from land to the ordinary high water mark or to the wetland directly abutting the ordinary high water mark, such access being limited to specific groups of people or to certain regularly prescribed times; or 2. Visual access available to the general public to the shoreline and adjacent waterbody, such access being specifically provided for in the development of the site. (Ord. 3688 $ 201, 1978). 25.08.030 Aquatic resource practices. "Aquatic resource practices" means 25.08.030 - 25.08.100 SHORELINE MANAGEMENT the culture or farming of fin fish, shellfish, algae or other plants or =� animals in fresh or marine waters. Excluded from the definition of aquatic resource practices are related commercial or industrial uses such as wholesale or retail sales; or final processing, packing, or freezing. (Ord. 6511 S 1, 1983: Ord. 4222 S 1, 1979: Ord. 3688 S 202, 1978). 25,08.040 Average grade level. 'Average grade level" means the average of the natural or existing topography at the center of all exterior walls of a building or structure to be placed on a site; provided, that in the case of structures to be built over water, average grade level shall be the elevation of ordinary high water. (Ord. 3688 S 203, 1978). 25.08.050 Backfill. "Backfill" means the placement of earth material behind a retaining wall or structure. (Ord. 3688 S 204, 1978). 25.08.0.60 Backshore. "Backshore" means a berm, together with associated marshes or meadows on marine shores, landward of the ordinary high water mark which is normally above high tide level and has been gradually built up by accretion. (Ord. 3688 S 205, 1978). 25.08.070 Beach feeding. "Beach feeding" means landfill deposited on land or in the water to be distributed by natural water processes for the purpose of supplementing beach material. (Ord. 3688 S 206, 1978). 25.08.080 Berm. "Berm" means one or several linear mounds of sand and gravel generally paralleling the shore at or landward of the ordinary high water mark which are normally stable because of material size or vegetation. (Ord. '3688 S 207, 1978) . 25.08.090 Breakwater. "Breakwater" means an off -shore structure either floating or not which may or may not be connected to the shore, such structure being designated to absorb and/or reflect back into the water body the energy of the waves. (Ord. 3688 S 208, 1978). 25.08.100 Bulkhead. "Bulkhead" means a solid or open pile wall of rock, concrete, steel or timber or other :materials or a combination of tese materials erected generally parallel to and near the ordinary high water mark for the purpose of protecting adjacent wetlands and uplands from waves or currents. (Ord. 3688 S 209, 1978). 17;'M ('nilnhv q—A11 1016 DEFINITIONS 25.08.110 - 25.08.150 25.08.110 Class I beach. 'Class I beach' means a beach or shore having dependable, geologically fully developed, and normally dry backshore above high tide. (Ord. 3688 5 210, 1978). 25.08.120 Class II beach. "Class II beach' means a beach or shore having only marginally, geologically partially developed and not dependably dry backshore above high tide. (Ord. 3688 $ 211, 1978). 25.08.130 Class III beach. "Class III beach' means a beach or shore having no dry backshore available at high tide. (Ord. 3688 g 212, 1978). 25.08.140 Clearcut logging or clearcutting. •Clearcut logging' or "clearcutting" means the removal of the entire merchantable timber stand from an area. (Ord. 3688 $ 213, 1978). 25.08.150 Department. "Department' means the Department of Planning and Community Development. (Ord. 3688 $ 214, 1978). 1016-1 (Ring County 9-83) DEFINITIONS 25.08.160 - 25.08.280 25.08.160 Development. "Development" means any development as defined in RCW Chapter 90.58 as now or hereafter amended. (Ord. 3688 § 215, 1978). 25.08.170 Director. "Director" means the director of the Department of Planning and Community Development or his authorized designee. (Ord. 3688 § 216, 1978). 25.08.175 Dredging. "Dredging" is the removal, displacement, and/or disposal of unconsolidated earth material such as sand, silt, gravel, or other submerged materials, from the bottom of water bodies, ditches, or natural wetlands; maintenance dredging and/or support activities are included in this definition. (Ord. 5734 § 1, 1981). 215.08.180 Earth material. "Earth material" is rock, natural soil or combination thereof. (Ord. 3688 § 217, 1978). 25-08.185 End haul construction. "End haul construction" means the transportation of excess excavation material along the road surface to construct a road of balanced volumes of cut and fill. (Ord. 5734 § 1, 1981). 25.08.190 Environment. "Environment" or "master program environment" or "shoreline environment" means the categories of shorelines of the state established by the King County shoreline management master program to differentiate between areas whose features imply differing objectives regarding their use and future development. (Ord. 3688 § 218, 1978). 25.08.200 Excavation. "Excavation" means the artificial movement of earth material. (Ord. 3688 § 219, 1978). 25.08.210 Float. "Float" means a structure or device which is not a breakwater and which is moored, anchored, or otherwise secured in the waters of King County and which is not connected to the shoreline. (Ord. 3688 § 220, 1978). 25.08.220 Floating home. "Floating home" means a houseboat, boat or building constructed on a float, used in whole or in part for human habitation as a dwelling unit, and which is moored, anchored, or otherwise secured in waters within unincorporated King County. (Ord. 3688 § 221, 1978). 25.08.230 Groin. "Groin" means a barrier type structure extending from the backshore into the water across the beach. The purpose of a groin is to interrupt sediment movement along the shore. (Ord. 3688 § 222, 1978). 25.08.240 Height. "Height" shall be measured from average grade level to the highest point of a structure; provided, that appurtenances such as television antennas and chimneys shall not be used in calculating height. (Ord. 3688 § 223, 1978). 25.08.250 Jetty. "Jetty" means a artificial barrier used to change the natural littoral drift to protect inlet entrances from clogging by excess sediment. (Ord. 3688 § 224, 1978). 25.08.260 Landfill. "Landfill" is the placement of earth material by 1017 (King County 12-81) SHORELINE MANAGEMENT 25.08.260 - 25.08.280 artificial means. (Ord. 3688 § 225, 1978). 25.08.270 Littoral drift. "Littoral drift" means the natural movement of sediment along marine or lake shorelines by wave breaker action in response to prevailing winds. (Ord. 3688 § 226, 1978). 25.08.280 Lot. "Lot" means a legal building site that is described by reference to a recorded plat, by metes and bounds, or by section, township and range which has direct legal access to a street or has access to a street over an easement approved by the county, provided that an owner of all or a contiguous portion of .a plat which has been vacated consistent with the 1017-1 (King County 12-81) 25.08.280 - 25.08.380 SHORELINE MANAGEMENT provisions of state law shall have only one lot within the meaning of this title. (Ord. 3688 § 227, 1978). 25.08.285 Manager. "Manager" means the manager of the Building and Land Development Division or his authorized designee. (Ord. 5734 § 1,. 1981). 25.08.290 Master prograa. "Master program" means the comprehensive shoreline use plan for King County consisting of: A. The use regulations and procedures contained in this title; and B. The goals, objectives and policies of the King County shoreline management master program which are contained in a separate document and adopted by ordinance. (Ord. 3688 § 228, 1978). 25.08.300 Natural hatchery. "Natural hatchery" means a facility for the rearing and/or holding of fish, the design of which is compatible with the natural environment and contains minimal development necessary for fish propagation. (Ord. 4222 § 2, 1979). 25.08.310 Nonconforming use or development. "Nonconforming use or development" means those uses and structures that have been lawfully established or constructed prior to November 22, 1976, which no longer conform to the applicable regulations of the master program. (Ord. 3688 § 229, 1978). 25.08.320 Honwater related use. "Nonwater related use" means a use which is neither water dependent nor water related. (Ord. 3688 § 230, 1978). , 25.08.330 Normal protective bulkhead common to single-family residences. y "Normal protective bulkhead common to single-family residences" means a bulkhead constructed on a building site zoned to permit one single-family residence and containing one single-family residence. (Ord. 3688 § 231, 1978). 25.08.340 Open space, refit. "Required open space" means a portion of the area of a building site, which is required by this title, as set forth in different designations contained in this title, to be maintained as open area to be available for use by the persons specified is a development. Open spaces are required to be free and clear of buildings and structures and to remain open and unobstructed from the ground to the skr. (Ord. 3688 § 232, 1978). 25.08-350 Ordinary high water mark. is 0 aa- high water mark" means the ordinary high water :nark as defined w �RCW 90.58 now or hereafter amended. (Ord. 3688 § 233, 1978) . 25.08.360 Person. "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of any governmental unit however designated. (Crd. 3688 § 235, 1978). 25.08.370 Pier. "Pier" or "dock" means a structure built in or over or floating upon the water extending from the shore, wi:_ch may be used as a landing place for marine transport or for air or water craft or recreational.''. activities. (Ord. 3688 § 234, 1978). 25.08.380 Port. "Port" means a terminal facility where general and/or bulk cargos are stored and/or transferred from land carriers to water carriers or vice versa. (Ord. 3688 § 236, 1978). DEFINITIONS 25.0B.390 - 25.08.490 25.08.390 Recreational development. "Recreational development" means a private or public development operated and devoted to facilities and equipment for recreational purposes, including but not limited to swimming pools, tennis courts, playgrounds, picnic areas, campgrounds, resorts and other similar uses whether the use of such area is limited to those paying a fee or free to the public. (Ord. 3688 § 238, 1978). 25.08.400 Redesignation. "Redesignation" means a change in the shoreline environment designation by the procedures provided in Chapter 25.32 of this title. (Ord. 3688 6 237. 197R)_ 25.08.410 Regeneration. "Regeneration" means the renewal of a tree crop, whether by natural or artificial means. (Ord. 3688 § 239, 1978) . 25.08.420 Residential development. A. Residential Development, Single-family. "Single-family residential development" or "single-family development" means development consisting of one or more one -family dwellings. B. Residential Development, Multifamily. "Multifamily residential development" or "multifamily development" means development consisting of one or more two-family dwellings and/or multiple dwellings. (Ord. 3688 § 240, 1978). 25.08.430 Riprap. "Riprap" means hard angular quarry rock used for revetments or other bank stablization projects. (Ord. 3688 § 241, 1978). 25.08.440 Sediment. "Sediment" is material settled from suspension in a liquid medium. (Ord. 3688 § 242, 1978). 25.08.450 Selective cutting. "Selective cutting" means the removal of certain trees selected for cutting so as not to interfere with the growth and development of the remaining trees. (Ord. 3688 § 243, 1978). 25.08.460 Shoreline management conditional use. "Shoreline management conditional use" or "shoreline conditional use." means a use specifically designated as a shoreline conditional use in the shoreline management master program. (Ord. 3688 § 247, 1978). 25.08.470 Shoreline management variance. "Shoreline management variance" means an adjustment in the application of the regulations of the shoreline management master program consistent with WAC 173-14. (Ord. 3688 § 248, 1978). 25.08.480 Shoreline protection. "Shoreline protection" means a structure or device, including but not limited to breakwaters, bulkheads, jetties, groins and riprap, which is placed so as to prevent erasion or to alter the normal currents, wave actions or other natural forces or actions of a waterbody. (Ord. 3688 § 251, 1978). 25.08.490 Shorelines. "Shorelines" means all of the water areas within the unincorporated portion of King County, including reservoirs, and their associated wetlands together with the lands underlying them; except: A. Shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; B. Shorelines on lakes less than twenty acres in size and wetlands 1019 (King County 12-81) 25.08.490 - 25.08.600 SHORELINE MANAGEMENT associated with such lakes. (Ord. 3688 § 246, 1978). .25.08.500 Shoreline setback. "Shoreline setback" means a required open space measured horizontally upland from and perpendicular to the ordinary high water mark, or a required open space along shorelines which are steep slopes, slide areas or floodplains. (Ord. 3688 § 252, 1978). 25.08.510 Shorelines of statevide significance. "Shorelines of statewide significance" means those shorelines described in RCW 90.58.030(2)(e) which are within the unincorporated portion of Ring County. (Ord. 3688 § 249, 1978). 25.08.520 Shorelines of the state. "Shorelines of the state" are total of all "shorelines" and "shorelines of statewide significance" within unincorporated King County. (Ord. 3688 § 250, 1978). 25.08.530 Side cast slopes. "Side cast slopes" means slopes of landfill compacted by natural settling over time. (Ord. 3688 § 244, 1978). 25.08.540 Sign. "Sign" means any letters, figures, design, symbol, light, structure, billboard, trademark or device intended or used to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine, merchandise or thing. Occluded from definition and regulation by this title are official traffic signs or.signals, official public notices, signs required by law, warning signs, the flag of a government or noncommercial institution such as schools and temporary signs orn or carried by people. (Ord. 3688 § 245, 1978). 25.08.550 Slash. "Slash" means the branches, bark, tops, chunks, cull logs, uprooted stumps and broken or uprooted trees which remain on the ground after logging. (Ord. 3688 § 253, 1978) . 25.08.560 Solid waste. "Solid waste" means all pu=rescible and nonputrescible solid and semisolid wastes including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demclition and construction wastes, abandoned vehicles or parts thereof and discarded corrn.cdit es• (Ord. 3688 § 254, 1978) . 25.08.565 Stringer bridge. A "stringer bridge" is a br__d a const-ructed of lengths of timber supporting a number of smaller transverse members. (Ord. 5734 § 1, 1981). 25.08.570 Substantial development. "Suhstantial development" means any development which requires a shoreline management substantial development permit, as defined in RCW 90.58.030(3) (e) as now or hereafter amended. (Ord. 3688 § 255, 1978). 25.08.580 O'tilities. "Utilities" are all lines and facilities related to the distribution, collection, transmission or disposal of water, store and sanitary sewage, oil, gas, power or refuse. (Ord. 3688 § 256, 1978). 25.08.590 Water dependent use. "Water dependent use" or "water dependent development" means a principal use which can only exist where the landwater interface provides biological or pi:vsical ccrditlo s necessary for the use. (Ord. 3688 § 257, 1978). 25.08.600 Water related use. ';rater :elated use" or "water related DEFINITIONS 25.08.600 25-08.600 Water related use. "Water related use" or "water related development" means a principal.use which is not intrinsically dependent on a location abutting the ordinary high water mark but which: 1020-1 (King County 1-k-81) DEFINITIONS 25.08.600 - 25.12.036 A. Promotes the public's enjoyment of or access to the water; or B. Gains a cost savings or revenue -differentiating advantage, which is' not associated with land rents or costs, from being located within the shorelines of the state that could not be obtained at an upland location; such uses include but are not limited to residential development, boat sales or restaurants. (Ord. 3688 S 258, 1978). 25.08.610 Wetlands. "Wetland," "associated wetlands" or "wetland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; and all marshes, bogs, swamps, floodways, river deltas, and the entire one -hundred -year floodplains associated with the streams, lakes and tidal waters which are subject to the provisions of this title; the same to be designated as to location by the Washington State Department of Ecology. Floodplains shall not include those areas which are effectively protected from the one -hundred -year flood by authorized flood control devices or other legal improvements. (Ord. 3688 S 259, 1978). Chapter 25.12 ENVIRONMENT DESIGNATIONS Sections: 25.12.010 Purpose. 25.12.020 Names of environment designations. 25.12.030 Limits of environment designations. 25.12.040 Establishment of designations. 25.12.050 Location of boundaries. 25.12.010 Purpose. The purpose of these designations is to differentiate between areas whose geographical, hydrological, topographical or other features imply differing objectives regarding the use and future development of the shorelines of the state. Each environment designation represents a particular emphasis in the type of uses and the extent of development which should occur within it. The environmental designation system is designed to encourage uses in each environment which enhance or are compatible with the character of the environment while at the same time requiring reasonable standards and restrictions on development so that the character of the environment is not adversely impacted. (Ord. 3688 S 301, 1978). 25.12.020 Names of environment designations. In order to accomplish the purpose of this title, environmental designations have been established to be known as follows: A. Natural environment; B. Conservancy environment; C. Rural environment; D. Urban environment. ,(Ord. 3688 S 302, 1978). 25.12.030 Limits of environment designations. Each environment designation shall consist of: A. The entire water body from its centerline or point, including all 1021 25.12.030 - 25.12.050 SHORELINE MANAGEMENT water below the surface; B. The associated wetlands, provided, in those cases where a floodplain -jr other severe biophysical limitation to development does not cover the entire associated wetland, one environment designation may be placed on the floodplain portion of the wetland or the portion of the wetland with severe biophysical limitations and another on the remaining portion of the wetland; C. In shoreline areas where severe biophysical constraints such as floodplains, steep slopes, slide hazard areas and/or marshes, bogs or swamps do not cover the entire associated wetland, proposed development in the remaining area may be permitted consistent with the character of the surrounding land use, the physical capabilities of the. associated wetland and applicable county land use plans and policies. (Ord. 3688 $ 303, 1978). 25.12.040 Establishment of designations. A. The written descriptions of the boundaries of the shoreline environment designations as; adopted by ordinance in the possession of the department shall constitute the official legal descriptions of the boundaries of those environment designations. B. The official maps prepared pursuant to WAC 173-22 in the possession of the department shall constitute the official descriptions of the limits of all wetlands in Ring County as defined by RCA 90.58.0.30 and Chapter 15.08 of this title. C. The department may, from time to time as new or improved information becomes available, modify the official maps described in subsection B. of this section consistent with state guidelines to more accurately represent or clarify or interpret the true limits of the wetlands defined herein. (Ord. '688 5 304, 1978) . 25.12.050 Location of boundaries. A. Boundaries indicated as following _ streets, highways, roads and bridges shall be deemed to follow the centerline of such facilities unless otherwise specified. B. Boundaries indicated as following railroad lines and transmission lines shall be deemed to follow the centerline of such rights -of. -way or easements unless otherwise specified. C. Where different environmental designations have been given to a tributary and the main stream at the point of confluence, the environmental designation given to the main stream shall extend for a distance of two hundred feet up the tributary. 0. in case of uncertainty as to a wetland or envircr.ment boundary, the director shall determine its exact location pursuant to the criteria of WAC 173-22-055 and RCW 90.58.030 and the provisions of this chapter. (Ord. 3688 5 305, 1978). Chapter 25.16 URBAN ENVIROKMENT Sections: 25.16.010 Purpose. 25.16.020 Designation criteria. 25.16.030 General requirements. 25.16.040 Agricultural practices. 25.16.050 Aquatic resource practices. URBAN ENVIRONMENT 25.16.010 - 25.16•.030 25.16.060 Forest management practices. 25.16.070 Commercial development. 25.16.080 Signs. 25.16.090 Residential development -Multifamily. 25.16.100 Residential development --Single-family. 25,16.110 Residential development -Accessory structures. 25.16.120 Residential development --Piers, moorage, or launching facilities --Conditions. 25.16.130 Residential development -Piers, moorage,.or launching facilities -Accessory to multifamily development. 25.16.140 Residential development -Piers, moorage, and launching facilities -Accessory to single-family residence. 25.16.150 Subdivisions. 25.16.160 Utilities. 25.16.170 Industrial development. 25.16.180 Shoreline protection. 25.16.190 Filling and excavation. 25.16.200 Recreation. 25.16.010 Purpose. The purpose of designating the urban environment is to ensure optimum utilization of the shorelines of the state within urbanized areas by permitting intensive use and by managing development so that it enhances and maintains the shorelines of the state for a multiplicity of urban uses. The urban environment is designed to reflect a policy .of increasing utilization and efficiency of urban areas, to promote a more intense level of use through redevelopment of areas now under-utilized and toencourage mulitple use of the shorelines of the' state if the major use is' water dependent or water related while at the. same time safeguarding the quality of the environment. (Ord. 3688 S 401, 1978). 25.16.020 Designation criteria. Designation criteria for the urban environment shall be: A. Shorelines of the state used or designated for high intensity commercial, industrial, or recreational use; B. Shorelines of the state of lower intensity use, where surrounding land use is urban.and urban services are available; C. Shorelines of the state used or designated for multifamily residential development; D. Shorelines of the state used for port activities; E. Shorelines of the state developed for residential purposes and where surrounding land use is urban and urban services are available; F. Shorelines of the state to be designated urban environment shall not have biophysical limitations to development such as floodplains, steep slopes, slide hazard areas and/or marshes, bogs or swamps. (Ord. 3688 S 402, 1978). 25.16.030 General requirements. A. Nonwater related development and residential development shall not be permitted waterward of the ordinary high water mark. B. Except in those cases when the height requirements of the underlying zones are more restrictive, no structure shall exceed a height of thirty-five feet above average grade level. This requirement may be modified if the view of a substantial number of residences will not be obstructed, if permitted by the applicable provisions of the underlying zoning, and if the proposed development is agricultural, water related or water dependent. 1023 25.16.030 - 25.16.050 SHORELINE MANAGEMENT C. All development shall be required to provide adequate surface water ,etention and sedimentation facilities during the construction period. D. Development shall maintain the first fifty feet of property abutting a natural environment as required open space. E. Parking facilities except parking facilities associated with detached single-family and agricultural development shall conform to the following minimum conditions: 1. Parking areas serving a water related or a nonwater related use must be located beneath or upland of the development which the parking area serves. 2. Any outdoor parking area perimeter, excluding entrances and exits, must be maintained as a planting area with a minimum width of five feet. 3. One live tree with a minimum height of four feet shall be required for each thirty linear feet of planting area. 4. One live shrub of one -gallon container size or larger for each sixty linear inches of planting area shall be required. 5. Additional perimeter and interior landscaping of parking areas may be required, at the discretion of the director, when it is necessary to screen parking areas or when large parking areas are proposed. F. Collection facilities to control and separate contaminants shall be required where stormwater runoff from impervious surfaces would degrade or add to the pollution of recipient waters or adjacent properties. G. The regulations of this chapter have been categorized in a number of sections; regardless of the categorization of the various regulations, all development must comply with all applicable regulations. H. Development proposed in shorelines of the state shall maintain -etbacks, provide easements or otherwise develop the site- to permit a trail to constructed or public access to continue where: 1. There is a proposed trail in the King County trail system; or 2. Part of the site is presently being used and has historically been used for public access. a. Along shorelines of the state on Lake Sammamish, no building shall be placed on lands below thirty-two and one-half feet mean sea level. (Ord. 3688 5 403, 1978) . 25.16.040 agricultural practices. agricultural practices may be permitted in the urban environment, subject to the general requirements (Section 25.16.030) of this chapter, provided: A. The agricultural activity is permitted in the underlying zone classification; B. Any barn, shed or other structure constructed in conjunction with the permitted agricultural activity shall not be constructed within the floodway; C. Agricultural activity along shorelines of the state shall conform to the best management practices developed pursuant to the Federal Water Pollution Control Act of 1972 and adopted by the King County Soil Conservation District. D. Lagoons, ponds or other waste retention facilities shall be subject to the same standard as described in subsection B. above. (Ord. 3688 5 404, 1978) . 25.16.050 Aquatic resource practices.=_cuatic resource pradices .may be ermitted in the urban environment subject to the general requirements r �7 _ a (Section 25.16.030) of this chapter, provided: A. any structure placed waterward of the ordinary high water mark shall be placed so as not to: URBAN ENVIRONMENT 25.16.050 - 25.16.070 1. Be a significant hazard to navigation; 2. Cause significant damage to neighboring properties; 3. Be a significant hazard to divers who may frequent the area. B. Any byproducts of the aquatic resources facility which are discharged into the water shall not degrade the quality of the recipient waterbody. C. Aquatic resource operations shall not be permitted on Class I beaches except that such operations for the exclusive use and enjoyment of the adjacent upland residential property owner or lessee may be permitted. D. Aquatic resource facilities shall be installed with minimum disturbance to banks and channels and shall not cause extensive erosion or accretion along adjacent shorelines. E. The commercial mechanical harvesting of shellfish may be permitted, provided: 1. Such harvesting will not materially damage other commonly harvested aquatic life; 2. The harvest site is rehabilitated within seven days of the harvest operation; 3. The harvest operation will not materially damage any significant wildlife habitat or recreation site. (Ord. 6511 S 2, 1983: Ord. 3688 S 405, 1978). 25.16.060 Forest management practices. Forest management practices are not permitted in the urban environment. (Ord. 3688 S 406, 1978). 25.16.010 Commercial development. Commercial development may be permitted in the urban environment subject to the general requirements (Section 25.16.030) of this chapter, and provided: A. The commercial activity is permitted in classification. B. Uses which may be permitted in a business classification but which in fact primarily involve remanufacture of products including but not limited to: 1. Boat building; 2. Electric or neon sign manufacturing; 3. Machine shops; 4. Tire rebuilding, recapping and retreading; shall be governed by the industrial development sections C. Water dependent commercial development shall maintain a shoreline setback. the underlying zone or commercial zone the manufacture or of this title. not be required to 1025 (King County 9-83) URBAN ENVIORNMENT 25.16.070 D. Water related commercial development shall maintain a shoreline setback of either twenty feet from the ordinary high water mark or ten feet from the edge of the floodway, whichever is greater. This shoreline setback may be reduced either to ten feet from the ordinary high water mark or to the edge of the floodway, whichever is greater, if the water related development provides limited public access or public access. E. Nonwater related commercial development shall maintain a shoreline setback of either fifty feet from the ordinary high water mark or twenty feet from the edge of the floodway, whichever is greater. This shoreline setback may be reduced either to twenty feet from the ordinary high water mark or to ten feet from the edge of the floodway, whichever is greater, if the nonwater related development provides limited public access. This shoreline setback may be reduced either to ten feet from the ordinary high water mark or to the edge of the floodway, whichever is greater, if the nonwater related development provides public access. F. Piers, moorages, floats and launching facilities may be permitted accessory to commercial development, provided: 1. The structure will serve a water dependent or water related use; 2. The structure does not constitute a hazard to navigation. (Ord. 1025-1 (Ring County 9-83) 25.16.070 - 25.16.100 3688 S 407, 1978). SHORELINE MANAGEMENT 25.16.080 Signs. Signs may be permitted in the urban environment subject to the provisions of the underlying zoning, provided: A. No sign which- is not constructed parallel to and flush against,;: -the side of a building shall be permitted which is more than seventy-two inches in height as measured from the average grade level. B. Signs painted upon or constructed parallel to and flush against the side of a building shall not extend beyond the wall or above the roof line against which they are constructed. C. Signs shall be stationary, nonblinking and nonrevolving. D. Signs shall have no auxilliary projections or attachments. E. Signs shall not be erected nor maintained upon trees, or drawn or painted upon rocks or other natural features. F. Artificial lighting of signs shall be directed away from adjacent properties and the water. G. Signs waterward of the ordinary high water mark shall be permitted only to the extent necessary for, the operation of a permitted overwater development provided no such sign shall be larger than five square feet. (Ord. 3688 S 408, 1978). 25.16.090 Residential development - Multifamily. Multifamily residential development may be' permitted in the urban environment subject to the general requirements of R.C.C. 25.16.030, provided: A. Multifamily development is permitted in the underlying zone; B. Multifamily residential development shall not be permitted waterward of the ordinary high water mark; C. Setbacks. Multifamily residential development shall maintain a minimum setback of fifty feet from the ordinary high water mark, except that: 1. If the minimum setback from the ordinary high water :nark of a river or- stream falls within the floodway, the development shall be required to locate past the upland edge of the floodway, 2. If development is proposed on shorelines, including one or more sensitive areas, as defined in K.C.C. 21.04, such development shall be done in accordance with regulations and procedures set forth in R.C.C. 21.54.150 - 21.54.190. (Ord. 5734 S 2, 1981: Ord. 3688 S 409(1), 1978). 25.16.100 Residential development - Single-family. Single-family residential development may be permitted in the urban environment subject to the general requirements of R.C.C. 25.16.030, provided: A. Single-family development is permitted in the underlying zone classification; B. Single-family development, including floating homes, shall not be permitted waterward of the ordinary high water mark; C. Setback$. Single-family residential development shall maintain a minimum setback of twenty feet from the ordinary high water mark, except that: 1. If the minimum setback from the ordinary high water mark of a river or stream falls within the floodway, the development shall be recurred to locate past the upland edge of the flcodway, 2. If development is proposed on shorelines, including one or more sensitive areas, as defined in K.C.C. 21.04, such development shall be done in accordance with regulations and procedures setforth in R.C.C. 21.54.150 through 21.54.190, D. A farmhouse permitted under K.C.C. 21.54.060 shall be exempt from the setback requirements of this section. (Ord. 5734 S 3, 1981: Ord. 5061 S 4, URBAN ENVIRONMENT 25.16.100 - 25.16.110 1980: Ord. 3688 § 409(2), 1978). 25.16.110 Residential development - Accessory structures. Accessory structures to the residence may be y placed within the required shoreline setback, provided: A. No accessory structure, except swimming pools, shall cover more than one hundred fifty square feet; B. No accessory structure shall obstruct the view of the neighboring properties; 1026-1 (King County 12-81) URBAN ENVIRONMENT 25.16.110 - 25.16.130 C. No accessory structure shall exceed eight feet in height. (Ord. 3688 § 409(3), 1978). 25.16.120 Residential development - Piers, moorage, or launching facilities - Conditions. Any pier, moorage, float or launching facility authorized by Sections 25.16.090 through 25.16.140 shall be subject to the following conditions: A. No structure may be located nor extend further waterward of the ordinary high water mark than one-fourth the total distance from the shoreline associated with the structure to the opposite shoreline. This total distance shall be measured from the point where the authorized structure abuts the ordinary high water mark to the nearest opposite high water mark as measured along a straight line; provided, when the structure does not abut the ordinary high water mark, the distance from one ordinary high water mark to the opposite ordinary high water mark shall be measured along the shortest straight line passing through the center of that structure which commences from the property associated with such a structure. B. No covered pier, covered moorage, covered float, or other covered structure is permitted waterward of the ordinary high water mark. C. No pier, moorage, float, or overwater structure or device shall be located closer than fifteen feet from the side property line extended, except that such structures may abut property lines for the common use of adjacent property owners when mutually agreed to by the property owners in a contract recorded with the Ring County Division of Records and Elections, a copy of which must accompany an application for a building permit or a shoreline permit; such joint use piers may be permitted up to twice the surface area allowed by this title. D. All piers, moorages, floats or other such structures shall float at all times on the surface of the water or shall be of open pile construction, provided no portion of the structure shall, during the course of the normal fluctuations of the elevation of the water body, protrude more than five feet above the surface of the water. E. No pier, including finger pier, moorage, float, or overwater structure or device shall be wider than fifty percent of the lot with which it is associated. F. No dwelling unit may be constructed on a pier. (Ord. 3688 § 409(4), 1978). 25.16.130 Residential development - Piers, moorage, or launching facilities - Accessory to 'development. Piers, moorages, floats and launching facilities may be permitted accessory to multifamily developments, or as common use facilities associated with a subdivision or planned unit development provided: A. No more than one pier for each one hundred feet of shorelines of the state associated with the multifamily development, subdivision, short subdivision or planned unit development is permitted. B. The total number of moorage spaces shall be limited to one moorage space for every two dwelling units in the multifamily, development, subdivision or planned unit development provided no more than twenty moorage spaces shall be permitted. C. The maximum waterward intrusion of any portion of any pier shall be eighty feet, provided this intrusion may be increased four feet for each additional moorage space over ten moorage spaces to a maximum of one hundred twenty feet. 1027 (King County 12-81) 25.16.130 - 25.16.140 SHORELINE MANAGEMENT D. The minimum width of each pier shall be five feet. E. Moorage piles not constructed in conjunction with a pier are limited: by,the following conditions-: 1. All piles shall be placed so as not to constitute a hazard to navigation. 2. No pile shall be placed more than eighty feet waterward of the ordinary high water mark. 3. All piles shall be placed in a water depth not to exceed thirteen feet below the ordinary high water mark. F. Launching ramps and lift stations are limited by the following conditions: 1. No portion of a launching ramp or lift station shall be placed more sixty than sixfeet waterward of the ordinary high water mark. 2. launching rails or ramps shall be anchored to the ground through the use of tie -type .construction. Asphalt or concrete ramps or other ramps which solidly cover the water body bottom are not permitted. 3. No more than two common use launching ramps for each one hundred feet of shorelines of the state associated with the multifamily development, short subdivision, subdivision or planned unit development permitted. G. Common use floats are limited by the following conditions: 1. One float per multifamily development, short subdivision, subdivision or planned unit development is permitted. 2. No portion of a float shall be placed more than eighty_ feet waterward of the ordinary high water mark. 3. No float shall have more than one hundred fifty square feet of surface area. H. Excavated moorage slips shall not be permitted accessory to multifamily development or as common use facilities accessory to subdivisions, short subdivisions, or planned unit developments. (Ord. 3688 1 409(5), 1978). 25.16.140 Residential deveiops nt - Piers, 8 ooZa",-cr launching facil.iti_es- -- -accessory to single-fani2y...; ids- e. Piers, moorages, floats or launching facilities may be permitted accessory to a single-family residence, provided: A. Private, single residence piers for the sole use of the property owner shall not be considered an outright use on King county s1horelines• A pier may be allowed when the applicant has demonstrated a need for moorage and that t o following alternatives have been investigated and are not available or feasible: 1. Commercial or marina moorage; 2. Floating moorage buoys; 3. Joint use. moorage pier. B. No more ne ier for each residence is permitted. C. D. e. aiaxiufn Fiat aid' intrusion of any portion of any pier shallbe eighty feet, or the point where the water depth is 'thirteen feet be,l.ow the ordinary high water, mark, whichever is re4,q ed First. y• E. The total surface area of piers, moorages, floats and/or launching facilities, or any combination thereof, shall not exceed six hurei.,.axe feet, provided that, no float shall have more than one hundred fifty sq-.1are feet of surface area. URBAN ENVIRONMENT 25.16.140 - 25.16.160 F. Moorage piles are limited by the following conditions: 1. All piles shall be placed' so as to not constitute a hazard to navigation. 2. No pile shall be placed more than eighty feet waterward of the ordinary high water mark. 3. All moorage piles shall be placed in a water depth not to exceed thirteen feet below the ordinary high water mark. 4. No more than two moorage piles per residence are permitted. G. Launching ramps and lift stations are limited by the following conditions: 1. No portion of a launching ramp or lift station shall be placed more than sixty feet waterward of the ordinary high water mark. .2. All portions of a launching ramp or lift station shall be placed at a depth not to exceed eight feet below the ordinary high water mark. 3. Launching rails shall be anchored to the ground with the use of tie -type construction. Asphalt or concrete ramps or other ramps which solidly cover the water -body bottom are not permitted. 4. No more than one launching rail per single-family residence is permitted. H. Floats are limited by the following conditions: 1. One float per residence is permitted. 2. No portion of a f loat shall be placed more than eighty feet waterward of the ordinary high water mark. 3. Retrieval lines shall not float at or near the surface of the water. 4. No float shall have more than one hundred fifty square feet of surface area. I. Excavated moorage slips are limited by the following conditions: 1. One moorage slip per residence is permitted. 2. No moorage slip shall be excavated more than six feet below the ordinary high water mark. 3. No moorage slip shall have more than five hundred twenty-five square feet of surface area as measured from the tops of the banks and the ordinary high water mark. J. A residence may have either a pier or an excavated moorage slip, but not both. R. No excavated moorage slips shall be permitted on the Sammamish River. (Ord. 5734 § 4, 1981: Ord. 3688 § 409(6), 1978). 25.16.150 Subdivisions. A. Any lot located wholly or partially within the shorelines of the state shall be subject to the substandard lot provisions of Chapter 21.48. B. Submerged land within the boundaries of any waterfront parcel shall not be used to compute lot area, lot dimensions, yards, open space or other similar required conditions of land subdivision or development, except, where specifically authorized by ordinance, such lands may be used in area computations eisl an incentive to- encourage common open'space waterfront areas'.' C. -"Th.e lot::averaging provisions -of Title 21 shall not apply to lots wholly or paritally within the shoreline. (Ord. 3688 § 410, 1978).• 25.16.160 Utilities. Utility facilities may be permitted in the urban environment subject to the general requirements section (Section 25.16.030) of this chapter, provided: A. Utility and transmission facilities shall: 1. Avoid disturbance of unique and fragile areas; 2. Avoid disturbance of wildlife spawning, nesting and -rearing areas; 1029 (King County 12-81) 25.16.160 - 25.16.170 SHORELINE MANAGEMENT 3. Overhead utility facilities shall not be permitted in public parks, monuments, scenic recreation or historic areas. B. Utility distribution and transmission facilities shall be designed so as to: 1. Minimize visual impact; 2. Harmonize with or enhance the surroundings; 3. Not create a need for shoreline protection; 4. utilize to the greatest extent possible natural screening. C. The construction and maintenance of utility facilities shall be done in such a way so as to: 1. Maximize the preservation of natural beauty and the conservation of resources; 2. Minimize scarring of the landscape; 3. Minimize siltation and erosion; 4. Protect trees, shrubs, grasses, natural features and topsoil from drainage;. S. Avoid disruption of critical aquatic and wildlife stages. D. Rehabilitation of areas disturbed by the construction and/or maintenance of utility facilities shall: 1. Be accomplished as rapidly as possible to minimize soil erosion and to maintain plant and wildlife habitats; 2. Utilize plantings compatible with the native vegetation. E. Solid waste transfer stations shall not be permitted within the shorelines of the state. (Ord. 3688 § 411, 1978). 25.16.170 Industrial development. A. The provisions of this chapter apply to industrial and manufacturing types of activities including ports. B. Industrial development may be permitted in the urban environment subject to the general requirements (.Section 25.16..030.) of this chapter, provided that: 1. The industrial activity is permitted in the. underlying zone classification; 2. The industrial activity shall utilize the best techniques in design and siting to prevent the release of contaminants into t o adjoining water bodies in order to comply with the water quality standards promulgated under the provisions of RC-4 Ciapter 90.48; 3. Oxidation and waste stabilization ponds shall not be permitted within the shoreline of the state; 4. The maintenance of these provisions may be assured by requiring a performance bond of sufficient size to substantially defray the cost of 'a cleanup or rehabilitation effort. c. The height limitations of the general requirements section (Section 25.16.030) of this chapter shall not apply to water dependent industrial. development. D. The provisions of this chapter shall not be construed to permit the construction of any oil port facility designed to load or unload ships 125,000 dead weight tons or lager in size. E. Outside storage of equipment, vehicles, materials or supplies shall maintain a shoreline setback of twenty feet from the crd'_aar• .__ z _ water mark. F. Except as provided in subsection E. above, water dependent industrial development shall not be required to maintain a shoreline setback. G. Water related industrial development shall maintain a shoreline setback of either twenty feet from the ordinary bigh water mark or ten feet from the edge of the floodway, whichever is greater. This shoreline setback s URBAN ENVIRONMENT 25.16.170 - 25.16.180 may be reduced either to ten feet from the ordinary high water mark or to the. ` edge of the floodway, whichever is greater, if the water related development provides limited public access or public access. H. Nonwater related industrial development shall maintain a shoreline setback of either fifty feet from the ordinary high water mark or twenty feet from the edge of the floodway, whichever is greater. This shoreline setback may be reduced either to twenty feet from the ordinary high water mark or to ten feet from the edge of the floodway, whichever is greater, if the nonwater related development provides limited public access. This shoreline setback may be reduced to either ten feet from the ordinary high water mark or the edge of the floodway whichever is greater; if the nonwater related development provides public access. I. Piers, moorages, slips, floats and launching facilities may be permitted accessory to industrial development, provided: 1. The facility will serve a water dependent or water related use; 2. The facility does not constitute a hazard to navigation. (Ord. 3688 g 412, 1978). 25.16.180 Shoreline protection. Shoreline protection may be permitted in the urban environment, provided: A. Shoreline protection to replace existing shoreline protection shall be placed along the same alignment as the shoreline protection it is replacing, but may be placed waterward directly abutting the old structure in cases where removal of the old structure would result in construction problems; B. On lots where the abutting lots on both sides have legally established bulkheads, a bulkhead may be installed no further waterward than the bulkheads on the abutting lots, provided that the horizontal distance between existing bulkheads on adjoining lots does not exceed one -hundred feet. The manager may, upon review, permit a bulkhead to connect two directly adjoining bulkheads, for a distance up to one hundred fifty feet. In making such a determination the manager shall consider the amount of inter -tidal land/or water bottom to be covered, the existence of fish or shellfish resources thereon, and whether the proposed use or structure could be accommodated by other configurations of bulkhead which would result in less loss of shoreland, tideland, or water bottom., C.­ In order for a proposed bulkhead to qualify., for _ t e.:_ t�W r 9.Q �59; 0-30 (3) (e) (iii) exemption from the shoreline permit requirements and to insure that such bulkheads will be consistent with this program as required by RCW 90.58.141(1), the Building and Land Development Division shall review the proposed design as it relates to local physical conditions and the King County shoreline master program and must find that: 1. Erosion from waves or currents is imminently threatening a legally established residence or one or more substantial accessory structures, and 2. The proposed bulkhead is more consistent with the King County shoreline master program in protecting the site and adjoining shorelines than feasible, non-structural alternatives such as slope drainage systems, vegetative growth stabilization, gravel berms and beach nourishment, are not feasible or will not adequately protect a legally established residence or .:substantial accessory structure, and 3. The proposed bulkhead is located landward of the ordinary high water mark or it connects to adjacent, legally established bulkheads as in subsection B. above, and 4. The maximum height of the proposed bulkhead is no more than one foot above the elevation of extreme high water on tidal waters as determined by the National Ocean Survey published by the National Oceanic and Atmospheric 25.16.180 - 25.16.190 SHORELINE MANAGEMENT Administration or four feet in height on lakes; ! D. Shoreline protection shall not be considered an -outright permi-tted use and shall be permitted only when it has been demonstrated that shoreline protection is necessary for the protection of existing legally established structures and public improvements or the preservation of important agricultural lands as designated by the Office of Agriculture. E. Shoreline protection shall not have adverse impact on the property of others. F. Shoreline protection shall not be used to create new lands, except that groins may be used to create a public Class I beach if they comply with all other conditions of this section. G. Shoreline protection shall not significantly interfere with normal surface and/or subsurface drainage into the water body. H. Automobile bodies or other junk or waste material which may release undesirable material shall not be used for shoreline protection. I. Shoreline protection shall be designed so as not to constitute a hazard to navigation and to not substantially interfere with visual access to the water. J. Shoreline protection shall be designed so as not to create a need for shoreline protection elsewhere. R. Bulkheads on Class I beaches shall be located no farther waterward than the bluff or bank line v L. Bulkheads must be approved by the Washington State Department of Fisheries; M. Bulkheads shall be constructed using an approved filter cloth or other' suitable means to allow passage of surface and groundwater without internal erosion of fine material; N. Groins ar.e permitted only as part of a professionally designed community or public beach management program. (Ord. 5734 g 5, 1981: Ord. 3688 g 413, 1978). 25.16.190 Excavation, Dredging and Filling. Excavation, dredging and filling may be permitted in the urban environment, only as part of an approved overall development plan not as an independent activity provided: A. Any fill or excavation regardless of size, shall be subject to the provisions of R.C.C. 16.82.100; B. Landfill may be permitted below the ordinary high dater ,mark only when necessary for the operation of a water dependent or water related use, or when necessary to mitigate conditions which endanger public safety; C. Landfill or excavations shall be permitted only when technical information demonstrates water circulation, littoral drift, aquatic life and water quality will not be substantially impaired; D. Landfill or disposal of dredged material shall be prohibited within the floodway; E. Wetlands such as marshes, swamps, and bogs shall not be disturbed or altered through excavation, filling, dredging, or disposal of dredged, :material unless the manager determines that either: 1. The wetland does not serve any of the valuable `urcticns of wetlands identified in R.C.C. 20.12.080 and U.S. Army Corps of Engineers 33 CFR 320.4(b), including but not limited to wildlife habitat and natural drainage functions, or (King County 12-82) 1031-1 URBAN ENVIRONMENT 25.16.190 2. The proposed development wold preserve or enhance the wildlife habitat, natural drainage, and/or other valuable functions of wetlands as discussed in R.C.C. 20.12.080 or.U.S. Army Corps of Engineers 33 CFR 320.4(b) and would be consistent with the purposes of this Title; F. Class I beaches shall not be covered by landfill except for approved beach feeding programs; G. Excavations on beaches shall include precautions to prevent the migration of fine grain sediments, disturbed by the excavation, onto adjacent beach areas and excavations on beaches shall be backfilled promptly using material of similar composition and similar or more coarse grain size; H. No refuse disposal sites, solid waste disposal sites, or sanitary fills of putrescible or non-putrescrible material shall be permitted within the shorelines of the state; I. Excavation or dredging below the ordinary high water mark shall be permitted only when necessary for the operation of a water dependent or water related use, or when necessary to mitigate conditions which endanger public safety or fisheries resources; provided, that this paragraph shall not be construed to permit the mining or quarrying of any substance below the ordinary high water mark; J. Disposal of dredged material shall be done only in approved deep water disposal sites or approved contain upland disposal sites; K. Stockpiling of dredged material in or under water is prohibited; L. Maintenance dredging not requiring a shoreline permit(s) shall conform to the requirements of this Section; M. Dredging shall be timed so that it does not interfere with aquatic life; N. The County may impose reasonable conditions on dredging or disposal operations including but not limited to working seasons and provisions of buffer strips, including retention or replacement of existing vegetation, dikes, and settling basins to protect the public safety and shore users' lawful interests from unnecessary adverse impact; O. In order to insure that operations involving dredged material disposal and maintenance dredging are consistent with this program as required by RCW 90.58.140(1), no dredging may commence on shorelines without the responsible person having first obtained either a substantial development permit or a statement of exemption; PROVIDED, that no statement of exemption or shoreline permit is required for emergency dredging needed to protect property from imminent damage by the elements; 1032 (King County 12-82) URBAN ENVIRONMENT 25.16.190 - 25.16.200 P. Operation and maintenance of any existing system of ditches, canals, or drains, or construction of irrigation reservoirs, for agricultural purposes are exempt from the shoreline permit requirement. (Ord. 5734 § 6, 1981: Ord. 3688 § 414, 1978). 25.16.200 Recreation. Recreational development may be permitted in the urban environment subject to the general requirements (Section 25.16.030) of this chapter, and provided: A. The recreational development is permitted in the underlying zone. B. Swimming areas shall be separated from boat launch areas and marinas. C. The development of underwater sites for sport diving shall not: 1. Take place at depths of greater than eighty feet; 2. Constitute a navigational hazard; 3. Be located in areas where the normal waterborne traffic would constitute a hazard to those people who may use such a site. D. The construction of swimming facilities, piers, moorages, floats and launching facilities below the ordinary high water mark shall be governed by the regulations relating to pier and moorage construction in the commercial development section (Section 25.16.070) of this chapter, E. Public boat launching facilities or marinas may be developed, provided: 1. The traffic generated by such a facility can be safely and conveniently handled by the streets serving the proposed facility; 2. The facility will not be located on a Class I beach. F. Upland facilities constructed in conjunction with a recreational development shall be setback and/or sited to avoid contamination of the shorelines of the state. G. All service facilities within and associated with marinas shall have provisions to prevent and control contaminants from entering the water. Provisions shall be available for cleanup of accidental spills of contaminants. H. Marina facilities shall be prohibited on Class I beaches or where their development would interrupt littoral currents and starve Class I beaches. I. Public pedestrian and bicycle pathways shall be permitted adjacent to water bodies. J. Public contact with unique and fragile areas shall be permitted where it is possible without destroying the natural character of the area. K. Water viewing, nature study, recording and viewing shall be accommodated by space, platforms, benches or shelter, consistent with public 1032-1 f,.: __ - URBAN ENVIRONMENT safety and security. (Ord. 3688 S 415, 1978). Chapter 25.20 RURAL ENVIRONMENT Sections: 25.20.010 Purpose. 25.20.020 Designation criteria. 25.20.030 General requirements. 25.20.040 Agricultural practices. 25.20.050 Aquatic resource practices. 25.20.060 Forest management practices. 25.20.070 Commercial development. 25.20.080 Signs. 25.20.090 Residential development. 25.20.100 Subdivisions. 25.20.110 Utilities. 25.20.120 Industrial development. 25.20.130 Shoreline protection. 25.20.140 Filling and excavation. 25.20.150 Recreation. 25.16.200 - 25.20.030 25.20.010 Purpose. The purpose of designating the rural environment is to restrict intensive development, function as a buffer between urban areas, and maintain open spaces and opportunities for recreational uses, within the ecological carrying capacity of the land and.water resource. New developments in a rural environment should reflect the character of the surrounding area by limiting intensity, providing permanent open space and by maintaining adequate building setbacks from water to prevent shoreline resources from being destroyed for other rural types of uses. (Ord. 3688 S 501, 1978). 25.20.020 Designation criteria. Designation criteria for the rural environment shall be: A. Shorelines of the state possessing high capability to support active agriculture purposes; B. Shorelines of the state used or designated for residential development at a density of three units per acre or less; C. Shorelines of the state used or designated for light manufacturing or neighborhood business type uses; D. Shorelines of the state developed for residential purposes where surrounding land use is residential in character without all urban services; E. Shorelines of the state to be designated rural shall not have severe biophysical limitations to development such as floodplains, steep slopes, slide hazard areas and/or marshes, swamps or bogs. (Ord. 3688 S 502, 1978). 25.20.030 General requirements. A. Nonwater related and residential development shall not be permitted waterward of the ordinary high water mark. B. Except in those cases when the height requirements of the underlying zone are more restrictive, no structure shall exceed a height of thirty-five feet above average grade level. This requirement may be modified if the view of a substantial number of residences will not be obstructed, if permitted by the applicable provisions of the underlying zoning, and if the proposed 1033 25.20.030 — 25.20.060 SHORELT* . t-IANAGEMENT development is agricultural or wa=e= dependent. C. All development shall be required to provide adequate surface water retention and sedimentation facilities during the construction period. D. Development shall maintain the first fifty feet of property abutting a natural environment as required open space. E. Parking facilities except parking facilities associated with detached single-family and agricultural development shall retain existing vegetation or be planted in conformance with the landscape standards enumerated in the general requirements (Section 25.16.030) of the urban environment. F. Collection facilities to control and separate contaminants shall be required where stormwater runoff from impervious surfaces would materially degrade or add to the pollution of recipient waters or adjacent properties. G. The regulations of this chapter have been categorized in a number of sections; regardless of the categorization of the various regulations, all development must comply with all applicable regulations. H. Development proposed in shorelines of the state shall maintain setbacks, provide easements or otherwise develop the site to permit a trail to be constructed or public access to continue where: 1. There is a proposed trail in the Ring County trail system; or 2. Part of the site is presently being used and has historically been used for public access. a. Along shorelines of the state on lake Sammamish, no building shall be placed on lands below thirty-two and one-half feet mean sea level. (Ord. 3688 5 503, 1978) . 25.20.040 Agricultural practices. Agricultural practices may be permitted in the rural environment subject to the agricultural practices provisions (Section 25.16.040) of the urban environment. (Ord. 3688 5 504, 1978). 25.20.050 Aquatic resource practices. Aquatic resource practices may be permitted in the rural environment subject to the aquatic resource practice provisions (Section 25.16.050.) of the urban environment. (Ord. 3688 5 505, 1978). 25.20.060 Forest management practices. Forest management practices may be permitted in the rural environment provided: A. In order to prevent unnatural erosion, siltation, and temperature increase; to prevent the movement of logging debris into lakes and streams; to preserve bank structure and riparian vegetation, and to preserve the aesthetic qualities of the shoreline, a buffer strip shall be established along rivers, streams, lakes and other waterbodies. A11 residual vegetation in the buffer strip, including grasses, shrubs, natural cull, and nonmerchantable trees which serve such purpose shall be left substantially undistrubed. Where residual vegetation is inadequate to provide such a buffer, sufficient merchantable trees shall be left. Removal of mature timber from the buffer strip which would destroy the shading and filtering effect of the remaining buffer is prohibited. B. All culverts shall be adequate in size and design.to carry the maximum anticipated flow, and shall be kept clear of obstructions. - -the :nini:num size for culverts shall be fifteen inches in diameter. C. Culverts installed in streams used by fish shall meet all requirements set by the State Departments of Fisheries and Game. D. Roads and landings shall not be constructed within shoreline areas RURAL ENVIRONMENT 25.20.060 - 25.20.070 except when necessary to: 1. Cross streams; 2. Avoid road construction on unstable soils or on steep slopes when such construction would be more harmful than a shoreline location; 3. Perform water course improvement work only after approval of the State Departments of Fisheries and Game. E. Roads shall minimize cut and fill. F. Where roadside material is potentially unstable or erodable, it shall be stablized by use of seeding, compacting, riprapping, benching, or other suitable means. G. Cut slopes shall not exceed: (X to Y) 1/4 to 1 in rock 3/4 to 1 in stable soils 1-1/2 to 1 in unstable soils H. Side cast and embankment fill slopes shall not exceed: (X to Y) 1-1/3 to 1 in broken rock'and stable soils 1-1/2 to 1 in unstable soils I. Running surface widths should be kept to a minimum, with not more than twenty-six feet for two-lane roads and not more than fourteen feet for single lane roads. J. Embankment fills shall: 1. Be constructed and compacted in layers no more than two feet thick; 2. Consist of inorganic material with no buried slash or debris beneath the running surface; 3. Not encroach upon a one -hundred -year floodplain so as to reduce its storage capacity or disturb riparian vegetation. K. Where side cast would encroach upon a one -hundred -year floodplain, end haul construction is required. L. Waterway crossings shall be constructed with minimum disturbance to banks and existing channels. M. Any soil or debris accidentally placed in the channel during bridge construction shall be removed by approved methods. All exposed soils shall be stablized. N. All bridges shall be high enough to pass all anticipated debris and high water flows. O. Where aggregate earthen materials are used for paving or accumulate on bridges, sufficient curbs shall be installed to contain the surface material. P. Each stringer bridge shall have one secured end and one end free to swing. Q. When active use of a logging road is discontinued, it shall be left in such condition to provide adequate drainage and soil stability. R. Equipment used for transportation, storage or application of chemicals shall be maintained in leakproof condition. If there is evidence of chemical leakage, the further use of such equipment must be suspended until the deficiency has been satisfactorily corrected. S. Materials treated with penta, creosote, or other chemicals shall be dried completely before use in any lake or stream. (Ord. 3.688 § 506, 1978). 25.20.070 Commercial development. Commercial development may be permitted in the rural environment subject to the commercial development requirements (Section 25.16.070) of the urban environment, the general requirements (Section 25.20.030) of this chapter and provided: A. The commercial activity is permitted in the underlying zone. B. Water dependent commercial development shall not be required to 1035 (King County 12-81) 25.20.070 - 25.20.100 SHORELINE MANAGEMENT maintain a shoreline setback. C. Water related commercial development shall maintain a shoreline setback of either fifty feet from the ordinary high water mark or twenty feet from the edge of the floodway, whichever is greater. This shoreline setback may be reduced to either twenty feet from the ordinary high water mark or ten feet from the edge of the floodway, whichever is greater, if the water related development provides limited public access or public access. D. Nonwater related commercial development shall maintain a shoreline setback of either seventy-five feet from the ordinary high water mark or thirty feet from the edge of the floodway, whichever is greater. This shoreline setback may be reduced to either fifty feet from the ordinary high water mark or twenty feet from the edge of the floodway, whichever is greater, if the nonwater related development provides limited public access. This shoreline setback may be reduced to either twenty feet from the ordinary high water mark or ten feet from the edge of the floodway, whichever is greater if the nonwater related development provides public access. E. Piers, moorages, floats and launching facilities may be permitted accessory to commercial development, provided: 1. The structure will serve a water dependent use; 2. The structure does not constitute a hazard to navigation; 3. No portion of the structure shall be located more than one hundred twenty feet waterward of the ordinary high water mark. (Ord. 3688 § 507, 1978). 25.20.080 Signs. Signs are permitted in the rural environment subject to.� the provisions of the underlying zoning and sign provisions of the urban =: environment (Section 25.16.080), provided that no sign shall be larger than fifty square feet. (Ord. 3688 § 508, 1978). 25.20.090 Residential development. A. Multifamily residential development may be permitted in the rural environment subject to the general requirements of K.'C-C. 25.20.030 and the residential provisoes of K.C.C. 25.16.090 through 25.16.140 of the urban environment; provided, that multifamily development shall maintain a minimum setback of seventy-five feet from the ordinary high water mark, except that: 1. If the minimum setback from the ordinary high water mark of a river or stream falls within the floodway, the development s^al'_ be required to locate past the upland edge of the floodway, 2. If the development is proposed on shorelines, including one or more sensitive areas, as defined in K.C.C. 21.04 such development shall be done in accordance with regulations and procedures set forth in K.C.C. 21.54.150 through 21.54.190, B. Single-framily Fes°idebti'al" ate`.*elopEffdht 'may b°e p•e•-mibted in t.he, rural environment subject to the general'~ r.equcements of. ,KoC.0 ""25-,.` O.,,030, ward" the residential provisions of K.C.C. 25.16.090 through 25.16.140­6f` the urban environment.- C. Any pier, moorage, float or launching facility permitted accessory to single or multifamily development or common use facility accessory to a subdivision, short subdivision or planned unit development in the rural environment shall be subject to the residential pier, moorages, float or r 1 launching facility provisions of the urban environment. (Ord. 5734 § 7, 1981: Ord. 3688 § 509, 1978). RURAL ENVIRONMENT 25.20.100 25.20.100 Subdivisions. The lot standards enumerated in this section apply to any lot which has buildable area within the shorelines of the state. Buildable area means that area of the lot, exclusive of any required open space, yards or setbacks upon which a structure may be constructed. A. The minimum required area of a lot in the rural environment shall be five acres; provided, however; 1036-1 (King Countv 12-at► RURAL ENVIRONMENT 25.20.100 - 25.20.120 1. The minimum lot area may be reduced to twenty thousand square feet when: a. All lots are part of an approved subdivision or short subdivision; b. All lots are served by public water; c. All lots are served by an approved sewage disposal system; d. All lots are served by paved streets; e. All lots have a minimum width of one hundred feet, f. The base units per acre for that portion of a site under shoreline management jurisdiction in this case for a planned unit development or multifamily development shall be two. 2. The minimum lot area may be reduced to twelve thousand five hundred square feet when: a. All lots are part of an approved subdivision or short subdivision; b. All lots are served by public water; c. All lots are served by public sewers; d. All lots are served by paved streets; e. All lots have a minimum width of eighty feet; f. The base units per acre for that portion of a site under shoreline management jurisdiction in this case for a planned unit development or multifamily development shall be three. B. Any lot located wholly or partially within the shorelines of the state shall be subject to the substandard lot provisions of Chapter 21.48. C. Submerged land within the boundaries of any waterfront parcel shall not be used to compute lot area, lot dimensions, yards, open space or other similar required conditions of land subdivision or development, except; where specifically authorized by ordinance, such lands may be used in area computations as an incentive to encourage common open space waterfront areas. D. The foregoing lot area and width standards may be further reduced in direct proportion to the amount of usable area dedicated as common open space within the shorelines of the state as long as the net density remains the same. The common open space shall provide physical access to the ordinary high water mark for the residents of an approved subdivision; short subdivision or planned unit development; provided, that in no case may the lot standards be reduced below the lot standards required by Title 21 (the zoning code) for the zone classification in which the lot(s) is (are) located. E. The lot averaging provisions of Chapter 21.08 shall not apply to any lot wholly or partially within the shorelines of the state. (Ord. 3688 § 510, 1978). 25.20.110 Utilities. Utility facilities may be permitted in the rural environment subject to the utilities requirements (Section 25.16.160) of the urban environment and the general requirements (Section 25.20.030) of this chapter. (Ord. 3688 § 511, 1978). 25.20.120 Industrial development. A. The provisions of this chapter apply to industrial and manufacturing types of activities including ports. B. Industrial development may be permitted in the rural environment subject to the industrial development provisions (Section 25.16.170) of the urban environment and the general requirements (Section. 25.20.030) of this chapter, provided the industrial activity is permitted in the underlying zone. C. Water dependent industrial development shall not be required to maintain a shoreline setback. D. Water related industrial development shall maintain a shoreline setback of either fifty feet from the ordinary high water mark or twenty feet 1037 (King County 12-81) 25.20.120 - 25.20.150 SHORELINE MANAGEMENT from t:a edge of the floodway, whichever is greater. This shoreline setback may be reduced to either twenty feet from the ordinary high water mark or ten feet from the edge of the floodway, whichever is greater, if the water related development provides limited public access or public access. E. Nonwater related industrial development shall maintain a shoreline setback of either seventy-five feet from the ordinary high water mark or thirty feet from the edge of the floodway, whichever is greater. This shoreline setback may be reduced to either fifty feet from the ordinary high water mark or twenty feet from the edge of the floodway, whichever is greater, if the nonwater related development provides limited public access. This shoreline setback may be reduced to either twenty feet from the ordinary high water mark or ten feet from the edge of the floodway, whichever is greater, if the nonwater related development provides public access. F. Piers, moorages, floats or launching facilities may be permitted accessory to industrial development, provided: 1. The structure will serve a water dependent use; 2. The structure does not constitute a hazard to navigation. (Ord. 3688 § 512, 1978). 25.20.130 Shoreline protection. A. Shoreline protection may be permitted in the rural environment subject to the shoreline protection provisions (Section 25.16.180) of the Urban Environment. B. Breakwaters shall not be permitted. (Ord. 3688 § 513, 1978). 25.20.140 Excavation, Dredging and Filling. Excavation, dredging and filling may be permitted in the rural environment subject to the provisions of K.C.C. 25.16.190 of the urban environment provided: l_ A. Excavation,. dredging and filling below the ordinary high water mark !- shall be permitted only to serve a water dependent use or when necessary to " mititgate conditions which endanger public safety or fisheries resources. B. Channelizing, straightening or relocating rivers or streams shall not be permitted. (Ord. 5734 § 8, 1961: Ord. 3688 § 514, 1978). 25.20.150 Recreation. Recreational development may be permitted in the mq rural environment 'subject to the general reuirements (Section 25.20.0.30) of this chapter and the recreation provisions (Section 25.16.190) of t^e urban environment; provided, that any pier, moorage, float or launching facility constructed in conjunction with a recreational development s::ail be governed by the pier and moorage regulations for commercial development (Section 2.5.20.070) in this chapter. (Ord. 3688 § 515, 1978). C'iapter 25.24 CONSERVi,NCY ENVIRONMENT Sections: 25.24.010 Purpose. 25.24.020 Designation criteria. 25.24.030 General requirements. 25.24.040 Agricultural practices. 25.24.050 Aquatic resource practices. 25.24.060 Forest management practices. 25.24.070 Commercial development. (King County 12-81) 1038 CONSERVANCY ENVIRONMENT 25.24.010 - 25.24.030 25.24.080 Signs. 25.24.090 Residential development. 25.24.100 Subdivisions. 25.24.110 Utilities. 25.24.120 Industrial development. 25.24.130 Shoreline protection. 25.24.140 Billing and excavation. 25.24.150 Recreation. 25.24.010 purpose. Conservancy areas are intended to maintain their existing character. This designation is designed to protect, conserve, and manage existing natural resources and valuable historic and cultural areas. The preferred uses are those nonconsumptive of the physical and biological resources of the area. (Ord. 3688 S 601, 1978). 25.24.020 Designation criteria. Designation criteria for the conservancy environment shall be: A. Shoreline areas, regardless of the underlying zoning which has biophysical limitations to development which include but are not limited to: 1. Shoreline areas which are one hundred -year floodplains and areas which have flooding potential, 2. Shoreline areas with soils that have poor drainage, 3. Shoreline areas subject to severe erosion, 4. Shoreline areas with unstable banks, 5. Shoreline areas subject to slide hazard; B. Shoreline areas used as commercial forest land.- C. Shoreline areas which are free from extensive development; D. Shoreline historic areas; E. Shoreline area of high scenic value; F. Shoreline areas used for low intensity agricultural uses such as range lands and pastures; G. Shoreline areas which are designated agricultural lands pursuant to Chapter 20.54; H. Areas which play an important part in maintaining the ecological balance of the region such as: 1. Areas rich in quality and quantity of life forms, 2. Areas important to the maintenance of the natural quality and flow of the water, 3. Marshes, bogs and swamps, 4. Class I beaches, 5. White water rapids and waterfalls, 6.. Virgin timber stands, 7. Wilderness areas. (Ord. 3688 S 602, 1978). 25.24.030 General requirements. A. Nonwater related, water related and residential development shall not be permitted waterward of the ordinary high water mark. B. Except in those cases when the height requirements of the underlying zone are more restrictive, no structure except agricultural structures may exceed a height of thirty-five feet above average grade level. C. All development shall be required to provide adequate surface water retention and sedimentation facilities during the construction period. D. Development shall maintain the first fifty feet of property abutting a natural environment as required open space. 1039 25.24.030 - 25.24.090 SHORELINE MANAGEMENT E. parking facilities except parking facilities associated with detached single-family and agricultural development shall maintain a shoreline setback of one hundred feet from the ordinary high water mark and retain existing vegetation or be planted in conformance with the landscape standards i enumerated in the general requirements (Section 25.16.030) of the urban environment. F. Collection facilities to control and separate contaminants shall be required where stormwater runoff from impervious surfaces would materially degrade or add to the pollution of recipient waters or adjacent properties. G. The regulations of this chaper have been categorized. in a number of sections; regardless of the categorization of the various regulations, all development must comply with all applicable regulations.. H. Development proposed in shorelines of the state shall maintain setbacks, provide easements or otherwise develop the site to permit a trail. to be constructed or public access to continue where: 1. There is a proposed trail in the King County trail system; or 2. Part of the site is presently being used and has historically been used for public access. a. Along shorelines of the state on Lake Sammamish, no building shall be placed on lands below thirty-two and one-half feet mean sea level. (Ord. 3688 S 603, 1978). 25.24.040 Agricultural practices. Agricultural practices may be permitted in the conservancy environment subject to the agricultural provisions (Section 25.16.040) of the urban environment. (Ord. 3688 S 604, 1978). 25.24.050 Aquatic resource practices. Aquatic resource practices may be 1 permitted in the conservancy environment subject to the aquatic resource provisions (Section 25.16.050) of the urban environment, except that mechanical harvesting of shellfish shall not be permitted. -(Ord. 3688 S 605, 1978) . 25.24.060 Forest management practices. Forest management practices may be permitted in the conservancy environment subject to the forest management practices provisions (Section 25.204060) of the rural environment. (Ord. 3688 5 606, 1978). 25.24.070 Commercial development. Commercial development shall not be permitted in the conservancy environment. (Ord. 3688$ 607, 1978). 25.24.080 Signs. Signs, except educational signs of not more than twenty-five square feet erected within recreational developments and signs as permitted by Section 21.08.040 A:., are not permitted in the conservancy environment. (Ord. 3688 S 608, 1978). 25.24.090 Residential development. A. Multifamily development is prohibited in the conservancy environment, except that the clustering of dwelling units into multifamily development may be permitted to avoid development of sensitive or hazardous areas such as marshes, swamos, bogs, floodplains, or steep or unstable slopes; provided, that the density standards 1. enumerated in Section 25.24.100 shall not be exceeded. This provision is not intended to promote intensive development in the conservancy environment. The intent of this provision is to permit development which would have less CONSERVANCY ENVIRONMENT 25.24.090 - 25.24.110 adverse impact on sensitive or hazardous areas than traditional lot by lot development. B. Single-family residential development may be permitted in the conservancy environment subject to the general requirements of this chapter and the single-family .Provisions K-.C.C. 25.16.090 through 25.16.140 of the urban environment. S ij : -em3Zy re identi.al development shall .maintain i minim .m. setback of fifty feet from the ord'inairy h g)i wa ez y ar ',' except"'that': I. If the minimum setback from the ordinary high water mark of a river or stream falls within the f loodway, the development shall be required to be located past the upland edge of the floodway, 2. If development is proposed on shorelines, including one or more sensitive areas, as defined in K.C.C. 21.04, such development shall be done in accordance with regulations and procedures set forth in K.C.C. 21.54.150 - 21.54.190, 3. A farmhouse permitted under K.C.C. 21.54.060 shall be exempt from the setback requirements of this section. C. Any pier, moorage, float or launching facility permitted accessory to single-family development or common use facility accessory to subdivision, short subdivision or planned unit development in the conservancy environment shall be subject to the pier, moorage, float and launching facility provisions K.C.C. 25.16.090 through 25.16.140 of the urban environment; provided, no such authorized structure shall be located within two hundred feet of any other such structure. (Ord. 5734 § 9, 1981: Ord. 5061 § 5, 1980: Ord. 3688 § 609, 1978). 25.24.100 Subdivision. The lot standards enumerated in this subsection apply to any lot which has buildable area within the shorelines of the state. t:. Buildable area means that area of the lot, exclusive of any required open space, yards or setbacks upon which a structure may be constructed. A. The minimum required lot area in the conservancy environment shall be five acres; provided, however, the minimum lot area may be reduced to 40,000 square feet when: 1. All lots are part of an approved subdivision or short subdivision; 2. All lots are served by an approved sewage disposal system; 3. All lots are served by public water; 4. All lots have a minimum width of one hundred fifty feet; 5. The base units per acre for that portion of a site under shoreline management jurisdiction in this case for a planned unit development or multifamily development shall be one. B. Any lot located wholly or partially within the shoreline of the state shall be considered a legal building site, provided that such lot(s) shall be subject to the substandard lot provisions of Chapter 21.48. C. Submerged land within the boundaries of any waterfront parcel shall not be used to compute lot area, lot dimensions, yards, open space or other similar required conditions of land subdivisions or development; except, where specifically authorized by ordinance, such land may be used in area computations as an incentive to encourage common open space waterfront areas. D. The foregoing lot area and width standards may be further reduced in direct proportion to the amount of usable area dedicated as common open space within the shorelines of the state as long as the net density remains the same. The common open space shall provide physical access to the ordinary high water mark for the' residents of an approved subdivision, short subdivision or planned unit development; provided, that in no case may the lot standards be reduced below the lot standards required by Title 21 (the zoning code) for the zone classificaton in which the lot(s) is (are) located. 1041 (King Countv 12-All SHORELINE MANAGEMENT 25.24.100 - 25.24.110 E. The lot averaging provisions of Chapter 21.08 shall not apply to any lot wholly or partially within the shoreline. (Ord. 3688 § 610, 1978). 25.24*110 Utilities. Utility facilities may be permitted in the conservancy environment subject to the general requirements (Section 1041-1 (KinQ Countv 12-a11 25.24.110 - 25.24.150 SHORELINE MANAGEMENT 25.24.030)• of this chapter and the utility provisions (Section 25.16.160) of the urban environment. (Ord. 3688 § 611, 1978). 25.24.120 Industrial development. Industrial development shall not be permitted in the conservancy environment. (Ord. 3688 § 612, 1978). 25.24.130 Shoreline protection. A. Shoreline protection may be permitted in the conservancy environment, subject to the shoreline protection provisions (K.C.C. 25.16.180) of the urban environment. B. Breakwaters shall not be permitted. (Ord. 5734 § 10, 1981: Ord. 3688 § 613, 1978). 25.24.140 Excavation, Dredging and Filling. Excavation, dredging and filling may be permitted in the conservancy environment, subject to the excavation, dredging, and filling provisions R.C.C. 25.16.190 of the urban environment provided: A. Excavation, dredging, or filling below the ordinary water mark shall be permitted only to mitigate conditions which endanger public safety or fisheries resources; B. Channelizinq, straightening or relocating rivers or streams shall not be permitted; C. Excavation or dredging of marshes, swamps or bogs shall not be permitted. (Ord. 5734 § 11, 1981: Ord. 3688 § 614, 1978). 25.24.150 Recreation. Recreational development may be permitted in the conservancy environment subject to the general requirements of this chapter (Section 25.24.030) and the recreation provisions (Section 25.16.200) of the urban environment provided: A. The recreational development will not require any significant filling, excavating or regarding involving more than twenty-five percent of that portion of the site within the shorelines of the state. B. The construction of indoor swimming pools, gyms and other indoor recreational facilities is prohibited. C. Piers, moorages, floats or launching facilities constructed in conjunction with recreational development shall not be: 1. Longer than one hundred twenty feet; or 2. Larger than 1350 square feet in surface area. (C-rd. 3688 § 615, 1978). Chapter 25.28 NATURAL ENVIRONMENT Sections: - 25.28.010 Purpose. 25.29.020 Designation criteria. 25.28.030 General requirements. 25.29.040 Agricultural practices. 25.28.050 Aquatic resource practices. 25.28.060 Forest management practices. 25.28.070 Commercial development. 25.29.080 Signs. t NATURAL ENVIRONMENT 25.28.010 - 25.28.040 25.28.090 Residential development. 25.28.100 Subdivisions. 25.28.110 Utilities. 25.28.120 Industrial development. 25.28.130 Shoreline protection. 25.28.140 Filling and excavation. 25.28.150 Recreation. 25.28.010 Purpose. The purpose of designating the natural environment is to preserve and restore those natural resource systems existing relatively free of human influence. These systems require severe restrictions of intensities and types of uses permitted so as to maintain the integrity of the natural environment. (Ord. 3688 § 701, 1978). 25.28.020 Designation criteria. Designation criteria for the natural environment shall be: A. A shoreline area that provides food, water or cover and protection for any rare, endangered or diminishing species; B. A seasonal haven for concentrations of native animals, fish or fowl, such as a migration route, breeding site or spawning site; C. Shoreline areas considered to best represent the basic ecosystem and geologic types which are of particular scientific interest; D. Shoreline areas which best represent undisturbed natural areas; E. Shoreline areas with established histories of scientific research; F. Those shoreline areas having an outstanding or unique scenic feature in their natural state; G. Shoreline areas having a high value for wilderness experience; H. In addition to the above criteria, the following should be considered when designating natural environments: 1. Areas where human influence and development are minimal, 2. Areas capable of easily being restored to a natural condition, 3. Saltwater marshes, bogs and swamps, 4. Class I beaches, 5. White water rapids and waterfalls, 6. Virgin timber stands, 7. Wilderness areas. (Ord. 3688 § 702, 1978). 25.28.030 General regaireaents. A. Nonwater related, water related and residential development shall not be permitted waterward of the ordinary high water mark. B. No structure shall exceed a height of thirty feet. C. All development shall be required to provide adequate surface water retention and sedimentation facilities during the construction period. facilities to control and separate contaminants shall be -squired where stormwater runoff from impervious surfaces would materially degrade or add to the pollution of recipient waters or adjacent properties. E. Parking areas must maintain a shoreline setback of two hundred feet from the ordinary high water mark and retain existing vegetation or be planted to conform to the landscape standards enumerated in the general requirements (Section 25.16.030) of the urban environment. (Ord. 3688 § 703, 1978). 25.28.040 Agricultural practices. Agricultural practices shall not be permitted in the natural environment. (Ord. 3688 § 704, 1978). 1043 (Ring County 12-81) 25.28.050 - 25.28.100 SHORELINE MANAGEMENT 25.28.050 Aquatic resources practices. Aquatic resource practices may be permitted in the natural environment of the Green River at Icy Creek subject' to a public hearing and the general requirements set forth in Section 25.28.030 and provided; A. The aquatic resources practices shall be limited to natural hatcheries; B. The development and operation of the natural hatchery shall be within state and federal guidelines for the quality of surface water and groundwater; C. All facilities shall be installed with a minimum disturbance to shoreline banks and existing channels; D. Benefits of the natural hatchery will significantly outweigh the impacts; E. That the benefits cannot be achieved at another location on the Green River not designated as a natural environment. (Ord. 4222 § 3, 1979: Ord. 3688 § 703, 1978) . 25.28.060 Forest management practices. Forest management practices shall not be permitted in the natural environment. (Ord. 3688 § 706, 1978). 25.28.070 Commercial development. Commercial development shall not be permitted in the natural environment. (Ord. 3688 § 707, 1978). 25.28.080 Signs. Signs, except educational signs of no more than twenty-five square feet within recreational developments and signs which are permitted by Section 21.08.030 H., are not permitted in the natural environment. (Ord. 3688 § 708, 1978). 25.28.090 Residential development. A. Multifamily and accessory 4 development is prohibited in the natural environment. B. Single-family residential development may be permitted in the natural environment subject to the general requirements of K.C.C. 25.28.030 and the single-family provisions 25.16.090 throw 25-16-140 of the urban environment; pr4V aed., single -€airily residential development shall: ma. pr i.n ...a min um seil�aCk of one-htindred"feet from the ordinary-. gia ,v�ater mask,- e*­cep�;. that: 1. If the minimum setback from the ordinary high water mart of a river or stream falls within the floodway, the development shall be required to locate past the upland edge of the floodway. 2. If development is proposed on shorelines, including one or more sensitive areas, as defined in K.C.C. 21.04, such development s;.a'_1 be done in accordance with regulations and procedures set forth in K.C.C. 21.54.150 through 21.54.190. C. Piers, moorages, floats or launching facilities accessory to single-family development shall not be permitted in the natural environment. (Ord. 5734 § 12, 1981: Ord. 3688 § 709, 1978). 25.28.100 Subdivisions. A. The minimum required area in the natural environment shall be five acres. B. The minimum required lot width in the natural environment shall be three hundred thirty feet. C. Any lot located wholly or partially within the shorelines of the state shall be considered a legal building site, provided that such, '_ot;s) st all he subject to the substandard lot provisions of Chapter 21.48. D. Submerged land within the boundaries of any waterfront parcel shall (Kina Countv 12-81) 1044 gn NATURAL ENVIRONMENT 25.28.100 not be used to compute lot area, lot dimensions, yards, open space or other required conditions of land subdivision or development, except, where specifically authorized by ordinance, such lands may be used in area computations as an incentive to encourage common open space waterfront areas. (Ord. 3688 § 710, 1978) . 1044-1 (King County 12-81) NATURAL ENVIRONMENT 25.28.110 - 25.28.150 25.28.110 Utilities. Utility facilities may be permitted in the natural environment subject to the general requirements (Section 25.28.030) of this chapter and the utility requirements (Section 25.16.160) of the urban environment. (Ord. 3688 § 711, 1978). 25.28.120 Industrial development. Industrial development shall not be permitted in the natural environment. (Ord. 3688 § 712, 19781. 25.28.130 Shoreline protection. Shoreline protection shall not be permitted in the natural environment. (Ord. 3688 § 713, 1978). 23*28.140 Excavation, Dredging and Pilling. Excavation, dredging, and filling may be permitted in the natural environment subject to the provisions K.C.C. 25.16..190 of the urban environment, provided: A.7 Excavation, dredging, or filling below the ordinary high water mark shall be permitted only to mitigate conditions which endanger public safety or fisheries resources; B. Fill or excavation above the ordinary high water mark shall be permitted only to the extent permitted and necessary to construct development allowed in the natural environment; C. Channelizing, straightening or relocating rivers or streams shall not be permitted; D. Excavation or dredging or marshes, swamps or bogs shall not be permitted. (Ord. 5734 § 13, 1981: Ord. 3688 § 714, 1978). 25.28.150 Recreation. Recreational development may be permitted in the natural environment subject to the general requirements (Section 25.28.030) of this chapter, provided: A. The recreational development will not require any significant filling, excavation or regrading involving more than fifteen percent of that portion of the site within the shorelines of the state. B. The construction of indoor swimming pools, gyms and other indoor recreational facilities is prohibited. C. Piers, moorages, floats or launching facilities constructed in conjunction with recreational development shall not be permitted, except that floating walkways or other similar over water pedestrian structures facilitating access to observation points or viewing areas may be permitted. (Ord. 3688 § 715, 1978) . ^�Q Chapte .32 P, PROCE ES Sections: 25.32.010 Substantial development - Permit required - Exemption. 25.-32.020 Permits - Prerequisite to other permits. 25.32.030 Permits - Application - Fee - Notice - Burden of proof of compliance. 25.32.040 Permits - Variance. 25.32.050 Permits - Conditional use. 25.32.060 Permits - Alteration of nonconforming use or development. 25.32.070 Permits - Public hearing - Director's decision. 1045 (King County 12-81) 25.32.010 - 25.32.030 SHORELINE MANAGEMENT 25.32.080 Permits - Combined hearing authority. r' 25.32.090 Permits - Approval or disapproval - Notification - Additional conditions - Limitations. 25.32.100 Appeals. 25.32.110 Rules of director. 25.32.120 Enforcement. 25.32.130 Shoreline environment redesignation. 25.32.010 Substantial development - Permit required - Exemption. A. No development shall be undertaken by any person on the shorelines of the state unless such development is consistent with the policy of Section 2 of the Shoreline Management Act of 1971, and, after adoption and approval, the guidelines and regulations of the Washington State Department of Ecology and the King County shoreline master program. B. No substantial development shall be undertaken by any person on the shorelines of the state without first obtaining a substantial development permit from the director; provided, that such a permit shall not be required for the development excepted from the definition of substantial development in RCW 90.58.030 and for developments exempted by RCW 90.58.140(9) and (10). C. Any person claiming exception from the permit requirements of this chapter as a result of the exemptions described in subsection B. of this section may make an application to the director for such an exemption in the manner prescribed by the director. Development within the shorelines of the state which does not require a permit shall conform to the master program. Conditions requiring such conformance may be imposed prior to granting exemption from the permit requirement. (Ord. 3688 §:801,!1978). 25.32.020 Permita - Preregnisite to other permits. In the case of development subject to the permit requirements of this title, King County shall not issue any other permit for such development until such time as approval has been granted pursuant to this title. Any development subsequently authorized by King County shall be subject to the same terms and conditions which apply to the development authorized pursuant to this title. (Ord. 3688 § 802, 1978) . 25.32.030 Permits - Application - Pee - Notice - Burden of proof of compliance. A. Applications for substantial development : ernits, on forms prescribed by the director, shall be made with the director by the property owner, or by an authorized agent of the owner. Incomplete applications will be held for a period of ninety days to. allow the applicant to supply the required additional information. Incomplete applications shall be void after ninety days, unless the applicant requests in writing an extension for the purposes of supplying the required additional information. B. The fee which shall accompany an application for a substantial development permit or a request for extension of a permit shall be as adopted by ordinance. C. Upon receipt of proper application, the director shall instruct the applicant to publish notices of the application at least once a week on the same day of the week for two consecutive weeks in a newspaper of general circulation within the county. The director may also require publication { �- through other appropriate newspapers and information media. Within thirty days of the last publication of such notice (as used hereinafter, this term shall mean the last publication of such notice in the newspaper of general circulation within the county), any interested persons may submit their views PROCEDURES 25.32.030 - 25.32.060 on the application in writing or may notify the director of their desire to be notified of the action taken by the director. All published notices of applications shall be in a form satisfactory to the director. Notices of application shall not be published prior to the actual submission of the application to the director. Affidavits of publication shall be transmitted to the director within seven days .of their final publication. In addition, notice of theapplication for a shoreline development management substantial development permit shall be given as follows: I. The department will notify by mail the owners of property within three hundred feet of the project site. 2. For utility lines, linear recreation facilities such as trails and other developments of unusual size or configuration, the department may substitute other appropriate notification for the method set forth above. D. The burden of proving that the proposed development is consistent with the criteria set forth in K.C.C. 25.04.030 and K.C.C. 25.32.010 shall be on the applicant. (Ord. 5134 § 14, 1981: Ord. 3688 § 803, 1978). 25.32.040 Permits - Variance. A. The director is authorized to grant a variance from the performance standards of this master program only under the conditions enumerated WAC 173-14-150 (Review Criteria -for Variances). B. A variance from county zoning code requirements shall not be construed to mean a variance from shoreline master program use regulations and vice versa. C. Shoreline variances may not be used to permit a use that is specifically prohibited in an environment designation. D. The burden of proving that a proposed variance meets these conditions shall be on the applicant; absence of such proof shall be grounds for denial of the application. E. The fee which shall accompany an application for a shoreline variance shall be as adopted by ordinance. (Ord. 5734 § 15, 1981: Ord. 3688 § 804, 1974). 25.32.050 Permits - Conditional use. A. The director is authorized to issue shoreline conditional use permits only under the following circumstances: 1. The development must be compatible with uses which are permitted within the master program environment in which the development is proposed. 2. The use will cause no unreasonable adverse effects on the shoreline or surrounding properties and uses. 3. The use will promote or not interfere with public use of surface waters. 4. The development of the site will not be contrary to the policies of the master program. B. The burden of proving that a proposed shoreline conditional use meets the criteria enumerated in subsection A. of this section shall be on the applicant. Absence of such proof shall be grounds for denial of the application; provided, however, that the director is authorized to determine and impose, on a case -by -case basis, those conditions and standards which may be required to enable. any proposed shoreline conditional use to satisfy the criteria established_ in subsection A. of this section. (Ord. 3688 § 805, 1978). 25.32.060 Alteration or Reconstruction of Nonconforming Use or Development. A. Applications for substantial development or building permits to modify a nonconforming use or development may be approved only if: 1047 (King County 12-81) 25.32.060 - 25.32.080 SHORELINE MANAGEMENT 1. The modifications will make the use or development less nonconforming; or 2. The modifications will not make the use or development more nonconforming. B. A use or development, not conforming to existing regulations, which is destroyed, deteriorated, or damaged more than fifty percent of its fair market value at present or at the time of its destruction by fire, explosion, or other casualty or act of God, may be reconstructed only insofar as'it is consistent with existing regulations. C. The review of applications for the modification of a nonconforming use or development shall be subject to the guidelines enumerated in R.C.C. 21.51 (Nonconforming Buildings and Uses) . (Ord. 5734 § 16, 1981: Ord. 3688 § 806, 1978). 25.32.070 permits - Public hearing - Director's decision. A. Decisions on applications for substantial development permits shall not be made until at least one public hearing has been held if: 1. A public hearing before either the zoning adjustor or zoning and subdivision examiner is required by county law; or 2. The director determines that the proposed. development is one of broad public significance within fifteen days of the date of the notice pursuant to Section 25.32.030 C. 1. and 2. Broad public significance shall be assumed if there exists an organized group in opposition with more than fifty participants. B. The public hearing required under subsection A. of this section shall be conducted by the director, except that the director's hearing may be conducted in accordance with Section 25.32.080. C. If, for any reason, testimony on any matter set for putlic hearing, or being heard, cannot be completed on the date set for such hearing, the director may, before adjournment or recess of such :natters under consideration, publicly announce the time and place of the continued ;:easing and no further notice is required. D. When the director renders a decision, he shall make and eater written findings from the record and conclusions thereof which supoo.- his decision and the findings and conclusions shall set forth the ma;:rer in which. the decision is consistent with the criteria set forth in Sections 25.04.030 and 25.32.010 of this title. E. The director shall have the power to prescribe rules and regulations for the conduct of hearings before him; and also to issue s==ons for and compel the appearance of witnesses, to administer oaths, and to preserve order. The privilege of cross --examination of witnesses shall be accorded all interested persons or their counsel in accordance with the rules of the director. F. The decision of the director shall be the final decision of the county on all applications and the director shall render a written decision and transmit copies of his decision to the persons who are' required to receive copies of the decision pursuant to Section 25.32.090. (Ord. 3688 § 807, 1978). 25.32.080 Permits - Combined hearing authority. A. in those cases when proposed development under the jurisdiction of this title also requires a public hearing before either the zoning adjustor or the hearing examiner, the y' adjustor or the examiner may, pursuant to agreement between the director and the adjustor or examiner, act as the director for the purposes of the puh'_ic PROCEDURES 25.32.080 hearing and decision provided for in Section 25.32.070. Acting as the director, the adjustor or examiner shall conduct a public hearing to receive evidence relating to the issuance of a substantial development permit or exemption therefrom, a shoreline management conditional use permit and/or a shoreline management variance. B. The adjustor or examiner shall conduct the hearing in accordance with the provisons of Section 25.32.070 and shall exercise the powers therein. C. The decision of the adjustor or examiner shall be the decision of the director and shall be the final decision of the county with regard to shoreline management. (Ord. 3688 § 808, 1978). 1048-1 (King County 12-81) PROCEDURES 25.32.090 - 25.32.120 F .090 Permits - Approval or disapproval - Notification - Additional 4. as - Limitations. A. The director _shall notify the following persons iL.Ywr ti_ng of his final approval, disapproval or conditional approval of a substantial development permit application within five days of his final decision: I. The applicant; 2. The Washington State Department of Ecology; 3. The Washington State Attorney General; 4 Any person who has submitted to the director written comments on the application; 5. Any person requesting notification prior to permit action. B. In granting or extending a permit, the director may attach thereto such conditions, modifications and restrictions regarding the location, character and other features of the proposed development and related development and activity outside of the shoreline as he finds necessary to make the permit compatible with the criteria set forth in Sections 25.04.030 and 25.32.010 of this title. Such conditions may include requirement to post a performance bond assuring compliance with permit requirements, terms and conditions. C. Issuance of substantial development permit does not constitute approval pursuant to any other federal, state or county laws or regulations. (Ord. 3688 § 809, 1978) . 25.32.100 Appeals. A. Appeals from the final decision of the county with regard to shoreline management shall be governed solely by the provisions of RCW 90.58.180. B. The effectivedate of King County's decision shall be the date of filing with the Department of Ecology as defined in RCW 90.5.8.140. C. When a hearing and decision has occurred pursuant to Section 25.32.080 and the examiner's recommendation with regard to disposition of a propDSed development pursuant to Titles 19, 20 and 21 of this code requires Icing County Council action, the final decision of the county pursuant to this title shall be effective on the date of filing as defined in RCW 90.58.140 for the purposes of appeal as provided in RCW 90.50.140. However, no development may occur until the King County Council has taken final action on the examiner's recommendation required by Titles 19, 20 and/or 21 of this code. (Ord. 3688 § 81.0, 1978.) . 25.32.110 Rules of director. The director is authorized to adopt such rules as are necessary and appropriate to implement this chapter. The director may prepare and require the use of such forms as are necessary to its administration.. (Ord. 3688 § 811, 1978). 25.32.120 Enforcement. A. The director is authorized to enforce the Provisions of.this title, the ordinances and resolutions codified in it, and any rules and regulations promulgated thereunder pursuant to the enforcement and penalty provisions of Title 23. B. Any person found to have wilfully engaged in activities on the shorelines of the state in violation of this title or the Shoreline Management Act of 1971 or in violation of the master program, rules or regulations adopted pursuant thereto is guilty of a gross misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than 1049 (King County 12-81) 25.32.120 - 25.32.130 SHORELINE MANAGEMENT ninety days, or by both fines and imprisonment; provided, that the fine for the third and all subsequent violations in any five-year period shall be not less than five hundred dollars nor more than ten thousand dollars. C. The Ring County prosecuting attorney shall bring such injunctive, declaratory, or other actions as are necessary to insure that no uses are made of the shorelines of the state in conflict with the provisions of this title or the Shoreline Management Act of 1971 or in conflict with the master program, rules or regulations adopted pursuant thereto, and to otherwise enforce the provisions of this chapter and the Shoreline Management Act of 1971. D. Any person subject to the regulatory provisions of this title who violates any provision of this title or the provisions of a permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area, within a reasonable time, to its condition prior to such violation. The King County prosecuting attorney shall bring suit for damages under this subsection on behalf of the county. Private persons shall have the right to bring suit for damages under this subsection on their own behalf and on behalf of all persons similarly situated. The court on its discretion may award attorney's fees and costs of the suit to the prevailing party. (Ord. 3688 812, 1978). 25.32.130 Shoreline environment redesignation. A. Shoreline environments designated by the master program may be redesignated by the County Council upon finding that such a redesignation will be consistent with: 1. The policy of Section 2 of the Shoreline :Management act of 1971; - 2. The goals, objectives and policies of the master program; 3. The designation criteria of the shoreline environment- designation rev_uested . B. Application for redesignation shall be made on forms and in a manner prescribed by the director. C. The fee which shall accompany an application for a s:.creline redesignation shall be as adopted by ordinance. D. Redesignations may be initiated by: 1. The verified application of the owner(s) of the property requested to be redesignated; or 2. The adootion of a motion by the council requesting -::e executive to set the matter for Nearing and recommendation. E. Applications for redesignation shall not be accepted by the department if a request for redesignation involvinq the same designation for substantially the same property has been denied within the last year. F. Upon receipt of a properly filed application for redesignation, the department shall prepare a report to the zoning and subdivision examiner. G. The report and recommendation of the department shall be forwarded to the zoning and subdivision examiner for consideration tcgether with all relevant testimony at a public hearing to be held consistent with the procedures for a zone reclassification as provided in Chapter 20.24. (Ord. 5734 § 17, 1981: Ord. 3688 § 813, 1978). I1_01 1 I C n Chapter 20 SUBDIVISIONS* Article I. In General Sec. 20-1. Definitions. Sec. 20-2. Purpose. Sec. 20-3. Interpretation; conflict. Sec. 20.4. Violations, enforcement and penalties. Sec. 20-5. Use of King County Aerial Survey. Secs. 20.6-20-20. Reserved. e Article IL Plats Division 1. Generally Sec. 20-21. Preapplication conference. Secs. 20-22-20.40. Reserved. Division 2. Boundary Line Adjustments Sec. 20-41. Scope. Sec. 20-42. Review process. Sec. 2043. Applications. Sec. 20-44. Recordation. Secs. 2045-20-60. Reserved. Division 3. Binding Site Plans Sec. 20-61. Subdivisions requiring binding site plan. Sec. 20-62. Application. Sec. 20-63. Plan review. Sec. 20-64. Recordation. Sec. 20-65. Identification of other restrictions. Secs. 20-66-20-80. Reserved. Division 4. Short Subdivision Plats Sec. 20-81. Application and review process. Sec. 20-82. Preapplication conference. Sec. 20-83. Content and form of application. Sec. 20-84. Acceptance of application; routing. Sec. 20-85. Process for review. Sec. 20-86. Departmental action. Sec. 20-87. Recording of short plat. Secs. 20-88-20-105. Reserved. Division 5. Preliminary Plat Sec. 20-106. General procedure. 'Cross references -Ordinances dedicating or accepting any plat or subdivision in the city are not codified in this Code but are on file in the city clerk's office, § 1-9(12); a right-of-way access permit will not be issued for an illegal subdivision, § 13.33; mitigation of development impact, § 19-41 et seq.; requirements for drainage review, § 21-87; maintenance of subdivision retention or detention facility requirements, § 21-116; in every case where the city requires an applicant to provide a public walkway, public use area, or other area, facility or structure that is open to the public under the zoning regulations, the applicant may execute an easement or similar document in a form approved by the city attorney, § 22-10; building site requirements, § 22-953; calculating lot coverage requirements in the district regulations, § 22-955; land modification restrictions and requirements, § 22.1091 et seq.; site distance requirements at intersections, § 22-1151 et seq.; site design requirements for environmentally sensitive areas, § 22-1266 et seq. State law references -Subdivisions, RCW 58.17.010 et seq.; binding site plan, RCW 58.17.035. Supp. No. 4 1183 FEDERAL WAY CITY CODE Sec. 20-10 7. Content and form of application. Sec. 20-10& Conformance with zoning code, zoning maps. Sec. 20.109, Acceptance of application; routing. Sec. 20-110. Completion of environmental policy process. Sec. 20.111. Process for review; notice of public hearing. See. 20.112. Report to hearing examiner; review. Sec. 20-113. City council review, action. Sec. 20-114. Effect; duration approval. Secs. 20.115-20.130. Reserved. Division 6. Final Plat Sec. 20.131. Submission. 0 Sec. 20-132. Contents. Sec. 20-133. Improvements; completion or guarantee. Sec. 20-134. Approval and filing. Secs. 20-135-20-139. Reserved. Division 7. Alterations of Plats Sec. 20.140, Plat alteration distinguished from boundary line adjustment. Sec. 20.141. Alteration application. Sec. 20-142. Acceptance of application, routing. Sec. 20.143. Process for review and notice of public hearing. Sec. 20.144. Report to hearing examiner, review. Sec. 20-145. City council review, action. Sec. 20-146. Affect; duration approval. Sec. 20-147. Final drawings. Secs. 20-148-20-150. Reserved. l' Article M. Design Criteria Sec. 20-151. Subdivision design. Sec. 20-152. Lot design. Sec. 20.153. Density. Sec. 20-154. Cluster subdivision. Sec. 20-155. Open space and recreation. Sec. 20-156. Pedestrian and bicycle access. Sec. 20.157. View considerations. Secs. 20-158-20.175. Reserved. Article IV. Improvements Sec. 20-176. Improvements required. Sec. 20-177. Density regulations. Sec. 20-178. Buffers. Sec. 20-179. Retention of vegetation. Sec. 20-180. Streets and rights -of -way. Sec. 20-181. Water. Sec. 20-182. Sewage disposal. Sec. 20-183. Storm drainage. Sec. 20-184. Other utilities. Sec. 20-185. Street lighting. Sec. 20-186. - Landscaping protection and enhancement. Sec. 20-187. Monuments. Secs. 20-188-20-205. Reserved. Article V. Public Improvement Assessments Sec. 20-206. Purpose. Sec. 20-207. Authorization. Sec. 20-208. Contents of application. Supp. No. 4 1184 I r SUBDIVISIONS Sec. 20-209. Notice to proporty owners. Sec. 20.210. City council action. Sec. 20-211. Preliminary assessment reimbursement area, amendments. See. 20-212. Contract execution and recording. Sec. 20-213. Application fees. Sec. 20-214. City financing of improvement projects. Supp. No. 4 1184.1 r SUBDIVISIONS § 20-2 l I ART ICLE I. IN GENERAL Sec. 20-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Binding site plan shall mean a drawing of the division of land for sale or lease which is intended for commercial or industrial use. Dedication shall mean the deliberait appropri- ation of land by its owner for general and public use or purpose, reserving no other rights than these that are compatible with the full exercise and enjoyment of the public use or purpose to which the property has been devoted. Department shall mean an administrative de- partment of the city titled the department of com- munity development. Final plat shall mean the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth for final plats in this chapter and as required by state law. Hearing examiner shall mean the hearing ex- aminer operating pursuant to the powers and du- ties set forth by chapter 22, Zoning. Lot shall mean a parcel of land having fixed boundaries described by reference to a recorded plat; by reference to metes and bounds; or by ref- erence to section, township and range. Preliminary plat shall mean a neat approxi- mate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision. Right-of-way shall mean land dedicated or con- veyed to the public or a unit of government, the primary purpose, of which is the movement of ve hicles and pedestrians and providing for access to adjacent parcels, with the secondary purpose of providing space for utility lines and appurtenances and other devices and facilities benefiting the public. Short plat shall mean a final drawing of the short subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth for short subdivisions in this chapter and as required by state law. Short subdivision shall mean the division of land into four or less lots, tracts, parcels, sites or divi- sions for the purpose of sale, lease or transfer. Subdivider, developer or platter shall mean any person or authorized representative undertaking the subdividing or resubdividing of a lot, block or other parcel of land. Subdivision shall mean the division of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer and in- cluding all resubdivision of land except as pro- vided in this chapter. Tract shall mean a fractional part of subdivided lands having fixed boundaries, which is dedicated or reserved by appropriate covenant or plat re- striction for purposes of ingress, egress, utility ac- cess, open space, drainage or other purpose nec- essary to the public welfare. Zoning restriction shall mean the restrictions contained in chapter 22, Zoning. (Ord. No. 90-41, § 1(16.20), 2-27-90) Cross reference —Definitions and rules of construction gen- erally, § 1-2. Sec. 20-2. Purpose. This chapter is adopted in furtherance of the comprehensive plan of the city. It is hereby de- clared that the regulations contained in this chapter are necessary to: (1) Promote the health, safety and general wel- fare in accordance with standards estab- lished by the state and the city; (2) Promote effective use of land by preventing the overcrowding or scattered development which would injure health, safety 'or the general welfare due to the lack of water supplies, sanitary sewer, drainage, trans- 1185 § 2C-2 FEDERAL WAY CITY CODE portation or other public services, or exces- sive expenditure of public funds for such services; (3) Avoid congestion and promote safe and con- venient travel by the public on streets and highways through the proper planning and coordination of new streets within subdivi- sion with existing and planned streets in the surrounding community; (4) Provide for adequate light and air; (5) Provide for water, sewage, drainage, parks and recreational areas, sites for schools and school grounds and other public require- ments; (6) Provide for proper ingress and egress; (7) Provide for housing and commercial needs of the community; (8) Require uniform monumenting of land di- visions and conveyance of accurate legal de- scriptions; (9) Protect environmentally sensitive areas; (10) Provide for flexibility in site design to ac- commodate view. enhancement and protec- tion, protection of streams and wetlands, protection of steep slopes and other envi- ronmental significant or sensitive areas. (Ord. No. 90-41, § 1(16.10.20), 2-27-90) Sec. 20-3. Interpretation; conflict. (a) In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements. More stringent provi- sions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and welfare. (b) Where the conditions imposed by any provi. sions of this chapter are either more restrictive or less restrictive than comparable conditions im- posed by any other provisions of this chapter or of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher stan- dards or requirements shall govern. (Ord. No. 90-41, § 1(16.450.10, 16.450.20), 2-27-90) Sec. 20-4. Violations, enforcement and pen- alties. (a) Any person or any agent thereof who di- vides land into lots, tracts, or parcels of land and sells or transfers, or offers or advertises for sale or transfer, any such lot, tract or parcel without having a final plat, short plat, boundary line ad- justment, or binding site plan filed for record, or who otherwise violates or fails to comply with any of the provisions of this chapter, or any amend- ment thereto, shall be guilty of a gross misde- meanor punishable by a fine of not more than $4,000.00 for each offense. Each such sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land shall be deemed a separate and distinct offense; provided, however, an offer or agreement to sell, lease, or otherwise transfer a lot, tract or parcel of land following preliminary plat approval shall not be deemed in violation of this chapter if performance of the offer or agree- ment is expressly conditioned on the recording of the final plat containing the lot, tract or parceL All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to the seller shall be permitted until the final plat is recorded. (b) The city, through its authorized agents, may commence an action to restrain and enjoin viola- tions of this chapter, or of any term or condition of plat approval prescribed by the city, and compel compliance with the provisions of this chapter, or with such terms or conditions, as provided by RCW 58.17.200 and 58.17.320. The costs of such action may be taxed against the violator; (Ord. No. 90-41, § 1(16.460.10,16.460.20), 2-27-90) Sec. 20.5. Use of King County Aerial Survey. Where topography is required to be shown, the land survey data must be based on King County Aerial Survey (KCAS) datum. If King County Aerial Survey control is not available within a reasonable distance from the site, a permanent monument, (KCAS Drawing No. 29 which is on file in the city clerk's office) with an assumed el- evation of 100.00, shall be set on the site in a readily accessible location which shall be indi- cated on the plat. 1186 I SUBDIVISIONS § 20-43 Secs. 20-6-20.20. Reserved. ARTICLE 11. PLATS* DIVISION 1. GENERALLY Sec. 20-21. Preapplication conference. For the purpose of expediting applications and reducing subdivision and site plan design and de- velopment costs, the developer may request a pre - application conference in accordance with the fol- lowing requirements: (1) At the request of the applicant, the director shall schedule a preapplication conference. The preapplication conference shall allow the applicant to meet with appropriate rep- resentatives of city departments and other agencies. (2) Applicants seeking a preapplication confer- ence shall submit information describing the site, location, topography of the site and a general concept plan indicating the layout of streets and lots. Information relating to the location and size of utilities shall also be provided. This information shall be pro- vided ten days prior to the preapplication conference. (3) A brief written summary of the preapplica- tion conference shall be provided by the di- rector within ten working days of the final meeting. (4) The applicant may be charged reasonable fees for a preapplication conference. (5) The preapplication conference is advisory only and neither the proponent nor the tech- nical staff shall be bound by any determi- nations made therein. (Ord. No. 90-41, § 1(16.40), 2-27-90) Secs. 20.22-20-40. Reserved. 'Cross reference —Authority to adopt rules and regula- tions regarding procedures to assure building regulations are reviewed as part of this process, § 5-37. State law reference —Subdivision plats, RCW ch. 68.17. DIVISION 2. BOUNDARY LINE ADJUSTMENTS Sec. 20.41. Scope. (a) Boundary line adjustments shall be a minor alteration in the location of lot boundaries on ex- isting lots. Such alteration shall not increase the number of lots nor diminish in size open space or other protected environments. (b) Such alteration shall not diminish the size of any lot so as to result in a lot of less square footage than prescribed in the zoning regulations. (c) Such alteration shall not result in the reduc- tion of setbacks or site coverage to less than pre- scribed by the zoning regulations. (d) All lots resulting from the boundary line alteration shall be in conformance with the de. sign standards of this chapter. (Ord. No. 90-41, § 1(16.200.10), 2-27-90) Sec. 20.42. Review process. The director of community development shall administratively approve boundary line adjust- ments pursuant to this division. Boundary line adjustments are not required to be processed under processes I through IV of the zoning regulations section 22-386 et seq. No other review process under this chapter shall be required for boundary line adjustments. (Ord. No. 9041, § 1(16.200.10), 2-27-90) Sec. 20.43. Applications. Applications for boundary line adjustments shall be submitted to the department of community de- velopment in essentially the same form as a short plat and shall include the following information: 1187 (1) If applicable under section 22-1221 et seq., regarding environmentally sensitive areas, completed checklists or other required en- vironmental documentation; (2) 'The existing lot lines shown in dashed lines and the area, in square feet, of each of the lots; § 20-43 FEDERAL WAY CITY CODE (3) The new lot lines shown in solid lines and the area, in square feet, of each of the new lots; (4) The location of all structures on the lots and the distance of each from both the ex- isting and proposed lot lines, when such dis- tance is less than 50 feet; (5) The location of all existing driveways and recorded easements for access, utilities or other purposes. (Ord. No. 90-41, § 1(16.200.20), 2-27-90) Sec. 20-44. Recordation. All approved boundary line adjustments shall be recorded with the county division of records and elections in the same manner as a short sub- division. Such recorded document shall reference the recording number of the plat or short plat which is being altered by the boundary line ad- justment. (Ord. No. 90-41, § 1(16.200.30), 2-27-90) Secs. 20-45-20-60. Reserved. DIVISION & BINDING SITE PLANS* Sec. 20-61. Subdivisions requiring binding site plan. Divisions of land for sale or lease which are intended for commercial or industrial develop- ment and which are zoned properly for such uses shall be required to obtain an approved binding site plan in accordance with this and- other ordi- nances of the city. (Ord. No. 90-41, § 1(16.420), 2-27-90) Sec. 20-62. Application. (a) Applications for binding site plans shall be submitted in the same content and form as stip- ulated for short subdivisions in section 20.81 et seq. (b) Applications shall be at a scale of no less than one inch equals 100 feet and shall clearly show lot and parcel sizes, building envelopes, open *Cross reference —Site plan review procedure, § 22-361 et seq. State law reference —Binding site plans, RCW 58.17.035. space and buffers, road rights -of -way (whether public or private), utility easements and other in- formation pertinent to the development as re- quired by the director of community development. (c) Applications shall be processed under the provisions of process III, section 22-476 et seq. (Ord. No. 90-41, § 1(16.430.10-16.430.30), 2-27-90) Cross reference —Process III review requirements, § 22476 at seq. Sec. 20-63. Plan review. Binding site plans shall be reviewed for con- formance with section 20-2, design criteria and development standards set forth in sections 20-151 through 20-157 and 20-178 through 20-187, any other. applicable ordinances or regulations of the city, and RCW ch. 58.17. (Ord. No. 90-41, § 1(16.430.40), 2-27-90) Sec. 20.64. Recordation. (a) Approved applications shall be recorded by the city with the county department of elections and records. All fees for such recording shall be paid by the applicant. A copy of the documents; stamped with the recording number, shall be for- warded to the county department of assessments for assessment purposes. (b) Binding site plans shall be recorded consis- tent with RCW ch. 58.09. (Ord. No. 90-41, § 1(16.430.50), 2-27-90) Sec. 20-65. Identification of other restric- tions. Where the binding site plan is governed or reg- ulated by a specific zoning ordinance, the number of such ordinance shall appear on the face of the binding site plan. Additionally, the recording number of any covenants, deeds, or restrictions which affect the property shall be shown on the face of the binding. site plan. (Ord. No. 90-41, § 1(16.430.60), 2-27-90) Secs. 20.66-20-80. Reserved. 1188 SUBDIVISIONS DIVISION 4. SHORT SUBDIVISION FLATS Sec. 20-81. Application and review process. The general procedure for processing an appli- cation for a short subdivision consists of the fol- lowing steps: (1) An optional preapplication conference be- tween the proponent and city staff to dis- cuss land use, site design, transportation and environmental issues. (2) Review of the short subdivision application to determine whether or not the applica- tion is complete and acceptable for filing. (3) Review of the application by the depart- ment of community development, public works department, Federal Way Water and Sewer District, City of Tacoma public works department and county department of public health, if septic systems are to be utilized. (4) Approval, approval with conditions, or de- nial of the short subdivision by the director of the department of community develop- ment. (5) Review of engineering drawings for re- quired public improvements. (6) Approval of short subdivision by public works director. (7) Recording of short subdivision in the office of the county division of records and elec- tions. (Ord. No. 90-41, § 1(16.130.10-16.130.70), 2-27-90) Sec. 20.82. Preapplication conference. (a) For the purpose of expediting applications and reducing subdivision and site plan design and development costs, the developer may request a preapplication conference with the director of the department of community development to discuss land use, site design, required improvements and conformance with the comprehensive plan and zoning ordinance. The director may request the attendance of other staff members at the preap- plication conference. § 20-83 (b) The preapplication conference is advisory only and neither the applicant nor technical staff shall be bound by any determinations made therein. (Ord. No. 90-41, § 1(16.140.10,16.140.20), 2-27-90) Sec. 20-83. Content and form of application. (a) An application for approval of a short sub- division shall be made to the department of com- munity development upon forms furnished by the city. Applications shall be made by the owner or owners of the parcel or parcels of all property en- compassed by the application or by a duly autho- rized agent. The owner or owners of all parcels to be included must join in or be represented in the application. (b) The application shall include five prints and one reproducible mylar of the proposed short sub- division drawn to a scale of one inch equals 50 feet or larger, and should be accompanied by the following information: (1) Proposed name of the plat. (2) Location by section, township, range, and/or by other legal description. (3) Name, address and phone number of devel- oper. (4) Name, address and phone number of each property owner. (5) Name, address and phone number of -regis- tered land surveyor. (6) Scale of drawing, date and north point. (7) Existing topography of the land indicated by contours of two -foot intervals for slopes less than 20 percent and five-foot intervals for slopes of 20 percent or greater. (8) Location and extent of significant natural features on and immediately adjacent to the site. Such features shall include but are not limited to streams, wetlands, views, signif- icant trees and water bodies. (9) Comprehensive plan and zoning classifica- tion of the proposed short subdivision and adjoining properties. 1189 § 2G=83 FEDERAL WAY CITY CODE (10) Adjacent common ownerships and the land or lot divisions of adjoining properties -not - in common ownership for a distance of at least 100 feet around the perimeter of the property proposed for subdivision. (11) Location, widths, and names of existing or prior platted streets, railroad or utility rights -of -way or easements, access ease- ments, slope easements and parks andpther public spaces, existing permanent struc- tures to be retained within and accent to the proposed short subdivision. Where the property had been previously subdivided, the original lots, blocks, streets, easements, etc., shall be shown in dotted lines in scale with the proposed short subdivision. (12) Existing and proposed water, sewer and drainage utilities on, under or over the land showing size, grades and location. (13) Layout of proposed streets, pedestrian walk- ways and easements. (14) Layout, number and dimensions of proposed lots. (15) Parcels of land intended to be dedicated for public use, or reserved for use of owners of the property in the short subdivision. (16) Building setback lines. (17) The location and size of all ditches, cul- verts, catchbasins and other parts of the design for the control of surface water drainage. (18) Typical roadway sections. (19) Vicinity map indicating the proposed short subdivision's relation to the area. (20) A copy of the current county quarter sec- tion map for the appropriate area. (21) If applicable under section 18-141 et seq., completed checklists or other required en- vironmental documentation. (22) Additional information as required at the discretion of the director. (Ord. No. 90-41, § 1(16.150.10-16.150.30), 2-27-90) Sec. 20-84. Acceptance of application; - —routing, (a) Upon submittal of an application for short subdivision, the director of community develop- ment shall determine the following: (1) That the application contains all informa- tion required herein and any additional in- formation as may be required by director of community development. (2) That the proposed short subdivision is in conformance with the zoning code and offi- cial zoning map. (3) That all applicable fees have been paid by the applicant. (b) Upon determining that the short subdivi- sion application is complete, the director of com- munity development shall distribute a copy of the application to the public works department, the Federal Way Water and Sewer District, City of Tacoma public utilities department and the county department of public health, if the project is to be served by septic tanks. (Ord. No. 90-41, § 1(16.160.10,16.160.20), 2-27-90) Sec. 20.85. Process for review. The short subdivision application shall be pro- cessed under the provisions of process I, section 22-386 et seq. (Ord. No. 90-41, § 1(16.170.10), 2-27-90) Cross reference —Process I review procedure, § 22-386 et seq. Sec. 20.86. Departmental action. (a) The application for a short subdivision shall be reviewed for compliance with section 20; 2, and design criteria and development standards set forth in sections 20-151 through 20-157 and 20-178 through 20-187, other applicable ordinances or reg- ulations of the city, and RCW ch. 58.17. (b) Any action by the department of commu- nity development relative to the. application shall contain the following information, where appli- cable: I . (1) Improvements required as conditions of ap- proval of the short subdivision. 1190 SUBDIVISIONS 4 20-107 r (2) Review comments and requirements of re- viewing agencies. (3) Reasons for denial of the short subdivision, if applicable. (c) Action by the department of community de- velopment shall constitute final action on the short subdivision application; provided, that the short plat may not be recorded until it has been certi- fied by the director of public works that all im- provements required as a condition of approval have been completed or their completion has been bonded in compliance with section 22-146 et seq. Such certification shall appear on the face of the short plat. (d) No final short plat shall be approved until the department of community development has made a formal written finding that the proposed short subdivision is in conformity with applicable zoning ordinances or other land use controls. (e) A drainage release shall be provided re- leasing the city for claims for injury or damage resulting from the storm drainage system to be installed, if any, and indemnify the city from any claims brought by downstream owners based on the operation, failure to operate, improper design or improper construction. (Ord. No. 90-41, § 1(16.180.10-16.180.50), 2-27-90) Cross reference —Procedure for requirements for bonds, § 22-146 et seq. Sec. 20.87. Recording of short plat. (a) All short plats approved in accordance with this division shall be recorded with the county division of records and elections by the city. All fees for recording shall be paid by the applicant. A copy of the documents stamped with the recording number shall be forwarded to the county depart- ment of assessments for assessment purposes. (b) Short plats shall be recorded in the same manner as a survey, consistent with RCW ch. 58.09, the Survey Recording Act. (Ord. No. 90-41, § 1(16.190.10, 16.190.20), 2-27-90) Secs. 20.88-20.105. Reserved. DIVISION 5. PRELIMINARY PLAT Sec. 20-106. General procedure. The general procedure for processing an appli- cation for a subdivision consists of seven steps as follows: 1191 (1) A preapplication conference between the proponent and city staff to discuss land use, site design, transportation and environ- mental issues if the applicant requests it, (2) Review of the preliminary plat application by the city staff to determine whether or not the application is acceptable for filing; (3) Review of the proposed preliminary plat by the responsible official in order to insure compliance with the state environmental policy act, RCW 43.21C.010 et seq., the en- vironmental policy, section 18-26 et seq. and impact mitigation, section 19-41 et seq.; (4) Submission of the proposed preliminary plat along with the comments or recommenda- tions of interested departments or agencies to the hearing examiner for public hearing; (5) Submission of the preliminary plat and rec- ommendation of the hearing examiner to the city council for approval or disapproval; (6) Review of the final plat by the city staff and the Federal Way Water and Sewer Dis- trict; and (7) Approval of the final plat for recording as indicated by - the :signature of the mayor thereon. - (Ord. No. 90-41, § 1(16.30.10-16.30.70), 2-27-90) Sec. 20-107. Content and form of application. (a) An application for approval of a prelimi- nary plat shall be made to the department of com- munity development upon forms furnished by the city. Applications shall be made by the owner or owners of the parcel or parcels of all property en- compassed by the application or by a duly autho- rized agent or agents. The owner or owners of all parcels to be included must join in or be repre- sented in the application. § 29.107 FEDERAL WAY CITY CODE (b) The application shall be accompanied by the following information: (1) Ten prints and one reproducible sepia of the proposed preliminary plat drawn to a scale of one inch equals 100 feet or larger. The preliminary plat drawing shall include the following specific information: a. Proposed name of the plat. b. Location by section, township, range, and/or by other legal descript4on. c. Name, address. and phone number of developer. d. Name, address and phone number of each property owner. e. Name, address and phone number of registered land surveyor. f. Scale of plat, date and north point. g. Existing topography of the land indi- cated by contours of two -foot intervals for slopes less than 20 percent and five- foot intervals for slopes of 20 percent or greater. h. Location and extent of significant nat- ural features on and immediately ad- jacent to the site. Such features shall include but are not limited to streams, wetlands, views, significant trees and water bodies. i. Comprehensive plan and zoning classi- fication of the proposed plat and ad- joining properties. j. Adjacent common ownerships and the land or lot divisions of adjoining prop- erties not in common ownership for a distance of at least 100 feet around the perimeter of the property proposed for subdivision. k. Location, widths, and names of existing or prior platted streets, railroad or utility rights -of -way or easements, parks or other public spaces, existing permanent structures to be retained within and adjacent to the proposed plat. Where the property had been pre- viously subdivided, the original lots, blocks, streets, easements, etc., shall be shown in dotted lines in scale with the proposed plat. I. Existing and proposed water, sewer and drainage utilities on, under or over the land showing size, grades and location. m. Layout of proposed streets, pedestrian walkways and easements. n. Layout, number and dimensions of pro- posed lots. o. Parcels of land intended to be dedi- cated for public use, or reserved for use of owners of the property in the subdi- vision. p. Building setback lines. q. The location and size of all ditches, cul- verts, catchbasins and other parts of the design for the control of surface water drainage. r. Typical roadway sections. s. Vicinity map indicating the proposed subdivision's relation to the area. (2) A copy of the current county quarter sec- tion map for the appropriate area. (3) Two lists of the names and addresses of all owners of real property, as shown by the records of the county assessor, and occu- pants of all real property located within 300 feet of any portion of the boundary of the proposed subdivision and any adjoining real properties owned by the owners of the lands proposed to be subdivided. The lists shall be provided on address labels. (4) Two 8Y2-inch by 11-inch film positives and paper positives of the preliminary plat map. (5) If applicable, a phasing plan, showing divi- sions of the plat and a proposed timetable for construction of each division. (6) A complete environmental checklist pur- suant to environmental policy, section 18-26 et seq. (7) Additional information as required at the discretion of the director of community de- velopment. . (c) Upon submittal of the preliminary plat ap- plication, the applicant shall tender payment of required fees. Such fees shall be determined ac- cording to a standard fee schedule approved by the city council. The purpose of such fees is to t 1192 SUBDIVISIONS defray the city's cost in processing the applica- tion. (Ord. No. 90-41, § 1(16.50), 2-27-90) Sec. 20-108. Conformance with zoning code, zoning maps. All applications for preliminary plat approval shall be in conformance with the zoning code and official zoning maps of the city. In the event an amendment to the zoning code and/or a dhange in the zoning maps is required to assure such con- formance, the director of community &velopment shall require that the appropriate applications for such change be submitted so that such requests may be considered concurrently. (Ord. No. 90-41, § 1(16.60), 2-27-90) Sec. 20-109. Acceptance of application; routing. (a) Upon submittal of a completed preliminary plat application, the department of community de- velopment shall transmit at least one copy of the plat for review and recommendation to each of the following- (1) Public works department; (2) Parks department; (3) School District No. 210; (4) Federal Way Water and Sewer District and City of Tacoma public utility department; (5) Fire District #39; (6) County department of public health, if septic systems are proposed for sewage dis- posal; (7) Utility companies proposed to provide elec- tricity, telephone, natural gas, cable televi- sion and solid waste collection. (b) A preliminary plat application shall not be deemed complete and accepted for filing for the purpose of official processing until: (1) The director of community development de- termines that the applicant has paid all fees and submitted all documents and informa- § 20-112 tion as required herein to permit a full public hearing upon the merits of the ap- plication; (2) The director of community development has received a notice of availability from the Federal Way Water and Sewer District and City of Tacoma public utilities department for sewer and water, as appropriate. (Ord. No. 90-41, § 1(16.70.10, 16.70.20), 2-27-90) Sec. 20-110. Completion of environmental policy process. A preliminary plat application will not be sched- uled for public hearing until the State Environ- mental Policy Act review process has been com- pleted. (Ord. No. 90-41, § 1(16.80), 2-27-90) Sec. 20-111. Process for review; notice of public hearing. (a) Upon confirmation by the director of com- munity development that the preliminary plat ap- plication is complete and that all pertinent re- quirements of the Environmental Policy, section 18-26 et seq. have"been fulfilled, the application shall be processed and reviewed following the pro- cedures defined in process -III, section 22-476 et seq. (b) In addition to the requirements of subsec- tion (a) of this section, notice of the hearing shall be mailed to appropriate city or county officials if the proposed plat lies within 500 feet of the ad- joining city or county boundary, and to all agen- cies or private companies who received copies of the preliminary plat pursuant to section 20-109. Additionally, notice shall be mailed to the state department of transportation if the proposed plat abuts a state highway. (c) All notices required in this section shall clearly describe, in layman's terms, the nature of the request, the location of the proposal, the date, time and location of the hearing, and an address and phone number where additional information may be obtained relative to the application. (Ord. No. 90-41, § 1(16.90.10-16.90.30), 2-27-90) Sec. 20-112. Report to hearing examiner; re- view. (a) No less than seven days prior to the date of the public hearing, the department of community 1193 § 20-112 FEDERAL WAY CITY CODE development shall submit to the hearing exam- iner a written report summarizing the applica- tion. The report shall contain, in addition to the requirements in process III, section 22-476 et seq., the following information: (1) A notice of availability from the Federal Way Water and Sewer District and City of Tacoma public utilities department as ap- propriate. I (2) If the subdivision is to contain,A septic system, a letter from the county depart- ment• of public health regarding the ade- quacy and safety of such a system. (3) All communications from other agencies or individuals relating to the application which were received in time to be included in the report to the hearing examiner. (4) A list of recommendations from the depart- ment of community development, depart- ment of public works and other appropriate departments relating to alterations or con- ditions of plat approval. (5) A copy of the declaration of nonsignificance, mitigated declaration of nonsignificance, draft environmental impact statement and final environmental impact statements along with a list of any required mitigation measures issued by the responsible official. (b) The hearing examiner shall review the pre. liminary . plat for compliance with ' section 20-2, design criteria and development standards sec- tions 20-151 through 20-157 and 20-178 through 20-187, any other applicable ordinances or regu- lations of the city and RCW ch. 58.17. (Ord. No. 90-41, § 1(16.100.10,16.100.20), 2-27-90) Cross reference —Process III review requirements, § 22-476 et seq. Sec. 20-113. City council review, action. (a) Following receipt of the final report and rec- ommendations of the hearing examiner, a date shall be set for a public meeting before the city council. (b) The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner and the hearing examiner's written report and for compli- ance with review criteria set forth in section 20- 112; provided, the council may choose to schedule its own public hearing on the application. (c) Any interested party who feels that the hearing examiner's recommendations were based on error of procedure, of fact or of law, may submit a written request to the city council that the ap- plication be remanded back to thehearing exam- iner for reconsideration. The city council may con- sider this request as part of the record at its public meeting. This written request must be submitted no less than five working days prior to the date of the council meeting. (d) After considering the written record and rec- ommendations of the hearing examiner and any properly submitted requests for reconsideration by interested parties, the city council may adopt the hearing examiner's recommendations with minor modifications as provided in subsection (e) of this section, remand the matter back to the hearing examiner for further consideration, or schedule a public hearing before the city council. The city council shall not substantially modify the recommendation of the hearing examiner without first referring the matter back to the hearing examiner or conducting its own public hearing on the application. (e) As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (1) The change will not have the effect of in- creasing the residential density of the plat; (2) The change will not result in the relocation of any access point to an exterior street from the plat; (3) The change will not result in any loss of open space area or buffering provided in the plat; and (4) The city determines that the change will not increase any adverse impacts or unde- 1194 SUBDIVISIONS sirable effects of the project and that the change does not significantly alter the project. (Ord. No. 90-41, § 1(16.110.10-16.110.50), 2-27-90) Sec. 20-114. Effect; duration approval. (a) Approval of the preliminary plat by the city council shall constitute acceptance of subdivision layout and design and shall include all condi- tions, restrictions and other requirements' adopted by the council as part of plat approval. City council approval of a preliminary plat shall not constitute approval for land clearing or grading, vegetation removal or any other activities which otherwise require permits from the city. (b) Prior to construction of improvements pur- suant to preliminary plat approval, engineering drawings for public improvements shall be sub- mitted for review and approval to the department of public works and the Federal Way Water and Sewer District and City of Tacoma public utilities department. No permits to begin construction or site work shall be granted until final approval of all utility plans, including storm drainage, the payment of all pertinent fees and the submittal of performance securities as may be required. (c) Preliminary plat approval shall expire three years from the date of city council approval unless substantial progress has been made toward com- pletion of entire plat, or the initial phase of the plat, if the preliminary approval included phasing. In the event the applicant has not made substan- tial progress toward completion of the plat, the applicant may request an extension from the hearing examiner. The request for extension must be submitted to the department of community de- velopment at least 30 days prior to the expiration date of the preliminary plat. (d) In considering whether to grant the exten- sion, the hearing examiner shall consider whether conditions in the vicinity of the subdivision have changed to a sufficient degree since initial ap- proval to warrant reconsideration of the prelimi- nary plat. If the hearing examiner deems such reconsideration is warranted, a public hearing shall be scheduled and advertised in accordance with section 20-111. § 20-132 (e) The hearing examiner may grant a one-year extension of preliminary plat approval or may allow division of the plat into separate phases, each with an expiration date and no further op- portunity for extension. (Ord. No. 90-41, § 1(16.120.10-16.120.50), 2-27=90) Secs. 20-115-20.130. Reserved. DIVISION 6. FINAL PLAT Sec. 20-131. Submission. (a) The.set ofreproduciblemylar drawings and five sets. of blueline..copies thereof shall .be sub- mitted to the director of community development together with additional information and docu- mentation as required in section 20-132. (b) The director of community development shall route the drawings to the appropriate de- partments and agencies for review. (c) If the final plat is found to be incomplete or contain inaccurate information, the director of community development shall return the mylar to the owner or his or her representative for cor- rection. (Ord. No. 90-41, § 1(16.380.10-16.380.30), 2-27-90) Sec. 20-132. Contents. (a) All final plats shall contain the following information: (1) Name of plat. (2.) Location by sectiorn,.township, range and/or other legal: description. (3) The name and seal of the registered land surveyor responsible for preparation.of the plat, and a certification on the plat by the surveyor to the effect that it is a true and correct representation of the land actually surveyed by him or her, that the existing monuments shown thereon exist as located and that all dimensional and geodetic de- tails are correct. (4) .The scale, shown numerically and graphi- cally, meridian and north point. The scale of the final plat shall be determined by the 1195 G 20-132 FEDERAL WAY CITY CODE department of public works in order that (15) A full and correct legal description of the all distances, bearings and other data can property platted. be clearly shown. (16) Restrictions or conditions on the lots or (5) The boundary line of the plat, based on an tracts in the plat required by the hearing accurate traverse, with angular and linear examiner or city council. dimensions. (6) Exact location, width, number or name of all streets, alleys, and walks within and adjoining the plat and all easements and dedications for rights -of -way provided for public services or utilities. (7) True courses and distances to the nearest established street lines or official monu- ments which shall accurately locate the plat. (8) Building setback lines if in a cluster subdi- vision. (9) Municipal, township, county or section lines accurately tied to the lines of the plat by distances and courses. (10) Radii, internal angles, points of curvature, tangent bearings and lengths of all arcs. (11) All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet. Blocks in numbered additions to sub- divisions bearing the same name may be numbered or lettered consecutively through the several additions. (12) Accurate locations of all monuments. One such monument shall be located at each street intersection, point of curvature, and at location to complete a continuous line of sight, and at such other locations as re- quired by the provisions of RCW 58.17.240 and by the department of public works. (13) All plat meander lines or reference lines along bodies of water shall be established above, but not farther than 20 feet from the high-water line of such water. (14) Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon and in the dedication; and/or any area to be reserved by deed covenant for common uses of all property owners. (17) All signatures on the final plat mylar shall be in reproducible black ink. (18) Additional pertinent information as re- quired by director of public works or the director of community development. (19) A drainage release releasing the city for claims for injury or damage resulting from the storm drainage system to be installed and indemnify the city from claims brought by downstream owners based on the oper- ation, failure to operate, improper design or improper construction. (b) In addition to the above requirements, the final plat shall be accompanied by the following information: (1) A copy of any deeds, covenants, conditions or restrictions together with. a copy of the documents which establish and govern any homeowners' association which may be re- quired. (2) A statement of approval from the director of public works as to the survey data, layout of streets, alleys and other rights -of --way, bridges and other structures. (3) A statement of approval from the City of Tacoma, public utilities department . and Federal Way_ Water and Sewer District as to the water system. (4) A statement of approval from the Federal Way Water and Sewer District as to the sanitary sewer system. (5) Where appropriate, a statement of approval from the county department of public health as to the on -site sewage control system. (6) A complete survey of the section or sections in which the plat is located, or as much thereof as may be necessary to properly orient the plat within such section or sec- tions. 1196 SUBDIVISIONS § 20.139 (7) A certification from the proper officer or officers in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged. (8) A certificate stating that the subdivision has been made with the free consent, and in accordance with the desires of the owner or owners. (9) A current (within 30 days) title company certification of - a. The legal description of the total parcel sought to be subdivided-. b. Those individuals or corporations holding an ownership interest in such parcel. c. Any lands to he dedicated are in the names of the owners whose signatures appear on the dedication certificate. d. Any easements or restrictions affecting the property to be subdivided with a description of purpose and referenced by auditor's file number and/or re- cording number. (Ord. No. 90-41, § 1(16.390.10,16.390.20), 2-27-90) Sec. 20-133. Improvements; completion or guarantee. (a) Prior to approval of the final plat, the appli- cant shall complete all required improvements in- cluding streets, sidewalks, bikeways, landscaping, storm drainage, water, sewer, street lighting, un- derground utilities, monumentation and other im- provements which may be required by the hearing examiner or city council. (b) In lieu of the completion of the actual con- struction of required improvements prior to final plat approval, the applicant may file a perfor- mance bond or other suitable security in a form approved by the city attorney and in an amount to be determined by the director of public works suf- ficient to guarantee actual construction and in- stallation of such improvements within one year of final plat approval. The amount of the security for completion shall not be less than 125 percent of the community development director's estimate of the cost of such improvements. Supp. No. 4 (c) Prior to the acceptance by the city of the constructed improvements, the applicant shall file a warranty bond or other suitable security in a form approved by the city attorney and in an amount to be determined by the director of public works guaranteeing the repair or replacement of any improvement or any landscaping which proves defective or fails to survive within a minimum two-year time period after final acceptance of the improvements or landscaping. (Ord. No. 90-41, § 1(16.400.10-16.400.30), 2-27-90) Sec. 20.134. Approval and filing, (a) Followingapproval of the construction of re- quired improvements or the submittal of approved security in lieu of the improvements, the director of community development shall forward the final plat to the city council for approval. (b) The city council, in a public meeting, shall make written findings that the final plat is in substantial conformance to the preliminary plat and is in conformity with applicable zoning ordi- nances or other land use controls; that all condi- tions of the hearing examiner and/or city council have been satisfied; that all required improve- ments have been made and maintenance bonds or other security for such improvements have been submitted and accepted; that all taxes and assess- ments owing on the property being subdivided have been paid. If the city council makes such findings, then the plat shall be approved for re- cording. 1197 (c) The approved and signed final plat, together with all legal instruments pertaining thereto as required herein, shall be recorded in the county department of elections and records by the city. All fees for such recording shall be paid by the applicant. A copy of the documents stamped with the recording number shall be forwarded to the county department of assessments for assessment purposes. Final plats shall be recorded consistent with RCW ch. 58.09. (Ord. No. 90-41, § 1(16.410.10-16.410.30), 2-27-90) Secs. 20.135-20.139. Reserved. S 20-140 FEDERAL WAY CITY CODE DIVISION 7. ALTERATIONS OF PLATS Sec. 20-141. Alteration application. Sec. 20-140. Plat alteration distinguished from boundary line adjustment. (a) Applications for revisions to plats shall be processed pursuant to the procedure for alter- ations of plats, and shall not be considered boundary line adjustments, as defined in section 20-141, if any one of the following threshold cri- teria are met: (1) The proposed revision will result in the re- location of any internal private or -public street access point to an exterior street from the plat, or an increase in the number of single-family driveway access points ac cording to the following threshold criteria: # of Relocated Driveways Affected Street 1 or more Principal Arterial 1 or more Minor Arterial 1 or more Collector Arterial 2 or more Residential Collector 3 or more Neighborhood Access 3 or more Cul-de-Sac; (2) The change will result in any loss of open space area or buffering provided in the plat; or (3) The city determines that the change will result in or increase any adverse impacts or undesirable effects of the project and -the change significantly alters the project. (b) This section shall not be construed as ap- plying to the alteration or replatting of any plat of state granted tide or shorelines. (c) This section shall not apply to alterations or reconfigurations to short subdivisions, as short subdivisions are defined in FWCC Section 20-1; provided, however, that this exception shall not apply if the short subdivision is simultaneously owned by the owner of a contiguous lot or parcel at the time of application. (d) As used in this chapter "plat alteration" shall also include reconfigurations of legally cre- ,ated platted or legally created unplatted lots, or both. (Ord. No. 93-191, § 1, 11-9-93) When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided for in FWCC Sections 20-41 through 20-44, that person shall submit an application to request the alteration to the city. (a) Signatories. The application shall contain the signatures of the majority of those per- sons having an ownership interest of lots, tracts, parcels, sites or division in the sub- ject subdivision or a portion to be altered. If the subdivision is subject to restrictive cov- enants which were filed at`the time of ap- proval of the subdivision, and the applica- tion for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the rel- evant covenants to accomplish the purpose of the alteration of the subdivision or por- tion thereof. (b) Completed application defined. A completed application shall be as required for prelim- inary plats, pursuant to FWCC Section 20- 107. (Ord. No. 93-191, § 1, 11-9-93) Sec. 20-142. Acceptance of application, routing. (a) Upon submittal of a completed application for alteration of plat, the department of commu- nity development shall transmit at least one copy of the application for alteradonfor review' and recommendation to each of the following: (1) Public works department; (2) Federal Way Water and Sewer District and/or City of Tacoma Public Utility De- partment and/or other utility district, as ap- propriate; (3) Fire District #39; (4) County department of public health, if septic systems are proposed for sewage dis- posal; (5) Federal Way School District #210; and Supp. No. 4 1198 k � SUBDIVISIONS (6) Building department; (7) Other individuals or jurisdictions as deemed appropriate by director. (b) An application for plat alteration shall not be accepted for filing for the purpose of official processing until: (1) The director of community development ser- vices determines that the applicant has paid all fees and submitted all documents and information as required hereiti to permit a full public hearing on the merits of the ap- plication; and (2) The director of community development ser- vices has received a notice of availability from the Federal Way Water and Sewer Dis- trict and/or City of Tacoma Public Utilities Department, for sewer and water and/or other applicable utility district, as appro- priate. (Ord. No. 93-191, § 1, 11-9-93) Sec. 20-143. Process for review and notice of public hearing. (a) Upon confirmation by the director of com- munity development services that the plat alter- ation application is complete and that all perti- nent requirements to the environmental policy, section 18-26, et seq., have been fulfilled, the ap- plication shall be processed and reviewed following the procedures defined in Process III, section 22- 476, et seq. - (b) Notice of the hearing shall be mailed to the appropriate city or county officials if their pro- posed plat alteration lies within 500 feet of the adjoining city or county boundary, and to all agen- cies or private companies pursuant to section 20- 142(a) herein. Additionally, notice shall be mailed to the State Department of Transportation if the plat proposed to be altered abuts a state highway. (c) All notices required in this section shall clearly describe in layperson's terms the nature of the request, the location of the proposal, the date, time and location of the hearing, and address and telephone number where additional information may be obtained relative to the application. (Ord. No. 93-191, § 1, 11-9-93) Supp. No. 4 § 20-144 Sec. 20-144. Report to hearing examiner; re- view. (a) No less than seven days prior to the date of the public hearing, the department of community development shall submit to the hearing exam- iner a written report summarizing the applica- tion for plat alteration. The report shall contain, in addition to the requirements in Process III, sec- tion 22-476, et seq., the following information: (1) A notice of availability from the Federal Way Water and Sewer District and/or City of Tacoma Public Utilities Department or other applicable utility department, as ap- propriate. (2) If the subdivision is to contain a septic system, a letter from the county depart- ment of public health regarding the ade- quacy and safety of such a system. (3) All communications from other agencies or individuals relating to the application Which were received in time to be included in the report to the hearing examiner. (4) A list of recommendations from the depart- ment of community development, depart- ment of public works and other appropriate departments relating to alterations or con- ditions of plat approval. (5) A copy of the declaration of nonsignificance, mitigated declaration of nonsignificance, draft environmental impact statement and final environmental impact statements, as applicable, along with a list of any required mitigation measures issued by the respon- sible official, if required., (b) The hearing examiner shall review the ap- plication for plat alteration for compliance with section 20-2 (purpose), and the following selected design criteria: (1) Section 20-151—Design; (2) Section 20-152—Lot Design; (3) Section 20-153—Density; (4) Section 20-155—Open Space; (5) Section 20-156—Pedestrian and Bicycle Ac- cess; 1198.1 § 20.144 FEDERAL WAY CITY CODE (c) The hearing examiner shall also review the application for plat alteration for compliance with the following development standards: (1) Section 20-176—Street Improvements and Dedication of Rights -of -Way and/or Ease- ments; (2) Section 20-177—Density Regulations; (3) Section 20-180—Streets and Rights -of -Way; (4) Section 20-181—Water; (5) Section 20-182—Sewer Disposal; (6) Section 20-183—Storm Drainage; (7) Section 20-184—Other Utilities; (8) Section 20-185—Street Lights; provided, however, that the application of FWCC Sec- tion 20-185 shall apply only to new road- ways proposed as a result of the alteration to the plat; (9) Section 20-187—Monuments. (d) The hearing examiner shall also review the application for plat alteration for compliance with any other applicable ordinances or regulations of the city and Chapter 58.17 RCW. (e) If any land within the alteration is part of an assessment district, any outstanding assess- ment shall be equitably divided and levied against the remaining lots, parcels, tracts, or be levied equitably on the lots resulting from the alter- ation. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent prop- erties. (Ord. No. 93-191, § 1, 11-9-93) Sec. 20.145. City council review, action. City council review of hearing examiner recom- mendations on applications for plat alterations shall follow that procedure established in section 20-113, city council review, action for preliminary plat applications. (Ord. No. 93-191, § 1, 11-9-93) Sec. 20-146. Affect; duration approval. (a) Approval of the altered plat by the city council shall constitute conditional acceptance of subdivision layout and design and shall include all conditions, restrictions and other requirements adopted by the council as part of plat alteration approval. City council approval of a plat alter. ation shall not constitute approval for land clearing or grading, vegetation removal or any other activities which otherwise require permits from the city. (b) Prior to construction of improvements pur- suant to altered plat approval, engineering draw- ings for public improvements shall be submitted for review and approval to the department of public works and the Federal Way Water and Sewer District and/or City of Tacoma Public Util- ities Department, as appropriate. No permits to begin construction or site work shall be granted until final approval of all utility plans, including storm drainage, the payment of all pertinent fees and the submittal of performance securities as may be required. (c) Conditional approval of the altered plat shall expire three years from the date of city council approval unless substantial progress has been made toward completion of the approved alter- ations to the plat, or the initial phase of the ap- proved alterations to the plat, if the conditional approval included phasing. In the event the ap- plicant has not made substantial progress toward completion of the approved alterations to the plat, the applicant may request an extension from the hearing examiner. The request for extension must be submitted to the department of community de- velopment at least 30 days prior to the expiration date of the conditional plat alteration. (d) In considering whether to grant the exten- sion, the hearing examiner shall consider whether conditions in the vicinity of the altered lots have changed to a sufficient degree since conditional approval of the alteration to warrant reconsider- ation. If the hearing examiner deems such recon- sideration is warranted, a public hearing shall be scheduled and advertised in accordance with FWCC Section 20-143(b). (e) The hearing examiner may grant a one-year extension of the conditional approval of the plat alteration or may allow division of -the altered plat into separate phases, each with an expiration date and no further opportunity for extension. (Ord. No. 93-191, § 1, 11-9-93) L Supp. No. 4 1198.2 SUBDIVISIONS § 20-155 L� 1 Sec. 20-147. Final drawings. After approval of the alteration and satisfac- tion of all approval necessary per section 20-146(b), the legislative body shall order the applicant to produce a final drawing of the approved alter- ation of the final plat. The requirements for the final drawing shall be as required for final plats, pursuant to FWCC Section 20-132. After signa- ture of the legislative authority, the final drawing shall be filed with the county auditor to become the lawful plat of the property. (Ord. No. 93-191, § 1, 11-9-93) 1 Secs. 20.148-20-150. Reserved. ARTICLE M. DESIGN CRZTER.IA* Sec. 20-151. Subdivision design. (a) Subdivisions should be designed so that traffic is distributed in a logical manner toward a collector street system, to avoid intrusion and over- burdening of residential streets, and to connect with planned or existing streets. (b) Streets should be coordinated with existing intersections to avoid offsetting new intersections, and should intersect at a 90-degree angle plus or minus five degrees. (c) Cul-de-sac streets-shoi}ld be no longer than 600 feet. (d) Blocks should be -no lodger than 1,200 feet without an intersecting conngctor road. (e) Subdivisions on steep slopes should be de- signed so that streets are constructed generally parallel, rather than perpendicular, to the slope. (f) Streets should be designed in conformance with adopted standards for sight distance - at in- tersections, as prescribed in sectiQn 22-1151 et seq. (Ord. No. 90-41, § 1(16.210.10-16'.210.60), 2-27-90) Sec. 20-152. Lot design. (a) All lots should be of ample dimensions to provide a regular shaped building area which meets required setbacks. *Cross reference —Site design requirements for environ- mentally sensitive areas, § 22-1266 et seq. Supp. No. 4 (b) All lots shall be designed to provide access for emergency apparatus. (c) All lots should be designed to take advan- tage of topographic and natural features, view ori- entation and privacy. (d) Except in a cluster subdivision, all lots should abut a public street right-of-way. Residen- tial lots should not have access onto arterial streets. (Ord. No. 90-41, § 1(16.220.10-16.220.40), 2-27-90) Sec. 20-153. Density. (a) All lots in conventional subdivisions shall meet the density and minimum lot size require- ments of chapter 22. Calculation of density in sub- divisions shall not include streets or vehicle ac- cess easements. (b) Lots created in cluster subdivisions may be below the minimum lot size requirements of chapter 22, Zoning, provided the total number of lots created does not exceed the number which would be permitted in a conventional subdivision on a site of the same total area, after reservation of required open space. (Ord. No. 90-41, § 1(16.230.10,16.230.20), 2-27-90) Sec. 20.154. Cluster subdivision. (a) In order to promote open space and the pro- tection of natural features such as trees and wet- lands, lots may be reduced in size and placed in clusters on the site. (b) Lots created in a cluster subdivision may be reduced in size below the minimum required in chapter 22, provided that minimum yard and set- back requirements are met. Building setback lines for each lot shall be shown on the face of a cluster subdivision plat. (c) Open space created by cluster subdivisions shall be protected from further subdivision or de- velopment by covenants filed and recorded with the final plat of the subdivision. (Ord. No. 90-41, § 1(16.240.10-16.240.30), 2-27-90).. Sec. 20-155. Open space and recreation. (a) For the purpose of this article, open space shall be described in the following categories: (1) Usable open space. Areas which have ap- propriate topography, soils, drainage and 1198.3 § 20-155 FEDERAL WAY CITY CODE size to be considered for development as ac- tive recreation areas. (2) Conservation open space. Areas containing special natural or physical amenities or en- vironmentally sensitive features, the con- servation of which would benefit sur- rounding properties or the community as a whole. Such areas may include, but are not limited to, stands of large trees, view cor- ridors or view points, creeks and streams# wetlands and marshes, ponds and lakes or areas of historical or archaeological impor- L ti Supp. No. 4 1198.4 i SUBDIVISIONS § 20-175 tance. Conservation open space and usable the responsibility of maintaining the open space open space may be, but are not always, mu- for its intended purpose. tually inclusive. (Ord. No. 90-41, § 1(16.250.10-16.250.60), 2-27-90) (3) Buffer open space. Areas which are prima- rily intended to provide separation between properties or between properties and streets. Buffer open space may, but does not al- ways, contain usable open space or conser- vation open space. (4) Severely constrained open space. Areas not included in any of the above categories which, due to physical characteristics, are impractical or unsafe for development. Such areas may include but are not limited to steep rock escarpments or areas of unstable soils. (b) All residential subdivisions shall be required to provide open space in the amount of 15 percent of the gross land area of the subdivision site, or if the site is five acres or less in size, applicants may seek alternative methods of providing the required open space as permitted by section 19-41 et seq., if acceptable to the city, (c) Any combination of open space types may be used to accomplish the total area required to be reserved as follows: Open Space Category % of Gross Land Area Usable 10% minimum Conservation No maximum or minimum Buffer 2% maximum Constrained 2% maximum (d) Open space which is part of an adopted parks, recreation, trails or open space plan may be dedicated to the city for such purposes. (e) Open space not part of an adopted parks, recreation, trails or open space plan shall be owned in common undivided interest by all property owners within the subdivision as members of a homeowners' association or corporation as set out in a declaration of covenants and restrictions, and approved by the city. M Subject to approval by the city, ownership in open space may be transferred to a special in- terest group or organization which shall assume 1199 Sec. 20-156. Pedestrian and bicycle access. (a) In addition to the sidewalks required in sec- tion 22-1471 regarding requirements to rights - of -way and vehicular easements, pedestrian and bicycle access should be provided for established or planned safe school routes, bikeways, trails and transit stops. (b) Pedestrian and bicycle access shall be pro- vided in easement corridors of sufficient width to assure the privacy of adjacent residences. (c) Pedestrian and bicycle access corridors shall be considered as usable open space in determining open space requirements. (Ord. No. 90-41, § 1(16.260.10-16.260.30), 2-27-90) Sec. 20-157. View considerations. (a) Design of new subdivisions adjacent to ex- isting development should assess the potential blockage of existing views and utilize methods such as staggered or offset lot lines and building areas so as to reduce horizontal view blockage. (b) Where feasible, subdivision design shall rec- ognize and preserve important view corridors by proper location of street rights -of -way, view con- servation easements or other means. (Ord. No. 90-41, § 1(16.270.10,16.270.20), 2-27-90) Secs. 20-158-20-175. Reserved. § 20-176 FEDERAL WAY CITY CODE ARTICLE IV. EMPROVEMENTS* Sec. 20-176. Improvements required. Street improvements, and the dedication of rights -of -way and/or easements, shall be required in accordance with section 22-1471 et seq. re- garding required improvements to rights -of -way and vehicular access easements. (Ord. No. 90-41, § 1(16.440.20), 2-27-90) ° Sec. 20-177. Density regulations. Density or parcel size, setbacks and buffers shall be in accordance with chapter 22, Zoning. (Ord. No. 90-41, § 1(16.440.10); 2-27-90) Cross references —District regulations, § 22-571 et seq.; supplementary• district regulations, § 22-946 et seq.; landscape requirements, § 22-1561 et seq. Sec. 20-178. Buffers. (a) Subdivision design should provide ample buffers to shield new residences from arterial streets, or established land uses adjacent to the subdivision, under the provisions of sections 22- 1572 through 22-1575 regarding landscaping as follows: (1) Buffer Type 2 when adjacent to nonresiden- tial or nonagricultural uses; (2) Buffer Type 3 when adjacent to multifamily or professional office uses; *Cross references —Streets, sidewalks and other public places, ch. 13; utilities, ch. 16; improvements required under zoning regulations, § 22-1471 et seq.; yard requirements for driveways, parking areas, fences, structure protruding beyond exterior walls of a structure, retaining walls, walkways, and certain other improvements or structures, § 22-1133; water quality requirements and surface water, stormwater and other waterways, § 22-1196 et seq.; regulations regarding public improvement master plan or special design BMW lines for a particular area, § 22-1471; official right-of-way map adopted, § 22-1472; public improvements required to be installed, § 22- 1473; vehicular access easement improvements required, § 22- 1496 et seq.; right-of-way improvements required, § 22-1516 et seq.; street design guidelines, § 22-1517; sidewalk require- ments, § 22-1520; utilities required improvements, § 22-1521; street lighting required improvements, § 22.1522; arterial rights -of -way requirements, § 22-1524; local rights -of -way, § 22.1525; driveway requirements, § 22.1541 et seq. (3) Buffer Type 3 when the density of the pro- posed subdivision exceeds the allowed den- sity of adjacent platted, single-family prop- erties. (b) Existing mature vegetation shall be retained for buffering purposes as provided in section 22- 1573 regarding use of significant natural vegeta- tion. (c) Perimeter fencing in subdivisions shall be located on the interior side of required buffer areas. (Ord. No. 9041, § 1(16.280.10-16.280.30), 2-27-90) Sec. 20-179. Retention of vegetation. All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading approved in the preliminary subdivision or short subdivi- sion: (Ord. No. 90-41, § 1(16.290), 2-27-90) Sec. 20.180. Streets and rights -of -way. (a) All streets within an approved subdivision or short subdivision shall be within a dedicated public right-of-way. (b) All streets within the public rights -of -way shall be improved to the standards specified in section 22-1471 et seq. regarding required improve- ments to rights -of -way and vehicular access ease- ments and tracts. (c) All streets abutting the subdivision or -short subdivision shall be. improved in accordance with section 22-1471 et seq. regarding required improve- ments to rights -of -way and vehicular access ease- ments. (d) All traffic control devices within the subdi- vision or short subdivision shall be provided by the developer as required by the director of public works. (e) Additional off -site street and traffic control improvements may be required to mitigate im- pacts resulting from the subdivision or short sub- division. (Ord. No. 90-41, § 1(16.300.10-16.300.50), 2-27-90) 1200 SUBDIVISIONS § 20-186 Sec. 20-181. Water. (a) All lots in a subdivision or short subdivision shall be served by a water system designed and constructed to the specifications of the Federal Way Water and Sewer District or City of Tacoma, public utilities department or any other appro- priate district. (b) The water system shall be dedicated to the Federal Way Water and Sewer District or City of Tacoma, public utilities department or ahy other appropriate district upon approval of the final plat or short plat. (Ord. No. 90-41, § 1(16.310.10,16.310.20), 2-27-90) Sec. 20-182. Sewage disposal. (a) Wherever feasible, all lots in subdivisions and short subdivisions shall be connected to a san- itary sewer system designed and constructed to the specifications of the Federal Way Water and Sewer District or other appropriate district. (b) The sanitary sewer system shall be dedi- cated to the Federal Way Water and Sewer Dis- trict or other appropriate district upon approval of the final plat or short plat. (c) Where connection to the sanitary sewer system is not feasible, on -site sewage disposal sys- tems may be utilized. The design and construc- tion of such systems shall be approved by the Seattle -King County department of public health. (Ord. No. 90-41, § 1(16.320.10-16.320-30), 2-27-90) Sec. 20-183. Storm drainage. (a) All subdivisions and short subdivisions shall be provided with an adequate storm drainage system designed and constructed in accordance with the surface water management requirements in section 21-26 et seq., and the storm and surface water utility requirements in section 16-76 et seq. (b) As required by the director of public works, subdivisions and short subdivisions shall provide storm water detention or retention facilities. Such required systems should include bio-filtration swales, oil/water separation devices, or any other appropriate systems approved by the public works director. (c) As appropriate, the storm drainage system shall be dedicated to the city upon approval of the final plat or short plat. (Ord. No. 90-41, § 1(16.330), 2-27-90) Cross references —Storm and surface water utility, § 16-76 et seq.; drainage program, § 21-26 et seq. Sec. 20-184. Other utilities. (a) All lots in subdivisions and short subdivi- sions shall be served with electricity, telephone, cable television and natural gas, if available. (b) All utilities shall be provided underground. (Ord. No. 90-41, § 1(16.340.10,16..340.20), 2-27-90) Cross reference —Utilities, ch. 16. Sec. 20-185. Street lighting. (a) All subdivisions and short subdivisions shall install street lighting on all streets, except neigh- borhood access streets and cul-de-sacs where in- stallation is optional, in accordance with common design standards for spacing, placement and lu- minous intensity. 1201 (b) Light standard and luminaire design shall be approved by the director of public works. (Ord. No. 90-41, § 1(16.350.10,16.350.20), 2-27-90) Cross reference —Streets, sidewalks and other public places, ch. 13. Sec. 20-186. Landscaping protection and en- hancement. (a) A landscape plan prepared by a licensed landscape architect shall be submitted with each subdivision or short subdivision application. The plan shall identify existing wooded areas, meadows, rock outcroppings and other landscape features. The plan shall show proposed buffers, significant trees, open spaces, street trees and other ornamental landscaping. (b) Prior to the installation of improvements, significant trees, as defined in chapter 22, Zoning, shall be identified. Protection techniques, as re- quired in chapter 22, Zoning, shall be used to pro- tect the identified trees from harm or destruction, and to restore trees damaged or lost. Significant trees to be preserved shall be visibly marked by flagging. § 20-186 FEDERAL WAY GiTY CODE (c) Where safe and feasible, the meandering of streets and/or sidewalks around significant trees is encouraged. (d) All street trees and other plantings shall be installed in conformance with standard land- scaping practices and with appropriate city guide. lines and regulations. (Ord. No. 90-41, § 1(16.360.10-16.360.40), 2-27-90) Cross reference —Landscaping requirements in the°zoning regulations, § 22-1661 et seq. Sec. 20.187. Monuments. (a) Permanent survey control monuments shall be provided for all final plats and short plats at: (1) All controlling corners on the boundaries of the subdivision or short subdivision; (2) The intersection of centerlines -of roads within the subdivision or short subdivision; and (3) The beginnings and ends of curves on cen- terlines or points of intersections on tan- gents. (b) Permanent survey control monuments shall be set in two-inch pipe, 24 inches long, filled with concrete or shall be constructed of an approved equivalent. Permanent survey control monuments within a street shall be set after the street is paved. Every lot corner shall be marked by a three- quarter -inch galvanized iron. pipe or approved equivalent, driven into the ground. If any land in a subdivision or short subdivision is contiguous to a meandered body of water, the meander line shall be reestablished and shown on the final plat or short plat. (Ord. No. 90-41, § 1(16.370.10, 16.370.20), 2-27-90) Secs. 20-188-20-205. Reserved. ARTICLE V. PUBLIC IMPROVEMENT ASSESSMENTS* Sec. 20-206. Purpose. This. article is intended to implement and thereby make available to the public the provi. sions of RCW 35.72.010 et seq., by allowing the city. to contract with the owners of real estate for the construction or improvement of street projects which the owners elect to install as a result of ordinances requiring such projects as a prerequi- site to further property development, and allowing the partial reimbursement to the owner by other property owners benefiting from such improve- ments in certain instances. (Ord. No. 90-22, § 1, 1-30-90) State law reference —Contracts for street projects, RCW 35.72.010 at seq. Sec. 20-207. Authorization. Any owner of real estate who is required to con- struct or improve street projects as a result of any provision of this article as a prerequisite to fur- ther development may make application to the public works director for the establishment by con- tract of an assessment reimbursement area as pro- vided by state law. (Ord. No. 90-22, § 2, 1-30-90) Sec. 20-208. Contents of application. Every application for the establishment of an assessment reimbursement area shall be accom- panied by the application fee specified in section 20-213 and shall include the following items: (1) Detailed construction plans and drawings of the entire street project, the costs of which 'Cross references —Finance, ch. 7; streets, sidewalks and other public places, ch. 13; utilities, ch. 16; in each case where the city requires an applicant to provide a public walkway, public use area or other area, facility or structure that is open to the public under the zoning regulations, the applicant may execute an easement or similar document in a rorm approved by the city attorney, § 22.10; required improvements under the zoning regulation, § 22.1171 et seq.; official right -of -wily map adopted, § 22.1472. State law reference —Public improvements, authority RCW 35A.40.200, 35.23.352, 35.72.010 et seq., 39.04.010 et seq. 1202 ( f SUBDIVISIONS S 20-210 I (2) (3) are to be borne by the assessment reim- bursement area, prepared and stamped by a state licensed engineer; Itemization of all costs of the street project including, but not limited to, design, grading, paving, installation of curbs, gut- ters, storm drainage, sidewalks, street lights, engineering, construction, property acquisition and contract administration; A map and legal description identifying the proposed boundaries of the assessment re- imbursement area and each separately owned parcel within the area. Such map shall identify the location of the street project in relation to the parcels of property in such area; (4) A proposed assessment reimbursement roll stating the proposed assessment for each separate parcel of property within the pro- posed assessment reimbursement area as determined by apportioning the total project cost on the basis of the benefit of the project to each parcel of property within such area; (5) A complete list of record owners of property within the proposed assessment reimburse- ment area certified as complete and accu- rate by the applicant and which states names and mailing addresses for each such owner; (6) Envelopes addressed to each of the record owners of property at the address shown on the tax rolls of the county treasurer within the assessment reimbursement area who has not contributed a pro rata share of such costs as based on the benefit to the property owner from such project. Proper postage for registered mail shall be affixed or provided; (7) Copies of executed deeds and/or easements in which the applicant is the grantee for all property necessary for the installation of such street project. (Ord. No. 90-22, § 3, 1-30-90) Sec. 20-209. Notice to property owners. Prior to the execution of any contract with the city establishing an assessment reimbursement area, the public works director or designee shall mail, via registered mail, a notice to all record property owners within the assessment reimburse- ment area as determined by the city on the basis of information and materials supplied by the ap- plicant, stating the preliminary boundaries of such area and assessments along with substantially the following statement: As a property owner within the Assessment Reimbursement Area whose preliminary boundaries are enclosed with this notice, you or your heirs and assigns may be obligated to pay under certain circumstances, a pro rats share of construction and contract adminis- tration costs of a certain street project that has been preliminarily determined to benefit your property. The proposed amount of such pro rata share or assessment is also enclosed with this notice. You, or your heirs and as- signs, may have to pay such share, if any de- velopment permits are issued for development on your property within � —) years of the date a contract estab- lishing such area is recorded with the King County Department of Records, provided such development would have required similar street improvements for approval. You have a right to object to your property's assess- ment and request a hearing before the Fed- eral Way City Council within twenty (20) days of the date of this notice. All such requests must be in writing and filed with the City Clerk. After such contract is recorded it shall be binding on all owners of record within the assessment area who are not a party to the contract. Dated: (Ord. No. 90-22, § 4, 1-30-90) State law reference —Assessment reimbursement con- tracts, RCW 35.72,040. Sec. 20.210. City council action. If the owner of any property within the pro- posed assessment reimbursement area requests a hearing, notice of such shall be given to all af- fected property owners in addition to the regular notice requirements specified by this article. Cost of this notice shall be borne by the applicant. At the hearing the city council shall take testimony from affected property owners and make a final 1203 § 20-210 FEDERAL WAY CITY CODE determination of the area boundaries, the amount of assessments, length of time for which reim- bursement shall be required and shall authorize the execution of appropriate documents. If no hearing is requested, the council may consider and take final action on these matters at any public meeting held more than 20 days after notice was mailed to the affected property owners. (Ord. No. 90-22, § 5, 1-30-90) Sec. 20.211. Preliminary assessment reim. bursement area, amendments. If the preliminary determination of area bound- aries and assessments is amended so as to raise any assessment appearing thereon, or to include omitted property, a new notice of area boundaries and assessments shall be given as in the case of an original notice; provided, that as to any prop- erty originally included in the preliminary assess- ment area which assessment has not been raised, no objections shall be considered by the council unless the objections were made in writing at or prior to the date fixed for the original hearing. The city council's ruling shall be determinative and final. (Ord. No. 90-22, § 6, 1-30.90) Sec. 20-212. Contract execution and re- cording. (a) Within 30 days of final city council approval of an assessment reimbursement agreement, the applicant -shall execute and present such agree- ment for the signature of the appropriate city of- ficials. (b) To be binding the agreement must be re- corded with the county department of records within 30 days of the final execution of the agree- ment pursuant to RCW 35.72.030. (c) If the contract is so filed and recorded, it shall be binding on owners of record within the assessment area who are not party to the agree- ment. (Ord. No. 90-22, § 7, 1-30-90) Sec. 20-213. Application fees. The applicant for street reimbursement agree- ments as provided for in this article shall reim- burse the city for the full administrative and pro- fessional costs of reviewing and processing such application and of preparing the agreement. At the time of application a minimum fee of $250.00, plus .025 percent of the value of the assessment contract, to a maximum of $2,500.00 shall be de- posited with the city and credited against the ac- tual costs incurred. The applicant shall reimburse the city for such costs before the agreement is recorded. (Ord. No. 90-22, § 8, 1-30-90) Sec. 20-214. City financing of improvement projects. As an alternative to financing projects identi- fied in this article solely by owners of real estate, the city may join in the financing of an improve- ment project and may be reimbursed in the same manner as the owners of real estate who partici- pate in the project, upon the passage of an ordi- nance specifying the conditions of the city's par- ticipation in such project. The city shall be reimbursed only for the costs of improvements that benefit that portion of the public who will use the developments within the established assessment reimbursement area. No city costs for improve- ments that benefit the general public shall be re- imbursed. (Ord. No. 90-22, § 9, 1-30-90) State law reference —Alternative financing method, RCW 35.72.050. K [The next page is 12551 1204 2 .40 Nature and quantity of capital improvements reasonably necessary to mitigate specific direct impacts identified as a consequence of the proposed development; .50 Likelihood that the users of the proposed development will benefit from any mitigating capital improvements or programs; .60 Any significant adverse environmental impacts of the proposed development identified in the process of complying with the Environmental Policy Ordinance or the State Environmental Policy Act; .70 Consistency with the City's Comprehensive Plan and any of its subparts; .80 Likelihood of City growth by annexation into areas immediately adjacent to the proposed development; .90 Appropriateness of financing necessary capital improvements by means of local improvement districts; .100 Whether the designated capital improvement furthers the public health, safety or general welfare; and .110 Any other facts deemed by the City to be relevant. 22.40 Costs The cost of any investigations, analysis or reports necessary for a determination of direct impact shall be borne by the applicant. 22.50 Mitigation of Direct Impacts The official or body charged with granting the necessary approval for a proposed development shall review an applicant's proposal for mitigating any identified direct impacts and determine whether such proposal is an acceptable mitigation measure considering the cost and land requirements of the required improvement and the extent to which the necessity for the improvement is attributable to the direct impacts of the proposed development. No official or body shall approve a development unless provisions have been made to mitigate identified direct impacts that are consequences of such development. 4 F. The developer may voluntarily and in writing waive on behalf of the developer and subsequent purchasers: the right to interest and or a refund in order to facilitate completion of an improvement. Under no condition shall such a waiver be required as a condition of approval. Such waiver shall be recorded with the county where the property is situated and shall be binding on subsequent owners. .30 The developer or applicant may choose to pay a fee in lieu of reservation of all or portions of open space areas required. If the applicant offers to pay money in lieu of open space and if the City accepts the offer, the amount shall be determined based upon the square footage of open space which otherwise . would have been required to be provided times the then current market value - per square foot of similarly situated property. Chapter 21 SURFACE AND STORMWATER MANAGEMENT* Article I. In General Secs. 21-1-21-25. Reserved. Article II. Drainage Program Division 1. Generally Sec. 21-26. Definitions. Sec. 21-27. Purposes. Sec. 21-28. Manual adopted. Secs. 21-29-21-45. Reserved. Division 2. Administration Sec. 21-46. Rules; regulations. Sec. 21.47. Inspections. Sec. 21-48. Right of entry. Sec. 21-49. Access. Sec. 21-50. Applicability to governmental entities. Secs. 21-51-21-65. Reserved. Division 3. Plans Sec. 21-66. Where to submit. Sec. 21-67. Expiration. Sec. 21.68. Processing. Sec. 21.69. Procedures and conditions related to construction timing and final approval. Secs. 21-70-21-85. Reserved. Division 4. Drainage Review Sec. 21-86. Permits and approvals —When required. Sec. 21-87. Same —Enumeration. Sec. 21-88. Contents of engineering plan. Sec. 21-89. Core requirements. Sec. 21-90. Special requirements. Sec. 21-91. Variances from requirements. Sec. 21-92. Critical drainage areas. Secs. 21.93-21-110. Reserved. Division 5. Retention/Detention Facilities Sec. 21-111. Bonds required. Sec. 21.112. Drainage facilities restoration and site stabilization bond. Sec. 21-113. Defect and maintenance bond. Sec. 21.114. Failure to complete proposed work. Sec. 21-115. Liability insurance. Sec. 21.116. Maintenance of subdivision retention/detention facilities. Sec. 21-117. Hazards. *Cross references —Storm and surface water utility, § 16-76 et seq.; erosion and sedimentation supplementary district regu- lations, § 22.948; water quality requirements and surface water, stormwater and other waterways, § 22-1196 et seq. 1255 SURFACE AND STORMWATER MANAGEMENT ARTICLE I. IN GENERAL Secs. 21-1-21-25. Reserved. ARTICLE II. DRAINAGE PROGRAM* DIVISION 1. GENERALLY Sec. 21.26. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Basin shall mean a drainage area which drains directly to Puget Sound. Basin playa shall mean a plan and all imple- menting regulations and procedures including but not limited to land use management adopted by ordinance for managing surface and stormwater management facilities and features within an in- dividual subbasin. Bond shall mean a surety bond, cash deposit or escrow account, assignment of savings, irrevo- cable letter of credit or other means acceptable to or required by the public works director to guar- antee that work is completed in compliance with the project's engineering plan and in compliance with all city requirements. Closed depression shall mean an area of the city which is low-lying and either has no, or such a *Cross references —Requirements for street right-of-way use plans, § 13-30; storm drainage requirements for subdivi- sions, § 20.183; in every case where the city requires an ap- plicant to provide a public walkway, public use area, or other area, facility or structure that is open to the public under the zoning regulations, the applicant may execute an easement or similar document in a form approved by the city attorney, § 22-10; erosion and sedimentation supplementary district reg- ulations, § 22-948; streets, sidewalks and other public places, ch. 13; storm and surface water utility, § 16-76 et seq.; sup- plementary zoning district regulations, § 22-946 et seq.; land modification restrictions and requirements, § 22-1091 et seq.; commercial and industrial uses site plan requirements, § 22- 1113; water quality requirements and surface water, storm - water and other waterways, § 22-1196 et seq.; site design re- quirements for environmentally sensitive areas, §. 22-1266 et seq.; regulations regarding public improvement master plan or special design guidelines for a particular area, § 22-1471; public improvements required to be installed, § 22-1473. § 21-26 limited, surface water outlet that during storm events the area acts as a retention basin, holding water that has a surface area of more than 5,000 square feet at overflow. Department shall mean the department of public works. Design storm shall mean a rainfall (or other precipitation) event or pattern of events for use in analyzing and designing drainage facilities. Development shall mean any activity that re- quires a permit or approval, including but not lim- ited to a building permit, grading permit, shore- line substantial development permit, conditional use permit, unclassified use permit, zoning vari- ance or reclassification, planned unit develop- ment, subdivision, short subdivision, master plan development, building site plan or right-of-way use permit. Director shall mean the director of the depart- ment of public works or the director's designee. Drainage shall mean the collection, conveyance, containment and/or discharge of surface and stormwater runoff. Drainage facility shall mean the system of col- lection, conveying and storing surface and storm - water runoff. Drainage facilities shall include but not be limited to all surface and stormwater con- veyance and containment facilities including streams, pipelines, channels, ditches, swamps, lakes, wetlands, closed depressions, infiltration fa- cilities, retention/detention facilities, erosion/sed- imentation control facilities and other drainage structures and appurtenances, both natural and manmade. Drainage review shall mean an evaluation by city staff of a proposed project's compliance with the drainage requirements in the surface water design manual. Erosionlsedimentation control shall mean any temporary or permanent measures taken to re- duce erosion, control siltation and sedimentation, and ensure that sediment -laden water does not leave the site. 1257 Infiltration facility shall mean a drainage fa- cility designed to use the hydrologic process of § 21-26 FEDERAL WAY CITY CODE surface and stormwater runoff soaking into the ground, commonly referred to as percolation, to dispose of surface and stormwater runoff. Impervious surface shall mean a hard -surfaced area which either prevents or retards the entry of water into the soil mantle as under natural con- ditions prior to development, and/or a hard - surfaced area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common imper- vious surfaces include, but are not limited to, roof- tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, mac- adam or other surfaces which similarly impede the natural infiltration of surface and stormwa- ter. Open, uncovered retention/detention facili- ties shall not be considered as impervious sur- faces for the purposes of this article. Improvement shall mean streets (with or without curbs or gutters) sidewalks, crosswalks, parking lots, water mains,- sanitary and storm sewers, drainage facilities, street trees and other appro- priate items. Master drainage plan shall mean a comprehen- sive drainage control plan intended to prevent sig- nificant adverse impacts to the natural and man- made drainage system, both on- and off -site. Multifamilylcommercial retention/detention fa- cility shall mean a retention/detention facility which is not a subdivision retention/detention fa- cility as defined in this article. Preapplication shall mean the meetings and/or forms used by applicants for some development permits to present initial project intentions to the city. Preapplication does not mean application. Professional civil engineer shall mean a person registered with the state as a professional engi- neer in civil engineering. Project shall mean the proposed action of a permit application or an approval which requires drainage review. Retention/detention facility shall mean a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration and/or infil- tration into the ground; or to hold runoff for a short period of time and then release it to the surface and stormwater management system. Site shall mean the portion of a piece of prop- erty that is directly subject to development. Subdivision retention/detention facility shall mean a retention/detention facility which is both located within or associated with a short or formal subdivision containing only single-family or du- plex residential structures located on individual lots and which is required to handle excess runoff generated by development of an area of which two- thirds or more is designated for single-family or duplex residential structures located on individual lots. Surface and stormwater shall mean water orig- inating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow groundwater. The term "runoff' is syn- onymous. Surface and stormwater management system shall mean drainage facilities and any other nat- ural features which collect, store, control, treat and/or convey surface and stormwater. Surface water design manual shall mean the manual and supporting documents as appropriate describing surface and stormwater design and analysis requirements, procedures and guidance adopted in section 21-67. Water quality swale shall mean an open vege- tated drainage channel intended to optimize water quality treatment of surface and stormwater runoff' by following the specific design criteria described in the surface water design manual. Wetponds and wetvaults shall mean drainage facilities for water quality treatment that contain a permanent pool of water, usually four feet in depth, that are filled during the initial runoff from a storm event. They are designed to optimize water quality by providing retention time (on the order of a week or more) in order to settle out particles of fine sediment which absorb pollutants such as heavy metals, and to allow biologic activity to occur that metabolizes nutrients and organic pol- ti_ 1258 SURFACE AND STORMWATER MANAGEMENT lutants. For wetvaults the permanent pool of water is covered by a lid which blocks sunlight from entering the facility, limiting the photodependent biologic activity. (Ord. No. 90-31, § 2, 2-13-90) Cross reference —Definitions and rules of construction gen- erally, § 1-2. Sec. 21-27. Purposes. The city council finds this article is necessary in order to promote the public health, safety and welfare by providing for the comprehensive man- agement of surface and stormwaters and erosion control, especially that which preserves and uti- lizes the many values of the city's natural drainage system. (Ord. No. 90-31, § 1, 2-13-90) Sec. 21-28. Manual adopted. The Surface Water Design Manual and sup. porting documents as appropriate describing sur- face and stormwater design and analysis require- ments, procedures and guidance is hereby adopted by reference. A copy of the manual is on file in the office of the city clerk for use and examination by the . public. (Ord. No. 90-31, § 2(Z), 243-90) Cross reference —Requirements for land surface modii-ica- tions, § 22-1093. Secs. 21-29-21.45. Reserved. DIVISION 2. ADMINISTRATION* Sec. 21-46. Rules; regulations. The public works director is authorized to pro- mulgate and adopt administrative rules and reg- ulations for the purpose of implementing and en- forcing the provisions of this article. (Ord. No. 90-31, § 12, 2-13-90) Sec. 21-47. Inspections. The public works director is authorized to make such inspections and take such actions ds may be required to enforce the provisions of this article. (Ord. No. 90-31, § 12(A), 2.13.90) *Cross reference —Administration, ch. 2. Sec. 21.48. Right of entry. § 21-65 Whenever necessary to make an inspection to enforce any of the provisions of this article, or whenever the public works director has reason- able cause to believe that violations of this article are present or operating on a subject property or portion thereof, the public works director may enter such premises at all reasonable times to in- spect the same or perform any duty imposed upon the public works director by this article; provided that if such premises or portion thereof is occu- pied, he or she shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and demand entry. (Ord. No. 90-31, § 12(B), 2-13-90) Sec. 21-49. Access. Proper ingress and egress shall be provided to the public works director to inspect or perform any duty imposed upon the public works director by this article. The public works director shall notify the responsible party in writing of failure to comply with the access requirement. Failing to obtain a response within seven days from the re- ceipt of notification and public works director may order the work required completed or otherwise address the cause of improper access. The obliga- tion for the payment of all costs that may be in- curred or expended by the city in causing such work to .be done shall thereby be imposed on the person holding title, to the subject property. (Ord. No. 90-31, § 12(C), 2-13-90) Sec. 21.50. Applicability to governmental en- tities. All municipal corporations and governmental entities shall be required to submit a drainage plan and comply with the terms of this article when developing and/or improving land including, but not limited to, road building and widening, with the exception of drainage projects involving the city. (Ord. No. 90-31, § 13, 2-13-90.) 1259 Secs. 21.51-21-65. Reserved. § 21-66 FEDERAL WAY CITY CODE DIVISION 3. PLANS recording.rnay occur prior to the construction of drainage facilities when approved in writing by Sec. 21-66. Where to submit. the public works director only to minimize im- All engineering and master drainage plans shall pacts that may result from construction during be submitted to the public works director. inappropriate times of the year. (Ord. No. 90-31, § 7(A), 2-13-90) (Ord. No. 90-31, § 8, 2-13-90) Sec. 21.67. Expiration. The expiration time frames as specified in the Surface Water Design Manual which is hereby adopted by reference and is on file in the office of the city clerk will apply to all permit and ap- proval applications. (Ord. No. 90-31, § 7(B), 2-13-90) Sec. 21.68. Processing. All plans will be processed in accordance with the review procedures specified in the Surface Water Design Manual. (Ord. No. 90-31, § 7(C), 2-13-90) Sec. 21.69. Procedures and conditions re- lated to construction timing and final approval. (a) No work related to permanent or temporary storm drainage control shall proceed without the approval of the public works director. (b) Erosion/sedimentation control measures as- sociated with both the interim and permanent drainage systems shall be: (1) Constructed in accordance with the ap- proved plan prior to any grading or land clearing other than that associated with the erosion/sedimentation control plan; (2) Satisfactorily maintained until all improve- ments, restoration and landscaping associ- ated with the permit and/or approval listed in sections 21-86 and 21-87 are completed and the potential for on -site erosion has passed. (c) Prior to the construction of any improve- ments and/or buildings on the site, those portions of the drainage facilities necessary to accommo- date the control of surface and stormwater runoff discharging from the site must be constructed and in operation. With regard to subdivisions only, Secs. 21-70-21-85. Reserved. DIVISION 4. DRAINAGE REVIEW* Sec. 21.86. Permits and approvals —When re- quired. A drainage review is required for any proposed project requiring one of the permits or approvals listed in section 21-87 which would: (1) Add more than 5,000 square feet of new impervious surface; (2) Collect and concentrate surface and storm - water runoff from a drainage area of more than 5,000 square feet; or (3) Contain or abut a floodplain, stream, lake, wetland or closed depression, or a sensitive area as defined by ordinance as determined by the public works director. (Ord. No. 90-31, § 3(A); 2-13-90) Sec. 21-87. Same —Enumeration. The following permits and approvals will be re- quired to have a drainage review if the project involves the planned actions listed in section 21-86: (1) Commercial building; (2) Conditional use; (3) Formal subdivision (plat); (4) Grading; (5) Landsurface modification; (6) Site plan review; (7) Processes I, II, III; (8) Master plan development; (9) Planned unit development; *Cross reference —Requirements for street right-of-way use plans, § 13-30. 1260 SURFACE AND STORMWATER MANAGEMENT (10) Residential building; (11) Right-of-way use; (12) Shoreline substantial development; (13) Administrative subdivision (short plat); (14) Special use; (15) Unclassified use; (16) Zoning reclassification; and/or (17) Zoning variance. (Ord. No. 90-31, § 3(B), 2-13-90) Cross references —Subdivisions, ch. 20; site plan review, § 22-361 et seq.; process I review requirements, § 22.386 et seq.; process II review requirements, § 22431 at seq.; process III review requirements, § 22.476 et seq.; process IV review re- quirements, § 22-516 at seq.; land modifications under the zoning regulations, § 22.1091 et seq.; plus unit developments, § 22.921 at seq.; shoreline management regulations, § 18-161 at seq.; zoning variance procedure, § 22-196 at seq. Sec. 21-88. Contents of engineering plan. All submittal procedures, definitions and spec- ifications for the required contents of engineering plans are presented in the plan review process section of the Surface Water Design Manual. (Ord. No. 90-31, § 49 2-13-90) Sec. 21.89. Core requirements. Every permit . or approval application with drainage review required by sections 21-86 and 21-87 must meet each of the following core re- quirements which are described in detail in the Surface Water Design Manual adopted in section 21-67: (1) Core requirement #1. Discharge at the nat- ural location. The discharge from a project site must occur at the natural location and/or produce no significant adverse im- pact, as described in the Surface Water De- sign Manual. (2) Core requirement #2. Off -site analysis. All projects must identify the upstream tribu- tary drainage area and perform a down- stream analysis. Levels of analysis required depend on the problems identified or pre- dicted. At a minimum, a level one analysis 1261 § 21-89 as described in the Surface Water Design Manual must be submitted with the initial permit application. (3) Core requirement #3. Runoff control. All projects shall provide runoff controls to con- trol the quantity and quality of runoff from the project by limiting the peak rates of runoff from design storm events to the pre - developed peak rates based on the project site's existing runoff conditions. The de- sign volume, when detention facilities are required by the Surface Water Design Manual to meet the standard runoff control performance curve for the two- and ten- year, 24-hour duration design storm events, shall be increased by a 30 percent factor for safety. This factor of safety shall be re- viewed as new research is completed to eval- uate its effectiveness. Project runoff resulting from more than 5,000 square feet of impervious surface, and subject to vehicular use or storage of chemicals, shall be treated prior to discharge from the project site by biofiltration measures as specified in the Surface Water Design Manual. (4) Core requirement #4. Conveyance system. All conveyance systems for projects must be an- alyzed, designed and constructed for ex- isting tributary off -site flows and devel- oped on -site flows from the project. (5) Core requirement #5. Erosion/sedimentation control plan. All engineering plans for projects that involve modification or'signif- icant impact to existing drainage facilities and/or construction of new drainage facili- ties must include a plan to control erosion and sedimentation during construction and to permanently stabilize soil at the site. (6) Core requirement #6.. Maintenance and op- eration. Maintenance of all drainage facil- ities constructed or modified by a project is the responsibility of the property owner as described in the surface water design manual, except the city performs mainte- nance of drainage facilities constructed for formal plat subdivisions, and some short § 21-89 FEDERAL WAY CITY CODE plat subdivisions, two years after final plat d. Will clear an area of more than 500 recording following an inspection by the acres, city. a master drainage plan shall be prepared (7) Core requirement #7. Bonds and liability. as specified in the Surface Water Design All drainage facilities for projects (except Manual and submitted with the State En - downspout roof drain infiltration systems) vironmental Policy Act checklist. Approval must comply with the bond and liability of the master drainage plan is required be - requirements of sections 21-111 through 21- fore permit approval. 115. (Ord. No. 90-31, § 5(A), 2-13-90) (4) Special requirement #4. Adopted basin or community plans. If a project lies within an Sec. 21.90. Special requirements. area included in an adopted basin or coma munity plan, the project drainage review In addition to the core requirements, engi- and engineering plans shall be prepared in conformance with the special requirements neering plans must also meet any of the following special requirements which apply to the project of the adopted basin or community plan. and which are described in detail in the surface (5) Special requirement #5. Special water water design manual: quality controls. If a project will construct (1) Special requirement #1. Critical drainage more than one acre of impervious surfacethat will be subject to vehicular use or area. If a project lies within an area desig- nated by the public works director as a crit- storage of chemicals, and: ical drainage area, the project drainage re- a. Proposes to discharge runoff directly to view and engineering plans shall be a regional facility, receiving water prepared in accordance with special critical body, lake, wetland or closed depres- drainage area requirements that have been sion to provide the runoff control con - formally adopted by the public works. di- sistent with core requirement #3, or rector. b. The runoff from the project will dis- (2) Special requirement #2. Compliance with an charge into a Type 1 or 2 stream, or Type 1 wetland within one mile from existing master drainage plan. If a project the project site, lies within an area covered by an approved master drainage plan, the project drainage a wetpond meeting the standards as speci- review and engineering plans shall be pre- fied in the surface water design manual pared in accordance with any special re- shall be employed to treat a project's runoff quirements of the master drainage plan. prior to discharge from the project site. A wetvault or water quality swale • may be (3) Special requirement #3. Conditions re- used when a wetpond is not feasible. quiring a master drainage plan. If a project: (6) Special requirement #6. Coalescing plate oill a. Is a master planned development as de- water separators. If a project will construct scribed in an adopted comprehensive more than five acres of impervious surface plan or other ordinance, that will be subject to petroleum storage or b. Is a subdivision that will eventually transfer, or high vehicular (more then 2,500 have more than 100 single-family lots vehicle trips per day) or heavy equipment and encompasses a contiguous drainage use, storage or maintenance, then a coa- subbasin of more than 200 acres, lescing plate or equivalent oil/water sepa- c. Is a commercial building permit or rater shall be employed to treat a project's planned unit development that will runoff prior to treatment by a wetpond, eventually construct more than 50 wetvault; or water quality swale, and/or dis- acres of impervious surface, or charge from the project site. 1262 SURFACE AND STORMWATER MANAGEMENT (7) Special requirement #7. Closed depressions. If a project will discharge to an existing closed depression either on or off the site that has greater than 5,000 square feet of surface area at potential overflow, the project's drainage review and engineering plans must meet the requirements for closed depressions as specified in the Surface Water Design Manual. (8) Special requirement #8. Use of lakes, wet- lands or closed depressions for runoff con- trol. If a project proposes to use a lake, wet- land, or closed depression for runoff controls required by core requirement #3, then the project must meet the requirements of King County Code chapter 21.54, Sensitive areas, for such use, include special water quality controls, and observe the limits on any in- creases to the floodplain as specified in the Surface Water Design Manual. (9) Special requirement #9. Delineation of 100- year floodplain. If a project contains or abuts a stream, lake, wetland or closed depres- sion, then the 100-year floodplain bound- aries and floodway if available based on an approved floodplain study as speed in the Surface Water Design Manual shall be delineated on the site improvement plans and profiles and on any final plat maps pre- pared for the project. (10) Special requirement #10. Flood protection for Type 1. and 2 streams. If a project con- tains or abuts a Type 1 or 2 stream (as de- fined in the Surface Water Design Manual) that has an existing flood protection fa- cility or involves construction of a new, or modification of existing flood protection fa- cility, the flood protection facility shall be analyzed and/or designed as specified in the Surface Water Design Manual and in the Federal Emergency Management (FEMA) regulations (44 CFR). (11) Special requirement #11. Geotechnical anal- ysis and report. If a project includes con- struction of a pond for drainage control or an infiltration system (excluding a roof downspout system) above a steep slope (as defined in the Surface Water Design § 21-91 Manual) within 200 feet from the top of the steep slope or on a slope with a gradient steeper than 15 percent, or construction of earth fill/bank armor for flood protection facilities, a geotechnical analysis and re- port shall be prepared and stamped by a geotechnical professional civil engineer that shall address at a minimum the analysis described in the Surface Water Design Manual. (12) Special requirement #12. Soils analysis and report. If the soils underlying a project have not been mapped, or if the existing soils maps are in error or not of sufficient reso- lution to allow the proper engineering anal- ysis for the proposed site to be performed, a soils analysis and report shall be prepared and stamped by a professional civil engi- neer with expertise in soils to verify and/or map the underlying soils by addressing at a minimum the analysis described in the Surface Water Design Manual. (Ord. No. 90-31, § 5(B), 2-13-90) Sec. 21-91. Variances from requirements. Where application of the provisions of this di- vision may deny reasonable use of a property, the core and special requirements contained in this division and/or other requirements in the Surface Water Design Manual may be proposed for a vari- ance. 1263 (1) A variance may be proposed provided that the resulting development shall be subject to all of the remaining terms and condi- tions of this article and provided that granting the variance will: a. Produce a compensating or comparable result which is in the public interest, and b. Meet the objectives of safety, function, appearance, environmental protection and maintainability based upon sound engineering judgment. (2) Variance requests shall be *processed in ac- cordance with procedures specified in the Surface Water Design Manual. § 21-91 FEDERAL WAY CITY CODE - (3) Proposed variances to the core and special requirements must be approved prior to permit approval and construction. (4) The applicant may appeal the denial of a variance request by following the appeal procedures as speed in the Surface Water Design Manual. (Ord. No. 90-31, § 5(C), 2-13-90) Sec. 21-92. Critical drainage areas. Development in areas where the public works director has determined that the existing flooding, drainage and/or erosion conditions present an im- minent likelihood of harm to the welfare and safety of the surrounding community shall meet special drainage requirements set by the public works director, until such time as the community hazard is alleviated. Such conditions may include the limitation of the volume of discharge from the subject property to predevelopment levels, preser- vation of wetlands or other natural drainage fea- tures, or other controls necessary to protect against community hazard. Where applications of the pro- visions of this section will deny all reasonable uses of the property, the restriction of development con- tained in this section may be proposed for a vari- ance, provided that the resulting development shall be subject to all of the remaining terms and conditions of this article. (Ord. No. 90-31, § 6, 2-13-90) Secs. 21-93-21-110. Reserved. DIVISION 5. RETENTION/DETENTION FACILITIES See. 21.111. Bonds required. The public works director is authorized to re- quire all persons constructing retention/detention facilities and other drainage facilities to post bonds. Where such persons have previously posted, or are required to post, other such bonds either on the facility itself or on other construction related to the facility, such person may, with the permis- sion of the public works -director and to the extent allowable by law, combine all such bonds into a single bond, provided that at no time shall the amount thus bonded be less than the total amount which would have been required in the form of separate bonds; and such a bond shall on its face clearly delineate those separate bonds which it is intended to replace. (Ord. No. 90-31, § 9, 2-13-90) Sec. 21-112. Drainage facilities restoration • and site stabilization bond. Prior to commencing construction, the person required to construct the drainage facility pur- suant to sections 21-89 through 21-91 shall post a drainage facilities restoration and site stabiliza- tion bond in the amount sufficient to cover the cost of corrective work on or off the site which is necessary to provide adequate drainage, stabilize and restore disturbed areas, and remove sources of hazard associated with work which has been performed and is not completed. After determina- tion by the public works director that all facilities are constructed in compliance with approved plans, the drainage facilities restoration and site stabi- lization bond shall be released. The city may col- lect against the drainage facilities restoration and site stabilization bond when work is not com- pleted in reasonable fashion and is found to be in violation of the conditions associated with the permit and/or approval listed in sections 21-86 and 21-87. It is the public works director's discretion to determine whether the site is in violation of the requirements of this article, and whether the bond shall be collected to remedy the violation. Prior to final approval and release of the drainage facili- ties restoration and site stabilization bond, the public works director shall conduct a comprehen- sive inspection for the purpose of observing that the retention/detention facilities and other drainage facilities have been constructed according to plan, applicable specifications and standards. (Ord. No. 90-31, § 9(A), 2-13-90) Sec. 21.113. Defect and maintenance bond. After satisfactory completion of the drainage facility or final plat approval, whichever occurs last, the person required to construct the facility pursuant to this article shall post a defect and maintenance bond warranting the satisfactory per. formance and maintenance of the drainage fa- cility and guaranteeing the workmanship and ma- terials used in the construction of the facility for 1264 SURFACE AND STORMWATER MANAGEMENT a period of two years. For subdivision retention/ detention facilities that the city may assume main- tenance of pursuant to section 21-116, the defect and maintenance bond shall be posted for a period of two years or until the city assumes mainte- nance, whichever is longer. The public works di- rector shall not release the defect and mainte- nance bond until all inspection fees are paid. (Ord. No. 90-31, § 9(B), 2-13-90) Sec. 21.114. Failure to complete proposed work. In the event of failure to comply with all the conditions and terms of the permit and/or ap- proval covered by this article, the public works director shall notify the permittee and surety in writing, and failing to obtain response within seven days from the receipt of notification may order the work required to be satisfactorily com- pleted or perform all necessary corrective work to stabilize and restore disturbed areas and elimi- nate hazards caused by not completing the work. The surety- executing such bond shall continue to be firmly bound up to the limits of the bond, under a continuing obligation for the payment of all nec- essary costs and expenses that may be incurred or expended by the city in causing any and all such required work to be done. In no event shall the liability of the surety exceed the amount stated in the bond regardless of the number of years the bond remains in force. (Ord. No. 90-31, § 9(C), 2-13-90) Sec. 21-115. Liability insurance. The person required to construct the facility pur- suant to sections 21-89 through 21-91 shall main- tain a liability policy in the amount of $500,000.00 per individual, $500,000.00 per occurrence and $100,000.00 property damage, which shall name the city as an additional insured, and which shall protect the city from any liability up to those amounts for any accident, negligence, failure of the facility, or any other liability whatsoever, re- lating to the construction or maintenance of the facility. Proof of such liability policy shall be pro- vided to the public works director prior to comm mencing construction of any drainage facility, pro- vided that in the case of facilities assumed by the city for maintenance pursuant to section 21-116, § 21.117 such liability policy shall be terminated when the city maintenance responsibility commences. (Ord. No. 90-31, § 9(D), 2-13-90) Sec. 21-116. Maintenance of subdivision re- tention1detention facilities. (a) Maintenance of all subdivision retention/ detention facilities shall remain the responsibility of the person required to construct the retention/ detention facilities until all the conditions of this section has been met. (b) A retention/detention facility located within and servicing only an individual lot shall not be accepted by the city for maintenance and will re- main the responsibility of persons holding title to the property within which the facility is located. (c) Only after all of the following conditions have been met shall the city assume maintenance of the subdivision retention/detention facility: 1265 (1) All of the requirements of sections 21-111 through 21-115 have been fully met. (2) All necessary easements or tracts entitling the city to properly maintain the retention/ detention facility have been conveyed to the city and boundary survey stakes estab- lished. (3) The public works director has conducted an inspection and determined that the facility has been properly maintained and is oper- ating as designed. This inspection shall occur two years after posting of the defect and maintenance bond. (Ord. No. 90-31, § 10, 2-13-90) Cross reference —Subdivisions, ch. 20. Sec. 21-117. Hazards. (a) Whenever the public works director deter- mines that any existing construction site, erosion/ sedimentation problem and/or drainage facility poses a hazard to life and limb, endangers any property and/or adversely affects the condition or capacity of other drainage facilities, the safety and operation of city right-of-way, utilities and/or other property owned or maintained by the city, the person to whom the permit was issued pursuant to sections 21-86 and 21-87, the owner of the prop- erty within which the drainage facility is located, § 21-117 FEDERAL,. WAY CITY CODE 4 the person responsible for maintenance of the fa- cility and/or other person or agent in control of such property, upon receipt of notice in writing from the public works director, shall within the period specified therein repair or otherwise ad- dress the cause of the hazardous situation in con- formance with the requirements of this article. (b) Should the public works director have rea- sonable cause to believe that the situation is so adverse as to preclude written notice, he or she may take the measures necessary to eliminate the hazardous situation, provided that he or she shall first make a reasonable effort to locate the owner before acting. In such instances the person of whom a drainage plan was required pursuant to sections 21-86 and 21-87, the owner of the prop- erty and/or the person responsible for the main- tenance of the facility shall be obligated for the payment of all costs incurred. If costs are incurred and a bond pursuant to this article or other city requirement has been posted, the public works director shall have the authority to collect against the bond to cover costs incurred. (Ord. No. 90-31, § 11, 2-13-90) (The next page is 1:1171 1266 MINING ARTICLE V. SUE PLAN REVIEW* Sec. 22.361. Generally. gXcept as specified in section 22-362, every ap- rlication for a development permit must undergo sate plan review under this article and is subject ;o the provisions of this article. Ord. No. 90-43, § 2(175.10(1)), 2-27-90) Cross reference —Permits, § 22.176 et seq. Sec. 22.362. Exceptions. permits for the following are exempt from the provisions of this article: (1) , The development of one detached dwelling unit on a preexisting lot. (2) Any tenant improvements or normal main- tenance on the subject property necessary to meet the varied requirements of con- tinuing or succeeding tenants. The director of community development may exempt minor additions from the re- quirements of this article; provided the ad- ditions are necessary to house mechanical equipment such as coolers, heating, venti- lation, and air conditioning type of equip- ment. Ord. No. 90-43, § 2(175.10(2)), 2-27-90; Ord. No. 91-113, § 5, 12-3-91; Ord. No. 92-144, § 4, 6-16-92) Sec. 22-363. Conduct of the review. The city manager shall appoint one or more em- ployees or other persons working on behalf of the city to perform the functions established under this article. (Ord. No. 90-43, § 2(175.10(3)), 2-27-90) 'Cross references —Binding site plans under the subdivi- sion regulations, § 20-61 et seq.; requirements for drainage review, § 21-87; calculating lot coverage requirements in the district regulations, § 22.955; land modification restrictions and requirements, § 22-1091 ct seq.; site plan required for commercial and industrial uses and activities that are con- ducted out of doors, § 22-1113; site design requirements for envirr--.entally sensitive areas, § 22.1266 et seq. 1363 Sec, 22.364. Purposes of review. § 22.366 The site plan review has the following pur- poses: (1) To review the proposal for compliance with the provisions of this chapter and all other applicable law. (2) To help insure that the proposal is coordi- nated, as is reasonable and appropriate, with other known or anticipated develop- ment on private properties in the area and with known or anticipated right-of-way and other public improvement projects within the area. (3) To encourage proposals that embody good design principles that will result in high quality development on the subject prop- erty. (4) To determine whether the streets and util- ities in the area of the subject property are adequate to serve the anticipated demand from the proposal. (5) To review the proposed access to the sub- ject property to determine that it is the op- timal location and configuration for access. (Ord. No. 90.43, § 2(175.10(4)), 2-27-90) Sec. 22.365. Administrative guidelines. The city manager is authorized to adopt admin- istrative guidelines to implement the provisions of this article. These administrative guidelines will be used in the site plan review and have the full force and effect as if they were set forth in this chapter, and shall be on file in the department of community development. (Ord. No. 90-43, § 2(175.10(5)), 2-27-90) Sec. 22-366. Authority. (a) If the proposal requires approval through processes 1, II or III of this chapter, the site plan review conducted under this article will be put in writing and form the basis of or be an exhibit to the staff report to the hearing examiner under processes II and III and will be provided to the director of community development under process I. § 22-366 FEDERAL WAY CITY CODE (b) If subsection (a) of this section does not apply, the site plan review conducted under this article will form the basis of any modifications to any permits or approvals issued by the city for the proposal. In this regard, the person or persons con- ducting the site plan review is hereby authorized to require modifications to the proposal consistent with the criteria contained in section 22-364 and the administrative guidelines, if any, adopted under section 22-365. (Ord. No. 90-43, § 2(175.10(6)), 2-27-90) Cross references —Process I review requirements, § 22-386 et seq.; process II review requirements, § 22-431 et seq.; pro- cess III review requirements, § 22-476 et seq. Sec. 22-367. Appeals. The applicant may appeal a decision to require modifications of a proposal, other than modifica- tions required to bring the proposal into compli- ance with this chapter and all other applicable laws, to the hearing examiner using the appeal procedures of process I of this chapter. (Ord. No. 90-43, § 2(175.10(7)), 2-27-90) Sec. 22-368. Other authority not affected. Nothing in this article in any way limits, or may be construed to limit, the authority of the city including but not limited to the authority to condition or deny proposals, available to the city in, through or by any other provision of this ar- ticle or other law. (Ord. No. 90-43, § 2(175.10(8)), 2-27-90) Sec. 22-369. Responsibility of applicant and owner. Regardless of any review, approval, inspection or other actions of the city, it is the responsibility of the applicant and owner to insure that all work, actions or conditions on the subject property comply with this chapter and all other applicable laws and any permits and/or approvals granted under this chapter or other applicable law. (Ord. No. 90-43, § 2(175.22), 2-27-90) Secs. 22-370-22-385. Reserved. ARTICLE VI. PROCESS I REVIEW* Sec. 22.386. Administration. Various places of this chapter indicate that tain developments, activities or uses are permi only if approved using process I. This article scribes process I. Under process I, the directs community development will make the initia cision based on written comments and infor tion. Appeals will be decided by the hearing aminer after a public hearing. (Ord. No. 90-43, § 2(145.05), 2-27-90) Cross reference —Hearing examiner, § 22.81 et seq. Sec. 22.387. Proposal requiring appr through process II or III. If the development, use or activity that requi approval through process I is part of a propo that also requires approval through process Il process III, the entire proposal will be decided uj using that other process (or if processes II and apply, then process III), if the director of come nity development determines that this will res in more efficient decision making. (Ord. No. 90-43, § 2(145.10), 2-27-90) Sec. 22-388. Applications. (a) Who may apply. Any person may, pers ally or through an agent, apply for a decision garding property he or she owns. *Cross references —Appeals from the fire prevention si dards, § 8-40; procedure for review of the shoreline mane ment development permit requirements, § 18-165; power jurisdiction of the hearing examiner, § 22.84; review pr dure for short subdivision plats, § 20-85; requirements drainage review, § 21.87; appeals regarding zoning citad to be reviewed under process I requirements, § 22.126; mi modifications to the site plan approved as part of the res tion of intent to rezone may be made using process I pr dures, § 22-304; for proposals which require approval thro processes I, II or III, the site plan review must meet the quirements in this section, § 22.366; applications for a ten rary use permit will be reviewed and decided using prose review procedures, § 22-546 et seq.; proposal to construe bulkhead along the stream must be reviewed under the cess I review procedure, § 22-1308; request for culvert - streams will be reviewed under the process I review pr dure, § 22-1309; appeals of modification requirements in velopments or uses which require approval through prose I, 1I or III shall be appealed purs;jant to the procedure process I, § 22-1397. 1364 k1 plel nir par infc pro :t01 ma, mei cisl .s sub cat: nie. Or Se( son art: sha cab Act isst mei (Or C Se( opr. cat § 22-366 FEDERAL WAY CITY CODE (b) If subsection (a) of this section does not apply, the site plan review conducted under this article will form the basis of any modifications to any permits or approvals issued by the city for the proposal. In this regard, the person or persons con- ducting the site plan review is hereby authorized to require modifications to the proposal consistent with the criteria contained in section 22-364 and the administrative guidelines, if any, adopted under section 22-365. (Ord. No. 90-43, § 2(175.10(6)), 2-27-90) Cross references —Process I review requirements, § 22-386 et seq.; process II review requirements, § 22-431 et seq.; pro- cess III review requirements, § 22-476 et seq. Sec. 22.367. Appeals. The applicant may appeal a decision to require modifications of a proposal, other than modifica- tions required to bring the proposal into compli- ance with this chapter and all other applicable laws, to the hearing examiner using the appeal procedures of process I of this chapter. (Ord. No. 90-43, § 2(175.10(7)), 2-27-90) Sec. 22-368. Other authority not affected. Nothing in this article in any way limits, or may be construed to limit, the authority of the city including but not limited to the authority to condition or deny proposals, available to the city in, through or by any other provision of this ar- ticle or other law. (Ord. No. 90-43, § 2(175.10(8)), 2-27-90) Sec. 22.369. Responsibility of applicant and owner. Regardless of any review, approval, inspection or other actions of the city, it is the responsibility of the applicant and owner to insure that all work, actions or conditions on the subject property comply with this chapter and all other applicable laws and any permits and/or approvals granted under this chapter or other applicable law. (Ord. No. 90-43, § 2(175.22), 2-27-90) ecs. 22-370-22-385. Reserved. ARTICLE VI. PROCESS I REVIEW* Sec. 22-386. Administration. Various places of this chapter indicate that cer- tain developments, activities or uses are permitted only if approved using process I. This article de- scribes process I. Under process I, the director of community development will make the initial de- cision based on written comments and informa- tion. Appeals will be decided by the hearing ex- aminer after a public hearing. (Ord. No. 90743, § 2(145.05), 2-27-90) Cross reference —Hearing examiner, § 22.81 et seq. Sec. 22.387. Proposal requiring approval through process II or III. If the development, use or activity that requires approval through process I is part of a proposal that also requires approval through process II or process III, the entire proposal will be decided upon using that other process (or if processes II and III apply, then process III), if the director of commu- nity development determines that this will result in more efficient decision making. (Ord. No. 90-43, § 2(145.10), 2-27-90) Sec. 22.388. Applications. (a) Who may apply. Any person may, person- ally or through an agent, apply for a decision re- garding property he or she owns. 'Cross references —Appeals from the fire prevention stan- dards, § 8-40; procedure for review of the shoreline manage- ment development permit requirements, § 18.165; power and jurisdiction of the hearing examiner, § 22.84; review proce= dure for short subdivision plats, § 20-85; requirements for drainage review, § 21-87; appeals regarding zoning citations to be reviewed under process I requirements, § 22-126; minor modifications to the site plan approved as part of the resolu- tion of intent to rezone may be made using process I proce- dures, § 22.304; for proposals which require approval through processes I, II or III, the site plan review must meet the re- quirements in this section, § 22.366; applications for a tempo- rary use permit will be reviewed and decided using process I review procedures, § 22-546 et seq.; proposal to construct a bulkhead along the stream must be reviewed under the pro- cess I review procedure, § 22-1308; request for culverts ih streams will be reviewed under the process I review proce- dure, § 22-1309; appeals of modification requirements in de- velopments or uses which require approval through processes I, II or III shall be appealed pursuant to the procedures of process I, § 22-1397. 1364 ZONING (b) How to apply. The applicant shall file a com- pleted application in the department of commu- nity development on the form provided by the de- partment. The applicant shall also provide any information or material that is specified in the provision of this chapter that describes the deci- sion applied for and any additional information or material that the director of community develop- ment determines is reasonably necessary for a de- cision on the matter. (c, Fee. With the application, the applicant shall submit the fee established by the city. The appli- cation will not be accepted unless it is accompa- nied by the required fee. (Ord. No. 90-43, § 2(145.15), 2-27-90) Sec. 22-389. Compliance with State Environ- mental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development shall evaluate each application and, where appli- cable, comply with the State Environmental Policy Act and with state regulation and city ordinances issued under the authority of the State Environ- mental Policy Act. (Ord. \o. 90643, § 2(145.20), 2-27-90) Cross reference —Environmental policy, § 18-26 et seq. Sec. 22.390. Official file. (a/ Contents. The director of community devel- opment shall compile an official file on the appli- cation containing the following: (1' All application material submitted by the applicant. (2 1 All written comments received on the matter. (31 The written decision of the director of com- munity development. (4' If the decision of the director of community development is appealed, the following will be included in the file: a. The letter of appeal. b. All written comments submitted re- garding the appeal. c. The staff report on the appeal. § 22-391 d. The electronic sound recording of the hearing on the appeal. e. The decision of the hearing examiner on the appeal. (5) Any other information relevant to the matter. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours. (Ord. No. 90-43, § 2(145.25), 2-27-90) Sec. 22.391. Notice. (a) Content. The director of community devel- opment shall prepare a notice of each application containing the following information: (1) The name of the applicant and, if appli- cable, the project name. (2) The street address of the subject property or, if this is not available, a locational de- scription in nonlegal language. Except for notice published in the official newspaper of the city, the notice must also include a vicinity map that identifies the subject prop- erty. (3) The citation of the provision of this chapter describing the requested decision. (4) A brief verbal description of the requested decision. (5) A statement of the availability of the offi- cial file. (6) A statement of the right of any person to submits written comments to the director of community development regarding the application and the deadline for submit- ting comments. (7) A statement that only the person who sub- mits written comments to the director of community development may appeal the di- rector's decision. 1365 § 22-391 FEDERAL WAY CITY CODE (b) Distribution. At least 14 calendar days be- fore the deadline for submitting comments the di- rector of community development shall distribute this notice as follows: (1) A copy of the notice will be published in the official newspaper of the city. (2) At least three copies of the notice will be conspicuously posted on or near the subject property. Of these, at least one will be posted on or adjacent to every public right- of-way providing primary vehicular access to any property that abuts the subject prop- erty. (3) A copy of the notice will be posted on each of the official notification boards of the city. (Ord. No. 90-43, § 2(145.30), 2-27-90) Sec. 22-392. Burden of proof. The applicant has the responsibility of con- vincing the director of community development that, under the provisions of this article, the ap- plicant is entitled to the requested decision. (Ord. No. 90-43, § 2(145.35), 2-27-90) Sec. 22.393. Written comments. The director of community development shall consider all written comments and information regarding the requested decision that are received by the department of community development be- fore the deadline contained within the notice re- garding the application. (Ord. No. 90-43, § 2(145.40), 2-27-90) Sec. 22-394. Director's decision. (a) General. Within ten working days after the deadline for submitting comments and after con- sidering all of the information and comments sub- mitted on the matter, the director of community development shall issue a written decision. (b) Decisional criteria. The director of commu- nity development shall use the criteria listed in the provision of this chapter describing the re- quested decision in deciding upon the application. In addition, the director of community develop- ment may approve the application only if: (1) It is consistent with the comprehensive plan; (2) It is consistent with all applicable provi- sions of this chapter; and (3) It is consistent with the public health, safety and welfare. (c) Conditions and restrictions. The director of community development shall include in the written decision any conditions and restrictions that he or she determines are reasonably neces- sary to eliminate or minimize any undesirable ef- fects of granting the application. Any conditions and restrictions that are included become part of the decision. (d) Contents. The director of community devel- opment shall include the following in the written decision: (1) A statement granting, modifying and granting, or denying the application. (2) Any, conditions and restrictions that are im- posed. (3) A statement of facts presented to the di- rector of community development that sup- port the decision, including any conditions and restrictions that are imposed. (4) A statement of the director's conclusions based on those facts. (5) A statement of the criteria used by the di- rector of community development in making the decision. (6) The date of the decision. (7) A summary of the rights, as established in this article, of the applicant and others to request consideration and to appeal the de- cision of the director of community devel- opment. (e) Distribution of written decision. Within two working days after the written decision of the di- rector of community development is issued, it shall be distributed as follows: (1) A copy will be mailed to the applicant. 1366 ZONING (2) A copy will be mailed to each person who submitted written comments or informa- tion to the director of community develop- ment. (3) A copy will be mailed to any person who has specifically requested it. (Ord. No. 90-43, § 2(145.45), 2-27-90) Sec. 22.395. Effect of the decision. The applicant may not engage in any activity based on the decision until the third working day after the time to appeal has expired. If the deci- sion is appealed or if a request for reconsideration is granted, the applicant may not engage in any activity based on the decision until the third working day after the city issues a final decision on the matter. If the decision of the director of community development is not appealed or recon- sidered, that decision is the final decision of the city. (Ord. No. 90-43, § 2(145.50), 2-27-90) Sec. 22.396. Request for reconsideration. (a) General. Any person who has a right to ap- peal under section 22-397 may request the di- rector of community development to reconsider any aspect of the decision by delivering a written request for reconsideration to the department of community development within seven calendar days after the date of issue of the director's deci- sion. The person requesting the reconsideration shall specify in the request what aspect of the decision he or she wishes to have reconsidered and the reasons for the request. (b) Distribution of request. The person re- questing reconsideration shall, within the same time limits established in subsection (a) of this section, mail or personally deliver a copy of the request for reconsideration along with a notice of the deadline for responding to the request for re- consideration as established in subsection (c) of this section to those persons who have a right to appeal under section 22-397. Proof of such mail or personal delivery shall be made by affidavit at- tached to the request for reconsideration deliv- ered to the department of community develop- ment. § 22-397 (c) Response to request. Any person receiving a copy of the request for reconsideration pursuant to subsection (b) of this section may file a written response to the request. Such response must be received by the department of community devel- opment within seven calendar days after the written request for reconsideration was filed with the department. Any person filing a response shall distribute that response and file an affidavit of distribution as established in subsection (b) of this section. (d) Decision to reconsider. Within ten working days after receiving a request for reconsideration, the director of community development shall no- tify the persons who have a right to appeal under section 22-397(a) whether or not the decision will be reconsidered. The director may reconsider the decision only if he or she concludes that there is substantial merit in the request. (e) Effect. If the director of community develop- ment grants a request to reconsider any aspect of the decision, the city may not process any appeals of the decision until the director issues his or her written decision on the reconsidered aspect. (f) Process. If the director of community devel- opment reconsiders any aspects of the decision, the provisions of sections 22-391 through 22-395 will be followed, except that the director may limit the reconsideration by: (1) Limiting the persons who may participate in the reconsideration to those persons who have a right to appeal the decision under section 22-397. If this occurs, only such per- sons will be given notice under section 22- 391; (2) Limiting the aspect of the decision that will be reconsidered; any limitations will be included in the notice given under section 2M91. (Ord. No. 90-43, § 2(145.55), 2-27-90) Sec. 22.397. Appeals. (a) Who may appeal. The decision of the di- rector of community development may be appealed by any person who is to receive a copy of that decision under section 22-394. 1367 § 22-397 FEDERAL WAY CITY CODE (b) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to the department of community development within 14 calendar days after issuance of the decision of the director of community development or, if a re- quest for reconsideration is filed, then within 14 calendar days of either the decision of the director denying the request for reconsideration or the re- considered decision, as the case may be. The letter of appeal must contain: (1) A clear reference to the matter being ap- pealed; and (2) A statement of the specific factual findings and conclusions of the director of commu- nity development disputed by the person filing the appeal. (c) Fees. The person filing the appeal shall in- clude, with the letter of appeal, the fee as estab- lished by the city. The appeal will not be accepted unless it is accompanied by the required fee. (d) Request for reconsideration not required. The decision of the director of community develop- ment may be appealed whether or not there was a request to reconsider the director's decision. (e) Jurisdiction. Appeals from the decision of the director of community development will be heard by the hearing examiner. (Ord. No. 90-43, § 2(145.60), 2-27-90) Sec. 22-398. Notice of appeal hearing. (a) Content. The director of community devel- opment shall prepare a notice of the appeal con- taining the following: (1) The file number and a brief verbal descrip- tion of the matter being appealed. (2) A statement of the scope of the appeal, in- cluding a summary of the specific factual findings and conclusions disputed in the letter of appeal. (3) The date, time and place of the public hearing on the appeal. (4) A statement of who may participate in the appeal. (5) A statement of how to participate in the appeal. (b) Distribution. At least ten calendar days be- fore the hearing on the appeal, the director of com- munity development shall mail a copy of this no- tice to each person entitled to appeal the decision under section 22-397. (Ord. No. 90-43, § 2(145.65), 2-27-90) Sec. 22.399. Participation in the appeal Only those persons entitled to appeal the deci- sion under section 22-397 may participate in the appeal. These persons may participate in either or both of the following ways: (1) By submitting written comments or infor- mation to the department of community de- velopment prior to the hearing or to the hearing examiner during the hearing. (2) By appearing in person, or through a rep- resentative, at the hearing and submitting oral comments directly to the hearing ex- aminer. The hearing examiner may reason- ably limit the extent of the oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 90-43, § 2(145.70), 2-27-90) Sec. 22.400. Scope of the appeal. The scope of the appeal is limited to the specific factual findings and conclusions disputed in the letter of appeal and the hearing examiner may only consider information on these factual find- ings and conclusions. Persons participating in the appeal may present new information to the hearing examiner that was not presented'to the director of community development only if it is relevant to the specific factual findings and con- clusions disputed in the letter of appeal. (Ord. No. 90-43, § 2(145.75), 2-27-90) Sec. 22.401. Staff report on appeal. (a) Content. The director of community devel- opment shall prepare a staff report on the appeal containing the following: (1) The written decision of the director of com- munity development. 1368 ZONING (2) All written comments submitted to the di- rector of community development. (3) The letter of appeal. (4) All written comments on the appeal re- ceived by the department of community de- velopment from persons entitled to partic- ipate in the appeal and within the scope of the appeal. (5) An analysis of the specific factual findings and conclusions disputed in the letter of ap- peal. (b) Distribution. At least seven calendar days before the hearing, the director of community de- velopment shall distribute copies of the staff re- port on the appeal as follows: (1) A copy will be sent to the hearing exam- iner. (2) A copy will be sent to the applicant. (3) A copy will be sent to the person who filed the appeal. (4) A copy will be sent to each person who re- ceived a copy of the director's decision. (Ord. No. 90-43, § 2(145.80), 2-27-90) Sec. 22.402. Public hearing on appeal. (a) Generally. The hearing examiner shall hold a public hearing on the appeal. (b) Open to public. The hearings of the hearing examiner are open to the public. (Ord. No. 90-43, § 2(145.85), 2-27-90) Sec. 22-403. Electronic sound recordings. The hearing examiner shall make a complete electronic sound recording,of each hearing. (Ord. No. 90-43, § 2(145.90), 2-27-90) Sec. 22.404. Burden of proof. The person filing the appeal has the responsi- bility of convincing the hearing examiner that the director of community development made an in- correct decision because of erroneous findings of fact or conclusions. (Ord. No. 90-43, § 2(145.95), 2-27-90) § 22.407 Sec. 22-405. Continuation of the hearing. The hearing examiner may continue the hearing if, for any reason, the examiner is unable to hear all of the public comments on the appeal or if the hearing examiner determines that the examiner needs more information within the scope of the appeal. If, during the hearing, the hearing exam- iner announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given, (Ord. No. 90-43, § 2(145.100), 2-27-90) Sec. 22.406. Decision on appeal. (a) General. The hearing examiner shall con- sider all information and comments within the scope of the appeal submitted by persons entitled to participate in the appeal: The hearing exam- iner shall either affirm or change the findings and conclusions of the director of community de- velopment that were appealed. Based on the hearing examiner's findings and conclusions, the examiner shall either affirm, reverse or modify the decision being appealed. (b) Issuance of written -decision. Within ten working days after the public hearing, the hearing examiner shall issue a written decision on the appeal. Within two working days after it is is- sued, the hearing examiner shall distribute the decision as follows: (1) A copy will be mailed to the applicant. (2) A copy will be mailed to the person who filed the appeal. (3) A copy will be mailed to each person who participated in the appeal. (4) A copy will be mailed to each person that specifically requested it. (c) Effect. The decision by the hearing exam- iner is the final decision of the city. (Ord. No. 90-43, § 2(145.105), 2-27-90) Sec. 22-407. Judicial review. The action of the city in granting or denying an application under this article may be reviewed for illegal, corrupt or arbitrary or capricious action in 1369 § 22-407 FEDERAL WAY CITY CODE the county superior court. The petition for review must be filed within 14 calendar days after issu- ance of the final decision of the city. (Ord. No. 90-43, § 2(145.110), 2-27-90) Sec. 22.408. Lapse of approval —Generally. The applicant under this article must begin con- struction or submit to the city a complete building permit application for the development activity, use of land or other actions approved under this article within one year after the final decision on the matter, or the decision becomes void. The ap- plicant must substantially complete construction for the development activity, use of land, or other actions approved under this article and complete the applicable conditions listed in the decision within five years after the final decision of the city on the matter, or the decision becomes void. If litigation is initiated pursuant to section 22-407, the time limit of this section are automatically extended by the length of time between the com- mencement and final termination of that litiga- tion. If the development activity, use of land, or other actions approved under this article includes phased construction, the time limits of this sec- tion may be extended in the decision on the ap- plication. (Ord. No. 90-43, § 2(145.115(1)), 2-27-90) Sec. 22.409. Same —Time extension. (a) Application. Prior to the lapse of approval under section 22-408, the applicants may submit a written application in the form of a letter with supporting documentation to the department of community development requesting a one-time extension of those time limits of up to one year. (b) Criteria. The request must demonstrate that the applicant is making substantial progress on the development activity, use of land or other ac- tions approved under this article and that circum- stances beyond the applicant's control prevent compliance with the time limits of section 22-408. (c) Fee. The applicant shall include, with the letter of request, the fee as established by the city. The application will not be accepted unless it is accompanied by the required fee. (d) Review process. An application for a time extension will be reviewed and decided upon by the director of community development. (e) Appeals. Any person who is aggrieved by the granting or denying of a request for a time extension under this section may appeal that de- cision. The appellant must file a letter of appeal indicating how the decision on the time extension effects the appellant's property and presenting any relevant material or information supporting the appellant's contention. The appeal will be heard and decided upon using process II, described in section 22-431 et seq. (Ord. No. 90-43, § 2(145.115), 2-27-90) Sec. 22.410. Bonds. The city may require a bond under section 22-146 et seq. to insure compliance with any as- pect of a permit or approval. (Ord. No. 90-43, § 2(145.120), 2-27-90) Cross reference —Bond procedure and requirements, § 22.146 at, seq. Sec. 22.411. Complete compliance required. (a) Generally. Except as specified in subsection (b) of this section, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this article in order to do everything authorized by that approval. (b) Exception, subsequent modification. If a spe- cific use or site plan for the subject property was approved under this article or any quasijudicial process under a previous zoning code, the appli- cant is not required to apply for and obtain ap- proval through this article for a subsequent change in use or site plan unless: (1) There is a change in use and this chapter establishes different or more rigorous stan- dards for the new use than for the existing use; or (2) The director of community development de- termines that there will be substantial changes in the impacts on the neighbor- hood or the city as a result of the change. (Ord. No. 90-43, § 2(145.125), 2-27-90) Secs. 22-412-22.430. Reserved. 1370 ZONING ARTICLE VII. PROCESS II REVIEW* Sec. 22-431. Administration. Various places in this chapter indicate that cer- tain developments, activities or uses are permitted only if approved using process II. This article de- scribes process II. Under process II the hearing examiner will make the initial decision following a public hearing. City council will decide appeals. (Ord. No. 90-43, § 2(150.05), 2-27-90; Ord. No. 92- 133, § 3(150.05), 4-21-92) Sec. 22-432. Proposals requiring approval through process. If the development, use or activity that requires approval through process II is part of a proposal that also requires approval through process III, the entire proposal will be decided upon using pro- cess III, if the director of community development determines that this will result in more efficient decision making. (Ord. No. 90-43, § 2(150.10), 2-27-90; Ord. No. 92- 133, § 3(150.10), 4-21-92) Sec. 22-433. Applications. (a) Who may apply. Any person may, person- ally or through an agent, apply for a decision re- garding property he or she owns. (b) How to apply. The applicant shall file the following information with the department of com- munity development: (1) A completed application, with supporting affidavits, on forms provided by the depart- ment of community development. •Cross references —City council, § 2-26 et seq.; review of administrative appeals under the environment policy of the city, § 18-51; public notice requirements under the shoreline management regulations, § 18-164; shoreline variance proce- dure review requirements, § 18-166; requirements for drainage review, § 21-87; power and jurisdiction of the hearing exam- iner, § 22-84; appeals from the decision of the director of com- munity development shall be processed under process II re- view requirements, § 22-5; department of community development, § 22-101 et seq.; variances to the zoning regula- tions to be reviewed under process II requirements, § 22-196; for proposals which require approval through process I, II or III, the site plan review must meet the requirements in this section, § 22-366; appeals of modification requirements in de- velopments or uses which require approval through process II shall be appealed pursuant to the procedures of process I, § 22-1397; review of an application for a comprehensive design plan shall be pursuant to process II, § 22-1604. § 22-435 (2) Stamped envelopes with address labels ob- tained from the county, within the prior six months, containing the names and ad- dresses of the persons receiving the prop- erty tax statements for the subject property and all occupants of properties within 300 feet of each boundary of the subject prop- erty. (3) Stamped envelopes with address labels marked "resident" containing the addresses of all property on or adjacent to the subject property. (4) A copy of the county assessor's map identi- fying the properties specified in subsections (b)(2) and (b)(3) of this section. (5) A vicinity map showing the subject prop- erty and all property within 400 feet of each boundary of the subject property. (6) Any information or material that is speci- fied in the provision of this chapter that describes the applied -for decision. (7) Any additional information or material that the director of community development de- termines is reasonably necessary for a de- cision on the matter. (c) Fee. With the application, the applicant shall submit the fee established by the city. The appli- cation will not be accepted unless it is accompa- nied by the required fee. (Ord. No. 90-43, § 2(150.15), 2-27-90; Ord. No. 92- 133, § 3(150.15), 4-21-92) Sec. 22-434. Compliance with the State Envi- ronmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development shall evaluate each application and, where appli- cable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under the authority of the State Environ- mental Policy Act. (Ord. No. 90-43, § 2(150.20), 2-27-90; Ord. No. 92- 133, § 3(150.20), 4-21-92) Sec. 22-435. Official file. (a) Contents. The director of community devel- opment shall compile an official file on the appli- cation containing the following: (1) All application materials submitted by the applicant. 1371 § 22-435 (2) The staff report. FEDERAL WAY CITY" CODE (3) All written comments received on the matter. (4) The electronic recording of the public hearing on the matter. (5) The decision of the hearing examiner. (6) If the decision of the hearing examiner is appealed, the following will be included in the file: (5) The date, time and place of the public hearing. (6) A statement of the availability of the offi- cial file. (7) A statement of the right of any person to submit written comments to the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally. (8) A statement that only persons who submit a. The letter of appeal. written or oral comments to the hearing b. All written comments submitted re- examiner may appeal the hearing examin- garding the appeal. er's decision. c. The staff report on the appeal. d. The electronic sound recording and (b) Distribution. The director of community de - minutes of the hearing on the appeal. velopment shall distribute this notice at least 14 e. The decision of the city council on the calendar days before the public hearing as fol- appeal. lows: (7) Any other information relevant to the matter. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours. (Ord. No. 90-43, § 2(150.25), 2-27-90; Ord. No. 92- 133, § 3(150.25), 4-21-92) Sec. 22.436. Notice. (a) Contents. The director of community devel- opment shall prepare a notice of each application containing the following information: (1) The name of the applicant and, if appli- cable, the project name. (2) The street address of the subject property or, if this is not available, a locational de- scription in nonlegal language. Except for notice published In the of newspaper of the city, the notice must also include a vicinity map that identifies the subject prop- erty. (3) The citation of the provision of this chapter aescriomg the applied -'for aecision. (4) A brief verbal description of the requested decision. (1) A copy will be sent to the persons receiving the property tax statements for all prop= erty within 300 feet of each boundary of the subject property. (2) A copy will be sent to the resident of each piece of property on or adjacent to the sub- ject property. (3) A copy will be published in the official news- paper of the city. (4) A copy will be posted on each of the official notification boards of the city. (c) Public notification sign. The applicant shall erect at least one public notification sign which complies with standards developed by the depart- ment of community development. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct. vehicle access to the subject. prop- erty. The director of community development may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide no- tice to the public. (d) Timing for signs. The public notification sign or signs must be in place at least 14 calendar days before the public hearing and removed within 1372 ZONING seven calendar days after the final decision of the city on the matter. (Ord. No. 90-43, § 2(150.30), 2-27-90; Ord. No. 92- 133, § 3(150.30), 4-21-92) Sec. 22.437. Staff report. (a) Contents. The director of community devel- opment shall prepare a staff report containing the following information: (1) All pertinent application materials. (2) All comments regarding the matter received by the department of community develop- ment prior to distribution of the staff re- port. (3) An analysis of the application under the relevant provisions of this chapter and the comprehensive plan. (4) A statement of the facts found by the di- rector of community development and the conclusions drawn from those facts. (5) A recommendation on the matter. (b) Distribution. At least seven calendar days before the hearing, the director of community de- velopment shall distribute the staff report as fol- lows: (1) A copy will be sent to the hearing exam- iner. (2) A copy will be sent to the applicant. (3) A copy will be sent to any person who has specifically requested it. (Ord. No. 90-43, § 2(150.35), 2-27-90; Ord. No. 92- 133, § 3(150.35), 4-21-92) Sec. 22.438. Public hearing. (a) Generally. The hearing examiner shall hold a public hearing on each application. (b) Open to public. The hearings of the hearing examiner are open to the public. (Ord. No. 90-43, § 2(150.40), 2-27-90; Ord. No. 92- 133, § 3(150.40), 4-21-92) Sec. 22.439. Electronic sound recording. The hearing examiner shall make a complete electronic sound recording of each public hearing. (Ord. No. 90-43, § 2(150.45), 2-27-90; Ord. No. 92- 133, § 3(150.45), 4-21-92) Sec. 22-440. Burden of proof. § 22-443 The applicant has the responsibility of con- vincing the hearing examiner that, under the pro- vision of this article, the applicant is entitled to the requested decision. (Ord. No. 90-43, § 2(150.50), 2-27-90; Ord. No. 92- 133, § 3(150.50), 4-21-92) Sec. 22-441. Public comments and participa- tion at the hearing. Any person may participate in the public hearing in either or both of the following ways: (1) By submitting written comments to the hearing examiner, either by delivering these comments to the department of com- munity development prior to the hearing or by giving these directly to the hearing examiner at the hearing. (2) By appearing in person, or through a rep- resentative, at the hearing and making oral comments directly to the hearing exam- iner. The hearing examiner may reason- ably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 90-43, § 2(150.55), 2-27-90; Ord. No. 92- 133, § 3(150.55), 4-21-92) Sec. 22.442. Continuation of the hearing. The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear all of the public comments on the matter or if the hearing examiner determines that he or she needs more information on the matter. If, during the hearing, the hearing examiner announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (Ord. No. 90-43, § 2(150.60), 2-27-90; Ord. No. 92- 133, § 3(150.60), 4-21-92) Sec. 22-443. Hearing examiner's decision. (a) General. After considering all of the infor- mation and comments submitted on the matter, the hearing examiner shall issue a written deci- sion. 1373 § 22-443 FEDERAL WAY CITY CODE (b) Timing. Unless a longer period is agreed to by the applicant, the hearing examiner must issue the decision within ten working days after the close of the public hearing. (c) Decision criteria. The hearing examiner shall use the criteria listed in the provision of this chapter describing the requested decision in de- ciding upon the application. In addition, the hearing examiner may approve the application only if: (1) It is consistent with the comprehensive plan; (2) It is consistent with 911 applicable prnvi- Sions of this chapter; aid (3) It is consistent with the public health, safety and welfare- (d) Conditions and restrictions. The hearing ex- aminer shall include in the written decision any conditions and restrictions that the examiner de- termines are reasonably necessary to eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions that are imposed become part of the decision. (e) Contents. The hearing examiner shall in- clude the following in the examiner's written de- cision: (1) A statement granting, modifying and granting or denying the application. (2) Any conditions and restrictions that are im- posed. (3) A statement of facts presented to him or her that support the decision, including any conditions and restrictions that are imposed. (4) A statement of the hearing examiner's con- chu-sions based on those facts. (5) A statement of the criteria used by the hearing examiner in making the decision. (6) The date of issuance of the decision and a summary of the rights, as established in this article, of the applicant and others to request reconsideration and to appeal the decision of the hearing examiner. (f) Distribution of written decision. Within two working days after the hearing examiner's written decision is issued, the director of community de- velopment shall distribute the decision as follows: (1) A copy will be sent to the applicant. (2) A copy will be sent to each person who sub- mitted written or oral testimony to the hearing examiner. (3) A copy will be sent to any person who has specifically requested it. (Ord. No. 90-43, § 2(150.65), 2-27-90; Ord. No. 92- 133, § 3(150.65), 4-21-92) Sec. 22.444. Effect of the decision. The applicant may not engage in any activity based on the decision until the third working day after the time to appeal has expired. If the deci- sion is appealed or if a request for reconsideration is granted, the applicant may not engage in any activity based on the decision until the third working day after the city issues a final decision on the matter. If the decision of the hearing ex- aminer is not appealed or reconsidered, that deci- sion is the final decision of the city. (Ord. No. 90-43, § 2(150.70), 2-27-90; Ord. No. 92- 133, § 3(150.70), 4-21-92) Sec. 22-445. Request for reconsideration. (a) General. Any person who has a right to ap- peal a decision under section 22-446 may request the hearing examiner to reconsider any aspects of his or her decision by delivering a written request for reconsideration to the department of commu- nity development within seven calendar days after the date of issuance of the hearing examiner's decision. The person requesting the reconsidera- tion shall specify in the request what aspect of the decision he or she wishes to have reconsidered and the reason for the request. (b) Distribution of request. The person re- questing reconsideration shall, within the same time limits established in subsection (a) of this section, mail or personally deliver a copy of the request for reconsideration along with a notice of the deadline for responding to the request for re- ...,- a don as established in subsection (C) of this section to those persons who have a right to appeal under section 22-446. Proof of such mail or personal delivery shall be made by affidavit at- 1374 ZONING tached to the request for reconsideration deliv- ered to the department of community develop- ment. (c) Response to request. Any person receiving a copy of the request for reconsideration pursuant to subsection (b) of this section may file a written response to the request. Such response must be received by the department of community devel- opment within seven calendar days after the written request for reconsideration was filed with the department. Any person filing a response shall distribute that response and file an affidavit of distribution as established in subsection (b) of this section. (d) Decision to reconsider. Within ten days after the expiration of the reconsideration period, if a request for reconsideration has been timely filed, the hearing examiner shall notify the persons who have a right to appeal under section 22-446 whether or not the decision will be reconsidered. The hearing examiner may reconsider the deci- sion only if he or she concludes that there is sub- stantial merit in the request. (e) Effect. If the hearing examiner grants a re- quest to reconsider any aspect of the decision, the city may not process any appeals of the decision until the hearing examiner issues his or her written decision on the reconsidered aspect. (f) Process. If the hearing examiner reconsiders any aspects of the decision, the provisions of sec- tions 22-436 through 22-444 will be followed, ex- cept that the hearing examiner may limit the re- consideration by: (1) Limiting the persons who may participate in the reconsideration to those persons who have a right to appeal the decision under section 22-446. If this occurs, only such per- sons will be given notice under section 22- 436; (2) Limiting the aspect of the decision that will be reconsidered; and/or (3) Limiting the nature of the reconsideration by only receiving written comments and by not holding a new public hearing. § 22-446 Any limitations will be included in the notice given under section 22-436. (Ord. No. 90-43, § 2(150.75), 2-27-90; Ord. No. 92- 133, § 3(150.75), 4-21-92) Sec. 22-446. Appeals. (a) Who may appeal. The decision of the hearing examiner may be appealed by any person who is to receive a copy of that decision under section 22-443. (b) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to the department of community development within 14 calendar days after the issuance of the hearing examiner's decision or, if a request for reconsid- eration is filed, then within 14 calendar days of either the decision of the hearing examiner de- nying the request for reconsideration or the re- considered decision, as the case may be. The letter of appeal must contain: (1) A clear reference to the matter being ap- pealed; and (2) A statement of the specific factual findings and conclusions of the hearing examiner disputed by the person filing the appeal. (c) Fee. The person filing the appeal shall in- clude, with the letter of appeal, the fee estab- lished by the city. (1) In addition to the appeal fee, the appellant shall pay an amount sufficient to cover the cost of preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour. (2) In lieu of payment of the transcript prepa- ration costs, the appellant may choose to prepare the transcript from tapes of the hearing provided by the city, at appellant's sole cost. The prepared transcript shall be submitted to the city hearing examiner sec- retary for distribution no later than 20 days prior to the date of the hearing on appeal, and shall be accompanied by an affidavit or certification by the appellant as to the ac- curacy and completeness of the transcript. (3) The appeal will not be accepted unless it is accompanied by the required fee and appro- priate costs. 1375 § 22-446 FEDERAL WAY CITY CODE (4) The cost of the transcript shall be refunded to the appellant if the appellant substan- tially prevails on appeal. The city council shall decide whether appellant substan- tially prevailed on appeal and that decision shall be final. The transcript refund shall be limited to actual costs of transcript prep- aration as follows: a. City staff preparation. Hourly cost of preparation. b. Appellant preparation from tapes. Ac- tual costs as shown by certified receipt or other evidence sufficient to the city. (d) Request to reconsider not required. The de - Of the hearing �xa.*niner may be appealed whether or not there was a request to reconsider the hearing examiner's decision. (e) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council. (Ord. No. 90-43, § 2(150.80), 2-27-90; Ord. No. 92- 133) § 3(150.80); 4-21-92) Sec. 22.447. Notice of the appeal hearing. (a) Contents. The director of community devel- opment shall prepare a notice of the appeal con- taining the following: (1) The file number and a brief description of the matter being appealed. (2) A statement of the scope of the appeal, in- cluding a summary of the specific factual findings and conclusions disputed in the letter of appeal. (3) The date, time and place of the city council public hearing on the appeal. (4) A statement of who may participate in the appeal. (5) A statement of how to participate in the appeal. (b) Distribution. At least ten calendar days be- fore the hearing on the appeal, the director of com- munity development shall send a copy of this no- tice to each person entitled to appeal the decision under section 22-446. (Ord. No. 90-43, § 2(150.85), 2-27-90; Ord. No. 92- 133, § 3(150.85), 4-21-92) Sec. 22.448. Participation in the appeal. Only those persons entitled to appeal the deci- sion under section 22-446 may participate in. ei- ther or both of the following ways: (1) By submitting written comments to the de- partment of community development prior to the hearing or to the city council at the hearing. (2) By appearing in person, or through a rep- resentative, at the hearing and making oral comments directly to the city council. The council may reasonably limit the extent of the oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 90-43, § 2(150.90), 2-27-90; Ord. No. 92- 133, § 3, 4-21-92) Sec. 22-449. Scope of the appeal. The scope of the appeal is limited to the specific factual findings and conclusions disputed in the letter of appeal. The appeal will be considered only on the record developed in the hearing before the hearing examiner and the city council will not consider new factual information. (Ord. No. 90-43, § 2(150.95), 2-27-90; Ord. No. 92- 133, § 2, 4-21-92) Sec. 22-450. Staff report on the appeal. (a) Contents. The director of community devel- opment shall prepare documents on the appeal containing the following: (1) The staff report prepared for the public hearing before the hearing examiner. (2) The written decision of the hearing exam- iner. (3) All written comments submitted to the hearing examiner. (4) A summary of the comments and informa- tion presented to the hearing examiner, a statement of the, availability of the elec- tronic sound recording of the hearing, and a written transcript of the hearing exam- iner's proceedings. (5) The letter of appeal. 1376 ZONING (6) All written comments received by the de- partment of community development from persons entitled to participate in the ap- peal and within the scope of the appeal. (7) An arialysis of the specific factual findings and conclusions disputed in the letter of ap- peal. (b) Distribution. The director of community de- velopment shall distribute copies of the documents as follows: (1) Prior to the hearing, a copy will be sent to each member of the city council. (2) At least seven calendar days before the hearing, a copy will be sent to: a. The applicant; b. The person who filed the appeal; and c. Each person who received a copy of the hearing examiner's decision. (Ord. No. 90-43, § 2(150.100), 2-27-90; Ord. No. 92-133, § 3(150.100), 4-21-92) Sec. 22-451. Public hearing. (a) Generally. The city council shall hold a public hearing on the appeal. (b) Open to public. The hearings of the city council are open to the public. (Ord. No. 90-43, § 2(150.105), 2-27-90; Ord. No. 92-133, § 3(150.105), 4-21-92) Sec. 22-452. Electronic sound recordings. The city council shall make a complete elec- tronic sound recording of each hearing. (Ord. No. 90-43, § 2(150.110), 2-27-90; Ord. No. 92-133, § 3(150.110), 4-21-92) Sec. 22-453. Burden of proof. The person filing the appeal has the responsi- bility of convincing the city council that the hearing examiner made an incorrect decision be- cause of erroneous findings of fact or conclusions. (Ord. No. 90-43, § 2(150.115), 2-27-90; Ord. No. 92-133, § 3(150.115), 4-21-92) § 22.455 the scope of the appeal. If, during the hearing, the time and place of the next public hearing on the matter is announced and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (Ord. No. 90-43, § 2(150.120), 2-27-90; Ord, No. 92-133, § 3(150.120), 4-21-92) Sec. 22.455. Decision on the appeal. After considering all comments within the scope of the appeal submitted by persons entitled to par- ticipate in the appeal, city council shall, by mo- tion approved by a majority vote of members present, take one of the following actions: (1) If city council determines that the disputed findings of fact and conclusions are the cor- rect findings of fact and conclusions, the council shall affirm the decision. (2) If city council determines that the disputed findings of fact and conclusions are not cor- rect and that correct findings of fact and conclusions do not support the decision of the hearing examiner, the council shall modify or reverse the decision. (3) In all other cases, the council shall either direct the hearing examiner to hold a re- hearing on the matter or decide to hold a city council hearing on the matter. The mo- tion may limit the scope of the matters to be considered at this rehearing or city council hearing. The provisions of sections 22.436 through 22-446 apply to a rehearing or city council hearing under this subsec- tion, except if city council holds a hearing on the matter: a. It may either grant or deny the permit or approval only by motion approved by a majority of its total membership. This motion replaces the written deci- sion required in section 22-443. b. The decision of city council is the final decision of the city. (4) Notice of final decision: Sec. 22-454. Continuation of the hearing. a. General. Following the final decision The city council may continue the hearing if, of the city council, the director of com- for any reason, it is unable to hear all of the public munity development shall prepare a no - comments on the appeal or if the city council de- tice of the city's final decision on the termines that it needs more information within application. 1377 § 22-455 FEDERAL WAY CITY CODE b. Distribution. Within two working days after the city council's decision is made, the director of community development shall distribute the notice of the deci- sion as follows: 1. A copy will be sent to the appli- cant. 2. A copy will be sent to the person who filed the appeal. 3. A copy will be sent to any person who submitted written or oral com- ments to the city council. (5) Effect. The decision of city council is the final decision of the city. (Ord. No. 90-43, § 2(150.125), 2-27-90; Ord. No. 92-133, § 3(150.125), 4-21-92) Sec. 22.456. Judicial review. The action of the city in granting or denying an application under this article may be reviewed for illegal, corrupt or arbitrary or capricious action in the county superior court. The petition for review must be filed within 14 calendar days after the final decision of the city. (Ord. No. 90-43, § 2(150.130), 2-27-90; Ord. No. 92-133, § 3(150.130), 4-21-92) Sec. 22.457. Lapse of approval —Generally, The applicant must begin construction or submit to the city a complete building permit application for the development activity, use of land or other actions approved under this anti cl e within i n on e year after the final decision on the matter, or the de- cision becomes void. The applicant must substan- tially complete construction for the development activity, use of land, or other actions approved under this article and complete the applicable con- ditions listed in the decision within_ five years after the final decision of the city on the matter, or the decision becomes void. If litigation is initiated pur- suant to section 22456, the LiiT'ie limit of this sec- tion are automatically extended by the length of time between the commencement and final termi- nation of that litigation. If the development ac- tivity, use of land, or other actions approved under this article includes phased construction, the time limits of this section may be extended in the de- cision on the application. (Ord. No. 90-43, § 2(150.135(1)), 2-27-90; Ord. No. 92-133, § 3(150.135(1)), 4-21-92) Sec. 22.458. Same —Time extension. (a) Application. Prior to the lapse of approval under section 22-457, the applicants may submit a written application in the form of a letter with supporting documentation to the department of community development requesting a one-time ex- tension of those time limits of up to one year. (h) Criteria. The request must demonstrate that the applicant is making substantial progress on the development activity, use of land or other ac- tions approved under this article and that circum- stances beyond the applicant's control prevent compliance with the time limits of section 22-457. ' Fee. The applicant shall include, withthe letter of request, the fee as established by the city. The application will not be accepted unless it is accompanied by the required fee. (d) Review process. An application for a time extension will be reviewed and decided upon by the director of community development. (e) Appeals. Any person who is aggrieved by the granting or denying of a request for a time extension under this section may appeal that de- cision. The appellant must file a letter of appeal indicating how the decision on the time extension effects the appellant's property and presenting any relevant material or information supporting the appellant's contention. The appeal will be heard and decided upon using process II, described in this article. (Ord. No. 90-43, § 2(150.135(2)), 2-27-90; Ord. No. 92-133, § 3(150.135(2)), 4-21-92) Sec. 22.459. Bonds. The hearing examiner and city council may re- quire a bond under section 22-146 to insure com- pliance with any aspect of a permit or approval. (Ord, No. 90-43, § 2(150,140), 2-27-90; Ord, Nn, 92-133, § 3(150.140), 4-21-92) Cross reference —Bond procedure, § 22-146 et seq. Sec. 22.460. Complete compliance required. (a) Generally. Except as specified in subsection (b) of this section, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this article in order to do everything authorized by that approval. 1378 ZONING (b) Exception; subsequent modification. If a spe- cific use or site plan for the subject property was approved under this article or any quasijudicial process under a previous zoning code, the appli- cant is not required to apply for and obtain ap- proval through this article for a subsequent change in use or site plan unless: (1) There is a change in use and this chapter establishes different or more rigorous stan- dards for the new use than for the existing use; or (2) The director of community development de- termines that there will be substantial changes in the impacts on the neighbor- hood or the city as a result of the change. (Ord. No. 90-43, § 2(150.145), 2-27-90); Ord. No. 92-133, § 3(150.145), 4-21-92) Secs. 22-461-22.475. Reserved. ARTICLE VM. PROCESS III REVIEW* Sec. 22-476. Administration. Various places in this chapter indicate that cer- tain developments, activities or uses are permitted only if approved using process III. This article de- scribes process III. Under process III, the hearing examiner will hold a public hearing and then make a recommendation to city council, which will then decide upon the application. (Ord. No. 90.43, § 2(155.05), 2-27-90) *Cross references=City council, § 2-26 et seq.; hearing examiner, § 2.81 et seq,; review requirements for conditional uses under the shoreline management regulations, § 18-167; application for binding site plan review under process III, § 20-62; review procedure for preliminary plats report to hearing examiner, § 20.112; requirements for drainage review, § 21-87; power and jurisdiction of the hearing examiner, § 22-84; for proposals which require approval through process I, II or III, the site plan review must meet the requirements in this sec- tion, § 22.366; appeals from the decisions under process II to be reviewed under process III requirements, § 22.496; quasi- judicial rezoning of certain districts to be under the process III review requirements, § 22-296; proposal to relocgte a stream must be reviewed pursuant to the process III review proce- dure, § 22-1307; appeals of modification requirements in de- velopments or uses which require approval through process III shall be appealed pursuant to the procedures of process I, § 22-1397. Sec. 22-477. Applications. § 22.478 (a) Who may apply. Any person may, person- ally or through an agent, apply for a decision re- garding property he or she owns. (b) How to apply. The applicant shall file the following information with the department of com- munity development: (1) A completed application, with supporting affidavits, on forms provided by the depart- ment of community development. (2) Stamped envelope labeled with the name and address of all current owners of real property as shown in the records of the county assessor for the subject property and all occupants of properties within 300 feet of each boundary of the subject property. (3) Stamped envelope with address labels marked "resident" containing the addresses of all property on or adjacent to the subject property. (4) A copy of the county assessor's map identi- fying the properties specified in subsections (b)(2) and (b)(3) of this section. (5) A vicinity map showing the subject prop- erty and all property within 400 feet of each boundary of the subject property. (6) Any information or material that is speci- fied in the provision of this chapter that describes the applied -for decision. (7) Any additional information or material that the director of community development de- termines is reasonably necessary for a de- cision on the matter. (c) Fee. With the application, the applicant shall submit the fee established by the city. The appli- cation will not be accepted unless it is accompa- nied by the required fee. (Ord. No. 90-43, § 2(155.10), 2-27-90) Sec. 22-478. Compliance with State Environ- mental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development shall evaluate each application and, where appli- 1379 § 22478 FEDERAL WAY CITY CODE cable, comply with the State Environmental Policy of the city, the notice must also include a Act and with state regulations and city ordinances vicinity map that identifies the subject prop - issued under the authority of the State Environ- erty. mental Policy Act. (3) The citation of the provision of this chapter (Ord. No. 90-43, § 2(155.15), 2-27-90) describing the applied -for decision. Sec. 22.479. Official file. (a) Contents. The director of community devel- opment shall compile an official file on the appli- cation containing the following. (1) All application materials submitted by the applicant. (2) The staff report. (3) All written comments received on the matter. (4) A brief verbal description of the requested decision. (5) The date, time and place of the public hearing. (6) A statement of the availability of the offi- cial file. (7) A statement of the right of any person to submit written comments to the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally. (4) The electronic recording of the public hearing on the matter. (8) A statement that only persons who submit written or oral comments to the hearing (5) The recommendation of the hearing exam- examiner may challenge the recommenda- iner. tion of the hearing examiner. (6) The electronic sound recording and min- (b) Distribution. The director of community de- utes of the city council proceedings on the velopment shall distribute this notice at least 14 matter. calendar days before the public hearing as fol- lows: (7) The decision of city council. (8) Any other information relevant to the matter. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours. (Ord. No. 90-43, § 2(155.20), 2-27-90) Sec. 22.480. Notice. (a) Contents. The director of community devel- opment shall prepare a notice of each application containing the following information: (1) The name of the applicant and, if appli- cable, the project name. (2) The street address of the subject property or, if this is not available, a locational de- scription in nonlegal language. Except for notice published in the official newspaper (1) A copy will be sent to the persons receiving the property tax statements for all prop- erty within 300 feet of each boundary of the subject property. (2) A copy will be sent to the resident of each piece of property on or adjacent to the sub- ject property. (3) A copy will be published in the official news- paper of the city. (4) A copy will be posted on each of the official notification boards of the city. (c) Public notification sign. The applicant shall erect at least one public notification sign which complies with standards developed by the depart- ment of community development. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject prop- erty. The director of community development may require the placement of additional public notice 6 1380 ZONING signs on or near the subject property if he or she determines that this is appropriate to provide no- tice to the public. (d) Timing. The public notification sign or signs must be in place at least ten calendar days before the public hearing and removed within seven cal- endar days after the final decision of the city on the matter. (Ord. No. 90-43, § 2(155.25), 2-27-90) Sec. 22.481. Staff report. (a) Contents. The director of community devel- opment shall prepare a staff report containing the following information: (1) All pertinent application materials. (2) All comments regarding the matter received by the department of community develop- ment prior to distribution of the staff re- port. (3) An analysis of the application under the relevant provisions of this chapter and the comprehensive plan. (4) A statement of the facts found by the di- rector of community development and the conclusions drawn from those facts. (5) A recommendation on the matter. (b) Distribution. At least seven calendar days before the hearing, the director of community de- velopment shall distribute the staff report as fol- lows: (1) A copy will be sent to the hearing exam- iner. (2) A copy will be sent to the applicant. (3) A copy .will be sent to each person who has specifically requested it. (Ord. No. 90-43, § 2(155.30), 2-27-90) Sec. 22.482. Public hearing. (a) ' General. The hearing examiner shall hold a public hearing on each application. (b) Open to public. The hearings of the hearing examiner are open to the public. § 22-486 (c) Effect. The hearing of the hearing examiner is the hearing for city council on the application. The city council need not hold another hearing on the application. (Ord. No. 90-43, § 2(155.35), 2-27-90) Sec. 22-483. Electronic sound recording. The hearing examiner shall make a complete electronic sound recording of each public hearing. (Ord. No. 90-43, § 2(155.40), 2-27-90) Sec. 22-484. Burden of proof. The applicant has the responsibility of con- vincing the city that, under the provision of this article, the applicant is entitled to the requested decision. (Ord. No. 90-43, § 2(155.45), 2-27-90) Sec. 22-485. Public comments and participa- tion at the hearing. Any person may participate in the public hearing in either or both of the following ways: (1) By submitting written comments to the hearing examiner, either by delivering these comments to the department of com- munity development prior to the hearing or by giving these directly to the hearing examiner at the hearing. (2) By appearing in person, or through a rep- resentative, at the hearing and making oral comments directly to the hearing exam- iner. The hearing examiner may reason- ably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 90-43, § 2(155.50), 2-27-90) Sec. 22-486. Continuation of the hearing. The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear all of the public comments on the matter or if the hearing examiner determines that he or she needs more information on the matter. If, during the hearing, the hearing examiner announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing 1381 § 22-486 FEDERAL WAY CITY CODE room, no further notice of that hearing need be sued, a copy will be sent to the applicant, to given. each person who submitted written or oral (Ord. No. 90-43, § 2(155.55), 2-27-90) testimony to the hearing examiner and to each person who specifically requested it. Sec. 22.487. Recommendation by the hearing examiner. (a) Generally. After considering all of the infor- mation and comments submitted on the matter, the hearing examiner shall issue a written rec- ommendation to the city council. (b) Timing. Unless a longer period is agreed to by the applicant, the hearing examiner must issue the recommendation within ten working days after the close of the public hearing. (c) Decisional criteria. The hearing examiner shall use the criteria listed in section 22-490(d). (d) Conditions and restrictions. The hearing ex- aminer shall include in the written recommenda- tion any conditions and restrictions that the ex- aminer determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the application. (e) Contents. The hearing examiner shall in- clude the following in the written recommenda- tion to city council: (1) A statement of facts presented to the hearing examiner that supports his or her recommendation, including any conditions and restrictions that are recommended. (2) A statement of the hearing examiner's con- clusions based on those facts. (3) A statement of the criteria used by the hearing examiner in making the recommen- dation. (4) The date of issuance of the recommenda- tion and summary of the rights, as estab- lished in this article, of the applicant and others to request reconsideration and to challenge the recommendation of the hearing examiner. M Distribution of written recommendation. The director of community development shall dis- tribute copies of the recommendation of the hearing examiner as follows: (1) Within two working days after the hearing examiner's written recommendation is is- (2) Prior to the meeting where city council con- siders the application, a copy will be sent to each member of city council. The director of community development shall include the following material with the copy"of the rec- ommendation sent to each city council member: a. A draft resolution or ordinance that em- bodies the hearing examiner's recom- mendation. b. Any challenge to the hearing examin- er's recommendation filed under sec- tion 22-489 and received by the depart- ment of community development before the hearing examiner's recommenda- tion is sent to the members of city council. (Ord. No. 90-43, § 2(155.60), 2-27-90) Sec. 22.488. Request for reconsideration. (a) General. Any person who has a right to chal- lenge the recommendation of the hearing exam- iner under section 22-489 may request the hearing examiner to reconsider any aspects of the exam- iner's recommendation by delivering a written re- quest for reconsideration to the department of com- munity development within seven calendar days after the date of issuance of the hearing examin- er's written recommendation. The person re- questing the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered and the reason for the request. (b) Distribution of request. The person re- questing reconsideration shall, within the same time limits established in subsection (a) of this section, mail or personally deliver a copy of the request for reconsideration along with a notice of the deadline for responding to the request for re- consideration as established in subsection (c) of this section to those persons who have a right to challenge under section 22-489. Proof of such mail or personal delivery shall be made by affidavit attached to the request for reconsideration deliv- 1382 ZONING ered to the department of community develop- ment. (c) Response to request. Any person receiving a copy of the request for reconsideration pursuant to subsection (b) of this section may file a written response to the request. Such response must be received by the department of community devel- opment within seven calendar days after the written request for reconsideration was filed with the department of community development. Any person filing a response shall distribute that re- sponse and file an affidavit of distribution as es- tablished in subdivision (b) of this section. (d) Decision to reconsider. Within ten working days after receiving a request for reconsideration; the hearing examiner shall notify the persons who have a right to challenge under section 22-489 whether or not the decision will be reconsidered. The hearing examiner may reconsider the deci- sion only if he or she concludes that there is sub- stantial merit in the request. (e) Effect. If the hearing examiner grants a re- quest to reconsider any aspect of the recommen- dation, the application will not be taken to city council until the hearing examiner has issued his or her decision on the reconsideration. (f) Process. If the hearing examiner reconsiders any aspects of the decision, the provisions of sec- tions 22-480 through 22-487 will be followed, ex- cept that the hearing examiner may limit the re- consideration by: (1) Limiting the persons who may participate in the reconsideration to those persons who have a right to challenge the recommenda- tion under section 22-489. If this occurs, only such persons will be given notice under sec- tion 22-480; (2) Limiting the aspect of the decision that will be reconsidered; and (3) Limiting the nature of the reconsideration by only receiving written comments and by not holding a new public hearing. Any limitations will be included in the notice given under section 22-480. (Ord. No. 90-43, § 2(155.65), 2-27-90) § 22.489 Sec. 22-489. Challenge to examiner's recom- mendation. (a) Who may challenge. The recommendation of the hearing examiner may be challenged by any person who is to receive a copy of that recommen- dation under section 22-487(f)(1). (b) How and when to challenge. The challenge, in the form of a letter of challenge, must be deliv- ered to the department of community develop- ment within 14 calendar days after the issuance of the hearing examiner's recommendation or, if a request for reconsideration is filed, then within 14 calendar days after either the decision of the hearing examiner denying the request for recon- sideration or the reconsidered recommendation, as the case may be. The letter of challenge must contain: (1) A clear reference to the matter being chal- lenged; and (2) A statement of the specific factual findings and conclusions of the hearing examiner disputed by the person filing the challenge. The challenge will be considered only on the record developed in the hearing before the hearing examiner and the city council will not consider new factual information. (c) Fee. The person filing the challenge shall include, with the letter of challenge, the fee es- tablished by the city. The appeal will not be ac- cepted unless it is accompanied by the required - fee. (d) Distribution of challenge. The person chal- lenging the recommendation shall, within the same time limits established in subsection (b) of this section, mail or personally deliver a copy of the challenge and a notice of the deadline to re- sponding to the challenge as established in sub- section (e) of this section to those persons who have right to file a challenge under subsection (a) of this section. Proof of such mail or personal de- livery shall be made by affidavit attached to the challenge delivered to the department of commu- nity development. (e) Response to challenge. Any person receiving a copy of the challenge pursuant to subsection (d) of this section may file a written response to the 1383 § 22.489 FEDERAL WAY CITY CODE challenge. Such response must be received by the department of community development within five working days after the written challenge was filed with the department. Any person filing a response shall distribute that response and file an affidavit of distribution as established in subsection (d) of this section. W Request to reconsider not required. The rec- ommendation of the hearing examiner may be challenged whether or not there was a request to reconsider the hearing examiner's recommenda- tion. (Ord. No. 90-43, § 2(155.70), 2-27-90) Sec. 22.490. City council action. (a) Generally. The city council shall consider the application at a scheduled meeting within 90 cal- endar days of the date of issuance of the hearing examiner's recommendation. This time period may be extended upon written agreement of the di- rector of community development and the appli- cant. (b) Supplemental distribution. The director of community development shall promptly send to each city council member any challenges filed in a timely fashion under section 22-487 and any other relevant information not previously distrib- uted to council members. (c) City council decision. After consideration of the entire matter on the record before the hearing examiner, the city council shall, by action ap- proved by a majority of the total membership, take one of the following actions: (1) Adopt an ordinance or resolution to either: a. Grant the application; b. Modify and grant the application; or c. Deny the application. (2) If the city council concludes that signifi= cant issues have been raised in a challenge or if it is unsatisfied with the hearing ex- aminer's recommendation for any other reason, it may by motion either direct the hearing examiner to hold a rehearing on the matter or decide to hold a city council hearing on the matter. The motion may limit the scope of the issues to be consid- ered at this rehearing or city council hearing. (d) Decisional criteria. The city council shall use the criteria listed in the provision of this chapter describing the requested decision in deciding upon the application. In addition, the city council may approve the application only if: (1) It is consistent with the comprehensive plan; (2) It is consistent with all applicable provi- sions of the chapter, including those adopted by reference from the comprehensive plan; and (3) It is consistent with the public health, safety and welfare. (e) Condition and restriction. The city council shall include in the ordinance or resolution granting the application any conditions and re- strictions it determines are necessary to elimi- nate or minimize any undesirable effects of granting the application. Any conditions and re- strictions that are imposed become part of the de- cision. (f) Findings of fact and conclusion. The city council shall include in the ordinance or resolu- tion: (1) A statement of the facts that support the decision, including any conditions and re• strictions that are imposed; and (2) The city council's conclusions based on those facts. (g) Effect. The decision of city council is the final decision of the city. (Ord. No. 90-43, § 2(155.75), 2-27-90) Sec. 22-491. Procedures for rehearing and city council hearing. (a) Rehearing. If the hearing examiner holds a rehearing on the matter, the provisions of sec- tions 22-480 through 22-487 will be followed ex- cept that the city council may limit the matters to be considered at the hearing examiner's rehearing. Any limitation will be stated in the notice of the hearing under section 22-480. 1384 ZONING (b) City council hearing. If city council holds a hearing on the matter, the provisions of sections 22-480 through 22-487 will be followed except: (1) City council may limit the matters to be considered at the city council hearing. If this occurs, this limitation will be stated in the notice of the hearing under section 22- 480; (2) Under section 22-487, city council shall issue a decision rather than a recommen- dation. This decision is the final decision of the city. (Ord. No. 90-43, § 2(155.80), 2-27-90) Sec. 22.492. Notice of final decision. (a) General. Following the final decision by the city council, the director of community develop- ment shall prepare a notice of the city's final de- cision on the application. (b) Distribution. Within two working days after the city council's decision is made, the director of community development shall distribute a copy of the notice of the final decision as follows: (1) A copy will be sent to the applicant. (2) A copy will be sent to any person who sub- mitted written or oral comments to the hearing examiner. (3) A copy will be sent to each person who has specifically requested it. (Ord. No. 90-43, § 2(155.85), 2-27-90) Sec. 22-493. Effect of decision. The applicant may not engage in any activity based on the decision until the third working day after the notice of the final decision is distributed under section 22-492. (Ord. No. 90-43, § 2(155.90), 2-27-90) Sec. 22.494. Judicial review. The action of the city in granting or denying an application under this article may be reviewed for illegal, corrupt or arbitrary or capricious action in the county superior court. The petition for review § 22.496 must be filed within 14 calendar days after the final decision of the city. (Ord. No. 90-43, § 2(155.95), 2-27-90) Sec. 22.495. Lapse of approval. The applicant must begin construction or submit to the city a complete building permit application for the development activity, use of land or other actions approved under this article within one year after the final decision on the matter, or the de- cision becomes void. For an approved PUD, the applicant must submit a .complete final site plan review application within one year after the final decision approving the PUD or the PUD becomes void. The applicant must substantially complete construction for the development activity, use of land, or other actions. approved under this article and complete the applicable conditions listed in the decision within five years after the final deci- sion of the city on the matter, or the decision be- comes void. If litigation is initiated pursuant to this article, the time limit of this section are automatically extended by the length of time be- tween the commencement and final termination of that litigation. If the development activity, use of land, or other action approved under this ar- ticle includes phased construction, the time limits of this subsection may be extended in the decision on the application. (Ord. No. 90-43, § 2(155.100(1)), 2-27-90) Sec. 22.496. Time extension. (a) Application. Prior to the lapse of approval under section 22-495, the applicants may submit a written application in the form of a letter with supporting documentation to the department of community development requesting a one-time extension of those time limits of up to one year. (b) Criteria. The request must demonstrate that the applicant is making substantial progress on the development activity, use of land or other ac- tions approved under this article and that circum- stances beyond the applicant's control prevent compliance with the time limits of section 22-495. (c) Fee. The applicant shall include, with the letter of request, the fee as established by the city. The application will not be accepted unless it is accompanied by the required fee. 1385 § 22-496 FEDERAL WAY CITY CODE (d) Review process. An application for a time Secs. 22.499-22.515. Reserved. extension will be reviewed and decided upon by the director of community development. ARTICLE IX. PROCESS IV REVIEW'" (e) Appeals. Any person who is aggrieved by the granting or denying of a request for a time extension under this section may appeal that de- cision. The appellant must file a letter of appeal indicating how the decision on the time extension effects the appellant's property and presenting any relevant material or information supporting the appellant's contention. The appeal will be heard and decided upon using process II, described in section 22-476 et seq. (Ord. No. 90-43, § 2(155.100), 2-27-90) Cross reference —Process II review procedures, § 22-476 et seq. Sec. 22-497. Bonds. The city may require a bond under section 22-146 et seq. to ensure compliance with any as- pect of the permit or approval. (Ord. No. 90-43, § 2(155.105), 2-27-90) Cross reference —Bond requirements, § 22-146 et seq. Sec. 22-498. Complete compliance required. (a) General. Except as specified in subsection (b) of this section, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this article in order to do everything authorized by that approval. (b) Exception, subsequent modification. If a spe- cific use or site plan for the subject property was approved under this article or any quasijudicial process under a previous zoning code, the appli- cant is not required to apply for and obtain ap- proval through this article for a subsequent change in a use or site plan unless: (1) There is a change in use and this chapter establishes different or more rigorous stan- dards for the new use than for the existing use; or (2) The director of community development de- termines that there will be substantial changes in the impacts on the neighbor- hood or the city as a result of the change. (Ord. No. 90-43, § 2(155.110), 2-27-90) Sec. 22-516. Purpose. Various places in this chapter indicate that cer- tain proposals to amend the zoning map, this chapter and the comprehensive plan must be re- viewed and decided upon using process IV. This article describes process IV. (Ord. No. 90-43, § 2(160.05), 2-27.90; Ord. No. 91- 112, § 1(160.05), 12-3-91) Sec. 22.517. Initiation of proposals. A proposal that will be reviewed using this ar- ticle may be initiated by the city council, council committee or planning commission. (Ord. No. 90-43, § 2(160.10), 2-27-90; Ord. No. 91- 112, § 1(160.10), 12-3-91) Cross references —City council, § 2-26 et seq.; planning commission, § 22-56 et seq. Sec. 22-518. Compliance with State Environ- mental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development shall evaluate each proposal and, where appli- cable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 90-43, § 2(160.15); 2-27-90; Ord. No. 91- 112, § 1(160.15), 12-3-91) Sec. 22.519. City council review. The city council, at its sole option, may deter- mine the priority ranking of all amendments ini- tiated pursuant to this article. 'The city council may request that the department of community *Cross references —Requirements for drainage review, § 21-87; power and jurisdiction of the planning commission, § 22.59; amendments to the zoning regulations to be processed under the process IV procedure, § 22.216; amendments to the comprehensive plan to be processed through process IV review procedures, § 22-236; comprehensive plan, § 22.236 et seq.; legislative rezoning, § 22-276 et seq.; amendments, § 22-216 et seq.; legislative rezoning of certain districts to be under pro- cess IV review, § 22-276. 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P4 P5 � dd 11 U)Q urIlQ [ti SHOWS ONIWVd aHUlnOax v1 ATIOOH.LVO NOIS U o W e ^ JW LLLMVVV 04 AIIODH.LVO HdVOSQNV'l •� 1W Yam+ a0 N Hxn.L�nx.Ls AOIHOIHH HOV2I3AOO .LO'l X a q a 47 N YVHlI O � (4sea) HaIS INOM f�+ HZI S .LO'l SSHOO-dJ MHIAHlI q aHalnoau SNOUV'Mog,d aP. q o9aw N .+ ma>sx tW/1 aaaw:° • Supp. No. 3 1457 § 22-705 if CJ VJ W F-4 A c !^mac W MO W W z O rA G O W U N CO) fA O b co y O co bb 0 N rT0 W ,C N 0 N z y a 'O O 0 O a N Q F, O a N ,C FEDERAL WAY CODE �• 4 P'vi :: F. L q Y q g C1 c w V yy 7 W ya%vv n Ea zSu"a`�o ,a M F� ZZ -zu6-=,Z3 na �' pu'9- u d G a`o My5My5My5((( 'a a A 9 9O �~{,a RA! C��4" 4V aYYl u }�yT•�' .� B u T�� p V ti O"� w A �. vi �D C^J qOn Y 4qp Z5- qY�.v 9 G' nW}i �j qO O uSS a {'�• k pp UuU Ef F tS "vTS Rw c � xA f! � n 0 013 $f]w� $p u vvu�u a re ,Y n. A, 4faJ q q� N �v �� Ii h �•4���CA n G �ea� S� x s $•n"�� �c p �v� a �.� a T4p4rT aj �����5-�tlpbu�pu7' �acAna�y � d6��w_ uvArl q y 5b� 4 O �� q Q_+R 1. 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Yzv $ a N uvau u a 93 p Qaa (gaea) g01S y pQ� a u � u v 3a g z SSHJOUd MHIAH-a amrioau zn�ax Q- a a O. J § 22-704 V V r IOU i wwwww J M O� O n' v GQ r;A �i cOa O ry M O� O H O NN I q D tn N 01 33 c0� en - cc), .r 0i O � I� Supp. No. 3 1455 ZONING § 22-826 0 W Y u A D G i4 T~ AY ;a N 0 D A D O4 .,gyp tl N a �y� �Rqe ba bD El $ y q— K A Luz A A �+ g6 b ud. bD N •,�• lV O w g n a� � C� 'v- A w L' �„ R Ly`Nn �y � Y u fn V F-1 � � u p �. Y n �^` w R tl R « O � G Y V Q� •:y '� fd O Q� � n w ng 4 nw a Y �Z Y Xnv�N H W c1 T 4 « g V 00 D Y d^ N� •� V L+ Vi 2 •Q � c Ati qp, �Z4k�$� '� w �� � i SNN`]��V Or u H A a•R G V aDp 4 �iwyZ dy 7.• qnq„qa -Q. a-M di � Ogwxa.C',+•p Ci u g v '° w r'b.+ >' p d,n ie o v ?. apegm K+ N D-$_aec' '1 3>,� �r'y.a n. ya u vYvpmVu m P. �O Y # q w A Y i7 P A T{� y G K Q . u A p A p R V A p 93�. 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Qd4 Y q b •g a • y ¢q q�on � � AggVV 4 na IC4 U � R y (ytlrypqj v A90C15 qp V y o pAA ay^q boa. Y cp V (] a„R "A Y y u %pn'q.a9g0 IIAw. �Y.AW3a, V yVl it n R. vmy mu4p,q A{A4� xxV //Yyy .'3R�,.yaw qAAY uAQ� �wVyy FHa t 6 Vhtoo YF�bFv ]�aF4 aVA Op 9.+ F El 9 vo H SaovdS ONIXHVd a aaulnoau j� F+i Aao�ayv� z U W NOIS z 0 AdOOHIVJ LLMVV PG adVOSQNV'I W a Hun.Ionx.Is d0 ,IHOIHH BOVaHA00 101 a A H avail 2 a a Y� w 0380) Buis P4 o � D F INOad N BZIS IO'l W� GG SUOOad MHIAHa FA amnoaa swuwin'Jax ,Q W ,'Ut V ' AtlA ..yyyu U V Y Dvvvv wWWLi.w z w O Stipp. No. 3 1578.3 ZONING Sec. 22-1071. Domestic animals. Section 22-981 et seq. regarding animals in res- idential zones shall be the regulations for keeping animals in residential zones permitting home oc- cupations. (Ord. No. 90-43, § 2(115.65(4)), 2-27-90) Cross references —Animals, ch. 4; district regulations re- garding animals, § 22-981 et seq. Secs. 22-1072-22-1090. Reserved DIVISION 7. LAND MODIFICATIONS* Sec. 22-1091. General provisions. (a) General. The applicant shall comply with this section with respect to all land surface mod- ifications. (b) Nature of fill materials. All materials used as fill must be nondissolving and nondecompos- ing. Fill materials must not contain organic or inorganic material that would be detrimental to water quality or existing habitat or create any other significant adverse impacts to the environ- ment. (Ord. No. 90-43, § 2(115.75(i), (2)), 2-27-90; Ord. No. 90-77, § 3(115.75(1), (2)), 12-11-90) Sec. 22-1092. Bonds. The city may require the following bonds for any land surface modification approved by or under this division: (1) A performance bond to guarantee that the land surface modification will conform to city standards and requirements. 'Cross references —Buildings and building regulations, ch. 5; environmental protection, ch. 18; planning and develop- ment, ch. 19; subdivisions, ch. 20; drainage program, § 21-26 et seq.; requirements for drainage review, § 21-87; site plan review, § '22-361 et seq.; environmentally sensitive areas; § 22-1221 et seq.; rt-gulations regarding slopes, § 22-1286; reg- ulations regarding; land surface modification improvements or landscaping around streams or other waterways, § 22-1306 et seq.; improvements, § 22-1471 et seq.; landscaping, § 22.1561 et seq. 1587 § 22-1093 (2) A maintenance bond for the stability of the work and the preservation of vegetation. (Ord. No. 90-43, § 2(115.75(5)), 2-27-90; Ord. No. 90-77, § 3(115.75(5)), 12-11-90) Cross reference —Bond requirements. § 22-146 et seq. Sec. 22-1093. Permitted outright. A land surface modification is permitted only if it: (1) Has been approved as part of a valid devel- opment permit (except grading permits is- sued under chapter 70 of the city's building code), subdivision, or substantial develop- ment permit; (2) Is for cemetery graves; (3) Is in a right-of-way and authorized in writing by the director of the department of public works; (4) Is for mining, quarrying, excavating, pro- cessing, stockpiling of rock, sand, gravel, aggregate or clay where a permit has been issued by the state department of natural resources; (5) Is for exploratory excavations under the di- rection of a professional engineer licensed in the state, provided that the extent of the land surface modification does not exceed the minimum necessary to obtain the de- sired information; (6) Is for normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way; (7) Is for excavations for utility service connec- tions to serve existing and/or new struc- tures and is outside any area that is within the jurisdiction of section 22-1221 et seq.; (8) Is for actions which must be undertaken immediately, or within a time too short to allow for compliance with the permit re- quirements of section 22-1094, to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an immi- § 22.1093 FEDERAL WAY CITY CODE nent threat of serious environmental deg- radation. This determination will be made by the director of community development; (9) Is for the removal of overhanging vegeta- tion and fire hazards or for removal of black- berry vines or dead, dangerous or diseased trees when authorized by the building offi- cial; (10) Is for placement of fill on land owned or controlled by the city; (11) Is an integral part of an ongoing agricul- tural or horticultural use on the subject property; (12) Is conducted on property which contains a detached dwelling unit and which, because of the size of the property or the location of the dwelling unit, cannot be further subdi- vided or divided; or (13) Complies with all of the following criteria: a. The subject property contains a perma- nent building or an active use. b. The land surface modification will not change the points where the storm - water or groundwater enters -or exits the subject property; and will not change the quality, quantity, or ve- locity of stormwater or groundwater. c. The land surface modification is out- side any areathat is within the juris- diction of section 22-1221 et seq. d. In any one-year period, not more than 100 cubic yards of fill material is de- posited on, excavated and removed from or moved from place to place on the subject property. If the subject prop- erty is larger than one acre, the limit is 100 cubic yards within each acre. e. No trees defined as significant trees will be removed and no vegetation will be removed if that vegetation was re- quired to be retained by or through any development permit issued under this chapter or any prior zoning code. f. If the subject property is two acres or larger and has 20 percent or more of its area covered with native vegetation, the land surface modification will not remove more than 20 percent of that native vegetation. The limitations of this subsection apply to all land sur- face modification on the subject prop- erty over time. g. The land surface modification will not result in more than a two -foot increase or one -foot decrease in the average el- evation of the subject property, com- puted using the elevation of the mid- point of each property line. (Ord. No. 90-43, § 2(115.75(3)), 2-27-90; Ord. No. 90-77, § 3(115.75(3)), 12-11-90) Cross references —Surface water design manual, § 21-28; building standards, § 5.66. Sec. 22-1094. Discretionary approval. (a) Generally. A land surface modification that A oes not meet the requirements of section 22-1093 may be approved through process I. (b) Required information. In addition to the ap- plication material required in process I, section 22-386 et seq., the applicant must submit the fol- lowing: (1) A recent survey of the subject property (2) A map showing the limits of the proposed land surface modification; the location of utilities, easements, right-of-way improve- ments and any area regulated under sec- tion 22-1221 et seq. that is on or within 400 feet of any area to be disturbed by the pro- posed land surface modification. (3) A tree retention plan (4) An erosion control/construction phase stormwater control plan. (5) A soils report which contains sufficient in- formation to determine the potential im- pacts of the proposed land surface modifi- cation, as well as proposed measures to reduce or eliminate these impacts, all as determined by the city. (c): Decisional criteria. The city may approve the proposed land surface modification if it complies with the following criteria: (1) Except as allowed under this chapter, it will not alter or adversely affect streams, lakes, wetlands or significant trees, either on or off the subject property. 1588 ZONING (2) It will not violate any express policy of the city. (3) It meets at least one of the following cri- teria: a. It is necessary to correct an erosion or drainage problem on an undeveloped site. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to permit land surface modification in advance of the issuance of a development permit, subdivision or short subdivi- sion approval or shoreline substantial development permit. (Ord. No. 90-43, § 2(115.75(4)), 2=27-90; Ord. No. 90-77, § 3(115.75(4)), 12-11-90) Sec. 22-1095. Tree and plant restoration. If, during the land surface modification, any tree required to be retained or planted is damaged or destroyed, the applicant shall plant a tree of the same species at least five inches in diameter, as measured six inches about the top of the root ball if deciduous and at least 17 feet high if coniferous, in the immediate vicinity of the damaged or de- stroyed tree. The city may require the applicant to remove the damaged or destroyed tree. In ad- dition, if the land surface modification destroys ground cover or shrubbery, the applicant shall hy- droseed the bare soil and plant shrubs at least 24 inches in height in the immediate vicinity of the damaged or destroyed vegetation. tOrd. No. 90-43, § 2(115.75(5)), 2-27-90; Ord. No. 90-77, § 3(115.75(5)), 12-11-90) . Secs. 22-1096-22.1110. Reserved. DIVISION 8. OUTDOOR ACTIVITIES AND STORAGE* Sec. 22-1111. Application of division. This division establishes regulations applicable to outdoor use, storage and activity. (Ord. No. 90-43, § 2(115.105(1)), 2-27-901 *Cross reference —This nonconformance must he imrrje i- ately brought into conformance with the applicable provisions of the zoning regulations, § 22-330. 1589 Sec. 22.1112. Residential uses. § 22-1113 Outdoor uses, storage and activities normally associated with a residential use are permitted, unless otherwise regulated or prohibited by this chapter. (Ord. No. 90-43, § 2(115.105(2):. 2-27-90) Sec. 22.1113. Commercial and industrial uses. (a) Generally. Subject to the requirements of subsections (b) through (g) of this section, the uses and activities that are permitted on a site under this chapter may be conducted out of doors unless otherwise regulated or prohibited by this chapter. (b) Site plan. The applicant shall submit, for approval to the department of community devel- opment, a site plan drawn to scale showing and describing the following items: (1) Locations and dimensions of all structures and fences on the subject property. (2) Locations and dimensions of all parking and driving areas on the subject property. - (3) Locations and dimensions of all existing and proposed outdoor use, activity or storage areas on the subject property. (4) Locations and description of all existing landscaping and buffer on the subject prop- erty. (5) The nature of the outdoor use, activity or storage. (6) The intended duration of the outdoor use, activity or storage. (c) Specific use and development requirements. The city will administratively review and either approve or deny any application for outdoor use, activity and storage based on the following stan- dards: (11 All outdoor use, activity and storage areas must comply with required buffers for the primary use. 121 A minimum six -foot -high solid screening fence or other appropriate screening ap- proved by the director of community devel- § 22.1113 FEDERAL WAY CITY CODE opment is required around the outside edges of the area devoted to the outdoor use, ac- tivity or storage. (3) Outdoor use, activity or storage areas lo- cated adjoining residential zones or per- mitted residential uses may not be located in the required yards adjoining the residen- tial use or zone. (4) If the outdoor storage area is surrounded on all sides by industrial zones, then the height of the outdoor storage shall not ex- ceed the height of the primary structure on the subject property. In all other cases, the height of items stored outdoors shall not exceed six feet above finished grade. (5) The outdoor use, activity or storage area may not inhibit safe vehicular and pedes- trian movement to, from and on the subject property. (d) Exceptions to outdoor use, activity or storage. The following outdoor uses and activities, when located in commercial and industrial zones, are exempt from the requirement of subsections (b) and (c) of this section: i 1) Outdoor Christmas tree lots and fireworks stands if these uses will not operate more than 30 days in any year. t2! Outdoor amusement rides, carnivals and circuses and parking lot sales which are ancillary to the indoor sale of the same goods and services if these uses will not operate more than seven days in, any six- month period. 0 Outdoor dining areas. 41 Outdoor display of vehicles for sale or lease; provided that the display area complies with the parking area buffer requirement in sec- tion 22-1376 et seq. (e) Gross floor area. For the purpose of this chapter, an outdoor use, activity or storage area will be used in calculating the gross floor area of a use or development if this area will be used for outdoor use, activity or storage for at least two months out of every year. (PP Improvements. If the outdoor use, activity or storage is located on an unimproved area of the site, the underlying ground must be improved as required by the departments of public works and community development. (g) Modification. The applicant may request a modification of the requirements of subsection (c) of this section. This request will be reviewed and decided upon under process II. The city may ap- prove the modification if- (1) The modification will not create a greater impact on any nearby residential use than would be created without the modification. (2) The modification will not detract from the character of any use. (3) The modification will not be injurious to public health, safety or welfare. (Ord. No. 90-43, § 2(115.105(3)), 2-27-90) Cross references —Drainage program, § 21.26 et seq.; site plan review, § 22.361 et seq.; district regulations, § 22-571 et seq.; yard requirements in the supplementary district regula- tions, § 22.946 et seq. State law reference —Site plan review requirements, § 22-361 et seq. Secs. 22.1114-22.1130. Reserved. DIVISION 9. YARD REQUIREMENTS Sec. 22-1131. Scope of division. This division establishes what structures, im- provements and activities may be;in or take place in required yards as established for each use in each zone by this chapter. (Ord. No. 90-43, § 2(115.115(1)), 2-27-90) Sec. 22-1132. Exceptions and limitations in some zones. This chapter contains specific regulations re- garding what may be in or take place in required yards in certain instances. Where applicable, those specific regulations replace any inconsistent pro- visions of this division. (Ord. No. 90-43, § 2(115.115(2)), 2-27-90) 1590 ZONING (b) Cost paid by property owner. If a violation of this division is found to exist, the owner of the subject property shall pay the city's actual costs in conducting the laboratory analyses described in subsection (a) of this section. (Ord. No. 90-43, § 2(115.150(5)), 2-27-90) Sec. 22-1201. Public nuisance. In addition to the other requirements of this section, any discharge into water or change in water quality which annoys; injures; endangers the comfort, repose, health or safety of persons; or in any way renders persons insecure in life, or in the use of property is a violation of this chapter. (Ord. No. 90-43, § 2(115.150(6)), 2-27-90) Cross reference -Nuisances, ch. 10. Secs. 22-1202-22-1220. Reserved. ARTICLE XIV. ENVgtONMENTALLY SENSITIVE AREAS* DIVISION 1. GENERALLY Sec. 22.1221. Purpose. The purpose of this article is to protect the en- vironment, human life and property from harm and degradation. This is to be achieved by pre- cluding or limiting development in areas where development poses serious or special hazards; by preserving and protecting the quality of drinking water; and by preserving important ecological areas such as steep slopes, streams, lakes and wet- lands. The public purposes to be achieved by this article include protection of water quality, ground- water recharge, shoreline stabilization, stream flow maintenance, stability of slope areas, wild- life and fisheries habitat maintenance, protection *Cross references —Environmental policy of the city, § 18-26 et seq.; in every case where the city requires an appli- cant to provide a public walkway, public use area, or other area, facility or structure that is open to the public under the zoning regulations, the applicant may execute an easement or similar document in a form approved by the city attorney, § 22-10; rezoning of this district to be conducted under the quasi- judicial rezoning procedure, § 22-296 et seq.; the provisions regarding project -related quasijudicial rezoning are applicable to the rezoning of this district, § 22-298(b); erosion and sedi- mentation supplementary district regulations, § 22-948; land modification restrictions and requirements, § 22-1091 et seq.; water quality requirements and surface water, stormwater and other waterways, § 22.1196 et seq. § 22-1225 of human life and property and maintenance of natural stormwater storage systems. (Ord. No. 90-43, § 2(80.10), 2-27-90; Ord. No. 91- 105, § 4(80.10), 8-20-91; Ord. No. 91-123, § 3(80.10), 12-17-91) Sec. 22.1222. Applicable provisions. The provisions of this article apply throughout the city and must be complied with regardless of any other conflicting provisions of this chapter. The provisions of this chapter that do not conflict with the provisions of this article apply to the subject property. (Ord. No. 90-43, § 2(80.15), 2-27-90; Ord. No. 91- 105, § 4(80.15), 8-20-91; Ord: No. 91-123, § 3(80.15), 12-17-91) Sec. 22.1223. Jurisdiction. This article applies to the subject property if it: (1) Contains or is within 25 feet of a regulated slope; (2) Contains or is within 100 feet of a well head; (3) Contains or is within 100 feet of the top of any bank of a major stream; (4) Contains or. is within 50 feet of the top of any bank of a minor stream; (5) Contains or is within 25 feet of any regu- lated lake; or (6) Contains or is within 100 feet of the edge of any wetland. (Ord. No. 90-43, § 2(80.20), 2-27-90; Ord. No. 91- 105, § 4(80.20), 8-20-91; Ord. No. 91-123, § 3(80.20), 12=17-91) Sec. 22.1224. Other authority and jurisdic. tion. Nothing in this article in any way limits, or may be construed to limit, the authority of the city under any other applicable law, nor in any way decreases the responsibility of the applicant to comply with all other applicable local, state and federal laws and regulations. (Ord. No. 90-43, § 2(80.25), 2-27-90; Ord. No. 91- 105, §.4(80.25), 8-20-91; Ord. No. 91-123, § 3(80.25), 12-17-91) 1601 Sec. 22-1225. Liability. (a) Prior to issuance of any building permit or other permit by the building official, the appli- cant may be required to enter into an agreement with the city, in a form acceptable to the city at. § 22.1225 FEDERAL WAY CITY CODE torney, releasing and indemnifying the city from and for any damage or liability resulting from any development activity on the subject property which is related to the physical condition of the steep slope, stream, regulated lake or regulated wetland. This agreement shall be recorded in the county, at the applicant's expense, and shall run with the property. (b) The city may also require the applicant to obtain insurance coverage for damage to city or private property and/or city liability related to any such development activity. (Ord. 'No. 90-43, § 2(80.55), 2-27-90; Ord. No. 91- 105, § 4(80.55), 8-20-91; Ord. No. 91-123, § 3(80.55), 12-17-91) Secs. 22.1226-22.1240. Reserved. DIVISION 2. ADMINISTRATION* Sec. 22-1241. Administration. Except as otherwise established in this article, this article will be implemented and enforced as part of the city's review of any development ac- tivity on the subject property. If the development activity requires approval through process I, II or III, the provisions of this article will be imple- mented as part of these processes. If the develop- ment activity does not require approval through process I, II or III, the provisions of this article will be implemented through site plan review under section 22-361 et seq. (Ord. No. 90-43, § 2(80.30(1)), 2-27-90; Ord. No. 91-105, § 4(80.30(1)), 8-20-91; Ord. No. 91=123, § 3(80.30(1)), 12-17-91) Sec. 22-1242. Maps adopted. The city hereby adopts the King County Wet- lands Inventory Notebook, Volume 3 South, to show the locations of regulated lakes and certain regulated wetlands in the city. (Ord. No. 90-43, § 2(80.30(2)), 2-27-90; Ord. No. 91-105, § 4(80.30(2)), 8-20-91; Ord. No. 91-123, § 3(80.30(2)), 12-17-91) Sec. 22-1243. Basis for determination. The determinations regarding whether the sub- ject property is regulated under this article, as *Cross reference —Administration, ch. 2. well as the extent and nature of the regulations that will apply to the subject property, will be determined based on environmental information and mapping possessed by the city as well as other information and mapping provided by or through the applicant. The city may require the applicant, at the applicant's expense, to provide any infor- mation, mapping, studies, materials, inspections or reviews that are reasonably necessary to im- plement this article and to require that such in- formation, studies, mapping, materials, inspec- tions and reviews be provided or performed by a qualified professional acceptable to the city. Other provisions of this article detail other information and inspections that may be required in some in- stances. (Ord. No. 90-43, § 2(80.30(3)), 2-27-90; Ord. No. 91-105, § 4(80.30(3)), 8-20-91; Ord. No. 91-123, § 3(80.30(3)), 12-17-91.) Sec. 22.1244. Reasonable use of the subject property. (a) The provisions of this section establish a mechanism whereby the provisions of this article may be modified or waived on a case by case basis if their implementation would result in the appli- cant being unable to use any of the subject prop- erty for any reasonable use. (b) An applicant may apply for a modification or waiver of the provisions of this article using process III. (c) The city may approve a modification or waiver of the requirements of this article on a, case by case basis based on the following criteria: (1) The application of the provisions of this ar- ticle eliminates any profitable use of the subject property. (2) It is solely the implementation of this ar- ticle, and not other factors, which precludes profitable use of the subject property. (3) The applicant has in no way created or ex- acerbated the condition which forms the limitation on the use of the subject prop- erty, nor in any way contributed to such limitation. (4) The knowledge of the applicant of limita- tions on the subject property, when he or she acquired the subject property. (5) The waiver or modification will not lead to, create nor significantly increase the risk of 1602 ZONING § 22-1265 injury or death to any person or damage to improvements on or off the subject prop- erty. (d) If the city grants a request under this sec- tion, it shall grant the minimum necessary to pro- vide the applicant with some reasonable, profit- able use of the subject property, considering the factors described in subsection (c)(1) of this sec- tion. The city may impose any limitations, condi- tions and restrictions it considers appropriate to reduce or eliminate any undesirable effects or ad- verse impacts of granting a request under this section. (Ord. No. 90-43, § 2(80.35), 2-27-90; Ord. No. 91- 105, § 4(80.35), 8-20-91; Ord. No. 91-123, § 3(80.35), 12-17-91) Sec. 22.1245. Appeals of determination made under article. Any determination made by the director of com- munity development under this article may be appealed using the procedures established for ap- peals of interpretations under section 22-5. (Ord. No. 9043, § 2(80.40), 2-27-90; Ord. No. 91- 105, § 4(80.40), 8-20-91; Ord. No. 91-123, § 3(80.40), 12-17-91) Sec. 22.1246. Bonds. The city may require a bond under section 22-146 et seq. to insure compliance with any as- pect of this article. (Ord. No. 90-43, § 2(80.45), 2-27-90; Ord. No. 91- 105, § 4(80.45), 8-20-91; Ord. No. 91-123, § 3(80.45), 12-17-91) Sec. 22.1247. Dedication. The city may require the applicant to dedicate development rights or an open space easement to the city to insure protection of steep slopes, wells, streams, regulated lakes and regulated wetlands and other areas within the jurisdiction of this ar- ticle. (Ord. No. 90-43, § 2(80.50), 2-27-90; Ord. No. 91- 105, § 4(80.50), 8-20-91; Ord. No. 91-123, § 3(80,50), 12-17-91) Supp. No. 1 Sec. 22.1248. Exemptions. The following activities are exempt from the provisions of this article: (1) Emergencies, that in the opinion of the di- rector of community development, threaten the public health, safety and welfare; (2) Normal and routine maintenance and re- pair of the following facilities, for which a maintenance plan has been approved by the public works director: 1603 a. Existing drainage ditches provided, however, that this exception shall not apply to any ditches used by salmonids other than to permit free migration of salmonid to their spawning grounds; b. Surface water facilities, provided -that such activities shall not involve con- version of any regulated wetland not currently being used for such activity; c. Existing public facilities and utility structures or right -or -way. The maintenance- plan may be. designed to address individual facilities or facility com- ponents, area -wide facilities or city-wide sys- tems. The maintenance plan shall identify the nature of the potential maintenance or repair activities, specifications for work which may occur within potential sensitive areas, specifications for restoring and/or mitigating impacts, specifications for timing of maintenance or repair activities, and pro- cess for contacting or notifying the city of pending maintenance or repair activities to ensure compliance with the approved plan. The public works director may require that an appropriate bond or security be main- tained with the city to ensure restoration of disturbed areas. (Ord. No. 917105, § 4(80.37), 8-20-91) Secs. 22-1249-22.1265. Reserved. § 22-1266 FEDERAL. WAY CITY CODE / l DIVISION 3. GENERAL SITE DESIGN REQUIREMENTS* Sec. 22-1266. Responsibility of applicant. The applicant shall locate all improvements on subject property to minimize adverse impacts in steep slopes, wells, streams, regulated lakes and regulated wetlands. (Ord. No. 90-43, § 2(80.60(1)), 2-27-90; Ord. No. 91-105, § 4(80.60(1)), 8-20-91; Ord. No. 91-123, § 3(80.60(1)), 12-17-91) Sec. 22-1267. Physical barriers. The applicant shall install a berm, curb or other physical barrier during construction and, if nec- essary, following completion of development of the subject property, to prevent direct runoff and ero- sion from any disturbed area onto or into a steep slope, any area within 100 feet of a well head, a stream, a regulated lake or a regulated wetland. (Ord. No. 90-43, § 2(80.60(2)), 2-27-90; Ord. No. P-' -105, § 4(80.60(2)), 8-20-91; Ord. No. 91-123, § )160(2)), 12-17-91) Sec. 22-1268. Vehicle circulation areas. The applicant shall locate all parking and ve- hicle circulation areas as far as possible from any steep slope, well head, stream, regulated lake and regulated wetland. (Ord. No. 90-43, § 2(80.60(3)), 2-27-90; Ord. No. 91-105, § 4(80.60(3)), 8-20-91; Ord. No. 91-123, § 3(80.60(3)), 12-17-91) Sec. 22-1269. Time limitation. The city may limit development activities which involve any land surface modification to specific months of the year and to a maximum number of *Cross references —Building and building regulations, ch. 5; environmental protection, ch. 18; environmental policy, § 18-26 et seq.; development, § 19-26 et seq.; subdivisions, ch. 20; design criteria for subdivision improvements, § 20-151 et seq.; drainage program, § 21-26 et seq.; site plan review, § 22-361 et seq.; district regulations, § 22-571 et seq.; supple- mentary district regulations, § 22-946 et seq.; landscaping, § 22-1561 et seq. Supp. No. 1 1604 continuous days or hours in order to minimize adverse impacts. (Ord. No. 90-43, § 2(80.60(4)), 2-27-90; Ord. No. 91-105, § 4(80.60(4)), 8-20-91; Ord. No. 91-123, § 3(80.60(4)), 12-17-91) Sec. 22-1270. Other requirements. The city may require other construction tech- niques, conditions and restrictions on develop- ment in order to minimize adverse impacts on steep slopes, wells, streams, regulated lakes or regulated wetlands. (Ord. No. 90-43, § 2(80.60(5)), 2-27-90; Ord. No. 91-105, § 4(80.60(5)), 8-20-91; Ord. No. 91-123, § 3(80.60(5)), 12-17-91) Secs. 22.1271-22.1285. Reserved. DIVISION 4. GEOLOGICALLY HAZARDOUS AREAS DEVELOPMENT Sec. 22-1286. Limitations. (a) This section regulates development activi- ties and land surface modifications on or within 25 feet of a geologically hazardous area. (b) Development activities, land surface modi- fications or the installation and maintenance of landscaping normally associated with residential, commercial or park use may not occur on or within 25 feet of a geologically hazardous area unless no reasonable alternative exists and then only if the development activity or land surface modification will not lead to or create any increased slide, seismic or erosion hazard. (c) Before approving any development activity or land surface modification under this section, the city may require the applicant to submit the following information: (1) A soils report prepared by a qualified pro- fessional engineer licensed in the state which describes how the proposed develop- ment will impact. each of the following on the subject property and nearby properties: a. Slope stability, landslide hazard and sloughing. b. Seismic hazards. c. Groundwater. ZONING § 22-1306 d. Seeps, springs and other surface wa- within the following setback areas except as al- ters. lowed within this article: e. Existing vegetation. (1) The setback area for a major stream in- (2) Recommended foundation design and op- cludes all areas within 100 feet outward timal location for roadways improvements. from the top of each bank of a major stream. (3) Recommended methods for mitigating iden- tified impacts and a description of how these mitigating measures may impact adjacent properties. (4) Any other information the city determines is reasonably necessary to evaluate the pro- posal. (d) If the city approves any development ac- tivity or land surface modification under this sec- tion, it may, among other appropriate conditions, impose the following conditions of approval: (1) That the recommendations of the soils re- port be followed. (2) That the applicant pay for the services of a qualified professional engineer selected and retained by the city to review the soils re- port and other relevant information. (3) That a qualified professional engineer be present on site during all land surface mod- ification activities. (4) That trees, shrubs and ground cover be re- tained except where necessary for approved development activities on the subject prop- erty. (5) That additional vegetation be planted in disturbed areas. (Ord. No. 90.43, § 2(80.65), 2-27-90; Ord. No. 90-79, § 3, 12-18-90; Ord. No. 91-105, '§ 4(80.65), 8-20-91; Ord. No. 91.123, § 3(80.65), 12-17-91) . Cross references —Land surface modifications, § 22-1091 et seq.; landscaping, § 22-1661 et seq. Secs. 22.1287-22.1305. Reserved. DIVISION 5. STREAMS Sec. 22-1306. Setbacks. (a) No land surface modification or improve- ments, may take place or be located in a stream or Supp. No. 1 1604.1 (2) The setback area for a minor stream in- cludes all areas within 50 feet outward from the top of each bank of a minor stream. ZONING (b) The setback areas established by this sec- tion do not apply to any segment of a stream that is presently within a culvert, unless that stream will be taken out of the culvert as part of devel- opment of the subject property. (Ord. No. 90-43, § 2(80.75), 2-27-90; Ord. No. 90-79, § 4, 12-18-90; Ord. No. 91-105, § 4(80.75), 8-20-91; Ord. No. 91-123, § 3(80.75), 12-17-91) Cross references —Land surface modifications, § 22-1091 et seq.; water quality, § 22-1196 et seq.; landscaping, § 22. 1561 et seq. Sec. 22.1307. Relocation. (a) Relocation. of a stream on the subject prop- erty is permitted subject to all of the conditions and restrictions of this section. (b) A proposal to relocate a stream will be re- viewed and decided upon using process III in sec- tion 22-476 et seq. (c) As part of any request under this section, the applicant must submit a stream relocation plan, prepared by a qualified professional approved by the city, that shows the following: (1) The creation of a natural meander pattern. (2) The formation of gentle side slopes, at least two feet horizontally to one foot vertically, and the installation of erosion control fea- tures for stream side slopes. (3) The creation of a narrow subchannel, where feasible, against the south or west bank. (4) The utilization of natural materials, wher- ever possible. (5) The use of vegetation normally associated with streams, including primarily native riparian vegetation. (6) The creation of spawning and nesting areas, wherever appropriate. (7) The reestablishment of the fish population, wherever feasible. (8) The restoration of water flow characteris- tics compatible with fish habitat areas, wherever feasible. (9) The filling and revegetation of the prior channel. § 22-1309 (10) A proposed phasing plan specifying time of year for all project phases. (d) The city will allow a stream to be relocated only if water quality, habitat and stormwater re- tention capability of the streams will be signifi- cantly improved by the relocation. Convenience to the applicant in order to facilitate general site design may not be considered. (e) Prior to diverting water into the new channel, a qualified professional approved by the city shall inspect the new channel, following its completion and issue a written report to the di- rector of community development stating that the channel complies with the requirements of this section. (f) The amount of flow and velocity of the stream may not be increased or decreased as the stream enters or leaves the subject property. (Ord: No. 90-43, § 2(80.80), 2-27-90; Ord. No. 91- 105, § 4(80.80), 8-20-91; Ord. No. 91-123, § 3(80.80), 12-17-91) Cross reference —Process III review requirements, § 22-476 et seq. 1605 Sec. 22-1308. Bulkheads. (a) A bulkhead may not be located in or along a stream except as established in this section. (b) A request for a bulkhead in or along the stream will be reviewed and decided upon using process I in section 22.386 et seq. (c) A request to locate a bulkhead in or along the stream will only be granted if the bulkhead is needed to prevent significant erosion and the use of vegetation will not sufficiently stabilize the bank to prevent this erosion. (d) The bulkhead, if permitted, must be designed to minimize the transmittal of water current to other properties. Changes in the horizontal or ver- tical configuration of the land in or around the stream must be kept to a minimum. (Ord. No. 90-43, § 2(80.85), 2-27-90; Ord. 'No. 91- 105, § 4(80.85), 8-20-91; Ord. No. 91-123, § 3,80.85), 12-17-91) Cross references —Process I review procedure, § 22.386 et seq.; environmental policy, § 18.26 et seq. See. 22-1309. Culverts. (a) Culverts are permitted in streams only if approved under this section. § 22-1309 FEDERAL WAY CITY CODE (b) The city will review and decide upon appli- cations under this chapter using process I in sec- tion 22-386 et seq. (c) The city will allow a stream to be put in a culvert only if: (1) No significant habitat area will be de- stroyed; and (2) It is necessary for some reasonable use of the subject property. Convenience to the ap- plicant in order to facilitate general site design will not be considered. The appli- cant must demonstrate, by submitting al- ternative site plans showing the stream in an open condition, that no other reasonable site design exists. (d) The culvert must be designed and installed to allow passage of fish inhabiting or using the stream. The culvert must be large enough to ac- commodate a 100-year storm. (e) The applicant shall, at all times, keep all culverts on the subject property free of debris and sediment so as to allow free passage of water and, if applicable, fish. The city shall require a bond under section 22-146 et seq. to ensure mainte- nance of the culvert approved under this section. (Ord. No. 90-43, § 2(80.90), 2-27-90; Ord. No. 91- 105, § 4(80.90), 8-20-91; Ord. No. 91-123, § 3(80.90), 12-17-91) Cross references —Bond procedure, § 22-146 et seq.; pro- cess I review procedure, § 22-386 et seq. Sec. 22-1310. Removal of streams from cul- verts. If development of the subject property requires approval through process I, II or III of this chapter, the city may require the stream to be taken out of the culvert and restored to a natural -like config- uration as part of the city's approval of develop- ment of the subject property. (Ord. No. 90-43, § 2(80.95), 2-27-90; Ord. No. 91- 105, § 4(80.95), 8-20-91; Ord. No. 91-123, § 3(80.95), 12-17-91) Sec. 22.1311. Rehabilitation. The director of community development may permit or require the applicant to rehabilitate or maintain a stream by requiring the removal of detrimental materials such as debris, sentiment and inappropriate vegetation and by requiring the planting of native vegetation. These actions may be permitted or required at any time that a con- dition detrimental to water quality or habitat ex- ists. (Ord. No. 90-43, § 2(80.100), 2-27-90; Ord. No. 91-105, § 4(80.100), 8-20-91; Ord. No. 91-123, § 3(80.100), 12-17-91) Sec. 22.1312. Intrusion into setbacks. (a) Esseniial public facilities and utilities. The director of community development may permit the placement of an essential public facility or utility in a setback from a stream if he or she determines. that the line or improvement must traverse the setback area because no feasible al- ternative location exists based on an analysis of technology and system efficiency. The specific lo- cation and extent of the intrusion into the setback area must constitute the minimum necessary en- croachment to meet the requirements of the public facility or utility. (b) Minor improvements. Minor improvements such as footbridges crossing the stream, walk- ways and benches may be located within the set- back area if approved through process I based on the following criteria: (1) It will not adversely affect water quality. (2) It will not destroy nor damage a significant habitat area. (3) It will not adversely affect drainage or stormwater retention capabilities. (4) It will not lend to unstable earth conditions nor create erosion hazards. (5) It will not be materially detrimental to any other property nor to the city as a whole, including the loss of significant open space or scenic vista. (c) Other intrusions. Other than as specified in subsections (a) and (b) of this section, the city may approve any request to locate an improvement or engage in land surface modification within stream setback areas only through process II, based on the following criteria: (1) It will not adversely affect water quality. (2) It will not destroy nor damage a significant habitat area. (3) It will not adversely affect drainage or stormwater retention capabilities. 1606 ZONING (4) It will not lend to unstable earth conditions nor create erosion hazards. (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, in- cluding the loss of significant open space or scenic vista. (6) It is necessary for reasonable development of the subject property. (Ord. No. 90-43, § 2(80.105), 2-27-90; Ord. No. 91- 105, § 4(80,105), 8-20-91; Ord. No. 91-123, § 3(80.105), 12-17-91) Sec. 22-1313. Additional requirements for land surface modification. If any land surface modification is permitted within the stream or stream setback area, the ap- plicant shall comply with the following additional requirements: (1) All fill material used must be nondissolving and nondecomposing. The fill material must not contain organic or inorganic material that would be detrimental to water quality or the existing habitat. (2) The applicant may deposit dredge spoils on the subject property only if part of an ap- proved development on the subject prop- erty. (3) The applicant shall stabilize all areas left exposed after land surface modification with native. vegetation normally associated with the stream or setback area. (Ord. No. 90-43, § 2(80.110), 2-27-90; Ord. No. 91- 105, § 4(80.110), 8-20-91; Ord. No. 91-123, § 3(80.110), 12-17-91) Secs. 22.1314-22-1330. Reserved. DIVISION 6. REGULATED LAKES Sec. 22-1331. Conformance with division. No structure, improvement nor land surface modification may be constructed or take place within regulated lakes or within setback areas from regulated lakes except as allowed in this ar- ticle. (Ord. No. 90-43, § 2(80.115i, 2-27-90; Ord. No. 91-105, § 4(80.115), 8-20-91; Ord. No. 91-123, § 3(80.115), 12-17-91) Sec. 22-1332. Setback areas. § 22-1333 All areas landward 25 feet in every direction from the ordinary high-water mark of a regulated lake is within the setback area from a regulated lake. (Ord. No. 90-43, § 2(80.120), 2-27-90; Ord. No. 91-105, § 4(80.120), 8-20-91; Ord. No. 91-123, § 3(80.120), 12-17-91) Sec. 22-1333. Activities and improvements waterward of the ordinary high-water mark. This section regulates structures, improvements and activities waterward of the ordinary high. water mark of regulated lakes. 1607 (1) Dredging and falling. Except as permitted in conjunction with activities regulated under. process III and IV, sections 22-476 et seq. and 22-516 et seq., dredging and filling waterward of the ordinary high-water mark of a regulated lake is prohibited. (2) Structures and improvements. Except as per- mitted in conjunction with activities regu- lated under process III and IV, sections 22-476 et. seq. and 22-516 et seq., the only structures or improvements that may be lo- cated waterward of the ordinary high-water mark of a regulated lake are moorage struc- tures. The city will review and decide upon any proposal for a moorage structure wa- terward of the ordinary high-water mark using process I. The city may grant a re- quest under this section if the moorage structure is accessory to a dwelling unit or public park on the subject property and no significant habitat area will be damaged by its construction or use. A moorage struc- ture, if permitted, may not extend water - ward further than is reasonably necessary to function properly, but in no event more than 200 feet waterward of the ordinary high-water mark. Moorage structures may not be treated with creosote, oil base or other toxic substances. The top of the moorage structure may not be more than two feet above the ordinary high-water mark. (Ord. No. 90-43, § 2(80.125), 2=27-90; Ord. No. 91-105, § 4(80.125), 8-20-91; Ord. No. 91-123, ti 3(80.125), 12-17-91) 4 22.1334 FEDERAL WAY CITY CODE Sec. 22-1334. Activities and improvements approved by the director of community de - within the required setback velopment based on the following criteria: areas from regulated lakes. a. The minor improvement will not ad. No structure, improvement nor land surface versely affect water quality. b. The minor improvement will not de - modification may be located or take place within stroy nor damage a significant habitat the setback area from a regulated lake except as area. allowed in this section. c. The minor improvement will not ad- versely affect drainage or stormwater (1) Landscaping and land surface modification. retention capabilities. Except as otherwise specifically permitted d. The minor improvement will not be ma- in this section, the setback area from a reg terially detrimental to any other prop- ulated lake may not be covered with an im- erty in the area of the subject property pervious surface. Installation and mainte- nor to the city as a whole, including nance of.: normal residential or park -like the loss of significant open space or landscaping may take place within the re- scenic vistas. quired setback area, provided that no fer- (3) Essential public facilities and utilities. The tilizers, pesticides or other chemicals or sub- director of community development may stances are applied within the setback area permit the placement of an essential public that will degrade water quality or hasten facility or utility in the setback area if he eutrophication of the lake. Land surface or she determines that the line or improve - modification beyond installation and main- ment must traverse the setback area be- tenance of normal residential or park -like cause no feasible alternative location ex - landscaping may only be permitted within ists based on an analysis of technology and the setback area if approved through pro- system efficiency. The specific location and cess I based on the following criteria: extent of the intrusion into the setback area a. The proposed land surface modifica- must constitute the minimum necessary en - croachment to meet the requirements of the tion is necessary for the reasonable use public facility or utility. of the subject property. (4) Other intrusions: b. The land surface modification will not increase -or decrease the size of the reg- a. Where the properties immediately ulated lake. abutting the subject property have c. The land surface modification will not dwelling units which extend into the change the points where any water en- setback area, the applicant may con- ters or leaves the subject property nor struct a dwelling unit on the subject in any way change drainage patterns property that extends into this setback to or from adjacent properties. area to the extent permitted in subsec- d. The proposed land surface modifica- tion b. of this section. tion will not be detrimental to water b. Where subsection a. of this section ap- quality or habitats in or around the plies, the dwelling unit on the subject lake. property may be no closer to the ordi- nary high-water mark of the regulated (2) Minor structures and improvements. Minor lake than the average of the distanceof improvements such as walkways, benches, the two dwelling units on the prop - platforms for storage of small boats and erties immediately abutting the sub - ject property. If one of the properties small storage lockers for paddles, oars, life immediately abutting the subject prop - preservers and similar boating equipment erty does not contain a dwelling unit may be located within the setback area if or the dwelling unit on that abut- 1608 ZONING § 22-1356 ting property is more than 25 feet from the ordinary high-water mark of the regulated lake, the setback of the dwelling unit on that lot will be pre- sumed to be 25 feet for the purposes of calculating the permissible location for the dwelling unit on the subject prop- erty under this section. (5) Revegetation. The applicant shall stabilize all areas left exposed after land surface mod- ification with appropriate vegetation. (Ord. No. 90-43, § 2(80.130), 2-27-90; Ord. No. 90-79, § 5, 12-18-90; Ord. No. 91-105, § 4(80.130), 8-20-91; Ord. No. 91-123, § 3(80.130), 12-17-91) Sec. 22-1335. Rehabilitation. The director of community development may permit or require the applicant to rehabilitate or maintain a regulated lake by requiring the re- moval of detrimental materials such as debris, sediment and inappropriate vegetation and by re- quiring the planting of native vegetation. These actions may be permitted or required at any time that a condition detrimental to water quality or habitat exists. (Ord. No. 90-43, § 2(80.135), 2-27-90; Ord. No. 91- 105, § 4(80.135), 8720-91; Ord. No. 91-123, § 3(80:135), 12-17-91) Sec. 22-1336. Bulkheads. (a) General. A bulkhead is permitted within or adjacent to a regulated lake subject to the provi- sions of this section. (b) Required permit. The city will review and decide upon an application under this section using process I. (c) Criteria. The city may permit a bulkhead to be constructed only if- (1) The bulkhead is needed to prevent signifi- cant erosion. (2) The use of vegetation will not sufficiently stabilize the shoreline to prevent the sig- nificant erosion. (d) Design features. A bulkhead may not be lo- cated between a regulated lake and a wetland. Changes in the horizontal or vertical configura- Supp. No. 1 1609 tion of the land must be kept to a minimum. The bulkhead must be designed to minimize the trans- mittal of wave energy to other properties. (Ord. No. 90-43, § 2(80.140), 2-27-90; Ord. No. 91- 105, § 4(80.140), 8-20-91; Ord. No. 91-123, § 3(80.140), 12-17-91) Cross reference —Process I review criteria, § 22-386 et seq. Secs. 22-1337-22.1355. Reserved. DIVISION 7. REGULATED WETLANDS See. 22-1356. Determination of wetland and regulated wetland. (a) Generally. This section contains procedures and criteria for determining whether an area is defined as a regulated wetland under this chapter. (b) Evaluation. If the city determines that a wet- land may exist on or within 100 feet the subject property, the director of community development shall require the applicant to submit a wetland report prepared by a qualified professional ap- proved by the city, that includes the following in- formation. The director of community develop- ment shall use this information to determine if the area is a regulated wetland and, if so, the precise boundaries of that regulated wetland. (1) An evaluation of the area in question based on the definitions in this chapter of "regu- lated wetland." (2) An overview of the methodology used to con- duct the study. (3) A description of the wetland, including a map i.dentif dng the edge of the wetland and plant communities and detailed descrip. tion of the method used to identify the wet. land edge. (4) The wetland classification (U.S. Fish and Wildlife Service "Classification of Wetlands and Deep Water Habitats in the U.S."). (5) A list of observed plant and wildlife spe- cies, using both scientific and common names; and a description of their relative abundance. (6) A list of potential plant or animal species based on signs or other observation. § 22-1356 FEDERAL WAY CITY CODE (7) An evaluation and assessment of the ex- isting or potential functions and values of the wetland based on the following factors: surface water control; wildlife habitat; pol- lution and erosion control; groundwater ex- change; open space and aesthetic contrast; and recreational, educational and cultural opportunities. (Ord. No. 90-43, § 2(80.145), 2-27-90; Ord. No. 91- 105, § 4(80.145), 8-20-91; Ord. No. 91-123, § 3(80.145), 12-17-91) Cross reference —Environmental policy, § 18-26 et seq. Sec. 22.1357. Setback areas. The setback area from a regulated wetlands is all land within 100 feet in every direction upland from the edge of the regulated wetland. (Ord. No. 90-43, § 2(80.150), 2-27-90; Ord. No. 91- 105, § 4(80.150), 8-20-91; Ord. No. 91-123, § 3(80.150), 12-17-91) Sec. 22-1358. Structures, improvements and land surface modifications within regulated wetlands. (a) Generally. No land surface modification may .ce place and no structure or improvement may be located in a regulated wetland except as pro- vided in this section. (b) Public park. The city may allow pedestrian access through a regulated wetland in conjunc- tion with a public park. The access, if approved, must be designed to the maximum extent feasible to protect the wetland from any adverse effects or impacts of the access and to limit the access -to the defined access area. (c) Rehabilitation. The director of community development may permit or require the applicant to rehabilitate and maintain a regulated wetland by removing detrimental material such as debris and inappropriate vegetation and by requiring that native vegetation be planted. These actions may be required at any time that a condition det- rimental to water quality or habitat exists: (d) Modification. Other than as specified in sub- sections (b) and (c) of this section, the city council may approve any request to locate an improve- ment or engage in land surfatce modification within a regulated wetland using process III. The specific location and extent of the intrusion into the reg- ulated wetland must constitute the minimum nec- essary encroachment. Approval of a request for improvements or land surface modification within a regulated wetland through process III shall be based on the following criteria: (1) It will not adversely affect water quality. (2) ,It will not destroy nor damage a significant habitat area. Supp. No. 1 1610 (3) It will not adversely affect drainage or stormwater retention capabilities. (4) It will not lead to unstable earth conditions nor create erosion hazards. (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, in- cluding the loss of significant open space or scenic vista. (6) It will result in no net loss of wetland area, function or value. (7) The project is in the best interest of the public health, safety or welfare. (8) The applicant'has demonstrated sufficient scientific expertise and supervisory capa- bility to carry out the project. (9) The applicant is committed to monitoring the project and to make corrections if the project fails to meet projected goals. (e) Required information. As part of any re- quest under this section, the applicant shall submit a report, prepared by a qualified professional ap- proved by the city, that includes the following in- formation: (1) Mitigation plan. A mitigation plan shall in- clude the following elements: a. Environmental goals and objectives. b. Performance standards. c. Detailed construction plans. d. Timing. e. Monitoring program for a minimum of five years. f. Contingency plan. g. Performance bonding in an amount of 120 percent of the costs of imple- menting each of the above elements. (2) Mitigation. Mitigation of wetland impacts shall be restricted to on -site restoration, cre- ZONING ation or enhancement of in -kind wetland type which results in no net loss of wetland area, function or value. Where feasible, mit- igation measures shall be designed to im- prove the functions and values. of the im- pacted wetland. (3) Minimum acreage replacement ratio. The following are minimum restoration, cre- ation or enhancement ratios for various im- pacted wetland areas. The first number of the ratio specifies the acreage of wetland requiring replacement and the second spec- ifies the acreage of wetlands impacted. a. For areas with documented habitat for endangered or threatened plant, fish, or animal species; natural heritage wet- land sites; regionally rare wetland com- munities with irreplaceable ecological functions; or wetlands of exceptional local significance the replacement ratio shall be a minimum of 6:1. b. For forested wetlands with at least 20 percent of the surface area covered by woody vegetation greater than 20 feet in height the replacement ratio shall be a minimum of 3:1. c. For scrub -shrub wetlands with at least 30 percent of its surface covered by woody vegetation less than 20 feet in height as the uppermost strata the re- placement ratio shall be 2:1. d. For emergent wetlands with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata the replacement ratio shall be 1.5:1. e. The replacement ratio for all other wet- lands shall be 1.25:1. The above replacement ratios may be in- creased or decreased based on the following criteria: a. Probable success of the proposed miti- gation. b. Projected losses in function or value. c. Findings of special studies coordinated with agencies with expertise which demonstrate that no net loss of wet- land function or value is attained under an alternative ratio. § 22-1359 d. In no case shall the minimum acreage replacement ratio be less than 1.25:1. (4) Timing. All required wetland mitigation improvements, except monitoring, shall be completed and accepted by the director of community development prior to beginning activities that will disturb regulated wet- lands, and shall be timed to reduce impacts to existing plants and animals. (5) Inspections. The applicant shall pay for ser- vices of a qualified professional selected and retained by the city to review the wetland mitigation report and other relevant infor- mation, conduct periodic inspections, issue a written report to the director of commu- nity development stating that the project complies with requirements of the mitiga- tion plan, and to conduct and report to the director on the status of the monitoring pro- gram. (Ord. No. 90-43, § 2(80.155), 2-27-90; Ord. No. 90-79, § 6, 12-18-90; Ord. No. 91-105, § 4(80.155), 8-20-91; Ord. No. 91-123, § 3(80.155), 12-17-91) Sec. 22.1359. Structures, improvements and land surface modification within the setback areas from regulated wetlands. (a) Generally. Except as allowed in this section, no land surface modification may take place and no structure or improvement may be located within the setback area from a regulated wet- land. (b) Essential public Facilities and utility. The di- rector of community development may permit the placement of an essential public facility or utility in a setback area from a regulated wetland if he or she determines that the line or improvement must traverse the setback area because no fea- sible or alternative location exists based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. (c) Minor improvements. Minor improvements such as footbridges, walkways and benches may be located within the setback area from a regu- 1611 § 22-1359 FEDERAL WAY CITY CODE laced wetland if approved through process I based Secs. 22.1360-22.1368. Reserved. on the following criteria: (1) It will not adversely affect water quality. (2) It will not destroy nor damage a significant habitat area. (3) It will not adversely affect drainage or stormwater retention capabilities. (4) It will not lead to unstable earth conditions nor create erosion hazards. (5) .It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, in- cluding the loss of significant open space or scenic vista. (d) Modif tcation. Other than as specified in sub- sections (b) and (c) of this section, the city may approve any request to locate an improvement or engage in land surface modification within the setback area from a regulated wetland through process II, based on the following criteria: (1) It will not adversely affect water quality. (2) It will not destroy nor damage a significant habitat area. (3) It will not adversely affect drainage or stormwater retention capabilities. (4) It will not lead to unstable earth conditions nor create erosion hazards. (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, in- cluding the loss of significant open space or scenic vista. (6) It is necessary for reasonable development of the subject property. (e) Reuegetation. The applicant shall stabilize all areas left exposed after land surface modifica- tion with native vegetation normally associated with the setback area. (Ord. No. 90-43, § 2(80.160),. 2-27-90; Ord. No. 90-79, § 7, 12-18-90; Ord. No. 91-105, § 4(80.160), 8-20-91; Ord. No. 91-123, § 3(80.160), 12-17-91) DIVISION 8. REGULATED WELL HEADS Sec. 22-1369. Criteria. Any well constructed after March 1, 1990, must comply with the siting criteria of WAC ch. 173- 160. Any improvement or use on the subject prop- erty erected or engaged in after March 1, 1990, must comply with the requirements in WAC ch. 173-160 regarding separation of wells from sources of pollution. (Ord. No. 90-43, § 2(80.70), 2-27-90) Secs. 22-1370-22-1375. Reserved. ARTICLE XV. OFFSTREET PARKING* DIVISION 1. GENERALLY Sec. 22.1376. Exception in the city center CC zone. If the provisions of this article conflict with the provisions of section 22-791 et seq. regarding prop- erties in the city center zone, the provisions of section 22-791 et seq. will be followed. The provi- sions of this article that do not conflict with sec- tion 22.791 et seq, apply to properties in the city center CC zone. (Ord. No. 90-43, § 2(105.10), 2=27-90) Sec. 22-1377. Number of spaces —Minimum (a) Generally. The number of parking spaces re- quired for a use is the minimum required. The applicant shall provide at least that number of spaces. (b) Guest parking for residential uses. For resi- dential uses, the city may require guest parking spaces in excess of the required parking spaces, if *Cross references —Traffic and vehicle regulations, ch. 15; requirements for conformance of nonconforming parking, § 22.334; supplementary district regulations regarding vehicles and boats, § 22-1176 et seq.; yard requirements for driveways, parking areas, fences, structure protruding beyond exterior walls of a structure, retaining walls, walkways, and certain other improvements or structures, § 22-1133; vehicular access easement improvements required, § 22.1496 et seq.; landscape requirements, § 22-1561 et seq. 1612 I ZONING there is inadequate guest parking on the subject property. (Ord. No. 90-43, § 2(105.15), 2-27-90) Sec. 22-1378. Same —Not specified in use zones. If this chapter does not specify a parking space requirement for a particular use in a particular zone, the director of community development shall determine a parking requirement on a case .by case basis. The director of community develop- ment shall base this determination on the actual parking demand on existing uses similar to the proposed use. (Ord. No. 90-43, § 2(105.20), 2-27-90) Sec. 22-1379. Same —Fractions. If the formula for determining the minimum and maximum number of parking spaces results in a fraction, that fraction will be rounded up to the next higher whole number. (Ord. No. 90-43, § 2(105.25), 2-27-90) Sec. 22-1380. Bonds. The city may require or permit a bond under section 22-146 et seq. to ensure compliance with any of the requirements of this article. (Ord. No. 90-43, § 2(105.120), 2-27-90) Cross reference Bonds, § 22-146 et seq. Secs. 22-1381-22-1395. Reserved. DIVISION 2. MODIFICATIONS* Sec. 22-1396. Generally. The provisions of this division establish the cir- cumstances and procedure under which the re- quirements of this article may be modified, either at the request of the appellant or at the initiation of the city. (Ord. No. 90-43, § 2(105.115(1)), 2-27-90) Sec. 22-1397. Authority to grant. (a) If the proposed development or use of or on the subject property requires approval through *Cross reference —Administration, ch. 2. § 22-1398 process I, II, or III, any proposed modification will be considered as part of that process using the criteria of this division. (b) If subsection (a) of this section does not ap- ply, the director of community development may grant or require a modification in writing under the provisions of this section. The decision of the director to require, grant or deny a modification under this division may be appealed using the appeal procedures of process I. (Ord. No. 90-43, § 2(105.115(2)(a), (b)), 2-27-90) Cross references —Process I review procedure, § 22-386 et seq.; process II review procedure, § 22-431 et seq.; process III review procedure, § 22-476 et seq. Sec. 22-1398. Criteria. The city may grant or require a modification to the provisions of this article if the city deter- mines, based on the submitted plans and/or other information that the following criteria have been met for modifications to the applicable sections: (1) The parking area design provisions of sec- tions 22-1441(b) and 22-1452 may be mod- ified if: a. The modification will not create any ve- hicular or pedestrian safety problems; b. The modifications will not affect the ability to provide any property with po- lice, fire, emergency medical and other essential services; and c. One of the following requirements is met: 1. The modification is necessary be- cause of a preexisting physical con- dition; or 2. The modification will produce a site design superior to that which would result from adherence to the adopted standard. (2) A decrease in the required number of park- ing spaces under section 22-1377 may be permitted if a thorough parking study doc- uments that a fewer parking spaces will be adequate to fully serve the uses. An in- crease in the number of parking spaces per- mitted under section 22-1377 may be per- mitted if a thorough parking study Supp. No. 7 1613 § 22-1398 FEDERAL WAY CITY CODE documents that the consistent or frequent- (3) The modification will not result in increased ly recurring parking needs of the use ex- erosion of unpaved areas onto the parking ceed the permitted number of spaces. area, driveway or streets. (Ord. No. 90-43, § 2(105.115(3)), 2-27-90) (Ord. No. 90-43, § 2(105.115(2)(e)), 2-27-90) Sec. 22-1399. Parking area requirements. The parking area location requirements of sec- tion 22-1421 may be modified if (1) The proposed parking area will have no ad- verse impacts on adjacent properties; (2) It is reasonable to expect that the proposed parking area will be used by the employees, patrons and others coming to the subject property; and (3) Asafe pedestrian and/or shuttle connection exists, or will be created at the time of oc- cupancy, between the subject property and the proposed parking area. Jrd. No. 90-43, § 2(105.115(2)(c)), 2-27-90) Sec. 22-1400. Landscape requirements. The landscape requirements of section 22-1444 may be modified if. (1) The modification will produce a landscap- ing design in the parking area comparable or superior to that which would result from adherence to the adopted standard; or. (2) The modification will result in increased re- tention of significant natural vegetation. (Ord. No. 90-43, § 2(105.115(2)(d)), 2-27-90) Cross reference —Landscape requirements, § 22-1561 et seq. Sec. 22-1401. Curb and sidewalk require- ments. The curb and sidewalk requirements of section 22-1445 may be modified if: (1) The modification will result in superior land- scaping and/or increased retention of sig- nificant natural vegetation; (2) The modification will not result in increased hazards for pedestrians or vehicles; and Sec. 22-1402. Buffer requirements. The buffer requirements of section 22-1446 may be modified if: (1) The existing topography of or adjacent to the subject property decreases or elimi- nates the need for visual screening; (2) The modification will be of more benefit to the adjoining property by causing less im- pairment of view or sunlight; or (3) The modification will provide a visual screen that is comparable or superior to the buffer required by section 22-1446. (Ord. No. 90-43, § 2(105.115(2)(f)), 2-27-90) Sec. 22-1403. Surface material. The surface material requirements of section 22-1453, may be modified if: (1) The surfacing material will not enter into the drainage system, or onto public or other private property; (2) The surfacing material will provide a park- ing surface which is .usable on a year-round basis; (3) Use of the surfacing material will not re- sult in dust or deterioration of air quality; and (4) Runoff from the parking area will not de- grade water quality. (Ord. No. 90-43, § 2(105.115(2)(g)), 2-27-90) Secs. 22-1404-22-1420. Reserved. C Supp. No. 7 1614 ZONING DIVISION 3. LOCATION OF PARKING AREAS* Sec. 22-1421. Generally. (a) Unless otherwise specified in this chapter, the applicant shall provide the required number of parking spaces either: (1) On the subject property; or *Cross reference --Traffic and vehicles, ch. 16. § 22-1421 Supp. No. 7 1614.1 ZONING § 22-1451 (2) On a lot adjoining the subject property, if DIVISION 4. PARKING AREA DESIGN that lot is in a zone that permits the use conducted on the subject property. Sec. 22-1441. Generally. (b) If the parking is located on a lot other than the lot containing the use which generates the parking space requirements, the owner of the lot containing the parking must sign a covenant or other instrument, in a form acceptable to the city attorney, requiring that the lot be devoted in whole or in part to required parking for the use on an- other lot. The applicant must record this state- ment with the county to run with all affected prop- erties. (Ord. No. 90-43, § 2(105.30), 2-27-90) Sec. 22-1422. Shared facilities. Two or more businesses or uses may share parking areas. The number of parking spaces that must be provided in such a shared areas must be at least 90 percent of parking spaces required by this chapter for all such businesses or uses that are open or generating parking demands at the same time. The owner of each lot must sign an agreement in a form acceptable to the city at- torney, stating that the owner's property is com- mitted to providing parking for the other prop- erty. This statement must be recorded in the county, at the applicant's expense, and shall run with the properties. (Ord. No. 90-43, § 2(105.35), 2-27-90) Sec. 22.1423. Adjoining low density zones. The applicant shall locate a parking area for a use, other than a detached dwelling unit, as far as possible from any adjoining low density zone or existing permitted low density use. (Ord. No. 90-43, § 2(105.40), 2-27-90) Sec. 22-1424. Required setback yards. For regulations on parking areas in required setback yards, see section 22-1135. (Ord. No. 90-43, § 2(105.45), 2-27-90) Secs. 22-1425-22.1440. Reserved. (a) Wherever feasible, the buildings on the sub- ject property should be located between the street and the parking area. (b) The director of community development is authorized to adopt standards, specifications and requirements, consistent with the provisions of this chapter, which shall be on file in the city clerk's office, regarding the design and dimen- sional requirements of parking areas, driveways and related improvements. These standards, spec- ifications and requirements shall be followed and have the full force and effect as if they were set forth in this article. (Ord. No. 90-43, § 2(105.50, 105.55), 2-27-90) Sec. 22.1442. Compact car spaces. The applicant may develop and designate up to 25 percent of the number of parking spaces for compact cars. (Ord. No. 90-43, § 2(105.60), 2-27-90) Sec. 22.1443. Barrier free access. The applicant shall design the parking area using standards set forth in state regulations for barrier free access. (Ord. No. 90-43, § 2(105.65), 2-27-90) Secs. 22.1444-22.1450. Reserved. Editor's note —Ord. No. 93-170, § 6, adopted April 20, 1993, repealed former H 22-1444-22-1450, relative to landscape and buffering requirements of parking area designs, which derived from Ord. No. 90.43, § 2(105.70-105.90), adopted Feb. 27, 1990, Sec. 22-1451. Traffic control devices. If the parking area serves a use other than a detached dwelling unit, the applicant shall clearly delineate parking spaces, traffic directions and en- trance and exit ways. The city may require other traffic control devices necessary to ensure the safe and efficient flow of traffic. (Ord. No. 90-43, § 2(105.95), 2-27-90) Cross reference —Traffic and vehicles, ch. 15. Supp. No. 2 1615 § 22-1452 FEDERAL WAY CITY CODE Sec. 22-1452. Backing onto street prohibited. A parking area that serves any use, other than one serving detached dwelling units, must be de- signed so that traffic need not back onto any street. (Ord. No. 90-43, § 2(105.100), 2-27-90) Sec. 22.1453. Surface materials. (a) The applicant shall surface the parking areas, driveways and other vehicular circulation areas with a material comparable or superior to the surface material of the right-of-way providing direct vehicle access to the parking area. (b) Grass grid pavers may be used for emer- gency access areas that are not used in required permanent circulation and parking areas. (Ord. No. 90-43, § 2(105.105), 2-27-90) Sec. 22-1454. Streets used in circulation pat- tern prohibited. A parking lot may not be designed so that a street is used as part of its circulation pattern to get from one part of the parking lot to another part of the parking lot. (Ord. No. 90-43, § 2(105.110), 2-27-90) Secs. 22-1455-22-1470. Reserved. ARTICLE XVI. IMPROVEMENTS* DIVISION 1. GENERALLY Sec. 22.1471. Special regulations in desig- nated areas. If the city council has approved a public im- provements master plan or special design guide - *Cross references —Streets, sidewalks and other public places, ch. 13; required improvements in subdivisions, § 20-176 et seq.; public improvement assessments, § 20-206 et seq.; drainage program, § 21-26 et seq.; in every case where the city requires an applicant to provide a public walkway, public use area, or other area, facility or structure that is open to the public under the zoning regulations, the applicant may exe. cute an easement or similar document in a form approved by the city attorney, § 22-10; erosion and sedimentation supple. mentary district regulations, § 22-948; land modification re- strictions and requirements, § 22-1091 et seq.; water quality requirements and surface water, stormwater and other water- ways, § 22.1196 et seq. lines for a particular area that includes a right- of-way, the master plan or other guidelines will be filed with the city clerk and will govern the improvements to be provided by developments that abut that right-of-way. (Ord. No. 90-43, § 2(110.10), 2-27-90) Sec. 22.1472. Official right-of-way map adopted. The public works director shall produce and keep current an official right-of-way classification map that classifies each of the improved and proposed rights -of -way, other than alleys, based on the clas- sification standards contained within sections 22- 1524 and 22-1525 and the objectives the compre- hensive plan. This right-of-way classification map, as adopted and amended from time to time, shall have the full force as if its provisions were fully set forth within this chapter. (Ord. No. 90-43, § 2(110.15), 2-27-90) Cross references —Rights-o£--way, § 13-26 et seq.; subdivi- sion improvements, § 20-176 et seq.; public improvement as- sessments, § 20-206 et seq. Sec. 22.1473. When public improvements must be installed. (a) The applicant shall provide the improve- ments required by this article if the applicant en- gages in any activity which requires a develop- ment permit, except for the following: (1) The applicant need not comply with the pro- vision of this article if the proposed improve- ments in any 12-month period do not ex- ceed 25 percent of the assessed or appraised value (based on an MAI appraisal provided by the applicant) of all structures on the subject property, whichever is greater. (2) The applicant need not comply with the pro- visions of this article if, within the imme- diately preceding four years, public im- provements were installed as part of any subdivision or discretionary land use. ap- proval under this or any prior zoning code. (b) Right-of-way adjacent to and within subdi- vision and short subdivisions must be dedicated and improved consistent with the requirements of this article, unless different requirements are. im- Supp. No. 2 1616 ZONING posed by the city as part of the subdivision or short subdivision approval. (Ord. No. 90-43, § 2(110.20), 2-27-90) Cross references —Streets, sidewalks and other public places, ch. 13; rights -of -way, § 13-26 et seq.; subdivision re- quired improvements, § 20-176 et seq.; drainage program, § 21.26 et seq. Sec. 22.1474. Required public improvements. (a) Generally. The development standards por- tion of sections 22-1524 and 22-1525 establish the improvements that must be installed, based on the classification of the various rights -of -way within the city. The applicant shall, consistent with the provisions of this article, install all im- provements established in sections 22-1524 and 22-1525 along the entire frontage and width of each right-of-way, other than alleys, that abuts the subject property. (b) Additional dimensions and improvements. The applicant may increase the dimensions of any required improvement or install additional im- provements within the right-of-way with the written consent of the public works director. (c) Authority to require dedication. If a right- of-way abutting the subject property has inade- quate width based on the requirements in sec- tions 22-1524 and 22-1525, the applicant shall dedicate a. portion of the subject property parallel to the right-of-way and equal in width to the dif- ference between the present right-of-way width and the width required by sections 22-1524 and 22-1525 for that right-of-way. The public works director may waive additional dedication or may permit dedication of a lessor amount of the sub- ject property for additional right-of-way width if: (1) It is likely to anticipate that, within the near future, the private property across the right-of-way will be required to dedicate property for public right-of-way; or (2) The reduction in the required right-of-way width will nonetheless provide adequate room for all improvements, infrastructure and functions within the right-of-way. All dedications under this subsection shall be by conveyance through a statutory warranty deed. § 22-1474 (d) Partial right-of-way improvements. Where a right-of-way abutting the subject property does not, even after dedications required under subsection (c) of this section, contain adequate width to in- stall all of the improvements required within that right-of-way under this article, the applicant shall install improvements within the right-of-way which will provide a safe and efficient right-of-way and which will facilitate completion of all right- of-way improvements required in this article at a later date. The specific extent and nature of im- provements, where full right-of-way width is not available, will be determined by the public works director on a case by case basis. (e) Easements. The public works director may require the applicant to grant such easements over, under and across the subject property as are reasonably necessary or appropriate under the cir- cumstances, including, but not limited to ease- ments for the following: (1) Pedestrian access and sidewalks. (2) Street lighting. (3) Traffic control devices. (Ord. No. 90-43, § 2(110.25), 2-27-90) Supp. No. 2 1617 VrX 0 § 22-1473 FEDERAL WAY CITY CODE Sec. 22-1473. When public improvements must be installed. [al The applicant shall provide the improve- ments required by this article if the applicant en- gages in any activity which requires a develop- ment permit, except for the foilowing- (1) The applicant need not comply with the pro- vision of this article if the proposed improve- ments in any 12-month period do not ex- ceed 25 percent of the assessed or appraised value (based on an MAI appraisal provided by the applicant) of all structures on the subject property, whichever is greater. (2) The applicant need not comply with the pro- visions of this article if, within the imme- diately preceding four years, public im- provements were installed as part of any subdivision or discretionary land use ap- proval under this or any prior zoning code. (b) Right-of-way adjacent to and within subdi- vision and short subdivisions must be dedicated and improved consistent with the requirements of this article, unless different requirements are im- posed by the city as part of the subdivision or short subdivision approval. (Ord..No. 90-43, § 2(110.20), 2-27-90) Cross references —Streets, sidewalks and other public places, ch. 13; rights -of -way, § 13-26 et seq.; subdivision re- quired improvements, § 20-176 et seq.; drainage program, § 21.26 et seq. Sec. 22-1474. Required public improvements. (a) Generally. The development standards por- tion of sections 22-1524 and 22-1525 establish the improvements that must be installed, based on the classification of the various rights -of -way within the city. The applicant shall, consistent with the provisions of this article, install all im- provements established in sections 22-1524 and 22-1525 along the entire frontage and width of each right-of-way, other than alleys, that abuts the subject property. (b) Additional dimensions and improvements. The applicant may increase the dimensions of any required improvement or install additional im- provements within the right-of-way with the written consent of the public works director. (c) Authority to require dedication. If a ril of -way abutting the subject property has ini quate width based on the requirements in tions 22-1524 and 22-1525, the applicant si dedicate a portion of the subject property pars to the right-of-way and equal in width to the ference between the present right-of-way wi and the width required by sections 22-1524: 22-1525 for that right-of-way. The public wi director may waive additional dedication or permit dedication of a lessor amount of the i ject property for additional right-of-way widtl (1) It is likely to anticipate that, within near future, the private property across right-of-way will be required to dedi property for public right-of-way; or (2) The reduction in the required right -of: width will nonetheless provide adegi room for all improvements, infrastruc and functions within the right-of-way. All dedications under this subsection shalt; conveyance through a statutory warranty de (d) Partial right -of way improvements. Whe right-of-way abutting the subject property does even after dedications required under subset (c) of this section, contain adequate width ti stall all of the improvements required within right-of-way under this article, the applicant: install improvements within the right -of - which will provide a safe and efficient right -of and which will facilitate completion of all ri of -way improvements required in this article later date. The specific extent and nature of provements, where full right-of-way width it available, will be determined by the public,4 director on a case by case basis. (e) Easements. The public works directorr1, require the applicant to grant such easeml over, under and across the subject property as reasonably necessary or appropriate under the cumstances, including, but not limited to e,, ments for the following: (1) Pedestrian access and sidewalks. (2) Street lighting. (3) Traffic control devices. (Ord. No. 90-43, § 2(110.25), 2-27-90) Sec. T1 inst, way prop neli: nece lati( attr: erty may obli; the pro% ject dire to p) the the the imp (Or( Sec A inp Tm fror. tra( (Ors Sec T wai con: rea: 1618 ZONING Sec. 22.1475. Additional improvements. The city may require the applicant to pave or install additional improvements within rights -of - way, either abutting or not abutting the subject property. This may include traffic signals, chan- nelizations, turn lanes, and other improvements necessary or appropriate to improve traffic circu- lation and safety, the need for which is directly attributable to development of the subject prop- erty. Where appropriate, the public works director may permit the applicant to fulfill the applicant's obligation under this section by paying to the city the pro rata share of the costs of the required im- provements attributable to development of the sub- ject property, as determined by the public works director. The city may also require the applicant to provide traffic studies and other data describing the traffic impacts of the proposed development, the need for improvements under this section, and the reasonable pro rata share of the costs of these improvements to be borne by the applicant. (Ord. No. 90-43, § 2(110.30), 2-27-90) Sec. 22.1476. Traffic control devices and signing. All traffic control devices and pavement mark- ings shall conform to the "Manual on Uniform Traffic Control Devices" (M.U.T.C.D.) as adopted, from time to time, by the state department of transportation. (Ord. No. 90-43, § 2(110.55), 2-27-90) Sec. 22-1477. Modifications, deferments and waivers. The public works director may modify, defer or waive the requirements of this article only after consideration of a written request for the following reasons: (1) The improvement as required would not be harmonious with existing street improve- ments, would not function properly or safely or would not be advantageous to the neigh- borhood or city as a whole. (2) Unusual topographic or physical conditions preclude the construction of the improve- ments as required. § 22-1496 (3) Proper vertical or horizontal alignments cannot be determined because the existing streets do not have correct alignments. (4) The required improvement is part of a larger project that has been scheduled for construction in the city's capital improve- ment program. (Ord. No. 90-43, § 2(110.60), 2-27-90) Sec. 22.1478. Bonds. The city may require or permit a bond under section 22-146 et seq. to insure compliance with any of the requirements of this article. (Ord. No. 90-43, § 2(110.65), 2-27-90) Cross reference —Bond procedure, § 22-146 et seq. Secs. 22.1479-22-1495. Reserved. DIVISION 2. VEHICULAR ACCESS EASEMENTS IMPROVEMENTS* Sec. 22.1496. When required. If access to the subject property is over a vehic. ular access easement or tract, the applicant shall; except as specified in section 22-1497, install im- provements within the vehicular access easement or tract consistent with the requirements for rights-of=way, as established in this article, from the point the subject property obtains access to the vehicular access easement or tract to the nearest intersecting right-of-way. The public works director shall determine which of the provisions of sections 22-1524 and 22-1525 apply to the ve- hicular access easement or tract based on the clas- sification criteria of those charts. (Ord. No. 90-43, § 2(110.35(1)), 2-27-90) *Cross references —Rights -of -way, § 13.26 et seq.; traffic and motor vehicles, ch. 15; subdivision improvements, § 20.176 et seq.; yard requirements for driveways, parkingareas, fences, structtre protruding beyond exterior walls of a structure. re- taining walls, walkways, and certain other improvenuvnts or structures. § 22-1133; one-way streel s rind streets with nirdian barrier requirements, § 22.1158; supplementary district reg- olalion irquirements for vehicles and•hoats, § 22.1176 et seq off street parking requirements. § 22-1376 et sell_ 1619 § 22-1497 Sec. 22.1497. Exceptions. FEDERAL WAY CITY CODE The following provisions of this division shall not apply: (1) If the vehicle access easement or tract that does not have adequate width for the in- stallation of the improvements required by this article, the public works director shall determine the nature and extent of the im- provements to be installed in the vehicle access easement or tract on a case by case basis. At a minimum the vehicle access easement or tract must have a concrete or asphalt surface at least 20 feet in width. (2) Streetlights are required at the intersec- tion of a vehicular access easement or tract and a right-of-way, but not at any other location within the vehicular access ease- ment or tract, unless specifically required by the public works director. (3) Notwithstanding any other provision in this article, vehicular access easements and tracts must comply with applicable stan- dards of the serving fire district. (Ord. No. 90-43, § 2(110.35(2)), 2-27-90) Sec. 22.1498. Easement or tract to be unob- structed. The entire width of a vehicular access easement or tract must remain unobstructed at all times up to a height of 16 feet above the surface of the vehicular access easement or tract. No parking or structures are permitted in this area. (Ord. No. 90-43, § 2(110.35(3)), 2-27-90) Sec. 22.1499. Setback required. The paved surface of a vehicular access ease- ment or tract must be set back at least five feet from any adjacent property which does not re- ceive access from that vehicular access easement or tract. ford. No. 90-43, § 2(110.35(4)), 2-27-90) Sec. 22-1500. Recording required. If access to the subject property is by a vehic- ular access easement or tract, the right of each served property and the responsibility of the served properties to construct, maintain and reconstruct; the improvements within the vehicular access easement or tract must be established by written document approved by the city attorney. This doc- ument must be recorded in the county to run with all affected properties. (Ord. No. 90-43, § 2(110.35(5)), 2-27-90) Secs. 22.1501-22.1515. Reserved. DIVISION 3. RIGHT-OF-WAY IMPROVEMENTS* Sec. 22-1516. Construction standards and specifications. (a) Generally. The public works director shall prepare and make available for distribution ad- ministrative standards and specifications for right- of-way construction based on current and gener- ally accepted engineering practices. The standards shall include specifications and/or drawings for rights -of -way cross -sections, safety railings and guardrails, appurtenances within the street, sur- facing requirements, illumination, trench back - fill and restoration, drainage, utilities, construc- tion materials, survey monuments and other related construction elements. (b) Interim standards. Until permanent stan- dards are prepared as described in subsection (a) of this section, the construction standards speci- fied in King County Ordinance No. 8041, King County Road Standards, 1987, will apply except where indicated otherwise in sections 22-1517 through 22-1523. Where there are conflicts, the provisions establishing the larger or more intense requirements shall be followed. . (c) Enforcement. The standards and specifica- tions adopted or incorporated under this section shall have the full force as if set forth in this chapter. ,.Ord. No. 90-43, § 2(110.40), 2-27-90) Cross references —Rights -of -way, § 13.26 et seq.; subdivi- sion required improvements, § 20.176 et seq. *Cross references —Rights -of -way regulations, § 13.26 et seq.; yard requirements for driveways, parking areas, fences, structure protruding beyond exterior walls of a structure, re- taining walls, walkways, and certain other improvements or structures, § 22.1133; one-way streets and streets with median barrier requirements, § 22.1158; landscape requirements for offstreet parking areas, § 22-1444. Sec N. imr of-v strl: (Or, C sion Se( (t cat, Un- the 19E 0 of i she ren of (Or C Sec in rig: be Ian be adc pla gui dir. (OI C seal Set sec tio: 1620 ess :en .oc- ith rid all,' id-... ht. er- •ds :or ad xr- :k- I er ;a) I pt... 17 a- 3n is V 1- et es, .e- or ZONING See. 22-1517. Medians. Medians may be required on arterial streets to improve traffic circulation and enhance right- of-way appearance. When medians are con- structed, the following standards shall apply: (1) Edges shall be vertical curb in urban areas. (2) Landscaping and irrigation are required. (3) Medians shall be designed not to limit turning radius or sight distance_ at inter- sections and driveways. (Ord. No. 90-43, § 2(110.45(1)), 2-27-90) Cross references —Rights -of -way, § 13-26 et seq.; subdivi- sion required improvements, § 20-176 et seq. Sec. 22.1518. Bicycle facilities. (a) Bicycle facilities shall be installed as indi- cated on the bicycle/pedestrian facilities plan. Until such time as a permanent plan is completed, the King County General Bicycle Plan, Focus 1990, shall be the interim plan. (b) When bicycle facilities are provided as part of the right-of-way design and installation, they shall meet the standards defined in the most cur- rent version of the Washington State Department of Transportation Design Manual, M 22-01. (Ord. No. 90-43, § 2(110.45(2)), 2-27-90) Cross reference —Bicycles, § 15-191 et seq. Sec. 22-1519. Landscaping. Installation of landscape strips and street trees in arterial rights -of -way shall be required as rights -of -way are constructed. Street trees shall be installed in conformance with a right-of-way landscaping plan, and planting specifications to be adopted by the public works director. Until adoption of a right-of-way landscaping plan and planting specifications, interim administrative guidelines shall be adopted by the public works director based on standard landscaping practices. (Ord. No. 90-43, § 2(110.45(3)), 2-27-90) Cross references —Rights -of -way, § 13-26 et seq.; land- scape requirements, § 22-1561 et seq. Sec. 22.1520. Sidewalks. Sidewalks shall be installed as established in sections 22-1524 and 22-1525 for each classifica- tion of right-of-way. Sidewalk widths may be re- § 22-1523 quired above the minimum in areas where special design standards have been adopted. (Ord. No. 90-43, § 2(110.45(4)), 2-27-90) Cross references —Streets, sidewalks and other public places, ch. 13; subdivision improvements, § 20-176 et seq. Sec. 22-1521. Utilities. All required utilities shall be installed under- ground as rights -of -way are constructed. If the city determines that undergrounding is not fea- sible at the time the right-of-way is constructed, the applicant must sign a concomitant agreement to pay the subject property's fair share of under - grounding the utilities at some future date when undergrounding is feasible. This concomitant agreement shall be recorded with the county at the expense of the applicant and shall run with the property. (Ord. No. 90-43, § 2(110.45(5)), 2-27-90) Cross references —Utilities, ch. 16; subdivision required improvements, § 20.176 et seq. Sec. 22-1522. Street lighting. Street lighting shall be required on all rights - of -way, except neighborhood access streets and culs-de-sac. (Ord. No. 90-43, § 2(110.45(6)), 2-27-90) Cross references —Rights -of -way, § 13726 et seq.; subdivi- sion required improvements, § 20.176 et seq. Sec. 22.1523. Other necessary improvements. The applicant shall install any other improve- ments necessary for the proper operations or main- tenance of the improvements required by or under this chapter, as determined by the public works director. (Ord. No. 90-43, § 2(110.45(7)), 2-27-90) AIL 1621 § 22-1524 FEDERAL WAY CITY CODE Sec. 22-1524. Arterial rights -of -way. Sec The following chart illustrates the development standards for each classification: T) CLASSMCATCON PRINCIPAL ARTERIAL MINOR ARTERIAL COLLECTOR tion w ARTERIAL Enter-0ommunityroadwaysoan- Intracommunityroadweyscon- Intra-community roadways con- w U z FUNCTION netting larger community cen- necting community centers and netting residential neighbor` = O tare and facilities. facilities. hoods with community center, cal d and facilities, a wControlled with very restricted Partially controlled with infre- Partially controlled with infre. m ACCESS access to a scent ro di property. quent access to abutting prop- quent access to abutting prop. �5 ertiee. ernes."d7+ !2 O AVERAGE DAILY TRAFFIC (x 1000) 20+ 8 - 30 3.9 v A. Design Spaed (mph) Flat 65 55 50 Rolling 45 45 40 Mountainous 35 35 35 E. Min. Radius (it) Flat 1200 960 760 Rolling 760 600 465 Mountainous 465 410 350 C. Max. Grade (96) Flat 6 6 7 m Rolling 7 8 10 y Mountainous 9 10 12 p D. Min. Right -of -Way z E (tt) 2 Lane — 6D +� 4 Lane 8o 80 5 Lane 100 100 m Pavement S Q Width (R) 2 Lane — — 40 'a 3 Lane — 36 w w 4 Lane 48 48 0 A 5 Lane 60 60 F. Type of Curb' Vertical Vertical Vertical G. Max. Super Eleva- tion .06 R/ft .06 ft/ft .06 ft/R H. Sidewalks a' 8, 5, I. Street Trees 30' o.c. 30' o.c. 30' o.c. s J• Mom' See Sec. 22-1517 See Sec. 22.1517 See Sec. 22-1517 K. Landscaping/ Utility Strip Min. 4' Min. 4' Min. 4' 1. vertical curb shall conform to "Cement Concrete Curb and Gutter" as shown on Standard Drawing No. 9, King County Ro=id (Orc Standards, latest edition. Cr (Ord. No. 90.43, § 2(chart 110-1), 2-27-90) Cross references —Rights -of -way, § 13-26 et seq.; subdivision required improvements, § 20.176 et seq. 1622 ZONING Sec. 22.1525. Local rights -of -way. § 22.1525 The following chart illustrates the development standards for local rights -of -way for each classifica- tion: CLASSIFICATION INDUSTRIAL/ RESIDENTIAL NEIGHBORHOOD CUL-DE-SAC COMMERCIAL COLLECTOR ACCESS Local streets providing Inter -neighborhood Neighborhood streets Permanentlydeadended access for business, com- streets connecting two or providing access to resi- streets (600' max, length FUNCTION mercial, industrial and more neighborhoods and dences, and connecting from centerline of inter - multifamily facilities not providing inter. neighborhood streets to secting street). serving as arterials. residential travel. the collector system. Partially controlled Primarily for access to .Access to abutting prop- Access to abutting prop - .ACCESS abutting lots and to -erties connecting to col- erties with bulb turn neighborhood streets. lector streets. around AVERAGE DAILY TRAFFIC 3,000 - 12,000 UNDER 4,000 UNDER 4,000 LESS THAN 600 A. Design Speed (mph) Flat 55 35 35 35 Rolling 45 35 30 30 Mountainous 35 25 25 25 B. Min. Radius (ft) Flat 760 380 380 380 Rolling 465 380 273 273 Mountainous 350 185 185 185 C. Max. Grade M Flat 6 7 8 8 Rolling 8 10 12 12 Mountainous 11 12 15 15 D. Min. Right - of -Way (ft) 60 60 50 50 E. Min. Pavement Width 40 40 28 28 F. Type of Curb' Vertical Vertical Vertical or Rolled Curb Vertical or Rolled Curb G. Max. Super Ele- vation .06 fVft .06 ft/ft .06 ft/ft .06 ft/ft H. Sidewalks 5' 6' 5' Optional I. Street Trees 30' o.c. 30' o.c. Optional Optional J. Median Optional N/A N/A N/A K. Landscaping( Utility Strip Min. 4' Min. 4' Min. 4' Min. 4' _ 1. Vertical curb shall conform to "Cement Concrete Curb and Gutter" and rolled curb shall conform to "Cement Concrete all _ed Curb," both as shown on Standard Drawing No. 9, King County Road Standards, latest edition. 2. Radius minimum 45 ft. with landscaped island: (Ord. No. 90-43, § 2(chart 110-2), 2-27-90) Cross references —Rights -of -way, § 13.26 et seq.; subdivision required improvements, § 20.176 et seq. Supp. No. 2 1623 § 22-1526 FEDERAL WAY CITY CODE Secs. 22-1526-22-1540. Reserved. Secs. 22-1544-22.1560. Reserved. DIVISION 4. DRIVEWAYS* Sec. 22-1541. Scope. ARTICLE XVII. LANDSCAPING - This division establishes requirements for the location and width of driveways. See also provi- sions of section 22-1376 et seq. for other related requirements. (Ord. No. 90-43, § 2(110.50), 2-27-90) Sec. 22.1542; Width. The maximum width of driveways, excluding flaring as approved by the public works director, is as follows: (1) For driveways that serve only residential uses, the maximum driveway width is 20 feet for a two-way driveway and ten feet for a one-way driveway. (2) For driveways that serve uses other than residential uses, the maximum driveway width is 30 feet for a two-way driveway that intersects an arterial street, 26 feet for a two-way driveway that intersects a local street and 22 feet for any one-way driveway. (Ord. No. 90-43, § 2(110.50(1)), 2-27-90) Sec. 22-1543. Separation of driveways. (a) Driveways that serve any use other than detached dwelling units may not be located closer than 150 feet to any street intersection or to any other driveway, whether on or off the subject prop- erty. Driveways that serve only residential use may not be located closer than 25 feet to any street intersection. (b) There may be no more. than one driveway for each 150 feet of lot frontage. The city may further limit or prohibit access to or from drive- ways onto arterial streets. (Ord. No. 90-43, § 2(110.50(2)), 2-27-90) *Cross references —Buildings and building regulations, ch. 5; rights -of -way, § 13-26 et seq.; required improvements in subdivisions, § 20.176 et seq.; one-way streets and streets with median barrier requirements, § 22-1158; yard requirements for driveways, parking areas, fences, structure protruding be- yond exterior walls of a structure, retaining walls, walkways, and certain other improvements or structures, § 22-1133. Sec. 22-1561. Purpose. The purpose of this article is to: (1) Provide minimum standards for land- scaping in order to maintain and protect property values and to enhance the general appearance of the city. (2) Encourage creative landscaping designs that utilize native vegetative species, drought tolerant species, and retain nat- ural vegetation, in order to reduce the im- pact of development on the water resources of the city. (3) Respond to state -level mandates for action in such areas as water conservation, en- ergy conservation, enhancement of water quality, and improvement of air quality. (4) Reflect current city planning goals, urban design standards, and ecological awareness. (5) Provide an appropriate amount and quality of landscaping related to all land use in the city. tEditor's note —Ord. No. 93-170, § 3, adopted April 20, 1993, repealed former Art. XVII, §§ 22-1561-22-1577, rela- tive to landscaping, and § 4(Exh. A) of said Ord. No. 93.170 enacted a new Art. XVII to read as herein set out. The provi- sions of former Art. XVII derived from Ord. No. 90-43, § 2, adopted Feb. 27, 1990. Cross references —Density regulations for subdivision im- provements, § 20.177; landscaping protection and enhance- ment requirements in the subdivision regulations, § 20-186; conformance requirements for nonconforming buffers in the zoning regulations, § 22-336; specific district regulations for zones, § 15-576 et seq.; supplementary district regulations, § 22-946 et seq.; distance requirements for planting of certain trees in rights -of -way or near utilities, § 22-962; land modifi- cation restrictions and requirements, § 22.1091 et seq.; site distance requirements at intersections, § 22-1151 et seq.; site design requirements for environmentally sensitive areas, § 22-1266 et seq.; regulations regarding slopes, § 22-1286; reg- ulations regarding land surface modification improvements or landscaping around streams or other waterways, § 22-1306 et seq.; off-street parking regulations, § 22.1376 et seq.; modifi- cation of landscape requirements for offstreet parking, § 22- 1400; landscaping requirements for rights -of -way, § 22-1519. Supp. No. 2 1624 ZONING (6) Establish a minimum level of regulation that reflects the purposes of this chapter. (7) Provide for design flexibility. (8) Retain significant trees, a valuable natural resource of the community. (Ord. No. 93-170, § 4, 4-20-93) Sec. 22-1562. Applicability. This article shall apply to all development ap- plications in the city, with the exception of indi- vidual single-family residential lots which shall only comply with the requirements of section 22- 1568, Significant Trees, for preservation of signif- icant trees. (Ord. No. 93-170, § 4, 4-20-93) Sec. 22-1563. Landscape plan approval. (a) No permit shall be issued to erect, construct or undertake any development project without prior approval of a landscape plan by the depart- ment of community development. (b) Required landscape plans for all projects that are subject to the site plan review process as set forth in Article V of this Chapter shall be pre- pared by a Washington State licensed landscape architect. (Ord. No. 93-170, § 4, 4-20-93) Sec. 22.1564. General landscaping require- ments —All zones. (a) All portions of a lot not used for buildings, future buildings, parking, storage or accessory uses, and proposed landscaped areas shall be re- tained in a "native" or predeveloped state. The department of community development may allow or require supplemental plantings in these areas, pursuant to the provisions of this chapter. (b) All outside storage areas shall be fully screened by Type I landscaping a minimum of five feet in width, as described in section 22.1565(a), unless determined by the community develop- ment review committee (CDRC) that such screening is not necessary because stored mate- rials are not visually obtrusive. (c) Slopes in areas that have been landscaped with lawn shall generally be a three to one (3:1) § 22-1564 ratio or less, width to height, to assist in mainte- nance and to allow irrigation systems to function efficiently. In other areas of plantings, a slope of up to a two to one (2:1) ratio, width to height, may be used if acceptable to the public works director, upon review of a geo-technical/soils study sub- mitted by an applicant to ensure soil slope integ- rity. (d) All trash enclosures shall be screened from abutting properties and/or public rights of way by a 100 percent sight -obscuring fence or wall and appropriate landscape screen. ,Ficgure i — sec. 22-1564 (d) . (e) Type III landscaping, defined in section 22- 1565(c), shall be placed outside of sight -obscuring fences abutting public right-of-ways and/or ease- ments unless determined by the director of com- munity development that such arrangement would be detrimental to the stated purpose of this ar- ticle. (f) With the exception of lawn areas, at least 25 percent of new landscaping materials (i.e. plants, trees, and groundcovers) shall consist of drought - tolerant species. All developments are encour- aged to include native Pacific Northwest and drought -tolerant plant materials for all projects. (g) Deciduous trees shall have a caliper of at least one and one-half (1.5) inches at the time of planting measured four and one-half (4.5) feet above the root ball or root structure. (h) Evergreen trees shall'be a minimum six feet in height (measured from tree top to the ground) at the time of planting. Supp. No. 2 1625 § 22-1564 FEDERAL WAY CITY CODE (i) Shrubs shall be a minimum 12 to 24 inches in height (measured from top of shrub to the ground) at the time of planting based on the fol- lowing: 1. Small shrubs-12 inches. 2. Medium shrubs-18 inches. 3. Large shrubs-24 inches. 0) Ground covers shall be planted and spaced, using a triangular planting arrangement, to re- sult in total coverage of a landscaped area within three years. (k) Areas planted with grass/lawn shall: . (1) Constitute no more than 75 percent of land- scaped areas, provided, there shall be an exception for biofiltration swales; and (2) Be a minimum of five feet wide at the smallest dimension. (1) Grass and required landscaping areas shall contain at least four inches of topsoil at finish grade. (m) Existing clay or sandy soils shall be aug- mented with an organic supplement. (n) Landscape areas shall be covered with at least two inches of mulch to minimize evapora- tion. (o) In order to reduce irrigation requirements, design principles using xeriscape techniques are encouraged. In meeting water conservation goals, and to deliver appropriate amounts of water nec- essary to maintain planted vegetation, species that are not drought tolerant should be grouped to- gether and have irrigation systems, and be sepa- rated from any other irrigation system provided for drought. tolerant species. (p) Mulch shall be used in conjunction with land- scaping in all planting areas to meet Xeriscaping goals, assist vegetative growth and maintenance or to visually compliment plant material. Non - vegetative material shall not be an allowable sub- stitute for plant material. (q) All development shall comply with City of Federal Way street tree requirements (See the City f Federal Way Right -of -Way Vegetation Stan- aards and Specifications Manual). (r) landscaping and fencing shall not violate the sight distance safety requirements at street inter- sections and points of ingress/egress for the devel- opment. (s) All tree types shall be spaced appropriate for the compatibility of the planting area and the canopy and root characteristics of the tree. (t) All permanent lawn or sod areas shall have permanent irrigation systems. (u) Screening of blank building walls. Building walls which are uninterrupted by window, door, or other architectural.feature, that are 240 square feet or greater in area, and not located on a prop- erty line, shall be screened by landscaping. Such planting shall include trees, shrubs and ground - cover appropriate for the area proposed. (v) Foundation landscaping is encouraged for all developments to reduce the scale, bulk and height of structures. (w) All loading areas shall be fully screened from public right of way or non -industrial/ manufacturing uses with Type I landscaping., O 0 Eght loot hyh oWgw 0""n x .s• STREET Figure 2 - Sec. 22-1564(w) W Use of products made from post consumer waste is encouraged whenever possible. (y) Soil in parking lot landscaped areas must be noncompacted to a depth of 18 "inches prior to planting of any shrubs, trees, or ground covers. (z) Landscaping shall not be required along in- terior lot lines within a development where parking is being shared. (Ord. No. 93-170, § 4, 4-20-93) c Supp. No. 2 1626 ZONING Sec. 22-1565. Landscaping types. (a) Type I —Solid Screen. (1) Purpose. Type I landscaping is intended to provide a solid sight barrier to totally sep- arate incompatible land uses. This land- scaping is typically found between residen- tial and incompatible nonresidential land use zones (i.e. manufacturing park and city center or residential, etc.), and around out- door storage yards, service yards, loading areas, mechanical or electrical equipment, utility installations, trash receptacles, etc. (2) Description. Type I landscaping shall con- sist of evergreen trees, tan shrubs and groundcover, which will provide a 100 per- cent sight -obscuring screen within three years from the time of planting; OR a com- bination of approximately 75 percent ever- green and 25 percent deciduous trees, with an allowable five percent variance, with large shrubs, and groundcover backed by a 100 percent sight -obscuring fence. Tree, shrub, and groundcover spacing shall be ap- propriate for the species type, and consis- tent with the intent of this section. �jEG-f oN �i1�•l 7 i•' xiKsr•A�f�4ef'�l1� u��l�i �• • .y Fiqurn 3 - Sec. 22-1565(a) (b) Type II —Visual Screen. (1) Purpose. Type II landscaping is intended to create a visual separation that may be less than 100 percent sight -obscuring between incompatible land use tones. This land- scaping is typically found between commer- cial and industrial zones; high density mul- § 22.1565 tifamily and single family zones; commercial/office and residential zones; and to screen industrial uses from the street. (2) Description. Type II landscaping shall be evergreen OR a combination of approxi- mately 60 percent evergreen and 40 per- cent deciduous trees, with an allowable five percent variance, interspersed with large shrubs and ground cover. A sight -obscuring fence may be required if determined by the CDRC that such a fence is necessary to re- duce site specific adverse impacts to the ad- jacent land use. Trees, shrub, and ground - cover spacing shall be appropriate .for the species type, and the intent of this section. 4u 'rj �) V541 Inn G i ki 111s-411W _ �acu.4D�'aT�. it Figure 4 - Sec. 22-1565(b) (c) Type III —Visual Buffer: (1) Purpose. Type III landscaping is intended to provide partial visual separation of uses from streets and main arterials and be- tween compatible uses so as to soften .the appearance of parking areas and building elevations. (2) Description. Type III landscaping shall be a mixture of evergreen and deciduous trees interspersed with large shrubs and ground cover. Tree, shrub, and groundcover spacing shall be appropriate for the species type, and the intent of this section. Supp. No. 2 1627 § 22-1565 GN �S0--114IF� � lIIY�011 imI i I..m Figure 5 - Sec. 22•-1565 (c) FEDERAL WAY CITY CODE fLAV-1 (d) Type IV —Open Area Landscaping. (1) Purpose. Type IV landscaping is primarily intended to provide visual relief and shading while maintaining clear sight lines typically used within vehicular paved areas. (2) Description. Type IV landscaping shall con- sist of trees planted with supporting shrubs and groundcover. Shrubs shall be pruned at 40 inches in height, and the lowest tree branches shall be pruned to keep an eight - foot clearance from the ground. One tree per landscape island up to 150 square feet shall be .planted. One additional tree shall be planted for landscape islands up to 305 square feet. Tree, shrub, and groundcover spacing shall be appropriate for the species type, and the intent of this section. See sec- tion 22-1567 for location of Type IV landscaping. 5f G'rION �t�l � y i - tu I'sl.4�t� Figure 6 - Sec. 22-1566(d) ,,)rd. No. 93-170, § 4, 4-20-93) Sec. 22-1566. Landscaping requirements by zoning district. (a) Suburban Estates, SE. (1) Type III landscaping ten feet in width shall be provided along all property lines of non- residential uses in the SE zoning district, except as provided in section 22-1667 of this article. (b) Single Family Residential, RS. (1) Type III landscaping ten feet in width shall be provided along all property lines of non- residential uses in the RS zoning districts, except as provided in section 22-1567 of this article. (c) Multi -Family Residential, RM. (1) Type III landscaping 20 feet in width shall be provided along all public rights -of -way and ingress/egress easements. (2) Type II landscaping 20 feet in width shall be provided along the common boundary abutting single family zoning districts. (3) Type III landscaping 10 feet in width shall be provided along all perimeter lot lines, except as noted in (1) and (2) of this subsec- tion. (d) Professional Office, PO. (1) Type III landscaping eight feet in width shall be provided along all property lines abutting public rights -of -way and access easements. (2) Type I landscaping ten feet in width shall be provided along all perimeter property lines abutting a residential zoning district except for schools which shall provide ten feet of Type II. (3) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in (1) and (2) of this subsec- tion. . (e) Neighborhood Business, BN. (1) Type III landscaping five feet in width shall be provided along all properties abutting C Supp. No. 2 1628 ZONING public rights -of -way and ingress/egress ease- ments. (2) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (3) Type III landscaping five feet in width along all perimeter lot lines except as noted in (1) and (2) of this subsection. (f) Community Business, BC. (1) Type III landscaping five feet in width shall be provided along .all properties abutting public rights -of -way and ingress/egress ease- ments. (2) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (3) Type III landscaping five feet in width shall be provided along all perimeter lots lines except as noted in (1) and (2) of this subsec- tion. (g) City Center, CC. (1) Type III landscaping five feet in width shall be provided along the perimeter of parking areas abutting public rights -of -way. (2) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (3) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in (1) and (2) of this subsec- tion. (h) Office Park, OP. (1) Type III landscaping ten feet in width shall be provided along all property lines abut- ting public rights -of -way and access ease- ments. (2) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (3) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in (1) and (2) of this subsec- tion. (i) Manufacturing Park, MP. § 22-1667 (1) Type II landscaping ten feet in width shall be provided along all property lines abut. ting public rights -of -way and access ease- ments. (2) Type I landscaping 25 feet in width shall be provided along the perimeter of the prop- erty abutting a residential zoning district. (3) Type II landscaping ten feet in width shall be provided along the perimeter of the prop- erty abutting a non-residential zoning dis- trict, except MP zones. (4) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in (1), (2), and (3) of this subsection. (Ord. No. 93-170, § 4, 4-20-93) Sec. 22.1567. Parking lot landscaping. (a) Purpose. The purpose of this section is to break up large areas of impervious surfaces, mit- igate adverse impacts created by vehicle use areas which include noise, glare and increases in heat reflection by buffering, screening adjacent prop- erties and shading, respectively, to facilitate move- ment of traffic, and improve the physical appear- ance of vehicle use areas. (b) Type IV Landscaping. Type IV landscaping shall be provided within surface parking areas as follows: (1) Required interior lot landscaping. Land- scape area shall be provided at the following rate within paved areas: a. Commercial, industrial, and institu- tional developments shall provide the following: i. Twenty square feet per parking stall when up to 49 parking stalls are provided; and ii. Twenty-two square feet per parking stall when 50 or more parking stalls are being provided. b. Residential developments with common parking areas including, but not lim- ited to, subdivisions, PUDs or multi- Supp. No. 2 1628.1 22.1567 FEDERAL WAY CITY CODE family, shall provide landscape areas at a rate of 15 square feet per parking stall. (c) Landscape islands. Landscape islands shall be a minimum size of 64 square feet and a max- imum of 305 square feet, and a minimum width of six feet at the narrowest point for islands at the end of 90 degree parking rows, three feet at the end of rows with angled parking, and eight feet in width for islands used to separate head -to -head parking stalls and shall be provided at the fol- lowing locations: (1) At the end of all rows of parking; and (2) For separation buffering between loading doors or maneuvering areas and parking areas or stalls; and (3) Any remaining required landscaping shall be dispersed throughout the interior parking area in a manner to reduce visual impact of the parking lot. (4) Deciduous trees are preferred for landscape islands within interior vehicle use areas. Figure 7 - Sec. 22-1567(c) (d) Curbing. Permanent curbing shall be pro- vided in all landscape areas within or abutting parking areas. Based upon appropriate surface water considerations, other structural barriers .y be substituted for curbing, such as concrete neel stops. fs1f�61 jxar f:r wagCe� �t,P Figure 8 - Sec. 22- 1567 (d) (e) Parking areas/screening for rights -of -way. (1) Parking areas adjacent to public right- of-way shall incorporate berms at least three feet in height within perimeter land- scape areas; or alternatively, add substan- tial shrub plantings to the required perim- eter landscape type, and/or provide architectural features of appropriate height with trees, shrubs and groundcover, in a number sufficient to act as efficient substi- tute for the three-foot berm, to reduce the visual impact of parking areas and screen automobiles, and subject to approval by the director of community development. (2) Parking adjacent to residential zones shall reduce the visual impact of parking areas and buffer dwelling units from light, glare, and other environmental intrusions by pro- viding Type I landscaping within required perimeter landscape areas. M Vehicular overhang. Vehicular overhang into any landscaping area shall not exceed two feet. (g) Landscaping and irrigation. (1) All landscape islands within parking areas shall use drought tolerant trees, shrubs and ground covers. Lawn shall not be permitted in landscape islands less than 200 square feet and shall be used as an accessory Supp• No. 2 1628.2 ZONING planting material to required trees, shrubs, and other groundcovers. (2) No plant material greater than 12 inches in height shall be located within two feet of a curb or other protective barrier in land- scape areas adjacent to parking spaces and vehicles use areas. (Ord. No. 93-170, § 4, 4-20-93) Sec. 22-1568. Significant trees. (a) Purpose. The purpose of this section is to: 1) regulate the removal of trees from property within the city in order to preserve, protect and enhance a valuable natural resource, 2) establish stan- dards to limit the removal of and ensure the re- placement of trees sufficient to safeguard the eco- logical and aesthetic environment of a community, 3) discourage the unnecessary clearing and dis- turbance of land so as to preserve the natural and existing growth of vegetation; and 4) maintain a minimum number of significant trees. (b) Definition. A significant tree shall be de- fined as: (1) Twelve inches in diameter or 37 inches in circumference measured four and one-half feet above ground; and (2) In good health; and (3) Not detrimental to the community (e.g. is not diseased, dying, or likely of falling into public open space or right-of-way, etc.) or § 22-1568 obscuring safe sight distance requirements. Significant trees shall not include red alder, cottonwood, poplar or big leaf maple. Figure 10 - sec. 22-1568(b) (c) Standards. (1) Retention required. Significant trees shall be retained on the subject property tag the maximum extent possible in all residen- tial, commercial, industrial, or institutional developments as follows: a. If the approved development on the sub- ject property will require the removal of more than 75 percent of the signifi- cant trees on the subject property, sig- nificant trees shall be replaced in amount equal to 25 percent of the sig- nificant trees which existed on the sub- ject property prior to commencing any development activity. b. All significant trees located within any required perimeter landscaping area shall be retained, provided that this re- quirement shall not apply to commer- cial zoning districts. c. Significant trees required to be retained within on -site sensitive areas can be used toward satisfying the 25 percent on -site significant tree retention regu- lations. d. All significant trees located within re- quired on -site recreation or open spaces shall be retained, provided they do not Supp. No. 2 1628.3 22-1568 FEDERAL WAY CITY CODE conflict with on -site active recreation areas. e. The significant tree retention require- ments of this chapter shall not apply to the City Center Zoning District. f. There shall be no cutting of significant trees without authorization from the city for the purpose of preparing that site for future development. g. Up to one-half of the 25 percent signif- icant tree replacement requirement may be satisfied by planting larger trees in required landscape areas such as landscape islands, buffers, and pe- rimeter landscaped areas. Such trees shall be a minimum 12 feet in height for evergreen and three and one -half - inch caliper for deciduous or broadleaf trees. Example: 100 on -site significant trees requires 25 to be retained or re- placed. Applicant may plant 13 larger trees within required landscape areas which meet size requirements men- tioned above. (2) The applicant shall submit a tree retention plan concurrent with the first permit appli- cation for that development. The tree re- tention plan shall consist of the following: a. A tree survey or cluster survey that identifies the location, size, number and species of all significant trees on the site. b. A development plan identifying the sig- nificant trees that are proposed to be retained, removed, transplanted, or re- placed, including a final report on per- centage retained. (3) Each retained significant tree not located within perimeter landscaping may be cred- ited as two trees for purposes of complying with the retention requirements of subsec- tion a., provided -the tree meets at least one of the following criteria: a. The tree is located in a grouping of at least five trees with canopies that touch or overlap; or b. The tree provides energy savings through winter wind protection or summer shading as a result of its loca- tion relative to proposed buildings; or c. The tree belongs to a unique or un- usual species of native or non-native tree not usually found locally. (4) Where it is not feasible to retain required significant trees due to site constraints in- cluding, but not limited to, topography, in- gress/egress requirements, existing and pro- posed utility locations, trails, storm drainage improvements, a site specific tree plan, drawn to scale, shall be prepared. The tree plan shall show the precise location of all significant trees on the site, in relation to the proposed buildings, streets, parking areas, required landscaped areas, surface water facilities, and utilities. The director of community development shall review the plan in relation to the proposed develop- ment to ensure tree removal is the min- imum amount necessary to comply with the proposed development and meet the pur- poses of this chapter. (5) When required significant trees cannot be retained (see section 22-1568(0 below), sig- nificant trees that are removed shall be re- placed with: a. Transplanted or retained on -site trees four -inch caliper or larger, which meet the definition of significant tree in all manner except size, and approved by the community development director, based upon the director's assessment of the location of the tree in relation to the proposed site development; or b. New evergreen trees that are a min- imum ten feet in height, or deciduous trees that are a minimum three-inch caliper. The number of replacement trees, combined with the number of retained significant trees, shall equal 25 percent'of the amount of on -site significant trees which existed prior to development. (6) The following management practices shall be observed on sites containing significant Supp. No. 2 1628.4 ZONING § 22-1569 trees, to provide the best protection for sig- Sec. 22-1569. Performance and maintenance nificant trees: standards. a. No clearing shall be allowed on a pro- posed development site until the tree retention and landscape plans have been approved by the City of Federal Way; b. A no disturbance area, which shall be defined to be to the drip -line of the sig- nificant tree, shall be identified during the construction stage with either: i. A temporary five-foot chain link fence. ii. A line of five-foot high, orange - colored two-by-four inch stakes placed no more than ten feet apart connected by highly visible survey- or's ribbon. c. No impervious surfaces, fill, excava- tion, or storage of construction mate- rials shall be permitted within the no disturbance area; d. If the grade level around the tree is to be raised by more than one foot, a rock well shall be constructed. The inside diameter of the rock well shall be equal to the diameter of the tree trunk plus ten feet. Proper drainage, and irriga- tion if necessary, shall be provided in all rock wells; e. The grade level shall not be lowered within the larger of the two areas de- fined as follows: L The. drip line of the tree(s); or ii. An area around the tree equal to one foot in diameter of each inch of tree trunk diameter measured four feet above the ground. f. Alternative protection methods may be used if accepted by the director of com- munity development department to pro- vide equal or greater tree protection. g. Encroachment into the no disturbance area may be allowed where the director determines encroachment would not be detrimental to the health of the tree. (Ord. No. 93-170, § 4, 4-20-93) (a) Performance. (1) All required landscaping shall be installed prior to the issuance of a certificate of oc- cupancy (CO) or final inspection. (2) When landscaping is required pursuant to this chapter, an inspection shall be per- formed to verify that the installation has been installed pursuant to the standards of this chapter. (3) Upon "completion of -the landscaping work, the community development department shall inspect the landscape upon request for compliance with the approved landscape plan. (4) A CO or final inspection may be issued prior to completion of required landscaping pro- vided the following criteria are met: a. An applicant or property owner files a written request with the department of community development prior to five days of a CO inspection; b. The request contains an explanation as to why factors beyond the applicant's control, or which would create a signif- icant hardship, prevent the installa- tion of the required landscaping prior to issuance of the CO; c. The property owner has demonstrated a good faith effort to complete all re- quired landscaping. (5) The time period extension for completion of the landscaping shall not exceed 90 days after issuance of a certificate of occupancy to install required landscaping. (6) Failure to complete landscape installation -by an established 90-day extension date shall constitute a zoning violation. (b) Maintenance. The purpose of this section is to establish minimum maintenance standards for landscaping. (1) Plant maintenance: Maintenance of planted areas shall include continuous operations of removal of weeds before flowering; Supp. No. 2 1628.5 S 22-1569 FEDERAL WAY CITY CODE r 1 mowing; trimming; edging; cultivation; re- seeding; plant replacement; appropriate fer- tilization; spraying, control of pests, insects, and rodents by nontoxic methods whenever possible; watering; or other operations nec- essary to assure normal plant growth. In particular, maintenance shall promote land- scape performance criteria of this chapter. (2) Irrigation maintenance: All portions of any irrigation system shall be continuously maintained in a condition such that the in- tent of an irrigation design is fulfilled. Un- controlled emission of water from any pipe, valve, head, emitter, or other irrigation de- vice shall be considered evidence of non - maintenance. (3) [Other maintenance.] Maintenance of all landscaped areas shall also include opera- tions as needed of painting, repairing, re- construction, and rehabilitation of land- scape structures such as walls, fences, overheads, trellises, and the removal of trash. (4) Failure to comply with landscape mainte- nance standards shall constitute a zoning violation under Federal Way Zoning Code, Section 22-11 of the Federal Way City Code. (Ord. No. 93-170, § 4, 4-20-93) Sec. 22.1570. Modification options. (a) Purpose. The purpose of this section is to provide an opportunity for development of excep- tional or unique landscape designs which do not meet the express terms of sections 22-1564 through 22-1567, and/or flexibility of landscape designs. The director of community development shall have the authority, consistent with the criteria stated herein, to modify specific requirements or impose additional requirements in unique or special cir- cumstances to assure the fulfillment of the stated purpose of this chapter and to allow for flexibility and creative design. Special circumstances or unique conditions shall be reviewed with the di- rector of community development concurrent to submittal the review of a landscape plan. Exam- ples of special conditions might include: ,1) Preservation of unique wildlife habitat; (2) Preservation of natural or native areas; (3) Compliance with special easements; (4) Renovation of existing landscaping; (5) Unique site uses: The alternative landscape modifications described in sections (c) through (f) shall be allowed only if the proposed modification meets the threshold cri- teria of subsection (b) below, in addition to the special criteria of sections (c) through (f). (b) Modifications to the landscape standards may be granted by the director of community de- velopment if- (1) The proposed modification represents a su- perior result than that which could be achieved by strictly following the require- ments of this chapter; and (2) The proposed modification complies with the stated purpose of this chapter and any applicable subsections of this chapter; and (3) If the proposed modification will not vio- late any City of Federal Way Municipal Codes or ordinances. In particular, a mod- ification shall not be a substitute for any zoning variance; and (4) Where applicable, the proposed modifica- tion would result in an increased retention of significant trees and/or naturally occur- ring vegetation on the site. (5) The proposed modification also satisfies the criteria listed in section (b), or section (c), or section (d), or section (e), or section (fl. (c) The width of the perimeter landscaping may be reduced up to 25 percent when: (1) A development retains an additional ten percent of significant trees or ten signifi- cant trees per acre on -site, whichever is greater. (2) The proposed landscaped area incorporates a combination of plant materials, berms a minimum of three feet in height, and ar- chitectural elements of appropriate height and scale sufficient to act as an efficient substitute for the three-foot berm. Supp. No. 2 1628.6 ZONING (d) The landscaping requirement may be mod- ified when necessary, because of special circum- stances relating to the size, shape, topography, vegetation, location or surroundings of the sub- ject property, to provide it with use rights and privileges permitted to other properties in the vi- cinity and zone in which it is located, or if strict application would result in scenic view obstruc- tion. (e) Perimeter landscape strips ,may be aver- aged, provided the minimum width shall not be less than 50 percent of the underlying width re- quirement. (0 If the property abutting the subject property is in the same or a more intensive land use zoning district than the subject property, the landscaping required along that common interior property line may be reduced by 25 percent in area. In addition, the remaining 75 percent of the required land- scaping may be relocated upon approval of the community development director, consistent with the standards of this chapter. (g) Biofiltration swales and other surface water/ water quality structures may be incorporated into required landscape areas provided the landscaping standards of this chapter are met and the integ- rity of the surface water function is not compro- mised. The community development director shall approve any modification of this nature. (h) Modification submittal requirements. A re- quest for modification shall: (1) Be submitted in the same form and ac- cording to the same terms as the required landscape documents of this section and sub- ject to the same enforcement requirements; and (2) Be clearly labeled as "Landscape Modifica- tion Plan"; and (3) Clearly delineate and identify the devia- tions requested from the provisions of this or any other section. (4) Be approved by the community develop- ment director. (i) Pedestrian facilities, transit stops, and hand- icapped access may be allowed in required land- § 22-1596 scape areas without requiring additional buffer area, provided that the intent of this article is met and that the function and safety of the pedestrian facility, transit stop or handicapped facility is not compromised. (Ord. No. 93-170, § 4, 4-20-93) Secs. 22.1571-22.1595. Reserved. ARTICLE XVIII. SIGNS* Sec. 22.1596. Purpose. It is the purpose of this article to promote: (1) Commercial communications that accom- modate the need of the business commu. nity to convey information to the public; (2) The protection and enhancement of the vi- sual character and identity of the commu- nity by the thoughtful placement and de- sign of signs; (3) The elimination of clutter and visual dis- traction; *Cross references —Sign, code and construction standards, § 5-281 et seq.; signs in parks and recreation areas restricted, § 11-85; sign nonconformance must be immediately brought into conformance with the applicable provisions of the zoning regulations; § 22.330; requirements for conformance of non- conforming signs, § 22-335; district regulations, § 22.571 et seq.; supplementary district regulations, § 22-946 et seq.; re- quired screening for rooftop appurtenances, § 22-960; site dis- tance requirements at intersections, § 22-1151 et seq. Supp. No. 2 1628.7 ZONING (d) The. landscaping requirement may be mod- ified when necessary, because of special circum- stances relating to the size, shape, topography, vegetation, location or surroundings of the sub- ject property, to provide it with use rights and privileges permitted to other properties in the vi- cinity and zone in which it is located, or if strict application would result in scenic view obstruc- tion. (e) Perimeter landscape strips may be aver- aged, provided the minimum width shall not be less. than 50 percent of the underlying width re- quirement. (f) If the property abutting the subject property is in the same or'a more intensive land use zoning district than the subject property, the landscaping required along that common interior property line may be reduced by 25 percent in area. In addition, the remaining 75 percent of the required land- scaping may be relocated upon approval of the community development director, consistent with the standards of this chapter. (g) Biofiltration swales and other surface water/ water quality structures may be incorporated into required landscape areas provided the landscaping standards of this chapter are met and the integ- rity of the surface water function is not compro- mised. The community development director shall approve any modification of this nature. (h) Modification submittal requirements. A re- quest for modification shall: (1) Be submitted in the same form and ac- cording to the same terms as the required landscape documents of this section and sub- ject to the same enforcement requirements; and (2) Be clearly labeled as "Landscape Modifica- tion Plan"; and (3) Clearly delineate and identify the devia- tions requested from the provisions of this or any other section. (4) Be approved by the community develop- ment director. (i) Pedestrian facilities, transit stops, and hand- icapped access may be allowed in required land- § 22-1596 scape areas without requiring additional buffer area, provided that the intent of this article is met and that the function and safety of the pedestrian facility, transit stop or handicapped facility is not compromised. (Ord. No. 93-170, § 4, 4-20-93) Secs. 22-1571-22.1595. Reserved. ARTICLE XVIII. SIGNS* Sec. 22-1596. Purpose. It is the purpose of this article to promote: (1) Commercial communications that accom- modate the need of the business commu- nity to convey information to the public; (2) The protection and enhancement of the vi- sual character and identity of the commu- nity by the thoughtful placement and de- sign of signs; (3) The elimination of clutter and visual dis- traction; 'Cross references —Sign, code and construction standards, § 5-281 et seq.; signs in parks and recreation areas restricted, § 11-85; sign nonconformance must be immediately brought into conformance with the applicable provisions of the zoning regulations, § 22-330; requirements for conformance of non- conforming signs, § 22.335; district regulations, § 22-571 et seq.; supplementary district regulations, § 22-946 et seq.; re- quired screening for rooftop appurtenances, § 22-960; site dis- tance requirements at intersections. § 22.1151 et seq. Supp. No. 2 1628.7 ZONING § 22.1602 (4) Flexibility and incentive for creative and Sec. 22-1599. Approval from department of innovative sign designs; community development. (5) The proper maintenance of signs; and (6) Consistency with the comprehensive plan. (Ord. No. 90-43, § 2(95.10), 2-27-90) Cross reference —This nonconformance must be immedi- ately brought into conformance with the applicable provisions of the zoning regulations, § 22-330. Sec. 22-1597. Scope and exclusions. This article applies to all signs erected, moved or altered after February 27, 1990, except this article does not apply to the following: (1) Traffic signs, directional signs and signs dis- playing a public service message when any of these signs is installed by a govern- mental agency. (2) Point of purchase advertising displays such as product dispensers. (3) National flags and flags of political subdi- visions. (4) Gravestones. (5) Historical site plaques and signs integral to an historic building. (6) Structures or improvements intended for a separate use, such as phone booths, Good- will containers and newspaper recycling boxes. (7) Building addresses with numbers and let- ters not more than ten inches in height. (Ord. No. 90-43, § 2(95.15), 2-27-90) Sec. 22-1598. Sign, building codes; compli- ance required. (a) Each sign erected or altered after February 28, 1990 must comply with the provisions 'of the Uniform Sign Code adopted in section 5-281 and the Uniform Building Code adopted in section 5-66 by the city. (b) If any provision of this article conflicts with the Uniform Sign Code or the Uniform Building Code, the provision of this article will govern. (Ord. No. 90-43, § 2(95.20), 2-27-901 The applicant must obtain the written approval from the department of community development in order to erect or display a new sign or to move or alter an existing sign, except that written ap- proval from the department of community devel- opment is not required for the following: (1) Real estate on -site signs, real estate off -site signs, construction signs, temporary com- mercial signs, integral signs, private notice signs, instructional signs, private adver- tising signs, private traffic direction signs and off -site directional signs. (2) Change in the temporary message on a reader board or electronic message center. (Ord. No. 9043, § 2(95.25(1)), 2-27-90) Sec. 22-1600. Discretionary permits. If the proposed use or development of or on the subject property requires approval through pro- cess I, II or III of this chapter, the director of com- munity development may require that any sign proposed for or as part of that use or development be approved through that same process if the di- rector determines that this will provide more co- ordinated, effective signs. (Ord. No. 90-43, § 2(95.25(2)), 2-27-90) Sec. 22-1601. Bonds. The city may require a bond under section 22-146 et seq. to ensure compliance with any as- pect of this article. (Ord. No. 90-43, § 2(95.105), 2-27-90) Cross reference —Bond procedure, § 22.146 et seq. Sec. 22.1602. Prohibited devices. (a) Except as specifically allowed under subsec- tion (b) of this section, the following devices and facilities are specifically prohibited in the city: (1) Pennants, banners, streamers and private flags except as permitted under section 22- 1616. (2) Strings of lights, flashing lights, colored lights, advertising search lights and flares. 1629 § 22.1602 FEDERAL WAY CITY CODE (3) Twirlers, propellers and wind -activated de- Sec. 22.1603. Sign maintenance and removal. vices. (a) All signs must be kept in good repair and in (4) Balloons. a safe manner at all times. The property owner must repair damaged or deteriorated signs within (5) Signs of a garish or of a carnival -like na- 30 days of notification by the city. The area sur- ture. rounding ground mounted signs must be kept free of litter and debris at all times. (6) Any sign that rotates, turns or moves by electrical or mechanical means except barber poles. (7) Projecting and under marquee signs, ex- cept as permitted by section 22-1616. (8) Any sign attached to, or placed on, a ve- hicle or trailer parked on public, or private property. The prohibition of this subsection (8) does not prohibit the identification of a firm or its principal products on a vehicle operating during the normal course of busi- ness. (9) Except as allowed in section 22-1616, any portable outdoor sign. (10) Any sign with the shape and colors of a traffic sign. (11) Any sign which constitutes a traffic hazard including but not limited to signs con- taining words such as "stop," "look," "danger." (b) The provisions of subsection (a) of this sec- tion do not apply to the following: (1) Holiday decorations appropriately dis- played. (2) The use of devices described in subsection (a) of this section for no more than seven days to announce the grand opening of a new business or use. (3) The use of devices described in subsection (a) of this section if approved on a tempo- rary basis, not to exceed one year, using process I, if this will not be detrimental to any nearby neighborhood or use. (4) Changing message centers. (Ord. No. 90-43, § 2(95.75), 2-27-90) (b) Unless otherwise specified in or through this chapter, the property owner must remove all signs within 30 days of the date of the closure or dis- continuance of the business, use or event with which the signs were associated. (Ord. No. 90-43, § 2(95.80), 2-27-90) Sec. 22-1604. Comprehensive design plan. (a) Generally. This section provides a mecha- nism under which special consideration can be given to signs which use a comprehensive design plan to facilitate the integration of signs into the site design of the subject property. To do this, the city may allow deviations from the requirements of this article consistent with the criteria listed in subsection (d) of this section. (b) Required review process. An application for a comprehensive design plan under this section will be reviewed and decided upon using process II. (c) Required information. As part of any appli- cation for a comprehensive design plan under this section, the applicant shall submit the following information: (1) A narrative describing how the proposal is consistent with the criteria listed in sub- section (d) of this section. (2) Colored renderings of the proposed signs in relation to development in the area and on the subject property. (d) Criteria. The city may approve a proposed comprehensive design plan if. (1) The proposal manifests exceptional effort toward creating visual harmony between the signs, buildings and other components of the subject property through the use of a consistent design theme. 1630 ZONING (2) The proposed deviations are the minimum necessary to create readable signs from the street providing direct vehicle access to the subject property based on traffic speeds and patterns in the area. (3) The signs are in character and orientation with planned and existing uses in the area of the subject property. (Ord. No. 90-43, § 2(95.65), 2-27-90) Cross reference —Process II review procedures, §. 22431 et seq. Sec. 22.1605. Location of signs. (a) Except as allowed under subsection (c) of this section, each sign trust be located on the same lot or property as the use, building, or event with which the sign is associated. (b) All signs shall be located outside those areas required in division 10 of article XIII of this chapter to be kept clear of sight obstructions. (c) The provisions of this section do not apply as follows: (1) The provisions of subsection (a) of this sec- tion do not apply to the signs regulated under section 22-1616. (2) Wall mounted and marquee signs may ex- tend into a right-of-way abutting the sub- ject. property only upon approval of the de- partment of public works. (3) Monument signs must be set back at least five feet from all property lines, except in zones that have no required yards. (4) The owners of two or more properties that abut or are separated only by a vehicular access easement or tract may propose a joint sign package to the city. The city will re- view and decide upon the proposal using process I. The city may approve the joint sign package if it will provide more coordi- nated, effective and efficient signs. In de- termining the total allowable size area for all of the signs on the participating proper- ties, the city will use the total area of signs § 22-1606 that would be allowed for all of the partic- ipating properties if they were not proposing a joint sign package. (Ord. No. 90-43, § 2(95.60), 2-27-90) Cross reference —District regulations, § 22-571 et seq. Sec. 22-1606. Exceptions for necessary iden. tification in limited and unusual circumstances. (a) Policy statement. It is the specific policy of the city that all signs erected, moved or altered after February 28, 1990, comply with the provi- sions of this article. However, as many of the com- mercial areas of the city have developed with signs which are of a type and size prohibited by this article, there may be a need, in. limited and un- usual circumstances, for signs to be erected, moved or altered that do not comply with the require- ments of this article in order to provide the busi- ness or use with which the sign is associated with reasonable identification. It is further the ex- pressed policy of the city that the provisions of this section only be used where compliance with this article would do irreparable and unreason --- able harm to a business or use. (b) Permissible signs. Under this section, the city may allow any type, size or number of sign or signs. (c) Required review process. The city will re- view and decide upon requests under this section using process III. (d) Criteria. The city may approve a request under this section only if it finds that: (1) The proliferation of preexisting signs in the area of the subject property which do not conform to this article is such that signs consistent with this article would not be reasonably visible to potential patrons or users, considering such factors as the topog- raphy of the area and the posted speed limits of and volumes on the street or streets providing direct vehicle access to the sub- ject property. (2) A sign package consistent with the pr6vi- sions of this article would not provide the use or business with effective signs. 1631 § 22-1606 FEDERAL WAY CITY CODE (3) The type, number and size of signs re- quested is the minimum necessary to pro- vide the use or business with effective signs. (e) Conditions and restrictions. As part of any approval of a request under this section, the city may impose any limitations or restrictions it con- siders appropriate under the circumstances. This may include, but is not limited to, requiring that the owner of the subject property sign a covenant or other written document to be filed with the county to run with the property by which, at a time certain or upon specified events, the signs on the. subject property would be brought into com- pliance with all applicable city regulations then in effect. The city may also require a performance bond under section 22-146 et seq. to insure com- pliance with any such condition or restriction. (Ord. No. 90-43, § 2(95.70), 2-27-90) Sec. 22-1607. Sign type. Permitted types of signs for each sign category are listed below: (1) Sign category A. Wall mounted and ped- estal signs. Electrical signs are not per- mitted. Commercial messages are not per- mitted. (2) Sign category B. Wall mounted, marquee and pedestal signs. Changing message cen- ters are not permitted. (3) Sign categories C, D and E. Wall mounted, marquee, pedestal and monument signs. See also section 22-1616 for permitted special signs. (Ord. No. 90-43, § 2(95.30), 2-27-90) Sec. 22-1608. Maximum number of signs. The maximum permitted number of signs for each sign category is listed below. This maximum applies only to the sign types listed in section 22- 1607 and does not apply to the special sign de- scribed in section 22-1616. (1) Sign category A. a. Signs identifying a dwelling unit: one. b. Signs identifying a complex or subdi- vision: one for each street providing di- rect vehicular access to which the sign is oriented. (2) Sign category B. One for each street pro- viding direct vehicular access to which the sign is oriented. (3) Sign categories C, D and E. a. Wall mounted signs: no limitation. b. Marquee signs: one per business or use per street providing direct vehicular ac- cess to which the sign is oriented. c. Pedestal or monument (including center identification signs): one per street providing direct vehicular ac- cess to which the sign is oriented. (Ord. No. 90-43, § 2(95.35), 2-27-90) Sec. 22.1609. Sign area. The maximum permitted sign area for each sign category is listed below. The maximum permitted area applies only to the sign types listed in sec- tion 22-1607 and does not apply to the special signs described in section 22-1616. (1) Sign category A. a. Signs identifying a dwelling unit: two square feet. b. Signs identifying a complex or subdi- vision: 32 square feet per sign face. (2) Sign category B. Thirty-two square feet per sign face. (3) Sign categories C, D and E. As more specif- ically established in subsections a., b. and c. below, the subject property may contain the sign area allowed in those three sub- sections: a. The subject property may contain the sign area shown in the chart in section 22-1610. If the subject property con- tains or may contain more than one use or tenant, the applicant must submit to the city a letter allocating sign area for the subject property to the various uses, tenants, or leasable areas and to the sign or signs, if any, which identify the subject property. The applicant must agree in this letter to include the specified sign allocation in all leases, rental agreements, condo- 1632 ZONING minium declarations and similar doc- uments. b. Each use or business within a mul- tiuse complex is allowed the following sign area for signs to identify the spe- cific location or entrance of or to that use or business: 1. For sign categories C and D, 30 square feet per business or use. 2. For sign category E, one square foot for each two linear feet of the facade of the building or portion thereof, occupied by the use or busi- ness, on which the sign is located or to which it is oriented; provided that each business or use is allowed at least 30 square feet of sign area and may not have more than 80 square feet of sign area under this subsection. c. Each multiuse complex containing seven or more uses or businesses is al- lowed 64 square feet per street pro- viding direct vehicular access to be used only for a center identification sign or signs. Signs allowed under this subsec- tion may not have internally lighted sign fields; must be constructed of ma- terials, colors, shapes and other archi- tectural features which are the same § 22-1610 as or consistent with the buildings on the subject property; and must be ori- ented to the street from which the right to the sign arises. (Ord. No. 90-43, § 2(95.40), 2-27-90) Sec. 22-1610. Sign area chart. The following chart establishes the sign area allowed under section 22-1609(3)(a). The sign area is primarily dependent on the linear frontage of the subject property and the sign category of the use. To use this chart, first find the applicable sign category along the top of the chart, then find the linear frontage of the subject property along the left margin of the chart. Where the sign cat- egory and the linear frontage meet the maximum sign area for the subject property will be found under section 22.1609(3)(a). Next, review the. sign area multipliers listed on the right side of the chart to determine if there are any increases in the maximum allowable sign area. 1. Find the sign category that applies to your use. 2. Find the linear frontage of the subject prop- erty. 3. Where sign category and linear frontage meet, the maximum sign size for the sub- ject property will be found. 4. Use the multiplier to the right of the chart to determine if maximum allowable sign area is increased by the factors listed. Total Linear Sign Cate ories Frontage of Subject Property is Less Than C D E 25 20 26 48 30 20 28 50 35 20 29 52 40 21 31 55 45 21 32 57 50 22 33 59 1633 22.1610 FEDERAL WAY CITY CODE Si n Categories Total Linear Frontage of Subject Property is Less Than C D E 55 23 34 61 60 23 35 63 65 24 36 64 70 25 37 66 75 25 38 68 80 26 39 69 85 26 40 70 90 27 40 72 95 27 41 73 100 28 42 74 105 28 42 76 110 29 43 77 115 29 44 78 120 30 44 79 126 30 45 80 130 30 46 81 135 31 46 82 140 31 47 83 145 32 47 84 150 32 48 85 155 32 48 86 160 33 49 87 165 33 49 88 170 33 50 89 175 34 50 89 180 34 51 90 185 34 51 91 190 34 52 92 195 35 52 93 200 35, 53 94 205 35 53 94 210 36 53 95 215 36 54 96 220 36 54 97 225 36 55 97 230 37 55 98 1634 ZONING § 22-1614 Total Linear Frontage of Subject Property is Less Than C D E 235 37 56 99 240 37 56 99 245 38 56 100 250 38 57 1 101 (Measured in linear feet) (Measured ins care feet} SIGN AREA MULTIPLIERS 1. If no signs on the subject property have internally lighted sign fields, then multiply the figure in the chart by 1.25. 2. If all signs, other than center identification signs, are building mounted signs, multiply either the above product or the figure in the chart by 1.25. If the linear frontage of the subject property exceeds 250 feet, please refer to section 22-1617. (Ord. No. 90-43, § 2(95.45), 2-27-90) Sec. 22-1611. Development containing uses in more than one sign category. If the subject property contains uses assigned to different sign categories, the signs for the entire development must comply with the sign category assigned to the uses that predominate on the sub- ject property, as determined by the director of com- munity development. (Ord. No. 90-43, § 2(95.50), 2-27-90) Sec. 22-1612. Sign height and other dimen- sional requirements. The maximum permitted height of signs for each type of sign is listed below: (1) Wall mounted and marquee signs. Wall mount and marquee signs shall not project above the roofline of the building to which they are attached. (2) Under marquee signs. Under marquee signs shall not extend further from a building facade than the marquee or canopy to which they are attached. (3), Pedestal signs. Pedestal signs shall con- form to the dimensional standards shown on plate 2. (4) Monument signs. Monument signs shall con- form to the dimensional standards shown on plate 3. (Ord. No. 90-43, § 2(95.55), 2-27-90) Sec. 22.1613. Landscaping around ground I ounted signs. An area around the base of each ground mounted sign equal to the sign area must be land- scaped to improve the overall appearance of the sign and to reduce the risk of automobiles hitting the sign or supports of the sign. This landscaping must include vegetation and may include other materials and components such as brick or con- crete bases, planter boxes, pole covers or decora- tive framing. (Ord. No. 90-43, § 2(95.85), 2-27-90) Sec. 22-1614. Structural components, overall appearance. To the maximum extent possible, signs should be constructed and installed so that angle irons, guywires, braces and other structural elements are not visible. This limitation does not apply to structural elements that are an integral part of 1635 § 22-1614 FEDERAL WAY CITY CODE the overall design such as decorative metal or (4) Except for changing message centers, any woods. incandescent lamp inside an internally (Ord. No. 90-43, § 2(95.90), 2-27-90) lighted signs. Sec. 22.1615. Illumination limitations on elec- trical signs. No sign may contain or utilize any of the fol- lowing. (1) Any exposed incandescent lamp with a wattage in excess of 25 watts. (2) Any exposed incandescent lamp with an in- ternal or external reflector. (3) Any continuous or sequential flashing de- vice or operation. Sec. 22-1616. Special signs. (5) External light sources directed towards or shining on vehicular or pedestrian traffic or on a street. (6) Internally lighted signs using 800-milliamp or larger ballasts if the lamps are spaced closer than 12 inches on center. (7) Internally lighted signs using 425-milliamp or larger ballasts if the lamps are spaced closer than six inches on center. (Ord. No. 90-43, § 2(95.95), 2-27-90) The following chart establishes regulations that apply to numerous signs that have a limited purpose or special nature. These signs are permitted in addition to the signs permitted in sign categories A through E. Except as specifically stated in the following chart, the signs in that chart are not subject to the regulations of sections 22-1605 and 22-1607 through 22-1613. To use the following chart, first read - down to find the type of sign in which you are interested, then read across for the relevant regulations. Consult the definitions in section 22-1 for the meanings and definitions of the types of signs. listed: Maximum Number Permitted Duration Type of Sign of Signs Maximum Sign Area Permitted Location of Display Real estate, on -site For each dwelling unit, Dwelling units: 6 sq. ft. Subject property. Must remove when prop - use or development: 1 per per sign face. Other uses erty is sold or rented. broker per abutting right. or developments: 32 sq. ft. of -way, per sign face - not to ex- ceed 64 sq. ft. per prop, ertv for sale or rent. . Real estate, off -site See footnote (1) 6 sq: ft. per sign face. Private property. Must remove when grop- e. is sold or rented. Construction 1 per abutting right -of- 32 sq. ft. per sign face. Subject property. Shall not be 'displayed `"'ay prior to issuance of a building permit. Must be removed prior to issuance of a certificate of occu- pancy. Temporary commercial No maximum. See footnote (2). Subject property. Must be Must remove at end of entirely attached to a use event or condition. buildin face. Inte al 1per structure. 6 s , ft.er signface. Subject property. No limitation. Private notice and in- No maximum. 2 sq. ft. per sign face. Subject property. No limitation. structional Private advertising No maximum. 16 sq. ft. per sign face. No closer than 50 ft. from Must remove at end of another sign advertising use, event or condition. the same use, event or condition. 1636 ZONING § 22-1617 Maximum Number Permitted Duration Type of Sign of Signs Maximum Sign Area ;No Permitted Location of Display Private traffic direction maximum. 4 . ft. r signface. Subject ro rt . No limitation. 16 sq. ft. per use, not to Where necessary to direct Determined on case by Off site directional. See 1. di exceed 64 sq. ft. the public to the subject case basis. footnote pro rties. Political No maximum. 6 sq. ft. per sign face. Private property. No sooner than days prior to the primary elec- tion and no later than 7 days after the final elec- tion. Projecting and under 1 per pedestrian or vehic- 4 sq. ft. per sign face. Subject property right. No limitation. marquee ular entrance. of -way abutting subject property. For uses subject to sign categories C, D, E and only. Shall not project above roofline of structure to which sign is attached. Fuel price 1 per abutting right -of- 20 sq. ft. per sign face. I.wa Subject property. No limitation. . Footnotes: (1) Per property for sale or rent, not more than one every 1,500 ft. on any street. (2) Total length of signs may not exceed 40% of length of the facade to which attached. Sign area may not exceed 40% of the area of the facade to which it is attached. (3) Must be approved through process 1, as described in sections 22-386 through 22-411. Shall only be approved if there is a demonstrated need for an off -site sign because of poor visibility or traffic patterns. All uses in an area wanting a permanent off -site directional sign must use one sign. The applicant must show that the proposed sign can accommodate all uses in the area that may reasonably need to be listed on the sign. (Ord. No. 90-43, § 2(95.100)0 2-27-90) Sec. 22-1617. Allowable size of signs. The following table establishes the allowable size of signs indicated by the sign categories pur- suant to the linear frontage of the subject prop- erty: PLATE 1 ALLOWABLE SIZE OF SIGNS Linear Frontages of Subject Sign Sign Sign Property Category Category Category (ft.) C* D* E* 25 20 26 48 30 20 28 50 35 20 29 52 Linear Frontages of Subject Sign Property Category (ft.) C* 1637 Sign Sign Category Category D* E* 40 21 31 55 45 21 32 57 50 22 33 59 55 23 34 61 60 23 35 63 65. 24 36 64 70 25 37 66 75 25 38 68 80 26 39 69 85 26 40 70 90 27 40 72 95 27 41 73 § 22-1617 Linear Frontages of Subject Sign Property Category (ft.) C* FEDERAL WAY CITY CODE Sign Sign Category Category D* E* Linear Frontages of Subject Sign Property Category (R•) C* Sign Sign Category Category D* E* 100 28 42 74 320 41. 62 109 105 28 42 76 325 41 62 110 110 29 43 77 330 41 62 111 115 29 44 78 335 42 63 111 120 30 44 79 340 42 63 112 125 30 45 80 345 42 63 112 130 30 46 81 350 42 63 113 135 31 46 82 355 42 .64 113 140 31 47 83 360 43 64 114 145 32 47 84 365 43 64 114 150 32 48 85 370 43 65 115 155 32 48 86 375 43 65 115 160 33 49 87 380 43 65 116 165 33 49 88 385 44 65 116 170 33 50 89. 390 44 66 117 175 34 50 89 39.5 44 66 117 180 34 51 90 400 44 66 118 185 34 51 91 405 44 67 118 190 34 52 92 410 45 67 11*9 195 35 52 93 415 45 67 119 200 35 53 94 420 45 67 120 205 35 53 94 425 45 68 120 210 36 53 95 430 45 68 121 215 36 54 96 435 45 68 121 220 36 54 97 440 45 68 121 225 36 55 97 445 46 69 122 230 37 55 98 450 46 69 123 235 37 56 99 455 46 69 123 240 37 56 99 460 46 69 124 245 38 56 100 465 46 70 124 250 38 57 101 470 47 70 124 255 38 57 101 475 47 70 125 260 38 57 102 480 47 70 125 265 39 58 103 485 47 71 1.26 270 39 58 103 490 47 71 126 275 39 59 104 495 47 71 127 280 39 59 105 500 48 71 127 285 39 59 105 505 48 72 127 290 39 59 106 510 48 72 128 295 40 60 106 515 48 72 128 300 40 60 107 520 48 72 129 305 40 61 108 525 48 73 129 310 41 61 108 530 49 73 129 315 41 61 109 535 49 73 130 1638 Linear Frontages of Subject Sign Property Category (ft.) C* ZONING Sign Sign Category Category D* E* 22.1617 Linear Frontages of Subject Sign Sign Sign Property Category Category Category (ft.) C* D* E* 540 49 73 130 760 55 82 146 545 49 74 131 765 55 82 146 550 49 74 131 770 55 82 147 555 49 74 131 775 55 83 147 660 49 74 132 780 55 83 147 565 50 74 132 785 55 83 148 570 50 75 133 790 55 83 148 576 50 75 133 795 56 83 148 580 50 75 133 800 56 84 149 585 50 75 134 805 56 84 149 590 50 75 134 810 56 84 149 595 50 76 135 815 56 84 149 600 50 76 135 820 56 84 150 605 51 76 135 825 56 84 150 610 51 76 136 830 56 85 150 615 51 77 136 835 56 85 151 620 51 77 136 840 57 85 151 625 51 77 137 845 57 85 151 630 51 77 137 850 57 85 152 635 52 77 138 855 57 85 152 640 52 78 138 860 57 86 152 645 52 78 138 865 57 86 152 650 52 78 139 870 57 86 153 655 52 78 139 875 57 86 153 660 52 78 139 880 57 86 153 665 52 79 140 885 58 86 154 670 52 79 140 890 58 87 154 675 53 79 140 895 58 87 154 680 53 79 140 900 58 87 154 685 53 79 141 905 58 87 155 690 53 79 141 910 58 87 155 695 53 79 142 915 58 87 155 700 53 80 142 920 58 88 156 705 53 80 142 925 58 88 156 710 53 80 143 930 59 88 156 715 54 80 143 935 59 88 156 720 54 81 143 940 59 88 157 725 54 81 144 945 59 88 157 73.0 54 81 144 950 59 88 157 735 54 81 144 955 59 89 158 740 54 81 145 960 59 89 158 745 54 82 145 965 59 89 158 750 55 82 145 970 59 89 158 755 55 82 146 975 59 89 159 1639 ¢ 22-1617 FEDERAL WAY CITY CODE Linear Linear Frontages Frontages of Subject Sign Sign Sign of Subject Sign Sign Sign Property Category Category Category Property Category Category Category (ft.) C* D* E* (ft.) C* D* E* 980 60 89 159 1200 64 96 170 985 60 90 159 1205 `64. 96 170 990 60 90 159 1210 64 96 170 995 60 90 160 1215 64 96 171 1000 60 90 160 1220 64 96 171 1005 60 90 160 1225 64 96 171 1010 60 90 161 1230 764 96 171 1015 60 90 161 1235 64 97 172 1020 60 91 161 1240 -64 97 172 1025 60 91 161 1245 65 97 172 1030 61 91 162 1.250 65 97 172 1035 61 91 162 1255 65 97 173 1040 61 91 162 1260 65 97 173 1045 61 91 162 1265 65 97 173 1050 61 91 163 1270 65 97 173 1055 61 92 163 1275 65 98 173 1060 61 92 163 1280 65 98 174 1065 61 92 163 1285 65 98 174 1070 61 92 164 1290 °65 98 174 1075 61 92 164 1295 65 98 174 1080 62 92 164 1300 '65 98 175 1085 62 92 164 1305 -66 98 175 1090 62 93 165 1310 66 98 -175 1095 62 93 165 1315 665 99 175 1100 62 93 165 1320 66 99 176 1105 62 93 165 1325 66 99 176 1110 62 93 166 1330 66 99 17.6 1115 62 93 166 1335 '66 99 176 1120 62 93 166 1340 66 99 176 1125 62 94 166 1345 66 99 177 1130 62 94 167 1350 66 99 177 1135 63 94 167 1355 `66 100 177 1140 63 94 167 1360 66 1100 117 1145 63 94 167 1365 67 100 117 1150 63 94 168 1370 '67 100 178 1155 63 94 168 1375 67 100 178 1160 63 95 168 1380 67 100 178- 1165 63 95 168 1385 67 100 178 1170 63 95 169 1390 67 100 179 1175 63 95 169 1395 67 101 179 1180 63 95 169 1400 67 101 179 1185 63 95 169 1405 67 101 179 1190 64 95 170 1410 67 101 179 1195 64 96 170 1415 67 101 IN 1640 Linear Frontages of Subject Sign Property Category (ft.) C* ZONING Sign Sign Category Category D* E* 1420 67 101 180 1425 68 101 180 1430 68 101 180 1435 68 102 180 1440 68 102 181 1445 68 102 181 1450 68 102 181 1455 68 102 181 1460 68 102 182 1465 68 102 182 1470 68 102 182 1475 68 102 182 1480 68 103 182 1485 68 103 183 1490 69 103 183 1495 69 103 183 1500 69 103 183 For linear frontages greater than 1500 feet, use the following formulas for the appropriate cate- gory to determine the allowable signage: Sign Category C = 6 Linear Frontage Sign Category D = 9 V Linear Frontage Sign Category E = 16 3V Linear Frontage *Square Feet of Signage Permitted (Ord. No. 90-43, § 2(185.05, .plate 1), 2-27-90) 1641 § 22-1617 § 22.1618 FEDERAL WAY CITY CODE Sec. 22.1618. Pedestal signs. The following drawings illustrate the standards for pedestal signs: PLATE 2 Pedestal Signs Type a T �GN FA[ B SIGN BASE C AVERAGE GROUND ELEVATM FOR SIGN BASE A 5 0 % B GROUND A >_ 5 0 % D ELEVATION C >_ 20% B B <_ 5 ft. Type b 3iGN FAC$ B E iC AVERAGE GROUND N 9LEYATION FOR SIGN BASE C 2 2 0% B GROUND — B <_ 5 ft. E=EVATION E 2 4 in. Minor deviations from the dimensional standards for pedestal signs, except for maximum sign height, may be approved by the planning official if he or she concludes that the resulting sign has a clear and substantial visual linkage to the ground. (Ord. No. 90.43, § 2(185.05, plate 2), 2-27-90) 1642 C ZONING Sec. 22-1619. Monument signs. The following drawings illustrate the standards for monument signs: F, B -- 9143H FACE SIGN -- D PLATE 3 Monument Signs Monument Sign A: Max. 12'-0* A B: Max. 80% of A I C: Min. 20% of A § 22-1619 D: Equal to 100% of B * L AVERAGE FINISH GRADE FOR SIGN BASE —NOTE: LANOSCARNG IS RECURED PER SECTION 95.85 DESIGN CRITERIA SIGN BASE: The base of the sign must be done in landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete or materials that are harmonious with the character of the primary structures on the subject property and subject to planning official approval. No visible gap shall be allowed between the sign base and the finished grade. SIGN FACE: The color, shape, material, lettering, and other architectural details of the sign face must be harmonious with the character of the primary structures. MINOR DEVIATIONS Minor deviations from the dimensional standards for monument signs, except for maximum sign height, may be approved by the planning official if he or she concludes that the resulting sign does not signif- icantly change the relative proportion of the sign base to the sign face. If the height of the sign base is greater than three feet then the width of the base may be as narrow as 90 percent of the width of the sign face. (Ord. No. 90-43, § 2(185.05, plate 3), 2-27-90) 1643 B uas..cs Monument Sign (Option) .r (The next page is 210 C' �r�. +ram �..,. "'- - • t� -.-�` � to � C I T Y O F FEDERAL WAY COWREHENSIVE PLAN February 27, 1990 WILSEY&HAM PACIFIC r"O-I Ihf Amm" H - 9 . r. a s4• c mac wram.... %*k rracr-rr30 CITY OF FEDERAL WAY COMPREHENSIVE PLAN Table of Contents Page Introduction and Purpose 1 Land Use Element: Housing and Population Issues 4 Policies 7 CommerciaUIndustrial Issues 10 Policies 12 Open Space Issues 15 Policies 17 Land Use Classifications 19 Land Use Map 24 Circulation Element: Transportation Issues 25 Policies 31 Arterial Street Plan 33 Natural Environment Element - Natural Environment Issues 34 Policies 41 Groundwater Map 44 Sensitive Area Map 45 Three -Year Implementation Objectives 46 Introduction and Purpose CITY OF FEDERAL WAY INTERIM COMPREHENSIVE PLAN - 1990 INTRODUCTION The Federal Way Comprehensive Plan has been prepared to meet the requirements of RCW 35A.63.061, Optional Municipal Code, which sets forth the content and procedures for adoption of a Comprehensive Plan to anticipate and guide the orderly growth and development of the City. The Comprehensive Plan is a statement of the community's desires and goals for the future development of the City, and provides the framework for a continuing planning process that will begin with the adoption of this plan. The Comprehensive Plan contains a set of narrative goals, policies and plan maps which will provide the basis for adoption of implementing regulations and other City programs. As presently constructed, the Plan is intended to meet the minimum requirements of RCW 35A.63.061 to allow the City of Federal to incorporate with interim plans and regulations by March, 1990. The Plan revision cycle should be initiated as soon as feasible after establishment of the City, to carry out objectives defined in the Plan and to allow full citizen participation in the process. COMPREHENSIVE PLAN FRAMEWORK POLICIES The purpose of the Federal Way Comprehensive plan is to: I. Identify fundamental community concerns and values, and address their relationship to critical municipal functions. U. Identify goals and objectives for mandatory planning elements, and outline priorities and a time schedule for completion of optional elements. III. Integrate urban design and conservation principles into each plan element and public decisions related to those elements. IV. Provide a process for continuous updating and amendment of the Plan and its implementing plans and regulations. V. Guide development of implementing regulations, procedures and programs. VI. Provide a clearly stated guideline for citizens regarding the development of the City in the future. 1 PHASE I - MANDATORY LAND USE CIRCULATION NATURAL ENVIRONMENT CITY OF FEDERAL WAY COMPREHENSIVE PLAN Issue Papers 1. Housing/ Population 2. Commercial/ Industrial 3. Open Space (Land Use Map) 4. Transportation Plan and Arterial Street Plan (Street Plan Map) 5. Water Quality 6. Groundwater 7. Hazardous Areas 8. Shorelines (Sensitive Areas Map) PHASE H - OPTIONAL PARKS AND RECREATION COMMUNITY FACILITIES Background Federal Way C.P. and Zoning Community Issues K.C. Growth Report K.C. Affordable Housing Policy Plan K.C. Open Space Plan and Bond Issue K.C. Transportation Plan Functional Classifications Street Standards METRO Puget Sound Water Quality Authority Federal Way Water and Sewer District King County Sensitive Areas Maps K.C. Shoreline Master Program UTILITIES HUMAN SERVICES 2 THE COMPREHENSIVE PLANNING PROCESS BACKGROUND ANALYSIS EVALUATION OF PLAN IMPLEMENTATION PLAN IMPLEMENTATION ADOPTION OF PREFERRED ALTERNATIVE IDENTIFICATION OF NEEDS AND PROBLEMS DEVELOPMENT OF ALTERNATIVES PREPARATION OF GOALS AND POLICIES GOAL: A LONG TERM RESULT TOWARD WHICH EFFORT WILL BE DIRECTED BASED ON COMMUNITY VALUES AND MISSION. POLICY: A DEFINITE COURSE OF ACTION ADOPTED TO ACHIEVE A GOAL. OBJECTIVE A SHORT TERM TARGET WHICH IS INTENDED TO IMPLEMENT A POLICY. 3 POPULATION AND HOUSING Rapid population growth during the last decade has led to an increasing strain on public services and facilities in Federal Way. Recent population forecasts by the Puget Sound Council of Governments indicate that the high rate of growth in King County is expected to continue over the next ten years based on the strong regional economy, which will maintain pressure on cities to increase densities to provide for an adequate land supply for housing. Population within the Federal Way forecast area is expected to reach 100,357 in 1990, and 125,663 by the year 2000. (Puget Sound Council of Governments, Population and Employment Forecasts, 1988). The City of Federal Way is predicted to reach 64,000 by 1990, and 79,000 by year 2000. If the rate of growth remains between 3% and 4% annually, about 2,000 people would be expected to enter the community each year. As available land for residential development diminished and housing prices increased during the 1980's, housing development in the region shifted from primarily single-family to a majority of multi -family construction. Because this happened in a very short period of time accompanied by substantial growth in single family construction as well, suburban areas such as Federal Way were not adequately provided with public services and facilities, particularly for transportation. The housing character of Federal Way is predominately single-family with multi -family comprising approximately 50016 of all housing units. However, a large proportion of the existing zoning for multi -family is RM 900 (48 du/ac) and RM 1800 (24 du/ac). These are high densities for a suburban community, particularly when developed adjacent to or within lower density single-family neighborhoods. Without provision of open space, multi -family developments at this density have a significant impact in bulk, scale and activity. Moderate densities between 8 and 15 dwelling units per acre are much more compatible with a community of suburban scale. The RM 900 zone in the County system also allows development of offices, and statistics indicate that about half of the development in these zones is for offices. Estimates of multi -family zoning made by the County staff indicate that about 500 acres were made available for multi -family development in the 1986 Plan and zoning update, and approximately 3,672 units were produced from 1986 to 1988. Approximately 300 acres remain for development, of which 168 are in the pipeline. These permits would result in about 3,000 housing units. The problems created by population growth have been compounded in outlying areas by the lack of alternative transportation modes and an underdeveloped road grid, which has created serious traffic congestion problems. Although these problems have not been caused alone by multiple family development, they are further aggravated when densities are increased. 4 The existing land use plan indicates a dispersed and random pattern for location of multi -family uses which also contributes to land use conflicts. Although there appears to be adequate land area planned for multi -family uses, they are scattered throughout the city, and are not well oriented to community business or employment areas or to pedestrian systems. To reduce automobile use and flow of traffic from high density through low density areas, high density multi -family uses should not be located at the center of low -density areas but should be clustered near major arterials, community business areas. In some outlying areas, very high density multi -family uses are located adjacent to low -density single family uses which creates a conflict in scale and activity, rather than providing a harmonious transition. Multi -family developments can be designed to be compatible with single-family uses by controlling density, bulk and scale. Neighborhood business areas do not necessarily support or set a precedent for high density zones nearby, although the present land use pattern indicates that this has occurred. Neighborhood business'zones are preferably buffered by landscaping and building design rather than by other land uses that may also create impacts in adjacent neighborhoods. Because the Neighborhood Business zones are intended for convenience shopping only and their area'should be limited, residential uses should not be allowed within the zones. Within areas zoned for higher densities, there does not appear to be a clear rationale for the pattern of densities RM 900, RM 1800, and RM 2400 zones found together. Within a specific area such as that at the intersection of S. W. 320th Street and 21st Ave. S. W., the densities range from very low to very high. A consistent and moderate density would be more harmonious with surrounding single-family areas, and provide better transition. Although the updated 1986 plan policies were directed toward some of these issues —and these policies should be carried forward into the new plan —the zoning does not yet reflect the objectives and should be revised to be consistent with the policies. It is apparent that the policies adopted in 1986 did affect rezoning practices, however, as the number of acres reclassified diminished to zero after 1986. (King County Growth Report, June 1989). Both the existing community plan and citizen comments indicate that the community is concerned about providing a variety of housing types rather than serving only as a bedroom community. Concern particularly centers around those who are older or have lower incomes An analysis of mean sales prices during the last half of 1988 indicates that the Federal Way area is still very affordable for home ownership with the average home sales price at about $96,500. Apartment rentals remained moderate as well, with the overall rate at about $407.00 monthly. Maintaining quality of life is very closely related to providing safe and attractive housing. As availability of land decreases and housing prices continue to soar in response to demand, it will be more difficult to maintain detached, single-family neighborhoods. However, this problem requires that, more than ever, alternative housing be compatible with single-family uses, that adequate services must be in place, and open space and recreation areas are provided. 9 ISSUES: -Thd-following issues -have-been-identified-as-primary-concerns-for the -new -City -of Federal Way -in the Federal Way Communities Plan, by City Council members and citizens: 1. Preserving the predominately single-family character and appearance of the community by establishing a range of population densities consistent with neighborhood and city-wide objectives. 2 Developing a rational system for allocation of multi -family housing that provides greater compatibility with single-family housing, protects Basting single-family neighborhoods, and reduces service and transportation impacts. 3. Correcting past zoning practices that produced conflict between residential land uses and isolated higher density uses without adequate pedestrian facilities, distant from community services. 4. Producing new housing that is planned and developed to protect natural systems, and meet community design and landscaping standards. 5. Creating a diverse population by encouraging residential development with a mix of housing types at affordable costs, particularly for senior citizens and lower income families. 6. Assuring the high quality of new and Basting housing by consistent enforcement of reasonable housing and building standards that do not unnecessarily increase housing costs. 7. Maintaining safe, economically stable and attractive neighborhoods by providing a high level of public services including utilities, streets and sidewalks, parks and recreation facilities. Other issues which should be considered in relation to residential uses include: 1. Encouraging development of housing in the City Center. 2 Location of compatible supporting uses in neighborhoods such as schools, day care facilities and churches. 3. Development of an organized system of neighborhood participation in city activities. 6 Circulation HOUSING AND POPULATION POLICIES GOAL:- PRESERVE THE PREDOMINATELY SINGLE-FAMILY CHARACTER AND APPEARANCE OF THE COMMUNITY BY ESTABLISHING POPULATION DENSITIES CONSISTENT WITH NEIGHBORHOOD AND CITY-WIDE OBJECTIVES. Policy H-1: Establish a range of zoning classifications that protect agricultural and sensitive lands, provide a range of single-family and multi -family densities, and encourage commercial and industrial development. Policy H-2: Assure that policies and decisions which are part of the residential development process are concerned with the quality of living conditions for fifty years to. come. Policy H-3: Attempt to achieve a ratio of multi -family housing to single-family housing of 35%, by redefinition and remapping of zoning districts. Policy H4: Allow residential development only when supported concurrently by adequate services including roads, utilities, transit, parks, recreation, schools, fire, and police. Policy H-5: Locate high density residential developments such as apartments near major arterial intersections and convenient to freeway interchanges, shopping, service and activity centers. '' Policy H-6- Consider use of the elementary school attendance areas as the "neighborhood" planning unit. Policy H-9: Limit the highest density residential categories to the CBD. GOAL:- CREATE A DIVERSE POPULATION BY ENCOURAGING RESIDENTIAL DEVELOPMENT WITH A MIX OF HOUSING TYPES AT AFFORDABLE COSTS, PARTICULARLY FOR SENIOR CITIZENS AND LOWER INCOME FAMILIES. Policy H-10: Use zoning and other types of regulatory techniques to assure a mix of housing sizes and values, and to maintain choice of housing and affordability for a broad range of income groups. Policy H-11: Avoid concentration of subsidized and low cost housing in a few neighborhoods to increase choice of location for low and moderate income households. Policy H-12: Encourage development of low-cost housing in proper proportion to Federal Way's population, income levels, employment and the amount of land available. 7 Policy H-13: Recognize all types of residential dwelling units, such as mobile homes and modular manufactured units, as acceptable sources of housing, subject to good design and placement. Policy H-14: Encourage housing options for the elderly by allowing higher densities in senior housing developments as a response to community need for this housing type. GOAL: ASSURE THE HIGH QUALITY OF NEW AND EXISTING HOUSING BY CONSISTENT ENFORCEMENT OF REASONABLE HOUSING AND BUILDING STANDARDS THAT DO NOT UNNECESSARILY INCREASE HOUSING COSTS. Policy H-16: Develop consistent, reasonable, and uniformly applied standards for provision and construction of streets, sidewalks, utilities and other public facilities in subdivisions, planned unit developments and multi -family developments. Policy H-17: Encourage rehabilitation or replacement of below -standard dwelling units, and replacement of dilapidated dwelling units by adoption of block grant program or other assistance •.sprograms. Policy H-1& Encourage continual upgrading of the housing stock and residential environment _ through tax incentives, and enforcement of the building and housing codes. .GOAL• MAINTAIN SAFE, ECONOMICALLY STABLE AND ATTRACTIVE NEIGHBORHOODS BY PROVIDING A HIGH LEVEL OF PUBLIC SERVICES INCLUDING UTII TIES, STREETS, SIDEWALKS, PARKS AND RECREATION FACILITIES. Policy H-19: Coordinate the development of housing with transportation improvements. Policy H-20: Plan for development of needed neighborhood improvements such as underground wiring, sewers, storm sewers, curbs and non -motorized travel routes, and integrate them into the Capital Improvement Program. Policy H-21: Encourage community participation in programs to maintain, beautify, and upgrade neighborhood areas. Policy H-23: Allow supporting services and facilities in residential zones such as schools, day care, and churches, provided the scale and uses are compatible with adjacent neighborhoods. Policy H-24: Assure adequate facilities for bicycling and pedestrian travel in subdivisions. `:3 GOAL: PRODUCE NEW HOUSING THAT 1S PLANNED AND DEVELOPED TO PROTECT NATURAL SYSTEMS, AND MEET COMMUNITY DESIGN AND LANDSCAPING STANDARDS. Policy H-25: Review design of subdivisions in view areas to take advantage of view opportunities and to minimize view obstructions. Policy H-26: Give high priority to solving residential environmental problems relating to health and safety. Policy H-27: Evaluate planned unit developments for building placement, heights and setbacks to minimize view obstructions and degradation of natural amenities. Policy H-28: Assure that all residential subdivisions including those of less than 5 acres and multi- family developments have open space appropriate to their population density. Policy H-29: Require development of adequate parks and recreation facilities in subdivisions, planned unit developments and multi -family developments. Policy H-30: Prepare maintenance standards to protect stormwater systems, prevent erosion and protect natural vegetation. Policy H-31: Establish landscaping requirements for multi -family development that increase livability, provide buffering and create environmental amenities for residents and neighbors. 11-33v= Require that access for the bandicapped be provided in designing pedestrian facilities in residential areas. Policy H-34: Protect natural vegetation and limit clearing and grading in residential developments. 6 COMMERCLUANDUSTRIAL Existing Conditions As Federal Way has rapidly changed from a low -density suburb to a vital urban activity center, the need to allocate land for commercial uses has increased. The 1986 Community Plan update confirmed the commitment to development of a strong and well-defined central business district as well as providing land use classifications for a variety of economic uses. Nevertheless, the rapid growth of the community has led to a pattern of commercial zoning that is not always well integrated with adjacent uses or supportive of a transition to a more intensive urban center. A number of problem areas are apparent. The City presently has adequate land zoned to meet commercial development objectives for the next 10 years; however, the supply of industrial and office park land appears to be limited. Because the nature of industrial uses in the region is changing rapidly, the industrial zones need to be upgraded to reflect higher performance standards and a new mix of uses. Additional zoning may be needed as the supply of vacant industrial land disappears in the region. Industrial zoning is vulnerable to the intrusion of retail uses and consequent escalation of land prices, and these changes should be prevented. Industrial areas also require good access to arterial streets to avoid congestion or mixing industrial and residential traffic. A set of consistent policies is needed to define the function and intent of neighborhood business zones. Neighborhood business areas normally occupy sites of 5-10 acres serving a population area of 5,000 people or more. Because they are primarily intended for convenience shopping, the range of uses allowed should limited and compatible with adjacent single-family neighborhoods. Without standard limits on size and uses, these centers can create pressure for expansion of commercial uses into adjacent neighborhoods. r:�-5triprcvmmer'tial develapinen`t'trrt PAC i ids tt3 `t`giail uses -away --frorrr-flt- City Center, but also provides a location for space intensive uses that may require outdoor storage areas that are unattractive and costly in the City Center. Many businesses thrive on these strips because of the high automobile accessibility and lower land costs and provide an economic activity that is important to the community. However, the pre-existence of these uses or their continued preservation does not necessarily set a precedent for additional zoning of this type. Because older strip development occurred without adequate street and landscaping improvement requirements, access to these uses reduces the effectiveness and safety of traffic movements on the adjacent arterial. Redevelopment of properties should occur under higher standards to reduce clutter, upgrade visual quality and improve traffic flow. central,:3Usir�eµDisfesc�tly,Jjt�....trax�5itian from a suburban — run environment to a more intensive mix of uses and activities. Because it is at a formative stage in its future redevelopment and evolving identity, a close look needs to be taken at design, pedestrian access, landscaping and public amenities, as well as traffic circulation. A detailed design overlay plan or design district zone should be prepared to assure that a coordinated and visionary approach is implemented. 10 In addition, the city center zone should encourage an increase in concentration of uses and improved continuity of structures to reduce vehicle movements and increase pedestrian use. Gateway features can be used to suggest entrances to the central place in the community, and public facilities should be planned to encourage cultural and social activities in the city center. Parking requirements should also be studied closely to determine techniques to reduce loss of acreage to parking and to increase shared use of parking or other alternatives. The City has not yet developed office uses at higher densities, and these should be encouraged to increase employment density. Office uses in the City Center support retail uses and services and can help stimulate a pedestrian environment. Office uses in outlying areas require good vehicle access and can be effectively combined with retail and multi -family uses. They can also provide transition from industrial and retail uses, and may be useful in upgrading strip retail areas. The most critical problem for future economic development in the community will be upgrading transportation systems, particularly in the City Center, in order to accommodate higher densities and in industrial areas to maintain efficient access to the regional transportation system. ISSUES: 1. Providing employment opportunities within the community by attracting new industries and professional offices. 2 Defining the function of neighborhood business centers and controlling their impacts on adjacent single-family neighborhoods. 3. Controlling strip development on major arterials while maintaining existing vital businesses. _ _- : _4.:,_�efinfng:a deveJopmer�t:and esig-;c©ncept.lor=the-city-center that establishes -a- vibrant focal _ :w�+�w.+�r.,•.af..�ic+••point and identity for the ..... . ._�.......�.�,..... 5. Protecting industrial areas from encroachment by other uses and upgrading the quality of existing industrial areas. 6. Building a transportation system that adequately serves commercial areas, encourages use of alternative modes of transportation for work trips, and allows commercial and industrial growth without creating additional congestion. 11 COMMERCIAL/INDUSTRIAL POLICIES GOAL: PROVIDE EMPLOYMENT OPPORTUNITIES WITHIN THE COMMUNITY BY ATTRACTING NEW INDUSTRIES AND PROFESSIONAL OFFICES. Policy C-1: Provide employment opportunities in Federal Way by allocating adequate land for commercial and industrial development. Policy C-2: Expand economic and employment opportunities for all members of the labor force. GOAL: ESTABLISH WELL-DEFINED AND LIMITED NEIGHBORHOOD BUSINESS CENTERS TO PROVIDE CONVENIENCE SERVICES TO ADJACENT NEIGHBORHOODS WITHOUT ADVERSELY IMPACTING NEIGHBORHOOD QUALITY. Policy C-3: Establish strict guidelines for maximum size, and types of uses that can occur in neighborhood business areas. Policy C4: Assure that neighborhood business areas are designed and landscaped to minimize impacts on adjacent residential areas. GOAL:- CONTROL STRIP DEVELOPMENT, ON MAJOR ARTERIAL_ S WHILE MAINTAINING EXISTING VITAL BUSINESSES. Policy C-S: Establish criteria for redevelopment of highway commercial areas to improve access, reduce sign clutter and upgrade landscaping. Policy C6 Pivie transitional uses adjacent to highwacomme'fciai areas to provide a buffer with nearres�dential areas. Policy C-7: Restrict expansion of commercial activities on arterial streets and highways to areas that are already zoned for these uses. GOAL:- DEFINE AND IMPLEMENT A DEVELOPMENT AND DESIGN CONCEPT FOR THE CITY CENTER THAT ESTABLISHES A VIBRANT FOCAL POINT AND IDENTITY FOR THE COMMUNITY. Policy C-8: Encourage a compatible mix of uses within the Central Business District (CBD) to stimulate a -variety of activities, facilities, and services, including in -city living. Policy C-9: Guide development of a compact CBD by focusing growth in the area defined by S. 312th St. on the north, I-5 on the east, 11th Avenue S. on the west, and S. 336th on the south. Policy C-10: Develop a publicly -owned center for public congregation, exhibits, spectacles, ceremonies, and cultural activities. 12 Policy C-11: Consider the location, size and shape of proposed buildings during all phases of development to preserve the desired character of the CBD and to assure reasonable light and views. Policy C-12: Prepare regulations to improve the quality and appearance of buildings, public facilities and street and sign graphics within the CBD. Policy C-14: Link major subsections of the CBD physically and visually by developing a system of boulevards, bicycle paths, walkways and parks within the CBD, as integral parts of the whole. Policy C-1S: Identify and preserve scenic vistas from within the CBD. GOAL-- BUILD A TRANSPORTATION SYSTEM THAT ADEQUATELY SERVES COMMERCIAL AREAS, ENCOURAGES USE OF ALTERNATIVE MODES OF TRANSPORTATION FOR WORK TRIPS, AND ALLOWS COMMERCIAL AND INDUSTRIAL GROWTH WITHOUT CREATING ADDITIONAL CONGESTION. Policy C-16: Develop streets and highways in commercial areas that meet projected as well as current needs. Policy C-17: Restrict entrances and cuts as much as possible on arterial to provider efficient through traffic movement in the CBD. Policy C-1& Control turning movements across oncoming traffic lanes by redirecting traffic patterns and channelization. Policy C-19: Integrate the design of streets, parking, pedestrian walks, bikeways and stores to vc_-access.4o=-shopping; pick-up �and-,delivery-of,-goods; employment; --housing; --- entertainment and cultural-activiti s-. - - - - �=�-`�^��`.'�•�•- '�ar'�.-...==^�'�..�,awrrr�sw, Policy C-20: Develop a transportation system that links activity centers with the Central Business District. Policy C-21: Require local access streets with sidewalks on both side to be built for internal circulation within industrial and office park developments. Policy C-22: Construct a network of streets, sidewalks and bicycles lanes within commerciallndustrial developments to prevent industrial sprawl along arterials, reduce traffic congestion, create a community wide non -motorized transportation system and more recreational opportunities. 13 Policy C-23: Uses generating non -employee automobile traffic during industrial work hours should be limited to retail and service activities serving the employees and businesses in the district. GOAL.• ESTABLISH DESIGN STANDARDS FOR COMMERCIAL AREAS THAT ARE CLOSELY RELATED TO THEIR FUNCTIONS BUT ENCOURAGE ATTRACTIVE APPEARANCE AND PROTECTION OF THE ENVIRONMENT. Policy C-24: Require that commercial and professional office developments devote a minimum of 10 percent of a site to open space (excluding parking), paths, watercourses, landscaping, malls, fountains, benches, outdoor works of art or similar environmental amenities. Policy C-25: Assure that commercial development has minimal impact on lakes, streams and drainage ways, air quality or noise levels. Policy C-26: Preserve natural vegetation and restrict unnecessary grading and/or clearing of sites on industrial and commercial sites. GOAL: PROTECT INDUSTRIAL AREAS FROM ENCROACHMENT BY OTHER USES AND UPGRADE THE QUALITY OF EXISTING INDUSTRIAL AREAS. Policy C-27: Provide landscape or open space buffers when residential aromas adjoin office park or industrial development. Policy C-28: Maintain a buffer area of natural vegetation or landscaping on all sites adjacent to I-5. - Policy C-24: Provide Iandscaping along property lines which adjoin public rights -of -way, unless topography and natural landscaping eliminate the need. Policy C-30: Prohibit billboards, and regulate identification and advertising signs in commercial and industrial development. Policy C-31: Use landscaping to screen and "break up" large areas of parking in commercial developments. Policy C-32: Develop industrial districts which fit harmoniously into their surroundings by grouping similar industries to eliminate land use conflicts, share public facilities and services, and improve traffic flow and safety. 14 OPEN SPACE One of the most important and valued elements in a high quality living and working environment is open space. As a community such as Federal Way grows and population density increases, the need to provide open space becomes more critical for protection of natural systems and the visual character of the community. Open space will be one of the most important land uses in establishing the appearance and aesthetic environment of the future city. Open space can contribute to a reduction in environmental impacts such as noise and air pollution, increase the value of adjacent properties, and provide a valuable source of passive and active recreation. It is the primary element in creating a beautiful city. The potential components of a community open space system are parks and outdoor recreation areas, steep slopes or other hazardous areas that are unsafe for development, wetlands, storm drainage systems, native growth protection areas, shorelands, and lands held commonly within residential or commercial developments. Because many of these open space systems cross political boundaries or may have regional or statewide significance, it is important that their acquisition and use be coordinated between local and state jurisdictions. Because of the location and topography of Federal Way, there are many opportunities to create open space areas that have multiple purposes while retaining their natural appearance and functions. Much of the potential open space land is well distributed throughout the community and can be linked in well-defined corridors. Open space cannot be obtained by regulation in the sense that a zoning classification is adopted and no other use of the land can be made. There are several methods for setting aside open space for public use and enjoyment: urchase- of € &--title by- a public agency. ►90 2. Voluntary dedication by a private party. 3. Conservation easements or other covenants that do not transfer fee title of the property 4. Requirements within subdivision and development ordinances for maintenance of a certain percentage of permanent open space as a condition of approval of a project. These frequently include hazardous or sensitive areas on a site, but may also be applied to sites without hazards as a community standard. 5. Development of landscaped areas that buffer and separate land uses or parking. pl�l1l� ��I�RP°jAoipl�F�r�•-s�',aar.-�«�'n.�r...Tv.-}•._a-„ra. - ' rxr»w�.!r�-'err+ra+.�-r�cti+t.-fts.^r7ruw 6. Deferred taxation for agriculture and open space. 15 The City's open space plan should identify areas to be protected, the criteria for designation and the techniques that will be used to achieve the plan objectives. The City will need to determine whether dedications will be encouraged and accepted, and to outline a program for acquiring or protecting the most vulnerable open space areas. The Plan should also provide the authority and 1 intent for setting aside open space within private developments. Designated open space areas that may not be obtained through development review, by voluntary dedication, or through other public programs should become part of the City's Capital Improvement Program to assure that some purchases will occur annually. If this does not happen, it will be difficult to allocate funds for this purpose because of competition with other needs that may have a higher priority. ISSUES: 1. Development of a planned and classified system of open spaces. 2. Encouragement of voluntary dedication, and adoption of criteria for acceptance of dedicated open spaces. 3. Integration of all available techniques to set aside open space into the City's development ordinances and program planning. 4. Coordination of open space planning and acquisition with other affected jurisdictions. 5. Expansion of the parks and recreation system to give priority to passive or aesthetic elements in addition to more traditional recreation uses. 6. Establishing priority for purchase of open space in budgeting and capital improvement programming. 7. DeveIopment of in -lieu payments or other techniques to reduce the impact of new development and provide a fund for purchase of open space. 16 OPEN SPACE POLICIES GOAL: Open spaces should be identified and preserved to maintain the natural beauty of the community and to provide views, protection of sensitive areas, recreation and other benefits. Policy OS-1: Plan for a system of open space classified by function and use that is coordinated with storm drainage systems, parks, and landscaping.. Policy OS-2: Keep open spaces evenly distributed throughout the planning area to ensure relief from intensive urban and suburban development, and to provide visual and physical space between uses. Policy OS-3: Give equal priority to passive or aesthetic open space uses as well as more traditional recreation uses. Policy OS4: Require both passive and active open space in residential, commercial, and industrial developments as an amenity for the site users. Policy OS-5: Allow multiple uses of open space when the uses and terrain are compatible and each use has sufficient area. Policy OS-6: Coordinate and connect open spaces with the local and regional trail systems whenever possible. Policy OS-7: Assure that open space areas provided in residential and commercial developments are safe, and maintained in good condition for the appropriate use. GOAL• Natural systems and natural features recognized for their sensitivity to urban Jcvelopmen,t-should be -protected -as -open-space when, development- occurs._ _ -,;_ - - .•- - Policy OS-8: Integrate open space requirements into the City's development ordinances and program planning. Policy OS-9- Require mitigation payments, or other mitigation techniques, to reduce the impact of new development and provide funds for purchase of open space. Policy OS-10: Encourage voluntary dedication or other set -aside of open spaces based on adopted guidelines for use and maintenance. Policy OS-11: Reduce impacts on unique and fragile open spaces by limiting public access. Policy OS-12: Promote establishment of conservation easements or other linkage between sensitive areas to connect open spaces or natural systems. Policy OS-13: Coordinate open space planning and acquisition with other agencies. 17 LAND USE ISSUES: SOURCES King County, Federal Way Community Plan, 1986. Georgette Group, The Federal Way Incorporation Study, 1988, Craig Larsen, Chandler Feldt, King County Parks, Planning and Resources, Comprehensive Planning Section, Personal Communication, November 1989. King County, Land Development Information System, "Housing Counts for Cities and Towns," September 25, 1989. King County, The 1989 Annual Growth Report, Department of Parks, Planning and Resources, June, 1989. King County, Housing Affordability in King County, Department of Parks, Planning and Resources, November 1988. Seattle -Everett Real Estate Research Committee, Seattle -Everett Real Estate Report, Spring, 1989. Puget Sound Council of Governments, Population and Employment Forecasts, 1988. ',ram.: _--� .. :..- _.`--..., ..:-_''-.:,xx.;�[P_ � �-Ss.•.ra-�:-'r•Si•.a'r. -itrti ?•�JrSE=y i4r�a: �S•sY3+•.� rRt g"�'"�.r�ae`.�•. __-= -.ten- r.�__: _. .._ -.�_.� a=— _-' _�--_-_ _-. --. �- _ ._. _.. - Ma 18 LAND USE CLASSIFICATIONS LOCATIONAL CRITERIA Ile land use classifications in the Comprehensive Plan are intended to recognize the relationships between broad patterns of land uses and set forth location criteria for each specific class of uses consistent with the long term objectives of the plan and the capabilities of the physical environment. These classifications provide the purpose and intent for designation of specific zoning districts. RURAL RESIDENTIAL Ibis classification permits uses that are more rural in character and less concentrated than nearby urban areas. The purpose of the district is to maintain very low density residential uses on large lots to encourage agricultural activities and continued farming, when practical, as a permitted use. The rural residential classification is also intended to increase open space to protect sensitive wetlands and recharge areas. Agricultural activities should be regulated to protect water quality and prevent disturbance of wildlife habitats. LOW -DENSITY RESIDENTIAL The low -density residential classification provides a residential environment with substantial open space and larger lots, particularly in moderately sensitive natural areas. These areas would have densities no higher than 2-3 dwelling units per acre to create a visual and physical transition from semi -rural land uses to suburban residential uses. Generally; -sewersz weuld- be-requiredz except-wherwoak%--andf-rainage• -permit the use; of septic---- -- - - systeht-30 - - SUBURBAN RESiDEIv"ITAL Suburban residential areas include residential areas ranging in density from 4-8 dwelling units per acre. They are planned to meet projected community needs for housing based on the underlying suitability of the land, adequate urban services including utilities, streets and public services, and location away from steep slopes, wetlands and floodplains. Slopes should generally be no greater than 15% except where soils conditions permit limited development on slopes up to 25%. A range of densities within the classification encourages a variety of housing types and choices by economically using urban land to discourage sprawl. These are areas intended to provide stable and attractive neighborhood environments close to schools and other community facilities, and may include limited compatible land uses. 19 URBAN RESIDENTIAL The Urban Residential classification provides a higher density residential environment from 8-12 dwelling units per acre that is compatible with adjacent single family neighborhoods, but allows development of attached and multiple units, at low densities. Criteria for establishment of this classification include projected demand and community need and the availability of urban services. The classification can be used to provide separation of single- family uses from commercial, industrial and high -density multi -family uses that may be less compatible with low -density neighborhoods. Land suitability for this class of uses requires that slopes be less than 15%, and are free of hazards. Urban residential uses should be convenient to commercial and employment centers, but should include only limited supporting uses within the district. They should have good access to collector and arterial streets. The RM 2400 zone may be used as a transitional density from suburban residential or commercial uses. HIGH DENSITY RESIDENTIAL High density residential uses provide maximum population densities in areas of intense urban activity. The classification is intended to be mixed or associated with commercial and retail uses, or to provide a transition from commercial or industrial areas to lower density housing. When used as a transition to industrial land uses, high density multi -family uses should be separated by topography, natural features, open space and landscaping to reduce potential impacts on the residents. t These uses should be located in close proximity to major thoroughfares and transit systems, and s auid-hatre'dis ci conri�c7iciii5 ta-recreation and emplo}fineni areas. AdeSuate services'-mt1st 6 �..r..---x�. x ,.. _ . �.,r a ailahfe, particu ar y transpartat�on services, and tram6 oar mmt es districts s iauld not a irecte through lower density residential areas. Slopes should be no greater than 15% and should be free of hazards. Areas designated for these uses should not contain sensitive natural environments. 20 BUSINESS The business classification is intended to provide centralized areas for retail, service and professional office uses that are convenient to residential areas and the transportation network. They are the focus for community activities and public facilities within neighborhoods and in the community as a whole. Neighborhood business centers should serve areas with a population of at least 5,000 people. They are designed to provide convenience commercial uses and household related services only and should be limited in area to prevent expansion into adjacent neighborhoods. They should be recognized focal points historically associated with the surrounding community. Because of their location near neighborhoods, they should be compatible in design and attractively landscaped. They should be located on arterial streets or intersections in areas with adequate pedestrian access. Community business serves a broader population, providing land area for mixes uses, particularly activities that require access to major arterial streets, and generate higher levels of traffic. These uses may need additional area for outdoor storage or visibility from arterial streets. Community businesses are primarily oriented to automobiles, but should have pedestrian access from adjacent residential areas and streets. They should be designed and landscaped to minimize the impacts of high automobile usage on adjacent uses, and need to be adequately supported by urban services such as streets, utilities, police and fire protection, and public transportation. The City Center is the economic center of the City providing services to a sub -regional population base. It is intended to be a compact, pedestrian -oriented shopping and employment district that provides a variety of urban activities and services. As the focal point for cultural, recreation and social activities, the City Center should be safe, attractive and convenient. Uses in this district should meet high standards for design and appearance. Professional office zones are intended to provide areas for intensive professional, institutional and _ commercial office uses.._ They are encouragedxas_part_ofof.mixeduserpects,and.as_transitiafzq__=______-_.__ s�muier iallndustriaL-.uses_A,o-resid�entia OFFICMNDUSTRIAL Office Parks are intended to allow a range of professional, scientific, and business uses in a campus - like setting harmonious: with their natural setting. They may incorporate sensitive environmental areas as open space and amenities provided they meet high standards for maintaining natural vegetation, providing landscaping and superior architectural quality. They are intended to provide a quality work environment with recreational activities and limited supporting retail uses or services. 21 Industrial parks are intended to provide a location for light manufacturing, warehouses, and processing activities with proximity to resource and material suppliers. Because the availability of land for these uses is limited, retail uses should be strictly limited. They should be located on sites free of hazards or sensitive natural areas, and where some separation can be maintained from residential land uses. Streets and road within these areas should be adequate to handle large vehicles and minimize conflicts with traffic from residential and commercial areas. Industrial parks should have access to the regional transportation system and public transportation systems to expand market and employment areas. Sites should have more than one arterial access to improve safety and traffic flow. OPEN SPACE The Open Space classification is intended to preserve parcels presently used for parks, recreation or open spaces, and designate potential properties for these uses. Lands to be designated for these uses include: a. Lands presently used as parks or open spaces, or proposed to be used for these purposes. b. Sensitive areas such as wetlands, natural wildlife habitats, aquifer recharge areas, steep slopes or other characteristics; c. Lands providing public access to streams, lakes, and shorelines; d. Areas with outstanding scenic or recreational value; e. I:an va ua M ❑r actwive and passive re-creaiion. '2 LAND USE CLASSIFICATIONS Plan Classification Density Range Zoning Classification Rural Residential 1 du/5 ac. Suburban Estates (SE) 1 du/ac. RS 35,000 Low -Density Residential 2-3 du/ac. RS 15,000 Suburban Residential 4-6 du/ac. RS 7,200 RS 9,600 Urban Residential 8-12 du/ac. RS 5,000 RM 3,600, High Density 13-31 du/ac. RM 2,400 Residential RM 1,800 Business No residential Neighborhood Business 31 du/ac. Community Business 48 du/ac.l City Center No residential Professional Offices Industrial No residential Office Park No residential Manufacturing Park Open Space No residential ..�.... ���w� Duplex perniitted with "D" sn1 --- =In mixed uses only. 23 Land Use Plan Map The Comprehensive Land Use Map is available at the Department of Community Development. �./•�K.wi�nyy�.r�.. -�v Y��a+w�•.�*���ri�"rti..+w+�..n ..�.. _ �.n �++. .�V� _ _ _ c.ww'T�+.,��—�__-_�.�..wr _ �w.rr-ter-• 24 CIRCULATION SUMMARY OF EXISTING CONDITIONS The transportation system in Federal Way and throughout the central Puget Sound region is one of the most vital infrastructure resources provided by local governments. It is both a service to the public and a tool for economic growth. As the region's population continues to grow, more demand will be placed on the transportation system causing increased congestion and concerns about the overall quality of life in our business and residential communities. The greater Seattle region was recently selected as one of the most liveable areas in the United States. We are also ranked as the sixth most congested region in the country. The current economic vitality of the region is expected to continue throughout the next decade and beyond, resulting in population and employment gains that exceed the national average. This will add pressure on local governments to expand and maintain the region's transportation system, a challenge that will require a great deal of cooperative effort between jurisdictions. According to the most recent forecasts by the Puget Sound Council of Governments, the population in the City of Federal Way is expected to reach 64,000 by 1990, and 79,000 by the year 2000. The population in the Federal Way forecast area is expected to reach 100,357 in 1990, and 125,663 by the year 2000. This will make Federal Way one of the fastest growing areas in King County. The population increase is expected to be predominately located west of I-5, with large increases in the West Campus area of the city. Employment in the area is forecast to increase by nearly 13,000 jobs by the year 2000. The majority of the employment will be in service -oriented businesses. The large increases in population and employment in the City of Federal Way will result in a significant increase in traffic volumes and congestion. East -west arterials will probably experience the largest demands, especially those located between SR-99 and I-5. North -south arterials will also _ �.. .,<.....,... earperiea�-sagnif a® incsreasea with go --increase in,travel -demand -between• Federal -Way- and, the High1ifitii`e�' and' North "Tacoma. - Even today without the expected increases in population, employment and traffic volumes, many of the roadways in Federal Way are operating at a poor level of service. Most notably, these include South 312th Street, South 320th Street, South 348th Street, South 356th Street, 16th Avenue South, and SR-99. By the year 2000, King County estimates continued capacity problems on these roadways in addition to SW 312th Street/Dash Point Road, SW 330th Street, and SW 336th Street. Improvements to these facilities will probably be required under Federal Way's jurisdiction. Some of the capacity problems may be solved by improving freeway access and providing collector -distributor roadways adjacent to the west side of I-5 through cooperative efforts with the Washington State Department of Transportation. With the expected increases in traffic volumes, the role of alternative modes of transportation becomes more important in addressing the congestion issue. Currently, METRO provides transit service in Federal Way with 20 transit routes and three park-n-ride lots. The transit routes include both express and local bus service. The Federal Way community has shown an interest in r improving the transit system in the city, especially for local travel and between nearby communities. An interest in better pedestrian and bicycle facilities has also been expressed, as well as recreation and equestrian trails. To adequately address the transportation issues in Federal Way, a comprehensive, well-balanced plan is essential. Building new roads or improving existing streets is one part of the equation. Providing attractive and efficient transit service is another. Transportation management plans to encourage commuters to carpool and use the transit system will also help reduce, or at least maintain, existing levels of congestion. All of these issues and others, such as financing and transportation's relationship to land use, should be addressed in the City's Comprehensive Plan which is supported by a separate Transportation Plan. The City's Transportation Plan should contain the goals and policies that provide a framework for future decision makers to effectively implement changes to the transportation system. This means the plan should be results oriented and geared toward posturing Federal Way to be in the best possible position to address these changes. Therefore, the plan should contain a long-range transportation improvement program which prioritizes capital improvements based on needs. While this plan will most likely focus on improvements to the City's arterial roadway system, many of the prioritized improvements should also address transit, carpooling, bicycles, pedestrians and safety improvements. The development of the Transportation Plan should include public input through a formal public involvement program. In a sense, the central Puget Sound region has become one urban area, under the jurisdiction of more than 70 governmental bodies. It is therefore important to integrate a cooperative element ' into the transportation plan which encourages the joint development of transportation improvements with -King County; Pierce County, Tacoma, Des Moines; -Kent; Aubum, WSDOT; METRO -'and -- others. The responsibility for financing the needed transportation improvements and operations should also be addressed. Projects which cross jurisdictional lines should be funded by all of the agencies involved or benefited. Likewise, a mitigation system should be established which provides private sector financing for transportation improvements needed as a result of development projects. Several federal and state funding sources are available for transportation improvement projects. These include the following: Federal Funds FAUS - Federal Aid Urban System FAS - Federal Aid Secondary FASP - Federal Aid Safety Program BR- Bridge Replacement Funds 26 State Funds Urban Arterial Trust Funds Transportation Improvement Account WSDOT Category C Program • Subject to funding (gas tax) Once the City of Federal Way incorporates, it can also finance transportation improvements by using monies from the general fund, creating local improvements districts (LID's), using monies from general obligation bonds or councilmanic bonds, creating transportation benefit districts, or through public/private cooperative financing. If approved by the legislature, the City will also have the authority to create local option transportation taxes, such as a road utility or a local gas tax (subject to voter approval). All of the federal and state funding options require the City to create and maintain a Six -Year Transportation Improvement Plan (TIP). This planning document contains a listing of prioritized projects, identifies the estimated cost for planning, designing and constructing the proposed transportation improvements, identifies funding sources, and estimates the timing of fund expenditures. The Six -Year TIP for the City of Federal Way can be developed from the results of the Transportation Plan described above. To qualify for funding from the Transportation Improvement Board the TIP needs to be completed by July of 1990. ITEMS NEEDED FOR INCORPORATION Functional Classifications In accordance with RCW 47.26.180, the City of Federal Way is required to divide all of its roads and streets into three functional classes; principal arterials, minor arterials, and collector streets. This classification is required at the time of incorporation. For transportation planning, design and financing purposes, streets and highways are grouped according to the character of service they are intended to provide. Land access and mobility are primary characteristics involved in the classification of urban roadways. Principal arterials are intended to provide high mobility and limited access to adjacent land uses. The principal arterial carries most of the trips entering and leaving the urban area. Frequently, the major transit routes for an urban area are located on the principal arterials. The spacing of principal arterials in Federal Way should vary from one-half mile to no more than one mile in the highly developed central business district area, to no more than two miles in the urban fringes. Minor arterials are intended to serve as the distribution system between principal arterials and collector roadways. They provide a higher degree of land access and less mobility than the principal arterials. The minor arterial street system includes all arterials not classified as principal arterials. Local bus routes are usually located on minor arterials. The minor arterial streets in Federal Way should be spaced from 1/8 to 1/2 mile in the central business district to no more than two miles in the urban fringe. Ideally, minor arterials should not penetrate residential neighborhoods. 27 Collector streets collect traffic from local streets in residential neighborhoods and channels it into the arterial network. The collector street thus penetrates residential neighborhoods and provides a rough balance between land access and traffic circulation. Local bus routes may be located on collector streets. Local streets permit direct access to adjacent land uses and offers the lowest level of traffic mobility. All roadways not classified as principal arterials, minor arterials or collector streets are classified as local streets. Local streets in Federal Way should be designed to discourage through traffic movements. Bus routes should not be permitted on the local street network The recently adopted King County Transportation Plan includes a functional classification of the roadways within the city limits of Federal Way. This classification should be adopted by the City on an interim basis to allow incorporation in a timely manner. However, once the City of Federal Way has adopted its goals and policies regarding transportation and land use issues, these functional classifications should be re-examined and updated to reflect the direction of City policy makers. King County first classified their roadway system in 1964. These original classifications were updated as part of the 1974 Transportation Plan. Recently, the roadway systems throughout King County were again examined for their specific functions and their role in the overall transportation network, and were reclassified accordingly. The roadways in Federal Way that were affected by this reclassification include the following: Roadway Limits Old New Campus Way 1st Ave S - 21st Ave SW Collect Prin. SW 344th Ext Campus Way - 21st Ave SW Local Collect Campus Way 21st Ave SW - Hoyt Rd Local Prin. SW 340th St SW 344th St/ 21st Ave SW - S 340th St Local Collect 35th Ave SW S 272nd St 16th Ave S - SR-99 Collect Minor S 324th23rd/ SR-99 - 28th Ave S Local Collect S 317th St llth PI S/ SW 320th St - SR-99 Local Collect S 324th St S 288th St SR-99 - 51st Ave S Collect Minor 16th Ave S S 272nd St - S 279th St Minor Collect llth PI S/ S 324th St - S 336th St Local Collect 13thAve S S 333rd St 1st Ave S - 13th Ave S New Collect A 0 17th Ave S/ S 324th St - S 336th St New Collect 20th Ave S 9th Ave S S 336th St - S 348th St Local Collect 23rd Ave S S 317th St - S 312th St Local Collect S 316th St 23rd Ave S - SR-99 Local Collect S 356th St SR-99 - SR-161 Local Minor Source: King County Transportation Plan Roadway Standards State law does not require the City to adopt roadway standards prior to incorporation. However, once the City incorporates, a set of standards should be in place to guide developers and other private parties constructing or modifying road or right-of-way facilities where City permits or approvals will be required. The roadway standards adopted by the City should provide design and construction guidelines for all classifications of roads, surfacing materials, driveways, pedestrian facilities, trails, roadside safety features (lighting, guardrails, etc.), drainage facilities, bridges, utilities and miscellaneous roadway elements. Most of the roadways in the City of Federal Way were designed and constructed in accordance with King County Road Standards. These standards have been developed over a long period of time and are quite thorough and up to date. The development community is familiar with the requirements of these standards and have conformed to them for project approvals. Therefore, on an interim basis, the 1987 King County Road Standards (Ordinance No. 8041) should be adopted by the City of Federal Way at the time of incorporation. These standards can be modified as the City matures, or they can be eliminated altogether if the City chooses to create its own, unique set of roadway standards. ISSUES: 1. The transportation system in Federal Way should emphasize safety in conjunction with capacity concerns. 2. The development of Federal Way's pedestrian, bicycle and equestrian facilities should be based on a systems approach, with safety considerations being held in primary importance. 3. An area -wide approach should be used in analyzing development or rezone impacts on the transportation system. What are the cumulative effects on the entire system from a proposed action? 4. Traffic impacts created by developments should be mitigated by the developer. On the other hand, existing traffic deficiencies should be addressed on a'broader scale, including mitigation by the City of Federal Way. _ 29 5. Improvements to the transportation system in Federal Way should be planned and designed in a regional context, providing close coordination and cooperation with other agencies such as King County, Pierce County, area municipalities, WSDOT, and METRO. 6. Different land uses generate different demands on the transportation system. In Federal Way, land use and transportation should be considered jointly in making decisions related to land use changes. 7. Landscaping improvements should be encouraged in transportation projects. These landscaping improvements should be based on a city-wide landscaping plan and coordinated through the Parks Department. 8. New commercial and business developments in Federal Way- should access their properties from local access streets. New access locations on existing arterials should be limited or not allowed to increase. 9. Transit and carpooling should be encouraged in Federal Way. Additional local bus service should be provided by METRO between communities in Federal Way and between neighboring cities. 10. Federal Way should participate in the regional decision to implement high -capacity transit systems. Where appropriate, and where it agrees with regional plans, rights -of -way for high - capacity transit should be reserved in Federal Way as development occurs. 11. Transportation improvement projects in Federal Way (including street, transit, pedestrian, bicycle and equestrian facilities and safety improvements) shall be prioritized according to need, to achieve the best use of public funds. 12. Federal Way should take full advantage of all available funding sources to finance transportation improvements within the city. As state legislation is developed to allow municipalities to form street utilities, the City should create a consistent, dependable source of funding for the implementation, operation and maintenance to their transportation system. 13. Improved access to and across the Interstate freeway should be implemented to provide the maximum degree of mobility within the city and surrounding communities. 14. Completion on the overall grid system to increase capacity and efficiency is needed. 30 TRANSPORTATION POLICIES GOAL: Develop a transportation system that provides mobility, and emphasizes safety and aesthetic as well as capacity concerns. Policy T-1: Plan and develop pedestrian and bicycle facilities on a systems approach, with safety consideration of primary importance. Policy T-2: Implement programs that encourage transit use and carpooling. Policy T-3: Work with METRO to provide additional local bus service by METRO in Federal Way and -between neighboring cities, and to provide a transit center in the CBD. Policy T4: Require landscaping improvements in transportation projects based on a city-wide landscaping plan coordinated by the Parks Department. Policy T-S: Require new business and commercial developments to enter their properties from local access streets, and limit or prohibit new access locations on existing arterials. Policy T-6: Develop a priority system based on need for transportation improvement projects to achieve the best use of public funds. Policy T-7: Give high priority to completion of the road and highway grid system. Policy T-& Implement improved access to the Interstate to provide improved mobility within the City and surrounding communities. Policy T-4: Improve the appearance of streets by landscaping, undergrounding utility lines, minimizing signs and clutter, and by providing street furniture and lighting. GOAL• Plan and design transportation improvements in a regional context that integrates land use and circulation systems. Policy T-10: Analyze development and zoning impacts on transportation using an area -wide approach that integrates cumulative impacts on the entire system. Policy T-11: Provide close coordination and cooperation with other agencies such as King County, Pierce County, area municipalities, WSDOT and NL =O. Policy T-12: Require mitigation of direct transportation impacts created by new development. Policy T-13: Address existing circulation and traffic deficiencies on a community -wide scale and implement appropriate public improvement programs. 31 Policy T-14: Participate in the regional planning and decision process to implement high -capacity transit systems, and, where appropriate or in agreement with regional plans, reserve rights -of -way for high capacity transit as development occurs. Policy T-15: Create a consistent, dependable source of funding for the implementation, operation and maintenance of the transportation system that takes advantage of all available funding sources for transportation improvements. Policy T-16: Work with WSDOT the develop HOV lanes as SR 99 is upgraded. 32 ARTERIALS City of Federal Way Comperhensive Plan 0 1/2 1 Scale in Miles North ., w4 .0 M - 1 1 1 Principal Ar I1111111111 Collector Ai 0000000 Minor Aa wl as WI LSEY&HANI PACIFIC 33 Natural Environment NATURAL ENVIRONMENT WATER Groundwater Federal Way is dependent on groundwater for all its City water uses. Several wells penetrate aquifers at successive depths from which water is pumped to storage tanks located throughout the City. The Federal Way Water and Sewer District is responsible for this utility. There are three main aquifers which provide water within the study area. The Redondo -Milton Channel is the aquifer closest to the surface and is also the most prolific. The Intermediate aquifer is from 150 to 500 feet below ground and feed eight wells. Only one well extends to the deep aquifer, which is 700 to 900 feet underground. The utility is in the process of digging another well in this aquifer. Given the current and projected growth rate of the City in conjunction with the draw down on existing aquifers, it is projected that by the year 1993, the maximum potential of the aquifers will be reached. Concurrent with the development of additional wells are negotiations with the Tacoma Water Department to secure additional municipal water supplies from that utility. Tacoma's plan for Pipeline 5 calls for delivery of additional water to Federal Way residents by 1993 and would provide water needed to accommodate projected growth in the City. There is potential for delay because of possible lawsuits. Federal Way's water district is unusual in that the water from its wells is not treated in any way. There is some manganese in the water but steps to contain that element are undertaken every three years and it is not considered a problem. The water is not currently chlorinated and although the federal Clean Water Act mandates that all drinking water will be chlorinated, Federal Way authorities plan to apply for a waiver because of the unusually high water quality they now enjoy. In order to preserve the nature of the aquifers which supply this water, certain management practices should be observed. The recharge areas are and will be subject to development pressures. To the extent possible, these should be preserved in low density uses. (The utility has a map which outlines the known limits of the Redondo -Milton Channel.) Secondly, those areas allowed to be developed within an aquifer recharge zone should incorporate paving practices which allow infiltration of stormwater into the groundwater system. This could include free -draining asphalt, on -site retention ponds, and recognition of and respect for existing bodies of water. An education program aimed at water conservation practices is also recommended. 34 Surface Water Wetlands There are a large number of wetlands within the proposed City limits. Forty-six are identified on the King County Sensitive Areas map. Hydrologically, wetlands store water and slowly release it into the drainage system. When wetlands are filled, that capacity is lost. The wetlands in Federal Way are being encroached upon by recent development. They are being filled in with permission from the County or as a result of careless construction practices. Roads are constructed over them and some are used as retention/detention ponds adjacent to new development. Those wetlands located in zones which are being_ developed are left without any vegetative buffer zones around them. Many are treated as dump sites for refuse. Of special concern is the need to recognize the importance of wetlands of the study area within the :context of the entire drainage basin. In particular, regarding the Hylebos, this system drains into Pierce County and there is severe flooding in the low lying basin. Development in Federal Way thus can have an impact on the drainage system several miles away from the City's limits. Increased clearing, filling of wetlands, the creation of impervious surfaces are all impacting the entire basin. This means that during a major storm event, the potential for flooding downstream is increased. Streams and Lakes Federal Way has an abundance of streams and small lakes, all of which are being impacted by the current growth trend. Of concern is the impact of development on the watersheds that drain to the main channels and lakes. Because many of the area's wetlands have been lost to development, rainwater is no longer stored and released slowly to the streams. The loss of groundwater aggravates this problem, since groundwater is commonly a source of water to streams during dry seasons. The result is that many of the streams in the study are completely dry for large portions of the year. When it does rain, runoff flashes rapidly through the system, eroding the channel and undercutting banks. When excess sediment falls into the stream it clogs the gravel beds that salmon use to spawn. Likewise, excess debris can create migration barriers. Any alteration of pre -development natural conditions alters the drainage system. All streams in the study area show impacts from development. Increased sedimentation of streams is the most evident, but pollutants as well are entering the waters from a variety of sources. The several lakes in the Federal Way area are for the most part shallow and are easily impacted by urban runoff. Aging is a natural process for lakes and these are being impacted in such a way that their aging process is being accelerated. A comprehensive monitoring of water quality in Federal Way's lakes has not yet been done. It is recommended that such a study be undertaken with help from Metro and the King County Surface Water Management Division. 35 Anadromous Fish -Bearing Waters The anadromous fish -bearing waters of Federal Way are those streams mentioned above and utilized in the life cycles of anadromous fish (fish that spend part of their life cycles in fresh water and part in salt water). The adults of this group of native fish return to their spawning areas on one to five year intervals depending upon the species. The eggs and subsequently the young remain in fresh water from a few weeks to as long as three years before entering the salt water environment. Water temperature, clarity and volume of the stream flow are important factors in survival of the juvenile members of these fish. The streams which are important to fish habitat in the study area are Joe's Creek, Lakota Creek and Hylebos Creek These streams are being impacted by the development pressures in Federal Way. Any clearing of native vegetation, filling of wetlands, extensive grading activities during the wet season, creation of large parking lots, etc., impacts the amount and quality of water carried to these streams. Of greatest concern is the increased sedimentation within the streams which covers the gravel beds so important to salmon egg survival. The increased flow of water and subsequent scouring of stream banks causes greater turbidity in the water which silts up the spawning beds. It is recommended that steps be taken which will ensure buffer zones are established along stream corridors. Restrictions on grading and filling of newly developing urban zones, restrictions on tree clearing, on -site retention/detention facilities for large-scale development, public education policies regarding respect for waterways, all will help to improve the quality of fish -bearing waters. Water Ouality Information regarding specific stretches of water is not currently available. King County division of Surface Water Management is in the process of sampling waterways in the study area during the winter of 1989-90. The draft report covering much of the Hylebos and lower Puget Sound basins within the Federal Way study area should be available in 1990. This information is going to be part of current and future conditions which will include water quality, habitat, hydrology and sediment. Metro has also done some water quality sampling within the region. However, their studies used only base flow as a basis for monitoring and this gives limited information. Samplings taken during major storm events, such as those undertaken by King County, provide a more accurate account of the content of streams during extreme conditions. Of concern in the monitoring which has been carried out so far is the evidence of fecal coliform in the water samples taken. While nether Metro nor King County has specific information regarding the source, it is theorized that leaking septic tanks are causing the problem. Poor animal - keeping practices is also a potential source, as is the practice of putting sewer lines through wetlands. It is recommended that an oversight committee from any surface water management utility which the City of Federal Way sets up, monitors and reviews the installations of the Federal Way Water and Sewer District. One major factor in the deterioration of water quality has been stormwater runoff. This is water which, prior to the urbanization of the watershed, was intercepted by vegetation and/or percolated into the soil. The amount of runoff' has been greatly increased because of the removal of natural vegetation and because of paving with impermeable materials. Stormwater flows over the surface and is usually directed to storm drains which empty directly into natural streams. The magnitude 79R of flow within the streams is greatly accelerated by the volume of flow from the parking lots, driveways, roads, roofs, lawns, etc. that have replaced natural vegetation. The water running off paved surfaces and urban lawns and gardens carries a variety of pollutants with it. The roads and parking lots, gas stations and driveways contribute pollutants from automobiles and trucks such as leaks from gas tanks, spilled oil, leaking anti -freeze, spilled brake fluid, etc. The urban lawns, whether those of private yards or corporate campuses, contribute excess fertilizers and pesticides during heavy rain storms. All these can enter the streams of fish - bearing waters and hence all enter directly into the Puget Sound. The volume of water within a given stream is greatly increased beyond the stream's natural carrying capabilities. In order to accommodate the additional flow, the stream scours its banks, trying to make greater room for itself. This leads to erosion of the banks and eventually to large sediment deposits as the stream enters the Sound. During flood conditions, the water in Hylebos Creek will carry this additional flow with its pollutants down through Milton and Fife, scouring banks there and carrying heavy sediment load to Commencement Bay. Streams entering directly in to the Sound carry their loads to Federal Way beaches. Specific areas of concern include Sea-Tac Mall with its vast parking lot. While this shopping center does have retention ponds, these appear to be too small to adequately reduce storm flows; the detention ponds have little effect on the quality of water released, only the volume. Other areas of concern are the bird farm at Enchanted Village (out of study area) where large amounts of animal waste are washed by stormwater into the Hylebos system, and Interstate 5 (I-5), which discharges into tributaries of Hylebos Creek. Habitat Wetlands in Federal Way currently provide the greatest amount of habitat. 'These areas provide food and shelter for a variety of songbirds, waterfowl, migrating birds, as well as small mammals and amphibians and reptiles. On the top of the plateau, streams have been largely channelized or piped. Even in those areas with lakes or wetlands, these systems have been greatly altered. Loss of wetlands and open spaces have resulted in dewatered stream channels or scoured channels during storms. Channels through residential areas (such as Joe's Creek) are without diversity of cover and provide virtually no habitat. The intense commercial and residential development in the study area has caused some irreversible loss of habitat. Loss of protective vegetation is the most obvious loss, but increased stream flow with its erosion and sedimentation of waterways, dumping of trash in wetlands and streams, organic and inorganic pollutants carried by surface runoff into streams and wetlands from urban areas, all these factors, separately or combined, are contributing to loss of habitat. 37 SENSITIVE AREAS Class III Landslide Hazards The valleys and shoreline bluffs of Federal Way border Puget Sound with steeply sloping unconsolidated glacial deposits that are highly susceptible to gravity sliding. The identification of areas susceptible to landsliding is necessary to support grading, building, foundation design, housing density and other land development regulations in order to reduce the risk of property damage and potential personal injury or death. Slope stability studies undertaken by King County identified landslide potential by means of aerial photo interpretations, field geology techniques, and analysis of existing data such as geologic, hydrologic, topographic and meteorologic factors contributing to ground instability. Areas subject to the most severe level of slide potential are identified and mapped as Class III Landslide Hazard Areas. Factors used in determining landslide hazard areas were as follows: Slopes 15 percent and steeper; • Areas of ancient landslide deposits, active landslides and areas determined to be susceptible to landsliding; • Substrate character --Lawton Clay or similar clay combined with sand, gravel, silt with clay layers exposed above base level on slopes 15 percent or greater. Potential for landslides in zones susceptible to earth movement is increased when protective vegetation is removed. A wooded area on or above a bluff helps to draw moisture from the soil and root systems help to hold soil in place. It is recommended that a clearing permit be required for any tree cutting in those areas marked as having landslide potential and on shorelines of the state as defined in the Shoreline Management Act. Additionally, steps need to be taken to prevent earth -moving activities on or above bluffs. There are numerous accounts of earth -moving equipment having pushed cleared soil over the tops of a bank, which can destabilize the lower reaches. The established drainage pattern which affects the water from is also of importance. The development activities which occur along the banks of those streams emptying into the Sound can also affect the landslide potential of that area. Removal of vegetation, paving of land, filling of wetlands --all the factors which increase surface flow to the channel --increase the volume and velocity of the stream which in turn scours its banks in order to contain more water. What was a small stream prior to urbanization can become a large one and the additional water draining down the bluff can increase the landslide potential. It is recommended that whenever a proposed development is in an area with a Class III landslide hazard, a soils study should be completed by a qualified professional. Their studies should include specific recommendations for mitigating measures such as construction techniques, design, drainage or density specifications, or seasonal constraints on development. m The accompanying map shown the location of those areas designated by King County as Class III Landslide Hazard Areas. Class III Seismic Areas Seismic hazards include ground failure, ground shaking, liquification and the triggering of events such as landslides and submarine slides in Puget sound. The principal damage caused by earthquakes is due to ground shaking and associated ground failure due to settling. Ground motion is amplified and damage to structure is most severe on unconsolidated soils. The entire Puget Sound regions is seismically active and extensively covered by unconsolidated glacial and alluvial deposits, a combination contributing to a high susceptiWity to earthquake damage. Those areas classified as being Seismic Hazard Areas are taken from the U.S .Department of Agriculture Soil Conservation Service maps which indicate soil types which are known to be composed of unconsolidated glacial and alluvial materials. These are: • Soils developed on compact to moderately compact glacial fill (Class I) • Soils with moderately well drained alluvium and glacial outwash of moderate density (Class II) It Poorly drained to impervious alluvium and organic soils which are usually saturated (Class III) All other soils types located on slopes greater than 15 percent (Class III) It is recommended that whenever development is proposed in an area mapped as a seismic hazard area (Class III), soil, geology, erosion and deposition hydrology studies be required. The accompanying map shows those areas mapped by King County as being subject to seismic hazards. Erosion Hazard Areas Erosion is a natural process of wearing away of the land surface by falling and running water as well as wind. Of all the geophysical forces, erosion by running water is by far the most important within the Puget Sound Basin. The susceptibility of any soil type to erosion depends upon the physical and chemical characteristics of the soil in addition to its protective vegetative cover, topographic position (slope and direction of storm travel), temperature, the intensity of rainfall and velocity of runoff water. The accompanying map shows the geographic distribution of soils which, according to the Soil Conservation Service of the U.S. Department of Agriculture, experience sever to very server erosion hazard potential. This group of soils includes: AgD Alderwood gravely, sandy loan AKF Alderwood-Kitsap soil BeF Beausite gravely sandy loan KpD Kitsap silt loam- OvD Ovall gravely loam OcF " 39 RaD Ragnar fine sandy loam RdE Ragnar-Indianola Association Rh River wash Cb Coastal beaches It is recommended that whenever development is proposed for an areas within a zone mapped as prone to erosion hazard, soil, geology and/or erosion studies be required. Additionally, steps similar to those listed under Wetlands and Landslide Hazards should be undertaken. Only with the control of the movement of surface water will erosion hazards be limited. ISSUES 1. Use King County's Sensitive Areas maps and habitat maps, and the Federal Way Water and Sewer District's aquifer recharge area map in preparing land use maps for Federal Way's new Comprehensive Plan. 2. Limit filling of wetlands or streams and establish buffer zones for these and their tributaries. Define a minimum threshold size for wetlands. Establish a goal of no net loss of wetlands. Adopt provisions that improve or enhance water quality and habitat. 3. Evaluate and modify specific policies, regulations and methods related to the management of surface water in the basin. Work towards a regional system of surface water management- 4. Maintain and/or enhance instream riparian habitat through land use regulations, community efforts, requirements for tree -cutting permits. Particularly sensitive habitats should be identified and should be protected with specific land use regulations. Establish identifiable buffer zones around wetlands land sensitive areas and protect these zones through land use regulations. 5. Increase enforcement of land use regulations currently in place and where necessary, propose modifications or new ones. An ordinance should be established requiring developers pay for the capital needs for their projects. The City of Federal Way should hire the consultant when an EIS is required for a project. 6. Develop appropriate working agreements among governmental agencies, including the Puget Sound Water Quality Authority, landowners, and other parties in order to implement the recommendations of this paper. 7. Enter an Urban Area Agreement with neighboring communities in order to supervise actNities outside the City which could impact the Federal Way area. 8. Establish Interlocal Agreement with King County's Surface Water Management division in order to benefit from ongoing water/wetland studies and policies in the Federal; Way area. 9. Because a Basin Plan is in progress, the City of Federal Way should implement that until they develop their own plan. 10. Use density controls in the land use plan in order to minimize impact to habitat, stream corridors, wetlands, landslide areas, shorelines. 40 NATURAL ENVIRONMENT POLICIES GOAL: Preserve the natural character of sensitive areas, habitats, wetlands, stream corridors, lakes and aquifer recharge areas in order to protect public health, safety and welfare, and maintain the beauty of the community. Policy NE-1: Define, inventory, and map sensitive areas,habitats, wetlands, stream corridors, lakes and aquifer recharge areas. Sensitive areas will include steep slopes, seismic hazard areas, erosion hazard areas, shorelines and wildlife habitat, and protection areas. Policy NE-2: Adopt special regulations limiting or preventing development within the most sensitive areas and require completion of special studies by qualified professionals when necessary prior to issuance of permits. Policy NE-3: Establish a system of wetland and habitat types based on value and sensitivity, and develop regulations appropriate for each type. Policy NE4: Protect and enhance wetlands by establishing a goal of no net loss of wetlands. Policy NE-5: Develop open space or landscaped buffer zones to protect sensitive areas, wetlands, stream corridors, habitat areas, lakes, and aquifer recharge areas. Policy NE-6: Enforce measures to be taken during construction to prevent erosion. Policy NE-7: Limit public access to habitat protection zones and the most sensitive wetland areas. Policy NE-8: Prohibit alterations of stream corridors or wetlands within habitat protection zones. Policy NE-9: Require environmental impact assessment and mitigation of potential impacts to sensitive areas before development is permitted. GOAL: Protect the quality of surface and groundwater, and maintain an adequate public water supply. Policy NE-10: Limit development in active aquifer recharge areas and incorporate these areas into the open space system. Policy NE-11: Prohibit installation of septic tanks in areas with poor soil conditions. Policy NE-12: Establish buffer zones to protect wellhead areas. Policy NE-13: Minimize the installation of sewer lines in wetlands or other sensitive areas. Policy NE-14: Retain existing wetlands and drainage channels to recharge aquifers and contain storm water run-off. Policy NE-15: Establish a water conservation program. 41 Policy NE-16: Establish a surface water management program to manage stormwater runoff and prevent water pollution. Policy NE-17: Establish regulatory measures to prevent flooding. Policy NE-18: Coordinate with other agencies involved with surface water management in order to implement the management strategies each has developed. These should include but are not limited to the King County Surface Water Management Division and the Puget Sound Water Quality Authority. Policy NE-19: Adopt a comprehensive basin plan based on the King County Basin Plan and implement stormwater management practices recommended in that Plan. Policy NE-20: Enter an Urban Area Agreement with neighboring communities in order to coordinate activities relating to sensitive areas outside the City of Federal Way. Policy N -21: Use density controls in the land use plan in order to minimize impact to groundwater and sensitive areas. 42 NATURAL ENVIRONMENT ISSUES: SOURCES Jim Miller, Federal Way Water and -Sewer -District, -Personal -Conversations, December 1989. Federal Way Water and Sewer District, "Relationship Between Land Use and Groundwater Protection", Report dated November 30, 1989. King County Surface Water Management Division, Personal Conversation, December 1989. Puget Sound Water Quality Authority, Studies and Reports, Personal Conversations, December 1989. Municipality of Metropolitan Seattle (Metro), Studies and Reports, Personal Conversations, December 1989. King County, Sensitive Areas Maps, Parks, Planning and Resources. King County, Reconnaissance Report No. 8, Lower Puget Sound 43 AQUIFER MAP OPEN WATER - - WATER COURSE � 2 =' FEDERAL WAY INCORPORATION BOUNDARY FEDERAL WAY WATER & SEWER BOUNDARY WETLANDS I • WELL I I --------- REDONDO MILTON CHANNEL AQUIFER (R-MC) i as n to - ------ INTERMEDIATE AOUFER NFLTRAT1pN RATING POTENTIAL - "GI/ INSIDE R-i1C MED NSCE R-MC MOH OUTSCE R-MC -- a w � hED OUTSCE R-UC no»"TOMM utu DC"Ort p • e LOW MLTUTCN Au "G l T 22 + 1� ----3 At �-ti - i • ._ '-����� .+u••..i ' � err --• .----. 1 tf L • ,�i, x � . » `,Y• -'_ _ . ice._: - � ��1 r 1• I� � r - - Y « 0 1.- I r1 .l.s .. ne.�r ... •.rr.. �M• .y �! r. 44 SENSITIVE AREAS SURFACE WATER City of Federal Way Comperhensive �- PlanScale in Miles 4 North Li Three -Year Implementation Objectives THREE YEAR IMPLEMENTATION OBJECTIVES Planning Cycle The Comprehensive Plan should be updated on a 10-year cycle. The revision of the Interim Comprehensive Plan should begin within six months of incorporation, and include a broad - based citizen participation process to amend and reaffirm the goals and policies. r Plan elements should be reviewed and updated if necessary every five years. The revision of the Comprehensive Plan to begin after incorporation should include development of the following elements in addition to review of those already adopted: Parks, Recreation and Open Space, Utilities and Community Facilities, and Health and Human Services. - Functional plans (sewer, water, solid waste, community facilities, open space) should be completed and revised every three to five years. A Capital Improvement Programs should be prepared during 1990 for a 6-year time period and updated annually. Housing Element - Initiate a residential land use inventory within six months of incorporation to assess zoning capacity and potential housing supply by type. By 1991, initiate zoning map amendments if needed- - During 1990, initiate application to HUD as an entitlement city in the Housing and Community Development Block Grant Program. - In 1991, begin a study of zoning incentives and other techniques to promote affordable housing. - In 1991, analyze capital improvement needs on a neighborhood -by -neighborhood basis. Commercial/Industrial - During the Comprehensive Plan revision, inventory commercial and industrial land available and the types of land uses. - In 1991, initiate a City Center Design Study to analyze and prepare design, linkage system (landscaped pedestrian bicycle system) and other guidelines for development of the City Center. By 1992, begin the site analysis and financing study for location of a civic center campus. M. Open Space - By 1991, complete an Open Space Implementation Plan and integrate into the Capital Improvement Program. Natural Environment During 1991, prepare a stormwater management plan using the King COunty` Basin Plan to be adopted in Januarr 1991, and the Puget Water Quality Authority Guidelines. During 1992, revise wetland regulations to'reflect state guidelines if necessary. Revise the Natural Environment Element during the Comprehensive Plan update to include energy conservation policies. - During 1991 initiate amendments to the Shoreline Master Program and Use Regulations. Transportation As part of Comprehensive Plan revision in 1990, develop a Traffic Model and Revised Transportation Element based on planned land uses. - During 1990, prepare a six -year Transportation Improvement Program. - During 1991, begin discussions with METR- O on improved transit planning in the City. - By 1992, initiate a study of transportation financing mechanisms and prepare legislation- - During 1992, prepare a Transportation Management Program. 47