Planning Comm PKT 05-20-2009
City of Federal Way
PLANNING COMMISSION
May 20, 2009
7:00 p.m
City Hall
Cmmcil Chambers
AGENDA
1. CALL TO ORDER
2. ROLLCALL
3. APPROVAL OF MINUTES
May 6, 2009
4. AUDIENCE COMMENT
5. ADMINISTRATIVE REPORT
6. COMMISSION BUSINESS
. PuBLIC HEARlNG
Federal Way Revised Code Amendments Related to
Adoption of the Current Swface Water Design Manual
7. ADDITIONAL BUSINESS
8. AUDIENCE COMMENT
9. ADJOURN
Commissioners
Merle Pfeifer, Chair
Lawson Bronson
Tom Medhurst
Tim 0 'Neil
Hope Elder, Vice-Chair
Wayne Carlson
Sarady Long
(Alternate)
City Staff
Greg Fewins, CDS Director
Margaret Clark, Senior Planner
E. Tina Piety, Administrative Assistant
253-835-2601
K:\PIanning Commission\2009\Agenda 05-20-09.doc
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CITY OF FEDERAL WAY
PLANNING COMMISSION
May 6, 2009
7:00 p.m
City Hall
Council Chambers
MEETING MINUTES
Commissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, Wayne Carlson, and Sarady Long.
Commissioners absent: Tom Medhurst and Tim O'Neil (both excused). Staffpresent: Senior Planner Margaret
Clark, Public Works Deputy Director Ken Miller, ESA & NPDES Coordinator Don Robinett, SWM Project
Engineer Fei Tang, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety.
Chair Pfeifer called the meeting to order at 7:00 p.m
APPROVAL OF MINUTES
The minutes of April 15, 2009, were approved as written.
AUDIENCE COMMENT
None
ADMINISTRATIVE REpORT
None
COMMISSION BUSINESS
STUDY SESSION - FWRC Amendments Related to Adoption of the Current Surface Water Design Manual
Mr. Robinett delivered t4e staff report. The city is required by the federal government to meet the requirements
of the National Pollutant Discharge Elimination System (NPDES) The goal of the NPDES is to reduce point
source and non-point source pollution carried by storm water. The Washington State Department of Ecology
(DOE) regulates this federal permit. The NPDES Phase II went into effect on February 15, 2007. The permit
requires that all affected cities create and implement a series of progrannnatic and! or regulatory changes. The
permit phases implementation requirements through 2012. The proposed amendments will bring the city into
compliance with the NPDES Permit requirements that take effect August 16,2009. These permit requirements
include: 1) adopt a stormwater ordinance consistent with the NPDES Permit that effectively prolnbits non-
storm water and illegal discharges to the municipal storm system; 2) adopt a surface water design manual
(2009 King County Surface Water Design Manual [KCSWDM]) as protective as (a.k.a. equivalent to)
identified sections of the 2005 Stormwater Management Manual for Western Washington (DOE Manual); 3)
removing barriers to allow for Low Impact Development (LID) Projects; and 4) adopt subsequent manuals,
including the 2005 Low Impact Technical Guidance Manual, the 2008 King County Pollution Prevention
Manual, and the City of Federal Way Addendmn to the KCSWDM.. In addition, the proposed amendments
will create a clear link between clearing and grading requirements and storm water review requirements.
Mr. Robinett explained that, "Low impact development (LID) is a storm water management strategy that
emphasizes conservation and use of existing features integrated with distnbuted, small-scale storm water
controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings."
LID focuses on on-site infiltration, treatment, and natural processes and can provide greater protection to
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Planning Commission Minutes
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May 6, 2009
natural waterways in terms of both water quality and quantity impacts. He then gave some examples, such as
green roofs, rain gardens, pervious paving, street design, etc.
Chair Pfeifer asked who would he required to maintain LID street systems. Mr. Robinett replied that it would
depend on if the system is in the city right-of-way or on private property. He noted that it is important that the
system be maintained in order to work properly. Vice-Chair Elder asked if there are any green roofs in Federal
Way. Mr. Robinett replied that the only one he is aware of is the Weyerhaeuser COlporate Headquarters.
Commissioner Bronson asked ifpervious paving included cobblestones; noting that when he lived in an area
with cobblestone a lot of people tripped on them. Mr. Robinett replied that cobblestones are one type of
pervious paving. There is also pervious concrete and asphalt. Commissioner Bronson noted that the picture
shown of a LID street system had no curbs. What protects pedestrians if there is no curb? Mr. Robinett replied
that safety is taken into consideration when designing an LID street system. One way sidewalks can be
separated from the street and pedestrians protected are through the use of a biofiltration swale. In addition, an
LID street system can be designed with curbs that have breaks for water to flow through. Commissioner Long
asked if an LID system, such as a rain garden, fails, who will be responsible to restore the system? Mr.
Robinett replied that staff is still in the process of developing maintenance requirements. The homeowners'
association or the city could be required to maintain the system. Commissioner Long is concerned that it could
be very costly for the owner to maintain the system Vice-Chair Elder asked for a ballpark figure of the cost
difference between regular asphalt and pervious asphalt. Mr. Robinett replied that he does not have the figures,
but pervious asphalt is more expensive, but it should be considered that an LID street system would not have
the costs of curbs, gutters, catch basins, stormpipe, etc. Vice-Chair Elder asked if the city is using LID? Mr.
Robinett replied that the city does have a couple of LID Pilot Projects. One problem is that the city code is a
barrier to LID; one must have a variance to use LID.
Mr. Robinett continued his staff report and explained the proposed amendments. Some of the proposed
amendments are in regards to Illicit Discharge Detection and Elimination (IDDE). IDDE regulations detect,
investigate, and remove prohibited discharges to the City's storm water system or natural waterways. The city
employs voluntary compliance and civil enforcement techniques as necessary to eliminate illicit discharges.
Commissioner Long asked if washing his car in his driveway is an illicit discharge. Mr. Robinett replied that
it is an illicit discharge if the runoff goes into the storm system. Washing one's car on the lawn would not be
an illicit discharge because the runoff would go into the ground and not the storm system. If the city were to .
receive a complaint about a person washing their car in their driveway, city staff would use education as
opposed to enforcement to seek compliance. Vice-Chair Elder asked what about charity car washes. Mr.
Robinett replied that the city has a program (called "Fish Friendly Car Wash") for charity car washes that
uses a kit that captures the runoff Alternatively, the commercial car washes will sell charities car wash tickets
at a reduced price that can be used to raise funds. The program is very successful with the highest use in the
state and is a model for other jurisdictions.
Commissioner Long asked how is the $100,000 threshold in FWRC 16.15.01 0(2)(i) calculated? Mr. Tang replied
that the amount is derived from the 2009 KCSWDM and is explained by the following footnote to the manual:
"This is the "project valuation" as declared on the permit application submitted to DDES. The
dollar amount of this threshold is considered to be as of January 8, 2001 and may be adjusted on an
annual basis using the local consmner price index (CPI)."
Chair Pfeifer asked since the threshold was done in 2001, should it not now be higher since home values have
risen? Mr. Robinett replied that the threshold amount could be changed; however, the 2009 KCSWDM is
currently going through a review by the DOE to determine if it is equivalent to the DOE's manual. If the city
were to change this threshold amount, we would have to maintain the equivalent status. Chair Pfeifer stated
the city should consider changing the threshold amount. Commissioner Carlson agreed and stated that a
worksheet for the public would be helpful. Mr. Robinett will research this issue.
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Planning Commission Minutes
Page 3
May 6, 2009
Commissioner Long commented that for section 18.60.5 O( 1), there are additional cross sections that may be
used for private tracts. Mr. Robinett replied that is beyond the scope of these proposed amendments, but he
will let the Traffic Division know.
One of the proposed amendments (section 19.130.120[2]) would establish a maximum number of parking
stalls and would allow for exemptions above the maximum if additional parking stalls are mitigated by LID
techniques (the parking ratio would stay the same). One of the purposes of this proposed amendment is to
encourage developers to consider LID techniques. It is not intended to be restrictive and staff believes use of
LID techniques may save developers money. Chair Pfeifer is concerned that a maximum nmnber ofparking
stalls may discourage a developer. Vice-Chair Elder agrees that it may put too much of a burden on
developers and they may go elsewhere. Commissioner Carlson commented that the flow from parking needs
to be managed and this proposed amendment is simply a different way of doing that. Ms. Clark commented
that the city will be implementing LID techniques next year and staff could wait on this proposed amendment
lIDtil that time. The Commission's consensus is to leave the current proposed maximmn parking as is and
discuss it further at the public hearing.
Commissioner Bronson commented that he would not discourage the proposed amendments. Commissioner
Long asked how much would an analysis of LID techniques cost? Mr. Robinett replied that any LID analysis
would not require more work than any other type of analysis the city may require and staff does not foresee
any additional cost for an LID analysis.
Commissioner Carlson stated that as an employee of AHBL he participated in development ofthese
amendments and asked for legal advice as to whether he should recuse himself Mr. Beckwith responded that
since his participation was minor, as long as Commissioner Carlson discloses that participation at the public
hearing and no one in the audience objects, Mr. Beckwith sees no conflict of interest and Commissioner
Carlson may participate fully in the public hearing.
ADDITIONAL BUSINESS
Ms. Clark announced that the 2008 Comprehensive Plan Amendments went to LUTC on May 4th and the
LUTC recommended they be forwarded to the City Council with no changes. They are on the May 19th City
Council Agenda for first reading.
AUDIENCE COMMENT
None.
ADJOURN
The meeting was adjourned at 8:30 p.rn.
K:\Planning Commission\2009\Meeling Summary 05-06-09.doc
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Federal
STAFF REPORT TO THE PLANNING COMMISSION
Public Hearing of May 20, 2009
Proposed NPDES Code Amendments -
Including Adoption of Manuals and Addendums
(City File No. 09-101238-00-UP, Related File No. 09-101239-00-SE)
Text Amendments to Federal Way Revised Code (FWRC) Title 13, "Buildings"
Chapter 13.15, "Building Construction Standards"
Text Amendments to FWRC Title 14, "Environmental Policy"
Chapter 14.25, "Environmental Policy Statement"
Text Amendments to FWRC Title 16, "Surface Water Management"
Text Amendments to FWRC Title 18, "Subdivisions"
Chapter 18.60, "Subdivision Improvements"
and Text Amendments to FWRC Title 19, "Zoning and Development Code"
Chapter 19.05, "Zoning and Development in General", Chapter 19.130, "Off-Street Parking", Chapter
19.135, "Development Improvements", Chapter 19.125, "Outdoors, Yards and Landscaping" and New
Chapter 19.120, "Clearing, Grading and Tree and Vegetation Retention"
I. BACKGROUND
The National Pollutant Discharge Elimination System (NPDES) is a federal permit that regulates
stormwater and wastewater discharges to waters of the State. While it is a Federal permit, the
regulatory authority lies with Washington State Department of Ecology (DOE). The NPDES
Phase II Municipal Stormwater Permit for Western Washington was issued by DOE on January
17,2007 and went into effect on February 15,2007. The permit requires that all affected
municipalities create and implement a series of programmatic and!or regulatory changes over a
five year permit cycle. While the Permit went into effect in February of 2007, the permit phases
implementation requirernents through 2012.
Since the effective date of this permit, City staff has been working with the DOE and several
regional forums to determine how to best rneet the permit requirements. City staff has prepared
Planning Commission Staff Report
NPDES Code Amendments
File No. 09-101238-00-UP
Page 1
the proposed code amendments to address the NPDES Phase II Pennit requirements taking effect
on August 16, 2009.
II. PURPOSE OF AMENDMENTS
Amendments to the City of Federal Way codes are proposed to bring the City into compliance
with the NPDES Pennit requirements taking effect on August 16,2009. These requirements are
identified in Sections S5C3 - Illicit Discharge Detection and Elimination and S5C4 - Controlling
Runoff frorn New Development, Redevelopment and Construction Sites sections of the NPDES
Phase II Pennit. These permit requirements include: 1) adopt a stormwater ordinance that
effectively prohibits non-stormwater and illegal discharges to the rnunicipal storm system; 2)
adopt a surface water design manual (the 2009 King County Surface Water Design Manual
(KCSWDM)) as protective as (a.k.a_ equivalent to) identified sections ofthe 2005 Stormwater
Managernent Manual for Western Washington (DOE Manual); and 3) revise existing regulations
to allow for Low Impact Developrnent Projects.
Adoption of the King County Surface Water Design Manual and Addendum.
· The KCSWDM is in its final stages (public comment process) of attaining equivalency to the
DOE Manual. Official DOE approval of the KCSWDM as "equivalent" is scheduled for
June/July of2009.
· The KCSWDM will replace the 1998 KCSWDM currently being used by the City.
· The KCSWDM as addended by the City of Federal Way will be used as the regulatory
manual for stormwater review, design and maintenance for all development and
redeveloprnent projects within the City.
· The 2009 City of Federal Way Addendum to the KCSWDM has been created to ease the use
of the KCSWDM within the City's regulatory framework and to ensure that all the City's
stormwater regulatory requirernents remain as protective as they were prior to the adoption of
the KCSWDM.
· The proposed amendments also include adoption of the 2008 King County Stormwater
Pollution Prevention Manual (KCPPM), which is adopted by reference in the KCSWDM.
The KCPPM is a stormwater pollution prevention best management practices (BMP) manual
which provides guidance on a wide variety of stormwater and water quality BMPs ranging
frorn residential to commercial practices.
Low Impact Development Code Amendments
· Low impact developrnent (LID) techniques are both structural and nonstructural best
management practices designed to increase storm water infiltration and treatment on-site.
LID emphasizes the use of natural processes in an effort to mimic the natural hydrologic
cycle. As a result, these techniques can help to restore natural flow rates and improve water
quality in our natural waterways.
· The proposed code amendments are designed to remove regulatory barriers within the City's
existing code to allow for the use of LID techniques on development and redevelopment
projects.
· Under the City's existing regulations, LID is only allowed as a variance to existing codes and
standards and is not permitted outright.
· The proposed code arnendments also adopt the 2005 Low Impact Development Technical
Guidance Manual for the Puget Sound, created by the Puget Sound Action Team (now known
as the Puget Sound Partnership).
· To clarify, the proposed code arnendments allow for, but do not require the use of LID within
the City. The amendments simply make LID techniques more accessible and easier to use
within the City.
Planning Connnission Staff Report
NPDES Code Amendments
File No. 09-101238-00-UP
Page 2
III. SUMMARY OF PROPOSED AMENDMENTS
The Public Works Department staff is proposing text arnendments to the Federal Way Revised
Code (FWRC) Chapter 13.15, "Building Construction Standards", Chapter 14.25,
"Environmental Policy Statements", Title 16, "Surface Water Management", Chapter 18.60,
"Subdivision Improvements", Chapter 19.05, Zoning and Development in General", Chapter
19.125, "Outdoors, Yards, and Landscaping", Chapter 19.130, "Off-Street Parking", Chapter
19.135, "Development Improvements" and Chapter 19.120, "Clearing, Grading and Tree and
Vegetation Retention" (refer to Exhibit A).
The principal purpose of these amendments is to rneet the requirernents of the NPDES Western
Washington Phase II Municipal Stormwater Permit. The proposed text arnendments have been
developed based on staff evaluation of existing code language relative to KCSWDM and the
NPDES Permit requirements. Staff evaluated alternate manuals for complying with the NPDES
Permit requirements including adoption of the DOE Stormwater Manual and found the
KCSWDM provided the greatest consistency with regional standards, and the City's development
review process, while providing equivalent environmental protection to the DOE manual.
Staff also reviewed Low Impact Developrnent (LID) code language developed with assistance
from the Puget Sound Partnership. [Note: In 2008, the City of Federal Way received an LID grant
from the Puget Sound Partnership. As part of the work funded by the grant, the City's LID grant
technical assistant, AHBL, has provided input on the removal of regulatory barriers to allow for
the use of LID techniques within the City.]
Some of the key provisions of the proposed code amendments include:
· Adoption of the KCSWDM.
· Removal of conflicts and barriers to the implementation of the KCSWDM.
. Amending code language to ensure the adopted codes and manuals are as protective as the
City's existing codes and manuals.
· Amending code language to better link clearing and grading and stormwater review
requirements.
· Adoption of the KCPPM.
· Adoption of the Low Impact Developrnent Manual.
· Removal of code language barriers to allow for the implementation of LID within the City.
· Adding code language creating a maxirnum number of parking stalls, as well as allowing
exemptions above the maximum if additional parking stalls are mitigated by LID techniques.
· Amending code language to address NPDES Permit requirements.
House Keeping Amendments
In addition to the NPDES amendments, the proposed code amendments also include minor code
revisions to rectify out of date code references to RCW, WAC and City design standards.
IV. DESCRIPTION OF PROPOSED AMENDMENTS TO FEDERAL WAY REVISED CODE (FWRC)
Provided below is a description of amendments proposed Refer to Exhibit A for the full proposed
text amendments.
Chapter 13.15, "Building Construction Standards"
Planning Connnission Staff Report
NPDES Code Amendments
File No. 09-101238-00-UP
Page 3
1) Amendments
a) Section 13.15.020 "Amendments"
2) Staff Analysis of "Buildings" Code Amendments
a) Arnendments are proposed to better link clearing and grading and storm water review
requirernents.
Chapter 14.25, "Environmental Policy Statement"
1) Amendments
a) Section 14.25.070, "State Environmental Policy Act Policies"
2) Staff Analysis of Zoning Code Amendments
a) Proposed amendment adopts the 2008 KCPPM as the City's stormwater pollution
prevention BMP manual, replacing the King County Pollution Control Manual.
Title 16, "Surface Water Management"
1) Numerous Amendments
2) Staff Analysis of Zoning Code Amendments
The proposed code amendments:
a) Define low impact developrnent;
b) Clarify the use ofthe definition of "redevelopment" within City code and the KCSWDM
c) Adopt the KCSWDM as addended by the City of Federal Way as the regulatory manual
for stormwater review, design and maintenance for all deve10prnent and redevelopment
projects within the City;
d) Rernove inconsistencies with and barriers to the implementation of the KCSWDM;
e) Ensure the adopted codes and manuals are as protective as the City's existing codes and
manuals;
f) Adopt the KCPPM as the City's stormwater pollution prevention BMP manual,
replacing the King County Pollution Control Manual;
g) Adopt the LID Manual;
h) Remove code language barriers to allow for the implementation of LID within the City;
i) Address other NPDES Permit requirements, including illicit discharge detection and
elimination and prohibition of illegal discharges to stormwater; and
j) Corrects or rernoves out of date code references.
Chapter 18.60, "Subdivision Improvements"
1) Amendments
a) Section 18.60.050, "Streets and Right-of-Ways"
b) Section 18.60.080, "Storm Drainage"
Planning Commission Staff Report
NPDES Code Amendments
File No. 09-101238-00-UP
Page 4
2) Staff Analysis of Zoning Code Amendments
a) Proposed code amendment allows for the use of LID techniques within subdivisions and
corrects an outdated street design reference.
b) Proposed code arnendments tie the Subdivision code to the Surface Water Management
code and allows for the use of LID.
Chapter 19.05, "Zoning and Development in General"
1) Amendments
a) Section 19.05.120, "L definitions"
2) Staff Analysis of Zoning Code Amendments
a) Proposed code amendment defines low impact development
Chapter 19.125, "Outdoors, Yards and Landscaping"
1) Amendments
a) Section 19.125.070, "Parking Lot Landscaping"
2) Staff Analysis afZoning Code Amendments
a) Proposed code amendments allow for the use of low impact development techniques and
encourage the use of native plants in landscaping.
Chapter 19.130, "Off-Street Parking"
1) Amendments
a) Section 19.130.120, "Number of Spaces"
2) Staff Analysis of Zoning Code Amendments
a) Proposed code amendments establish a maxirnum number of parking stalls, as well as
allow for exemptions above the indicated maxirnum, if additional parking stalls are
mitigated by LID techniques.
Chapter 19.135, "Development Improvements"
1) Amendments
a) Section 19.135.100, "Exceptions"
2) Staff Analysis of Zoning Code Amendments
a) Proposed code amendments allow for the use of LID techniques.
Planning Commission Staff Report
NPDES Code Amendments
File No. 09-101238-00-UP
Page 5
Chapter 19.120, "Clearing, Grading and Tree and Vegetation Retention"
1) Amendments
a) Section 19.xXX.3, "Exceptions"
b) Section 19 .XXX. 6, "Review and approval of clearing, grading, and tree/vegetation
retention plans"
2) Staff Analysis of Zoning Code Amendments
a) Proposed code arnendments establish a link between the clearing and grading
requirements in this section and in Appendix J of the International Building Code.
b) Proposed code amendments identifies that approvals under this new code section are
subject to the requirements of Title 16, "Surface Water Management."
V. PROCEDURAlSUMMARV
April 11, 2009
Issuance.ofEnvironmental Determination ofNonsignificance (DNS).
April 27, 2009
SEP A comment period ended No comments were received
May 6, 2009
Public notice of the May 20, 2009, Planning Commission public hearing
May 11, 2009
SEP A appeal period ended No appeals were filed88
May 20, 2009
Public Hearing of proposed code arnendments.
VI. DECISIONAL CRITERIA
FWRC Section 19.80.130 provides decisional criteria for development regulation amendments.
The following section analyzes the compliance of the proposed text amendments with the criteria
provided by FWRC Section 19.80.130. The City may amend the text of the FWRC only ifit finds
that:
1) The proposed arnendments are consistent with the applicable provisions of the comprehensive
plan;
The proposed FWRC text amendments are consistent with the following goals and policies
contained in the Federal Way Comprehensive Plan (FWCP):
LUG 1 Improve the appearance and function of the built environment.
LUP6 Conduct regular reviews of the developrnent regulations to determine how to
improve upon the permit review process.
LUPl9 Consider special development techniques (e.g., lot size averaging, cottage
housing, and planned unit developments) in single-family areas, provided they result in
residential development consistent with the quality and character of existing
neighborhoods.
Planning Commission Staff Report
NPDES Code Amendments
File No. 09-101238-00-UP
Page 6
LUP20 Preserve site characteristics that enhance residential developrnent (trees, water-
courses, vistas, and similar features) using site planning techniques such as clustering,
planned unit developrnents, and lot size averaging.
HP9 Maximize efficiency in the City's development review process and ensure that
unnecessary time delays and expenses are eliminated Continue to provide streamlined
permitting processes for developrnent that is consistent with the FWCPand FWRC, and
that has no adverse impacts.
HP 19 Increase the amount of undeveloped open spaces in both infill and new
developrnent parcels, by expanding the use of cluster development and allowing housing
techniques such as lot averaging, and zero lot line standards.
NEG 1 To preserve the City's natural systems in order to protect public health, safety,
and welfare, and to maintain the integrity of the natural environment.
NEP2 Preserve and restore ecological functions, and enhance natural beauty, by
encouraging community development patterns and site planning that maintains and
complements naturallandfonm.
NEP 18 The City shall maintain regulations and standards to carry out the Surface Water
Management Comprehensive Plan's policy of restricting stormwater runoff from all ne:w
developrnent and redeveloprnent in order to minimize the potential for flooding and
strearn bank erosion, and preserve and enhance development and redevelopment. City
policies, regulations, and standards will rneet the comprehensive storm water program
requirements of the Puget Sound Plan, and will comply with NPDES permit requirements
as applicable.
2) The proposed arnendment bears a substantial relationship to public health, safety, or welfare.
The proposed FWRC text arnendments bears a substantial relationship to the public health,
safety, and welfare because they establish new stormwater management manuals, design
standards, and best management practices which are as protective, or more protective than the
City's existing regulations. These text amendments also allow for the use of low impact
developrnent techniques, which can diminish stormwater impacts in terms of water quality
and quantity of runoff.
3) The proposed amendment is in the best interest of the residents of the City.
Approval of the proposed code amendments would benefit the City as a whole because they
establish new stormwater managernent manuals, design standards and best management
practices which are as protective, or rnore protective than the City's existing regulations.
These text amendments also allow for the use of low impact development techniques, which
can reduce stormwater impacts in terms of water quality and quantity of runoff. Further the
removal of barriers to the implernentation of LID techniques should make review of these
development applications rnore timely and efficient.
VII. PLANNING COMMISSION REVIEW AND ACTION
Planning COnmllssion Staff Report
NPDES Code Amendments
File No. 09-101238-00-UP
Page 7
Pursuant to FWRC Section 19.80.050(2), the City Council may review City-initiated changes to
developrnent regulations from time to time at the Council's discretion. The Planning Commission
is being asked to review the proposed changes to FWRC Titles 13, 14, 16, 18 and 19 and forward
a recommendation to the City Council.
FWRC Chapter 19.80, "Process VI Review," establishes a process and criteria for amendments to
development regulations. Consistent with Process VI review, the role of the Planning
Commission is to review and evaluate any proposed amendments, to determine whether the
amendments meet the criteria provided by FWRC Section 19.80.130, and to forward a
recommendation to City Council regarding adoption of the proposed arnendments. Consistent
with the provisions of FWRC Section 19.80.240, the Planning Commission may take the
following actions regarding the proposed development regulation arnendments:
1) Recommend to the City Council adoption of the FWRC text amendments as proposed;
2) Modify the proposed FWRC text amendments and recommend to the City Council adoption
of the FWRC text amendments as modified;
3) Recommend to the City Council that the proposed FWRC text arnendments not be adopted;
or
4) Forward the proposed FWRC text amendments to the City Council without a
recommendation.
VIII. STAFF RECOMMENDATION
Based on the above staff analysis and decisional criteria, staff recommends that the amendments
to FWRC Chapter 13.15, "Building Construction Standards", Chapter 14.25, "Environmental
Policy Statements", Title 16, "Surface Water Management", Chapter 18.60, "Subdivision
Improvements", Chapter 19.05, "Zoning and Development in General", Chapter 19.125,
"Outdoors, Yards, and Landscaping", Chapter 19.130, "Off-Street Parking", Chapter 19.135,
"Development Improvements", and Chapter 19.120, "Clearing, Grading and Tree and Vegetation
Retention" as presented in Exhibit A to the staff report be recommended for approval to the City
Council.
IX Next Steps
A public hearing on the proposed arnendments has been scheduled for May 20, 2009. Upon
conclusion of the public hearing, and following deliberation, the Planning Commission will be
asked to forward a recommendation to the City Council as outlined in Section VII (above).
EXHIBITS
Exhibit A:
Proposed Amendments to FWRC:
Chapter 13.15, "Building Construction Standards",
Chapter 14.25, "Environmental Policy Statements",
Title 16, "Surface Water Management",
Chapter 18.60, "Subdivision Improvements",
Chapter 19.05, "Zoning and Development in General",
Chapter 19.125, "Outdoors, Yards, and Landscaping",
Chapter 19.130, "Off-Street Parking",
Planning Corrnnission Staff Report
NPDES Code Amendments
File No. 09-101238-00-UP
Page 8
Chapter 19.135, "Development Improvements" and
Chapter 19.120, "Clearing, Grading and Tree and Vegetation Retention".
The following information is available for viewing on the City's FTP site .t~12Ht1p..si~y.9.tI~g~n~h~!~;!Y&9.I!}:
2009 King County Surface Water Design Manual
2008 King County Stormwater Pollution Prevention Manual
2009 City of Federal Way Addendum to KCSWDM
2005 Low Impact Developrnent Technical Guidance Manual for the Puget Sound
Report prepared by:
Don Robinett, MRP, CPESC,
ESA & NPDES Coordinator
Planning Conmrission Staff Report
NPDES Code Amendments
File No. 09-101238-00-UP
Page 9
Exhibit A
NPDES Code Amendments
FWRC 13.15.020 "Amendments." shall be amended to read as follows:
13.15.020 Amendments.
The following amendments to the Code adopted in FWRC JJ_,.L~:_Ql(! are hereby adopted:
(1) Section R105.2 is amended to read as follows:
Work exempt frorn permit. Permits shall not be required for the following activities
except when the work occurs in a regulated area, including but not limited to steep
slopes, critical areas, buffers and wetlands. Exemption from permit requirements of
this code shall not be deerned to grant authorization for any work to be done in any
rnanner in violation of the provisions of this code or any other laws or ordinances of
this jurisdiction.
(2) Section RI05.2 item 1 is amended to read as follows:
One-story detached accessory structures used as tool and storage sheds, playhouses
and similar uses, provided the floor area does not exceed 200 square feet (18.58 sq.
m).
(3) Sections 105.3.2 and RI05.3.2 are amended to read as follows:
An application for a permit for any proposed work shall be deerned abandoned 180
days after the date of filing, unless such application has been pursued in good faith or a
permit has been issued; except that the building official is authorized to grant one or
more extensions of time for additional periods not exceeding 180 days each. The
extension shall be requested in writing and justifiable cause demonstrated.
(4) Sections 106.1.1 and Rl 06.1.1 are amended and supplemented by the addition of a new
paragraph to read as follows:
The applicant must supply as much information as required to provide an accurate
environmental disclosure.
(5) Sections 106.4 and R106.4 are amended and supplemented by the addition of new sections
to be known as 106.4.1 and RI06.4.1, respectively, to read as follows:
Amended Permit. When the size of the building is increased or the scope for which the
permit was issued is changed, the building official may amend the building permit.
When such fees specified in sections 108 and RI08 have been paid and when changes
to the plans and application are approved, the building official shall issue an "amended
Exhibit A
NPDES Code Amendments
Page 1 of35
permit," which includes the approved changes as well as the original plans and
specifications. The issuance of such amended permit shall void the original permit.
(6) Sections 110.1 and R 110.1 are amended and supplemented by the addition of a second
paragraph to read as follows:
Buildings or other projects authorized by a building permit that do not require a
certificate of occupancy in order to be occupied shall not be occupied until such permit
has written final approval from the building inspector as authorized by the building
official.
(7) Sections 110.3 and RIIO.3 are amended in their entirety to read as follows:
Limited Access Agreement. Limited use may be granted for any building not yet issued
a Certificate of Occupancy pursuant to sections 110.1 or RIIO.1 through a properly
executed Limited Access Agreement.
(8) Sections 112.1 and R112.1 are amended in their entirety to read as follows:
General. Appeals of decisions or determinations made by the building official relative
to the application and interpretation of this Code, except orders, rulings or decisions
pertaining to enforcement of this Code, shall be made to the hearing examiner
pursuant to FWRC l~J).~.,Q_Q.Q.
(9) Sections 112.2 and R112.2 are amended in their entirety to read as follows:
Limits of authority. The hearing examiner shall have no authority relative to the
interpretation of the administrative provisions of this Code nor shall the hearing
examiner be empowered to waive any requirements of this Code.
(10) Sections 112.3 and R112.3 are deleted in their entirety.
(11) Sections 113.2 and RI13.2 are amended in their entirety to read as follows:
Occupancy violations. Whenever any building or structure or equipment therein
regulated by this Code is being used contrary to the provisions of this Code, the
building official may, by issuance of an order to cease activity under the FWRC
1.15.030, order such use discontinued and the structure, or portion thereof, vacated.
(12) Sections 114.1 and R114.1 are amended in their entirety to read as follows:
Orders to cease activity. Whenever any work is being done contrary to the provisions
of this Code, or other pertinent laws or ordinances implemented through the
enforcement of this Code, the building official may order the work to cease by
issuance of an order to cease activity pursuant to the FWRC 1.15.030.
(13) Sections 114.2 and R114.2 are amended to read as follows:
Exhibit A
NPDES Code Amendments
Page 2 of 35
Issuance. The order to cease activity shall be in writing and given to the owner of the
property involved, or to the owner's agent, or to the person doing the work. Upon
issuance of an order to cease activity, the cited activity shall immediately cease. The
order to cease activity shall state the reason for the order, and the conditions under
which the cited activity will be permitted to resume.
(14) Sections 114.3 and R114.3 are amended to read as follows:
Unlmiful continuance. Any person who shall continue any activity after having been
served with an order to cease activity, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be subject to penalties as
prescribed by law.
(15) Section 1008.1.8.3 is amended by the deletion of exception 2.1.
(16) Section R313.2.1 is amended by the addition of exception 3 to read as follows:
Remodels which do not add bedrooms and have a construction valuation of less than
$20,000 may use battery operated smoke alarms in existing areas of the structure
which are not affected by the permitted work.
(17) Sections 1807.4.3 and R405.1 are amended in their entirety to read as follows:
Drainage. Provisions shall be made for the control and drainage of surface water
around buildings. Adequate provisions shall be made to ensure that underfloor spaces
remain free of running or standing water. As a minimum, such drains shall be
installed around the perimeter of the building at the footings. Additional drains may
be required in the underfloor space. The drainpipes shall be of sufficient size to
adequately convey water to an approved location, but shall not be less than four
inches in
diameter. Provisions shall be made to prevent the drainage system from becoming
blocked with soil. The building official may waive the provisions of this section when
soils appear to adequately drain the site and no water will stand or run under the
building.
OJn...Cl~~gr.ing.__gm.tgIg~iing___!l~li:iiti~~___~_h~~JLh~...r.~yi~~~?!:~~tJJ_n!'i~L.l~_~Y.R~~__IiUt_J.9-,...~]1~m1tr
12J_~_Q,...C.lGill_ing~...Q.n1.gj!1g__fIJAg_J:r~~__~TI~LYy.g~t~~im.1...RG~~n11.mLil~__}y.y.IL.~.~__l\p.p.y.TIgi~
Chapter J of the International Building Code. All deadng and grading approvals are
~llh~~L.t_Q_...th_~mP-TQ:yi~.iQn$....QLlh~___.sJ.u:111:~~~m.~W.g____SJm:nl1Y.mJ~r._..M~m~gJ;my.I!LCh!iP~~I...Q.f
Federal \Vav Citv Code.
-----------------------------"J.-----_____J__u______________
(Ord. No. 07-563, 9 I(A), 10-16-07; Ord. No. 04-465, 96, 10-5-04; Ord. No. 99-342, 96,5-4-
99; Ord. No. 95-234, 9 1,6-6-95; Ord. No. 92-143, 993 - 12, 6-16-92; Ord. No. 90-48, 9 1,3-
20-90; Ord. No. 90-33, 99 8 - 25,2-13-90. Code 2001 95-67.)
Exhibit A
NPDES Code Amendments
Page 3 of35
FWRC 14.25.070 "State Environmental Policy Act policies." shall be amended to read as
follows:
14.25.070 State Environmental Policy Act policies.
(1) The policies and goals set forth in this chapter are supplernentary to those in the existing
authorization of the city.
(2) The city designates and adopts by reference the policies in this section as the basis for the
city's exercise of authority under this chapter. The city shall use all practicable means,
consistent with other essential considerations of state policy, to improve and coordinate
plans, functions, programs, and resources to the end that the state and its citizens may:
(a) Fulfill the responsibilities of each generation as trustee of the environment for
succeeding generations;
(b) Assure for all people of Washington safe, healthful, productive, and aesthetically and
culturally pleasing surroundings;
(c) Attain the widest range of beneficial uses of the environment without degradation,
risk to health or safety or other undesirable and unintended consequences;
(d) Preserve irnportant historic, cultural, and natural aspects of our national heritage;
(e) Maintain, wherever possible, an environment which supports diversity and variety of
individual choice;
(f) Achieve a balance between population and resource use which will permit high
standards ofliving and a wide sharing oflife's amenities; and
(g) Enhance the quality of renewable resources and approach the maximum attainable
recycling of depletable resources.
(3) The city recognizes that each person has a fundarnental and inalienable right to a healthful
environrnent and that each person has a responsibility to contribute to the preservation and
enhancement of the environrnent.
(4) The city adopts by reference the following city codes, ordinances, resolutions, plans and
policies as now exist or as may hereinafter be arnended or superseded:
(a) The Federal Way Comprehensive Plan;
(b) The Federal Way Revised Code and documents adopted by reference therein,
including without limitation the following titles:
(i) Zoning (FWRC Title 19) and the official zoning map;
(ii) Subdivisions (FWRC Title 18);
(iii) Surface and Storm water Management (FWRC Title 16);
(iv) Shoreline Regulation and the Shoreline Management Master Program (FWRC
Title 15);
(v) Methods to Mitigate Development Impacts (FWRC Title 19, Division III); and
(vi) Solid Waste (FWRC Title 11);
(c) The Shoreline Management Guide Book (DOE);
(d) The Washington State Flood Reduction Plan (1993 DCD);
(e) Ordinances relating to Surface Water Runoff and Surface Water Management;
(f) The Lakehaven Utility District Comprehensive Sewer System Plan;
(g) The Lakehaven Utility District Comprehensive Water System Plan;
(h) The Federal Way Cornprehensive Parks, Recreation, and Cultural Services Plan;
Exhibit A
NPDES Code Arnendments
Page 4 of35
(i) The Federal Way Fire Department Long Range Plan;
(j) The Federal Way School District Nurnber 210 Capital Facilities Plan;
(k) The Code of the King County Board of Health;
(1) The Executive Proposed Basin Plan Hylebos Creek and Lower Puget Sound, King
County Surface Water Management, July 1991;
(rn) The King County County-Wide Planning Policies, to the extent currently adopted by
the Federal Way city council, and as may be adopted hereafter;.
(n) The 2001 King County Final Comprehensive Solid Waste Management Plan;
(0) The Federal Way Comprehensive Surface Water Management Plan;
(p) Washington State Shoreline Management Act of 1971;
(q) The Puget Sound Water Quality Managernent Plan;
(r) The King County Division of Parks and Recreation Play Area Design and Inspection
Handbook;
(s) The Sea-Tac International Airport Impact Mitigation Study, February 1997, prepared
by Hellmuth, Obata and Kassabaum, Inc., and Raytheon Infrastructure Services,
Inc., under a grant from the state of Washington;
(t) The Washington State Department of Transportation Pavement Guide, February
1995;
(u) The Highway Capacity Manual, Special Report 209, Transportation Research Board,
1997;
(v) The Institute of Transportation Engineers, Trip Generation, 5th Edition, 1991;
(w) The King County Surface Water Design Manual (KCSWDM) and the Federal Way
Addendum to the KCSWDM;
(x) The Stormwater Management Manual for the Puget Sound Basin, Washington State
Department of Ecology, August 2001;
(y) The King County Stormwater Pollution Cont:-olP.t~.Y~I!1i9.n Manual and Best
Management Practices (BMP manual);
(z) The January 2002 URS Federal Way Stream Inventory; and
(aa) Planning documents not specifically listed above but referenced in the
environmental analysis of the city's comprehensive plan.
(Ord. No. 04-468, ~ 3, 11-16-04; Ord. No. 00-365, ~ 3, 3-7-00; Ord. No. 95-246, ~ 2, 11-21-95;
Ord. No. 93-202, ~ 1, 12-21-93; Ord. No. 93-184, ~ 1,8-17-93; Ord. No. 92-140, ~ 3, 6-2-92;
Ord. No. 92-137, ~ 1,5-5-92; Ord. No. 92-136, ~ 3, 4-21-92; Ord. No. 92-130, ~ 3, 3-17-92; Ord.
No. 91-114, ~ 3,12-3-91; Ord. No. 91-109, ~ 2, 9-17-91; Ord. No. 90-40, ~ 1(20.230.10,
20.230.20),2-27-90. Code 2001 ~ 18-122.)
FWRC 16.05.110 "K definitions." shall be amended to read as follows:
16.05.110 K defmitions.
"King County Stormwater Pollution D,:m-!-r{Yi PtJ!..}!.f!}tfQ!l Manual (KCSPGIMJ" also described as
the "BMP manual," means the document prepared by King County and adopted by Federal Way,
that describes best management practices, design, maintenance, procedures, and guidance.
"King County Surface Water Design Manual (KCSWDM) " means the manual (and supporting
documents as appropriate) describing surface and stormwater design and analysis requirements,
Exhibit A
NPDES Code Amendments
Page 5 of35
procedures, and guidance, and which is formally adopted herein by the city of Federal Way. The
King County Surface Water Design Manual will be available from the King County department
of development and environmental services or the department of natural resources.
(Ord. No. 09-593, ~ 22, 1-6-09; Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-1.11.)
FWRC 16.05.120 "L definitions." shall be amended to read as follows:
16.05.120 L definitions.
"Lake" means an area permanently inundated by water in excess oftwo meters (seven feet) deep
and greater than 20 acres in size as measured at the ordinary high water mark.
"Landslide" means episodic downslope rnovement of a mass of soil or rock and includes but is
not limited to rockfalls, slumps, mudflows, and earthflows.
"Leachable materials, wastes, or chemicals" means those substances which, when exposed to
rainfall, measurably alter the physical or chemical characteristics of the rainfall runoff; examples
include erodible soil, uncovered process wastes, rnanure, fertilizers, oily substances, ashes, kiln
dust, garbage dumpster leakage, etc.
_~~L&~}f.jWRq~:t.qf!::~lgJ}~_wr!.t.~:__(LIl21.n}~gn~..~L~lQrrI!W_~~l~~:__m~lI!flg~1.n~mt~!rf!!~gy.1hflL~J):mJ:m~i;?;~;~
conservation and use of existino- features lntf.~grated \vlth distributed smaU..scale stonmvater
~......n...__.n.n_.n_____..._.________.__.......__...n____.__..__.n__..z.>-n_nnn_nnnn__n_................._..........____..._nnnnnnu..........__nn.'1__..._nnn_..nnnnn............._____nnnnn......
controls to more closely mimic natural h."ldroIogic patterns in residential, commercial. and
in~lli~JIif!L~~J!ing~_,
(Ord. No. 09-593, ~ 22, 1-6-09; Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-1.12.)
FWRC 16.05.180 "R definitions." shall be amended to read as follows:
16.05.180 R definitions.
"Receiving waters" means bodies of water or surface water systems receiving water from
upstream manmade or natural systems.
"Redevelopment"
For the purposes FWRC 16.15.10 and determining water quality review requirernents
"redevelopment" means, on an already developed site, the creation or addition of impervious
surface; the expansion of a building footprint or addition or replacement of a structure;
structural development including an increase in gross floor area and/or exterior construction
or remodeling, where the structural development exceeds 50 percent of the assessed or
appraised value of the structure or improvement being redeveloped; the repair or replacement
of impervious surface that is not part of a routine maintenance activity; a change of use
which has a potential to release a new pollutant(s) to the city's surface water systems; or land
disturbing activities associated with the creation, repair, replacement, or addition of
impervious surface.
For the purposes of determining flow control and other stormwater review requirernents. the
definition of "redevelopment" identified in the KCSWDM applies.
Exhibit A
NPDES Code Amendments
Page 6 of35
"Regional retention/detention system" means a stormwater quantity control structure designed to
prevent or correct existing or future excess surface water runoff problems of a basin or sub-basin.
The area downstream has been previously identified as having existing or predicted significant
and regional flooding and/or erosion problems. This term is also used when a detention facility is
used to detain stormwater runoff from a number of different businesses, developments or areas
within a catchment.
"Retention" means the process of collecting and holding surface and stormwater runoff with no
surface outflow.
"Retention/detention facility (RID)" means 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 infiltration into the ground; or to hold surface and stormwater runoff for a short period of
time and then release it to the surface and stormwater conveyance system.
"Run-on or blow-in of rainfall" means stormwater from uphill that could regularly run through
an area, or rainfall that could regularly be blown in and wet the pavement surface.
(Ord. No. 09-593, ~ 22, 1-6-09; Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-1.18.)
FWRC 16.15.010 "Regulated activities." shall be amended to read as follows:
16.15.010 Regulated activities
The following activities are subject to the provisions of this title, unless exempted below:
(1) New development.
f-&t-Si-Bg!e..,fafnilj'--fes4(:ieHH~,J..f)r---sfn~rn--S:jcte--(Jev-e-l(:~p:rf~Hi--w(:~fk:s~
({:l~) Projects that add ~,J,OOO square feet or more of new impervious surface~,..r~p-l~_~~d.
iInpervious surface or De"" plus replaced impervious surface~ or
(QLP.I9j~:~1.$_.11mu~m.l,2~,2~~_LD.Q.Q__~_m.l~n~j~~LQr.J}lQI~:_Qf.l~m(J..di~lm:hing__!l~J.iyi~'y-;__Qr
( c) Projects that propose to construct or modify a drainage pipe/ditch that is 12 inches or
more in size/depth, or receives surface and storm water runoff from a drainage
pipe/ditch that is 12 inches or more in size/depth; or
(d) Projects that contain or are adjacent to a floodplain, stream, lake, wetland, closed
depression, or other environmentally sensitive area as defined by FWRC Titles J~ and
J~.
(2) Redevelopment, as defined in this title (and as also defined in FWRC 19.30.120), which
meets or exceeds one of the following thresholds or criteria:
(a) Creation or addition of impervious surfaces having an area of5,000 square feet or
more;
(b) Construction or replacement of a building footprint or other structure having a surface
area of 5,000 square feet or rnore, or which involves the expansion of a building
footprint or other structure by 5,000 square feet of surface area or more;
(c) Repair or replacement of 5,000 square feet or more of an impervious surface, when
such redevelopment is not part of a routine maintenance activity;
(d) Collection and concentration of surface and storm water runoff from a drainage area of
rnore than 5,000 square feet;
Exhibit A
NPDES Code Amendments
Page 7 of35
(e) Projects which contain or directly discharge to a floodplain, stream, lake, wetland, or
closed depression, groundwater recharge area, or other water quality sensitive area
determined by the public works director, based on a written map, policy, water quality
monitoring data or plan in existence or implemented by the director prior to
subrnission of a redevelopment application which is determined to trigger application
of this subsection, or based on information developed during review of a particular
redevelopment application;
(f) Projects that involve a change in use, and the changed use has a potential to release a
new pollutant(s) to surface water systems within the city. For the purposes of this
subsection, "new pollutant(s) JJ means a pollutant that was not discharged at that
location immediately prior to the change in use, as well as a pollutant that was
discharged in less quantities immediately prior to the change in use;
(g) Redeveloprnent other than normal maintenance or other than tenant improvements, but
including any increase in gross floor area, in anyone consecutive 12-month period
which exceeds 50 percent of the assessed or appraised value (whichever is greater) of
the structure or improvement being redeveloped; or
(h) Redevelopment of property which drains or discharges to a receiving water that has a
documented water quality problem, as determined by the public works director based
on a map, plan, water quality rnonitoring data or a written policy in existence or
implemented by the director prior to submission of a redevelopment application
determined to trigger application of this subsection, where the director determines that
the redevelopment requires additional specific controls to address the documented
water quality problem
CDJ:.~mj~-~:t.p-ml?.Q.~iD-g._$1~2Q,.Q.QQ__QJ:.mQr~..QLimp.my.~m~.m:~__tQ..fu'l..~!;i~1igg..hj.gh.Jl~~._~j1~,.
IN.Qt~:.Jh~..~lQU~I._mnQlmUmli9-~J~:~t(~;lnJ,2~_Jl;~ijJ.Hil~~tb.@_~_4_mL1h~_f.Qn~_mll~r__p.r_k~:jn!..k{L~~
i..<.l~:ntifi~.~.(.UnJ.h~__K.C.s.J.YP_Mjn...~.~~IimLLJJJ
R.~g~-Y~JQm!J~gLp.mi~.~l~J.h~U~!'!:~..~_uJ2i~f.UQ__~~:.fJN.LQlJ.fJljjY.._imt?n-2Y~m~.nt$___m~Y-J?b:~~~_.~Qn$.tnl~liQli
of the improvements a'i described in F\VRC 19.30.120. Non-conforming water quality.
(Ord. No. 99-352, S 3, 11-16-99. Code 2001 S 21-6.)
FWRC 16.20.010 "Manuals and addendum adopted." shall be amended to read as follows:
16.20.010 Manuals and addendum adopted.
The .2_Q.~~2 King County Surface Water Design Manual, the Federal Way Addendum to the King
County Surface Water Design Manual, afld the King County Storm water Pollution Control
Prevention Manual, and the latest edition of theUD Technical Guid.-"1nce whmual for Puget
S9.u.nd as they exist on the effective date of the ordinance codified in this chapter or as hereafter
amended, are hereby adopted by this reference. They are referred to in this title respectively as
the KCSWDM, Federal Way Addendum, LH1..M.mmfJ1 and the KCSPC.P-M.
(Ord. No. 99-352, S 3, 11-16-99. Code 2001 S 21-9.)
Exhibit A
NPDES Code Amendments
Page 8 of35
FWRC 16.20.020 "Stormwater best management practices (BMPs)". shall be amended to read as
follows:
16.20.020 Stormwater best management practices (BMPs).
(1) General. BMPs, as specified in the KCS~WP_M_, KCSPC!~M_L~D~J_b&_1H)..;M~1Jl1J~J, shall be
used to control pollution from stormwater, and to comply with the standards in this title.
(2) Experimental BMPs. In those instances where appropriate BMPs are not specified in the
K~~_S}Y.P_M., KCSPGI~.ML~D~..t.h~..1n)_.Mgn1J_~J, experimental BMPs should be considered.
Experimental BMPs are encouraged as a means of solving problems in a manner not
addressed by the KJ..~.s.\YD.M,. KCSPGp'M,._~.n~..tlWnLID..~1.~D.lJ_~1 in an effort to improve
stormwater quality technology. Experimental BMPs must be approved by the director of
public works prior to construction.
(Ord. No. 99-352, 93, 11-16-99. Code 2001 921-10.)
FWRC 16.25.010 "Core and special requirements." shall be amended to read as follows:
16.25.010 Core and special requirements.
Depending on the type of drainage review required, as described in FWRC V~.,2_~_J!2.Q, one or
more core or special requirements shall be met. The core and special requirements, described
below, are also described in detail in the KCSWDM and Federal Way Addendum adopted by
reference in FWRC J6.20.CJ10.
(1) Core requirements.
(a) Core Requirement #1 - Discharge at the Natural Location. All surface and stormwater
runoff from a project rnust be discharged at the natural location so as not to be diverted
onto or away from downstream properties. The manner in which runoff is discharged
frorn the project site rnust not create a significant adverse irnpact to downhill
properties or drainage systems.
(b) Core Requirement #2 - Ojf-Site Analysis. All proposed projects must submit an off-
site analysis report that assesses potential off-site drainage impacts associated with
development of the project site and proposes appropriate mitigations of those impacts.
The initial permit submittal shall In~~uh~.I~_q1J.i.t.~m:!~m$...~.;mmn~Q.jn inc;.ude, u:
min-inlti:m.:-.a.-b-cvei+.d€+wflstream-aflat'1'Sfs"B:s..Jes0Fibe-d.-:ifl the KCS WD M and the
, ~ ........
Federal Way Addendum.
(c) Core Requirement #3 - Flow Control. All proposed projects, including redevelopment
projects, must provide on-site flow control facilities to mitigate the impacts of
increased storm and surface water runoff generated by the addition of new impervious
surface::._n~W_Imr.YiQJJ~__gJJ.til_~g_Mg_nmJf1:~_~_nl~nLimp-_~r.YiQJJ~_5JJXt1i~_~~ and..a-ny-;reia-t-ed
b'Bt"i-€.0vef--CHflVt3l'Sft:>fl. These facilities shall, at a minimum, meet the performance
criteria for one of the area-specific flow control standards and be implemented
according to the applicable flow control implementation requirements described in the
KCS WD M m-ld..Fe(;!er-ai,,\V-,1:y-AddefH:1H'fH. .E1QSY..~~wlt_:mUIM_P~_~Jn!t~Lh~_J!IQy'jsl~~4_gI~
gir~~t.~gjn.Jh~..KCS_WP~t
Exhibit A
NPDES Code Amendments
Page 9 of35
(d) Core Requirement #4 - Conveyance System. All engineered conveyance system
elernefits for proposed projects rnust be analyzed, designed, and constructed to provide
a rninimum level of protection against overtopping, flooding, erosion, and structural
failure as specified in the KCSWDM--a.Hd.;Fe{;kH:it.jrV-ay.-l\:dde.B~~rt.n1.
(e) Core Requirement #5 - Erosion and Sediment Control. All proposed projects that will
clear, grade, or otherwise disturb the site must provide erosion and sediment controls
to prevent, to the maximum extent possible, the transport of sediment from the project
site to downstream drainage facilities, water resources, and adjacent properties. To
prevent sediment transport, erosion and sediment control (ESC) measures :!:h~~tJ!B~
g12PTf!1~riQl~.JQ..th~..p.r9j~.(.;L?i~.~.JlI!J.?Ll).~__g12P.li.~~1.!1n~tJ2~rfQ.m}~.g..!1?__~t~?~rib~d...in..t1l~
K<-'srL'I).M . -:! <. ,.,' "j -:!' (." , 1 '"' e;: ~ ~,
. ,/_ .V . . afe'-1'etlHlt'{ikt.--an:f,:'5aith,'pe-1'ff:ifm.a<i--<1eS-E:i'lt)0\;t--Hl' ::Hapter... ':'z,'::.;J'::b.et.tae
Fe<:j€fal:.\V-ay-,A4:kjeH{;kt.rn.t:t:,.,HH:~-.KC8.W:DAit Both temporary and permanent erosion
and sediment controls shall be implemented as described in Chapt€'f..;i--:2-:S:j'-f.:>f the
KCS WDM:.Feoof-ai.:Way..Add.mH1um-to..the-.Kf;S:VVI}M.
(f) Core Requirement #6 - Maintenance and Operations. Maintenance and operation of all
drainage facilities is the responsibility of the applicant or property owner, except those
facilities for which Federal Way is granted an easement, tract, or right-of-way and
officially assumes rnaintenance and operation as described in the KCSWDM mK~
Fe.de-ral-W:ay-Afkiendum. Drainage facilities rnust be maintained and operated in
compliance with Federal Way maintenance standards.
(g) Core Requirement #7 - Financial Guarantees and Liability. All drainage facilities
constructed or modified for projects (except downspout infiltration and dispersion
systems), and any work performed in the right-of-way, rnust comply with the financial
guarantee requirements in FWRC Title 12.
(h) Core Requirement #8 - Water Quality. All proposed projects, including redevelopment
projects, must provide water quality (WQ) facilities to treat the runoff frorn new
and/or replaced pollution-generating impervious surfaces and pollution-generating
pervious surfaces. lS&~k:y-~k~rml~g1.J2K9i~~1~__Im~Y_QbQ__h~_r~!mir~!'ltQ_PIQ_yld~__W_Q
fg.9.iJ.ili~_~_1~~_lr~f!t~xi.?Jjllg.P.91h-.nj9Xk.-.g~.~WIgli!J..g.jnIp-_~IT.iQJJ.?.?JJ.r.fg~_~.?_, ;l:ilese 1YQ
facilities shall be selected ffe:m"f:Jfle'ef-the-afea-sF)0dfi€..WQ..rr:.-enu-s'fie-s0rjl,..~d.in
(;'l:J. t' 1"'"1 ~' 1 ,"f'flf 'a' . I m. ,. A ']a' 'a' ~.. #l frr'';':<"Uig~1 d' I t d
_' .a:p eI ... ..,'" ,. ,-' _ ...e .. f t';.ra. ?T<l; J. '.v. tor,. ti1.l ,0 ,.e _..._ _,,-, H _ ..'- an Imp emen e
according to the a-pplcieabk--WQ..fmpiement'at1i.:m--:r-0tjl-:i-re.nleflts..ffi.Clta.}}tef..-1-:.2A~..-2'Hf.the
Fed€H:il:.Way-,A(:M-eH{;~*trtt-h:,--Hw..KCSWDM.
(2) Special requirements.
(a) Special Requirement #1- Other Adopted Area Specific Requirements. King County
has developed several types of area-specific plans and regulations that contain
requirements for drainage design. These regulations include critical drainage areas,
master drainage plans, basin plans, lake management plans, and shared facility
drainage plans. In some cases, these plans and regulations could overlap with the city
of Federal Way's jurisdictional area.
The Hylebos Creek and Lower Puget Sound Basin Plan is the only one of these area-
specific regulations that currently affects Federal Way. King County developed this
basin plan which recommends specific land uses, regional capital projects, and special
drainage requirements for future development within the Hylebos and lower Puget
Sound basin.
Exhibit A
NPDES Code Amendments
Page 10 of35
The drainage requirements of adopted area-specific regulations such as basin plans
shall be applied in addition to the drainage requirements of the KCSWDM and Federal
Way Addendum unless otherwise specified in the adopted regulation. Where conflicts
occur between the two, the drainage requirements of the adopted area-specific
regulation shall supersede those in the KCSWDM and Federal Way Addendum.
(b) Special Requirement #2 - Floodplain/Floodway Delineation. Floodplains and
floodways are subject to inundation during extreme events. The 100-year floodplains
are delineated in order to minimize flooding impacts to new development and to
prevent aggravation of existing flooding problems by new developrnent. Regulations
and restrictions concerning development within a 100-year floodplain are found in
Federal Way's environmentally sensitive areas and flood hazard regulations.
If an approved flood hazard study exists, then it may be used as the basis for
delineating the floodplain and floodway boundaries provided the study was prepared
in a manner consistent with the KCSWDM and other Federal Way flood hazard
regulations. If an approved flood hazard study does not exist, then one shall be
prepared based on the requirements described in Chapter 4.4.2 of the KCSWDM,
"Floodplain/Floodway Analysis."
(c) Special Requirement #3 - Flood Protection Facilities. Developing sites protected by
levees, revetments, or berms requires a high level of confidence in their structural
integrity and performance. Proper analysis, design, and construction is necessary to
protect against the potentially catastrophic consequences if such facilities should fail.
The applicant is required to demonstrate conformance with FEMA regulations using
the methods specified in Chapter 4.4.2 of the KCSWDM and 6e Federal 'Nuy
Add0fldum. In addition, certain easement requirements (outlined in Chapter 4.1 of the
KCSWDM aH(:1..fle(:ler-ai..\V-ay-AA(:1eH<:ll:Hl~) must be met in order to allow city access for
maintenance of the facility.
(d) Special Requirement #4 - Source Control. Water quality source controls, many of
which are listed in the KCSPCEM .{In(t1h~J.~_U.?.__M~m!;,~!, prevent rainfall and runoff
water from coming into contact with pollutants, thereby reducing the likelihood that
pollutants will enter public waterways and violate water quality standards. When
applicable, structural source control measures, such as car wash pads or dumpster area
roofing, shall be shown on the site improvement plans submitted for engineering
review and approval. Other nonstructural source control measures, such as covering
storage piles with plastic or isolating areas where pollutants are used or stored, are to
be implemented after occupancy and need not be addressed during the plan review
process. All commercial and industrial projects (irrespective of size) undergoing
drainage review are required to implement applicable source controls.
(e) Special Requirement #5 - Oil Control. Projects proposing to develop or redevelop a
high-use site must provide oil controls in addition to any other water quality controls
required by this manual. Such sites typically generate high concentrations of oil due to
high traffic turnover or the frequent transfer of oil.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-12.)
FWRC 16.25.020 "Drainage review." shall be amended to read as follows:
Exhibit A
NPDES Code Amendments
Page 11 of35
16.25.020 Drainage review.
(1) When required. Drainage review is required for any proposed project, including new
development and redevelopment (except for those proposing only routine maintenance,
repair, or emergency modifications) which is or includes a regulated activity under FWRC
JJ.i:.l~_..Q.lQ, and for which city approval, including but not limited to any approval listed in
FWR C .H~:J.~Jl~Q, is required.
(2) Type of drainage review required. One of the following #tree XqJJI types of drainage review
will be required, depending on the project; provided, however, that a project which
qualifies for small site drainage review may also require targeted drainage review if the
requirements for targeted drainage review are met:
(a) Small site drainage review. Small site drainage review is required for single-family
residential or subdivision projects that wi1l.r.~~.1JJLitL~_,QQQ..~_m.HJr.~:J~.~Lm:_mqI~..QfJl~W
imm~I~trm~umr.f<1~5t.,..r~p-l~~~~t~mrfl1~~._QLJJ~~Y..p.l1-!~..r~p-l~~~~tjmp-~I.Y.imt?__~J!rfu~.~..Qr..Z:,D.Q.Q
~~mQK~_J~~t.m:.!I!QI~..QLl;m.!,t~U.~_m[Qin~Ut~tiyily',-jiNDJh~tlJn~~~_~._~~n~~.QIth~.. t{) 11m~jI!g
criterh udd') (I')'; v' 10 ,"'-;0 "quri.of..' tef't ')f.w'" jmp""""i-::)"]" "tirf-H'e and clear ks"'h'm
u:~...-.....~_~~.:._. ...., -'- \" '_... ,'''\'' '_' .'. .."'1... ..'~-' ...1.. V..!'.">f_'1 ......,~ ..~.." .. _' .,.;:< ~..L. ,.
t\Vt)-.aer-es-.,:;rr--ies-s--thaH--:-;'S--pe1"'Jetrt..ofil1e-,sfw-;--whi€11-e.ver--is--gr-eaier-:
o..J..T.h.~J2L9j~:~1...~!!:itL!:~.$.~JJLinJ1Q.InQr.~.Ihf!HJ.Q_,QQQ..~_(m~~r.~J~.~LQf1Qt~1ljnm~Iyjg~!!~
~g:!J<1~5t..~~d~~lJ?n..~?L~ft~LJ.!!nJ!ill:y_.~.,-.~QQ1,J}.\LU}Q[~.Jh<1n._~,-QQQ)ig.lJ.<1I~J~~LQf ~.Y.~
impervious surface, and no more than 35.000 square feet of new pervioll.'i surface.
QR
UD...Th~..P.LQj~J.?1..}y.m.ry.~.lJJLiIl.I!Q._mm:~.thk1I!J.Q,.Q.QQ__~..i-.mgf~:Ji~~LQ:Ctm~Li.umktJ~iQ!!~
surface added on or after Januarv 8 20CH, and its new nervious surtace area win
___h__n__h___n.______.u....__..__....__..hnnn.....hh..........nh._.......un_'l___________.___..__hhh._________________._h~._-n_______._._h.h._________O________............".._____...
be no more than 35.000 square feet minus 3.25 times the area of new impervious
~.\JIt;K~__b~j:n!;UlIImQ~.~JJ..bY-.1.tl~.12r9j~:~L(fQr.5jt~~Jm:g~L1.tmI!..~~,.QQQ..~~l]JQr~J~~t,..g
f<1~H?L\;l.f.2:_;?,~._m<1Y-__Q~_JJ.~~_Qjn~1~~g__QfJ,2_~~L
Compliance shall be dernonstrated through the irnplementation of an approved small
site drainage plan and a small site erosion and sediment control plan. Detailed design
specifications and submittal requirements are presented in Appendix C of the
KCSWDM, titled: "Small Site Drainage Requirements."
(b) Full drainage review. Full drainage review is required for any proposed project,
including,k1 redevelopment Pf(:)~~:f:s.dhai--add.B--aiA~a...,f...&;{}{}O-5(tHafe-4~eH:H~.,:tew
impe:Fvi€+lt3.-3tlf-faee:pg!,k~1__<1.~._g~1~.mliJJ~\:Un..EWR\~._L(!.J.~.,Q.lD.,._ANQ._m~~1~..QJJ~._Q1:
more of the following criteria:
(Dm.IJJf;..P.I9j~~:~:t5y.m..r~~ltlLin..~"_QQQn$.~mf![5t.J~!,!L~~.LIDDI5t.nQJ.I!.~wjmp_~~I:.dQJJ.~--~YT.f~-(;~,
r~p-l~_~~Qjmp-~Iyi~ms...s..m:t~_~gnQInn~}y.n12JJJ-~.I~J!.!~~~-~Limp-5t.Ly.iQll~..~.v.r[~.Q!,!,__Qgtj.$..m~J
subiect to SrnaHProiect Drainaqe Review as determined in FWRC 16.25.020.
_......_;).................._.............--..._...;)...................._......~.....,..._..,.,..............................................-...............---..-............----........-
(ii) The proiect will result in 7,000 square feet or more ofland disturbing activity but
i~..n~~L$.\J_bj.~.~UQ..Smfll!J~Ii~j.~~tJ!.I;1imtg~.I~yi~w-!}.~rJ~\YKC.19.:.~~:.Q~Q:.
Wi" The proiect is a redevelopment proiect on a parcel or combination of parcels in
whi~:.h.1h~..t~!1ilJQfD5t.W-'.nht$-.r.~'P-.l~~~~.d.iDlt~~IY.i.Q-1J.~-.~MIf.<1_(;~j~.5'QQQn~q1J.~r.~J~_~1..Qr
mQ(~._illl~l.}y.hQ~g..y!!jJJ.~t.i~?JJJ?fJ!.mp.Q~_~_gjml?I~?Y5t.m~n1~.Jin~hJ.Q5.ngjnl~riQr
Exhibit A
NPDES Code Amendments
Page 12 of35
i!n1l1:m:~.nl~11t$..fm~t.~.~.~JwJjnRJ:~~lHi!:~stlEj~~gg!iQD..mld..lr.Qllt~Hl~..iIImDIy.~.!E~m~J
~&~.~~4~..~D.%__.Q.fJh~__~.$.~$.~.~g..Y.flJ1J.~..QLkh~__~Ki$.~i.lJ..r,;.p~r.~~Limp-r9Y~ms.!1J.$.,
If full drainage review is required, then the applicant must demonstrate that the proposed
project complies with the following requirements:
(i) All core requirements specified in FWRC 16.25.010.
(ii) All special requirements specified in FWRC .H?,;f.)....QJQ.
(~J LJJ.!.1:'?l!.!J2jJ;J:.ui!.~a.i!l.agg..r?.}~i.~!~,....Lf1n;.~J)1:Qj.~.~LdE!iImg~.I~Y..i~w..i~J~!).!~h~!..tJQ
d~y.~lQ.m:n~lltp-IQ!-!.Q.$.;iJ!?__lJ:mLm:.~.1<3r.g.~__Qn.g!.mjny'QlY.~.r~.$.QnI~~~.9rJ.).lIlQl~m~..Qf;t~.!J.~.~i!:JJ
sensitivity or complexity. Large proiect drainage review is required for anv proposed
mQi~~U.tmLi~..~.1J1.?j.~~uQ..~tmim~g~I~y.i~:W..~!:~..fl~1~!JIliI!~~Li!l..E1YB..C1~~,12JU.Q..,~1J~:U)Jh;l~
g!~~t.$...illly'..Qn~..QLtl1.~..t.~:?lj.Q.\.Y:~ng..~Iit~ri.g;.
(i) The proiect would, at fuB build-out, result in 50 acres or more of new impervious
.@r.ll\~:~__w.ifbi!L~..~j.ngJ.~..$11.P.P.fl~jI!..Qr.nmJHp-k..~.1J1212f}.$.i!l~..th~!..m~~..hy.4nmli~:.~lJy
~.QJm.~~1~~t~~IQ~.$...$.nl?Qfl~iD...l?QJJn4m:.i~~-,-..QR
WLIh~J~!:9i~~L~it~j$...~.Q...~!~!:~.~..Q!:JnQl:~..ti!l~.ht(liI!g..gH.!F~h.I~fl.~IY.~..~I~:~~l.Y.!:ittliI!..~
critical acluifer recharue area.
______n.............n . .._______________...__.........::";).________.__..__
If Large Project Drainage Review is required, compliance shall be achieved through
the implementation of the scope of requirements as specified in Section 1.1.2.4. Large
Protect Drainage Review, of the KCSWDM.
(eQ.) Targeted drainage review. Targeted drainage review is required for any proposed
projects, including redevelopment projects, that are~J!:.bj~~:L!QJlmiImg.v..I~~y.iS!:!YJmLf!B~
not subject to full drainage review, and which fall into one or more ofthe following
proiect categories t'>fpF()jcets:
TDR Category #1: Projects that contain or are adjacent to floodplains or
environmentally sensitive areas; .QR.P.r9j~.~~t;5Jhm..QgmQ~~],.Q~!D..;$Jm~r~..f<f.~.t(1.!i~T~..if
in Small Project Dralnage Review) or more of land disturbing activity.
TDR Category #2: Projects proposing to construct or modify a drainage pipe/ditch
that-is 12 inches or larger irr..$.i~~!.g~12t.h or receives runoff from a4;:~iD.fi1?&Q.ip-yi.Qit~h
Hl~tLi'i 12- inch~~. orm~~!:~j~L~i?:.~!.i-:t~p.lhJargei'.df{:lir,i(*ge.p,ipe/.di-td,l
TDR Category #3: Redevelopment projects as defined in FWRC J~?:.2Q:..l~Q
If targeted drainage review is required, then the applicant must demonstrate that the
proposed project complies with the selected core and special requirements
corresponding to the appropriate category or categories of project that best match the
proposed project. The specific requirements for each TDR category are as follows:
(i) TDR Project Category #1.
(A) The following requirements apply to TDR Category #1 projects, but may have
exemptions or thresholds that preclude or limit their application to a specific
project:
(I) Core Requirement #5 - Erosion and Sediment Control.
(II) Special Requirement #1 - Other Adopted Area-Specific Requirements.
(III) Special Requirement #2 - FloodplainlFloodway Analysis.
(IV) Special Requirement #3 - Flood Protection Facilities.
Exhibit A
NPDES Code Amendments
Page 13 of35
(V) Special Requirernent #4 - Source Control.
(B) The following requirements may be applied to projects in TDR Category #1 at
the discretion of public works based on site-specific conditions:
(I) Core Requirement #1 - Discharge at the Natural Location.
(II) Core Requirement #2 - Off-Site Analysis.
(III) Core Requirement #3 - Flow Control.
(IV) Core Requirement #4 - Conveyance System.
(V) Core Requirement #6 - Maintenance and Operations.
(VI) Core Requirement #7 - Financial Guarantees and Liability.
(VII) Core Requirement #8 - Water Quality.
(ii) TDR Project Category #2.
(A) The following requirements apply to projects in TDR Category #2:
(I) Core Requirement #1 - Discharge at the Natural Location.
(II) Core Requirement #2 - Off-Site Analysis.
(III) Core Requirement #4 - Conveyance System.
(IV) Core Requirement #5 - Erosion and Sediment Control.
(V) Core Requirement #6 - Maintenance and Operations.
(B) The following requirements apply to projects in TDR Category #2, but have
exemptions or thresholds that may preclude or limit their application to a
specific project:
(I) Core Requirement #7 - Financial Guarantees and Liability.
(II) Special Requirernent #4 - Source Control.
(iii) TDR Project Category #3.
(A) The following requirements apply to the projects in TDR Category #3:
(I) Core Requirernent #1 - Discharge at the Natural Location.
(II) Core Requirement #5 - Erosion and Sediment Control.
(III) Core Requirement #6 - Maintenance and Operations.
(B) The following requirernents apply to projects in TDR Category #3, but have
exemptions or thresholds that may preclude or limit their application to a
specific project:
(I) Core Requirement #7 - Financial Guarantees and Liability.
(II) Core Requirement #8 - Water Quality.
(III) Special Requirement #4 - Source Control.
(IV) Special Requirement #5 - Oil Control.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-13.)
FWRC 16.30.020 "Types of adjustments." shall be amended to read as follows:
16.30.020 Types of adjustments.
There are f:t,)i:lf.fiy~ types of adjustrnents, as follows:
(1) Standard adjustrnents;
(2) Complex adjustments;
(3) Preapplication adiustments~
(J4) Experimental design adjustrnents;
Exhibit A
NPDES Code Amendrnents
Page 14 of35
(4_~) Blanket adjustments.
The appropriate use for each adjustment type is described in the KCSWDM u:"KI Federa~ \Vay
AddeHd.u.m.
(Ord. No. 99-352,93, 11-16-99. Code 2001 921-18.)
FWRC 16.30.030 "Authority." shall be amended to read as follows:
16.30.030 Authority.
The director shall have authority to approve or deny all '!-(:nH'.tl}\~ types of adjustments for any
regulated activity requiring drainage review under this title.
(Ord. No. 99-352, 93, 11-16-99. Code 2001 921-19.)
FWRC 16.30.040 "Criteria for granting adjustments." shall be amended to read as follows:
16.30.040 Criteria for granting adjustments.
Adjustments to the requirements in the KCSWDM and Federal Way Addendum may be granted;
provided, that the adjustment will:
(1) Produce a result comparable to that which would be achieved by satisfaction of the
KCSWDM and Federal Way Addendum requirements, and which is in the public interest;
and
(2) Meet the objectives of safety, function, appearance, environrnental protection, and
maintainability based on sound engineering judgment.
Wfwnlf an applicant demonstrates to the director's satisfaction that meeting either the
KCSWDM and Federal Way Addendum requirements, or the requirement to produce a
cornparable result; will deny ~h~{*"H applicant an reasonable use of his or her property, ille
~p.p.r.Q.y.~LQf1h.~__~Ult$JDJ~nLWilLr~qnif.~_!m__~.dj.ll_$.n:n~nU?Iit~f.i~J~X~_~P-tiQILJQ.h~__~IJ,P.B~Y.~dJ!YJh~
City of Federal Way as described in Section 1.4.2. Criteria for Granting Adiustments. of the
K.{:;.s.\Yn.M.appti{;~f.lHf:.~hail.i,r:rfp:jer-He:rt.t..f:l1e.t.~5-t."f.W{:H;;l~i0ft.r1ie--a:lf.efflat:i-ve--t:hnt..at~}~,ieYfe~!..tlte-.S17if4H:'lH~t
in-teHf--of-the'1'e{jlti!:'t'meB1';--as--determine.d--hy--t:he-dire0w.r-:..Puhl-.i0-'\vi3rks-st-aff.shaU-pr-ev-ide
ft3'JOtIlff1endatkms--t6-the.dlreotor--(Hl-the.hes-t--prf.lot-10abl-e--ait.er-Hf.lti-v-e--t{')--he--r-etlHir-ed..
Any adjustment that would conflict with the requirements of any other title of the Federal Way
Revised Code must first be reviewed and approved by the department responsible for
administration of that title.
(Ord. No. 99-352, 93, 11-16-99. Code 2001 921-20.)
FWRC 16.30.050 "Experirnental design." shall be amended to read as follows:
16.30.050 Experimental design adjustments.
Adjustments utilizing an experimental water quality facility or flow control facility may be
approved by the director on a limited basis if the following criteria are met:
Exhibit A
NPDES Code Amendments
Page 15 of35
(1) The :l:WW~!fr~_~rlm~.ntHI design is likely to meet the identified target pollutant removal goal
or flow control performance based on performance data and theoretical considerations;
and
(2) Construction ofthe facility can, in practice, be successfully carried out; and
(3) Maintenance considerations are included in the design, and costs are not excessive or are
borne and reliably performed by the applicant or property owner; and
(4) The applicant or property owner contributes a share of the cost of rnonitoring to detennine
. facility performance.
The director may condition approval of an experimental design adjustment upon the applicant's
agreement to reserve sufficient land area and post a bond or other financial guarantee satisfactory
to the director, for construction of a conventional facility should the experimental facility fail.
The director may approve release of the set aside area and financial guarantee upon proof of
operation of the experimental facility to the satisfaction of the director.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-21.)
FWRC 16.30.060 "Adjustment application and review process." shall be amended to read as
follows:
16.30.060 Adjustment application and review process.
(1) Timing. Requests for standard and complex adjustments will be accepted only for permits
pending approval or approved permits that have not yet expired. Applications for
preapplication adjustments and experimental design adjustments may be submitted prior
to permit application if the applicant provides justification at a preapplication rneeting
with public works that an adjustment decision is needed to detennine the viability of the
proposed project. There is no application process for blanket adjustments because they are
initiated and issued solely by the city.
(2) Submission of application. The completed adjustment request application fonns must be
submitted to the director, along with sufficient engineering information (described in
Chapter 2 of the KCSWDM and Federal Way Addendum) to evaluate the request. The
application shall identify the specific requirement for which the adjustment is sought.
(3) Review of application. The director or his or her designee will review and either approve
or deny the adjustment request in writing following the director's determination that all
necessary information has been received from the applicant. Approvals of standard and
complex adjustrnents will expire upon expiration of the permit to which they apply.
Approvals of preapplication adjustments will expire one year after the approval date,
unless a complete permit application is submitted and accepted'nlf.g..9.rjj~ri~._~~9.~12t.i.QJ.L~~
required for the adiustment. the direc.tor ma", require additional engineering or information
1Q__!Jn~JJ.DJ~ntJh~t~1~ni_~19Jr_~f!~9_ngl!J~__y_~~_wQltlQ..Q~:~~:W:,_JhgL~Y.~r.Y...~nQ~1_}'y:~~..m.g.d.~J9
fl:9.hi~y._~n~_Qml)Ji~TI~.~-,..~1~HlmUlw.h~~J.p-m~ti~~_Qkn~J1~mfl:1iy.~nw.ilL:n~!l.9.mf.~~.~jgnifi9.!~uAt
{~_dY:~r.~~jrnmw1~_,
(4) Blanket adjustments. Blanket adjustments may be issued by the director based on:
(a) A previously approved standard, complex, preapplication, or experimental design
adjustment and supporting docurnentation; and
Exhibit A
NPDES Code Amendments
Page 16 of35
(b) Information describing the needfor the blanket adjustment. Typically, blanket
adjustments should apply globally to design or procedural requirements and be
independent of site conditions.
(Ord. No. 99-352, S 3, 11-16-99. Code 2001 S 21-22.)
FWRC 16.30.070 "Appeal procedure." shall be amended to read as follows:
16.30.070 Appeal procedure.
(1) Appeal procedure. The applicant may appeal the denial or approval conditions of an
adjustment request QL~Iil~ri.~..~.X~:.~p.li~~n..d.~.~i~.iQn by submitting a forrnalletter to the
director within 15 working days of the decision. This letter must include justification for
review of the decision, along with a copy of the adjustment request with the conditions (if
applicable) and a listing of all previously submitted material. The department director
shall respond to the applicant in writing within 15 working days; this decision shall be
final and not subject to subsequent appeal, either independently or as part of an appeal of
overall project land use or building permit approval. A per-hour review fee will be
charged to the applicant for the director's review of an appeal.
(2) Director's decision on appeal. The public works director or designee may grant an
exception from the adjustment denial or approval conditions or criteria exception decision;
provided, that the director finds that the request satisfies the following criteria:
(a) The exception provides equivalent environmental protection and is in the overriding
public interest; and that the objectives of safety, function, environmental protection
and facility rnaintenance, based upon sound engineering, are fully met;
(b) That there are special physical circumstances or conditions affecting the property such
that the intent of the core and special requirements has been met;
(c) That granting of the exception will not be detrimental to the public health and welfare,
nor injurious to other properties in the vicinity and/or downstream, and to the quality
of waters ofthe state; and
(d) The exception is the least possible exception that could be granted to comply with the
intent of the core and special requirements.
Exceptions granted shall expire upon expiration of the permit to which they apply.
(Ord. No. 99-352, S 3, 11-16-99. Code 2001 S 21-23.)
FWRC 16.35.020 "Maintenance responsibility." shall be amended to read as follows:
16.35.020 Maintenance responsibility.
(1) Generally. All storm water facilities shall be maintained in accordance with this title and
Ap-m~JJ~liK..A..mKtCh{J!Jl~LQ..Qflh~..KCS.~YJ).Mt:t.te.Ji.e.;lei'~~,l..'1.,~~+J."f.Si<:~:Hty;v'a!;ef..Systeffl
-Oper-atie'lH-1fld..MatE:w,B-aB€e.Mar-.mal. Drainage facilities shall be maintained so that they
operate as intended. Systematic, routine preventive maintenance is preferred.
Exhibit A
NPDES Code Amendments
Page 17 of35
(2) Public stormwater facilities. The responsibility of the city of Federal Way shall be limited
to maintenance and operation ofthe city of Federal Way stormwater system, and the city
of Federal Way assumes no responsibility for maintenance and operation of private
systems.
(3) Private stormwater facilities. Property owners are responsible for the maintenance,
operation or repair of storm water drainage systems and BMPs. Property owners shall
maintain, operate and repair these facilities in compliance with the requirements of this
title and Appendix A and Chapter 6 of the KCSWDlVH:he--Fet'ienti..\Va.y.&tmmwat-e.r.&y-stem
Operu~:on md I'vluir;.t.;;nance Ma:mul.
(4) New subdivisions and new short plats. In new subdivisions and short plats, maintenance
responsibility for private drainage facilities shall be specified on the face of the
subdivision or short plat.
(5) Existing subdivisions and existing short plats. If a private drainage facility serves multiple
lots and the responsibility for maintenance has not been specified on the subdivision plat,
short plat or other legal document, maintenance responsibility shall rest with the
homeowners' association, if one exists, or otherwise with the owners of the properties
served by the facility. If owners of the properties served by the facility cannot be located,
maintenance responsibility shall rest with the owner(s) of the property on which the
facilities are located.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-27.)
FWRC 16.35.030 "Minimum maintenance standards." shall be amended to read as follows:
16.35.030 Minimum maintenance standards.
The following are the minimum standards for the maintenance of stormwater facilities:
(1) All stormwater facilities shall be inspected at regular intervals and maintained and repaired
in accordance with Appendix A and Chapter 6 of the K-CS:WDMthe--Fet'ie.ral.Wa,y
Ston:lwater System Opt.;.ration ~lTId :Ma:n~enUlK~e M.anual, the approved designs for
stormwater facilities, storm water permits which may be issued by the city of Federal Way,
the State Department of Ecology, or the Environmental Protection Agency (EP A),
applicable construction standards, and the minimum requirements as stated in the
storm water management manual.
(2) Where maintenance and repair is necessary to correct health or safety problems, to prevent
harmful materials from entering the stormwater system, or to remove harmful materials
that have entered the stormwater system, such work shall be completed by the owner or
operator of the storm water system or stormwater facility within 24 hours of discovery of
the need for maintenance or repair. When maintenance and repair is found necessary to
prevent water quality degradation, such work shall be completed within 14 calendar days
of discovery of the need for maintenance or repair. For other related problems,
maintenance or repairs shall be completed within 30 calendar days of discovery or repair.
Exhibit A
NPDES Code Amendments
Page 18 of35
(3) Where lack of maintenance is causing or contributing to a water quality problem,
immediate action shall be taken to correct the problem. Within one month, the director
shall revisit the facility to assure that it is being maintained.
(4) Should the public works director have reasonable cause to believe that the situation at a
private stormwater facility is so adverse or hazardous so 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 owner of the property and/or the person responsible for the maintenance of
the facility shall be obligated for the payment of all costs incurred. If costs are incurred
and a bond pursuant to this title or other city requirement has been posted, the public
works director shall have the authority to collect against the bond to cover costs incurred.
(5) Illicit discharges to the stormwater system are prohibited, unless such discharges are
authorized in accordance with Chapter 173-216 WAC (State Waste Discharge Permit
Program) or Chapter 173-220 WAC (National Pollutant Discharge Elimination System
Program).
(6) Harmful and prohibited materials, as defined in this title, shall not be allowed to enter any
storm water system. All such substances shall be stored, handled and disposed in a manner
that will prevent them from entering the stormwater system. Further, storage, handling and
disposal shall be conducted in accordance with Chapters 173-303 and 173-304 WAC.
(Ord. No. 99-352, S 3, 11-16-99. Code 2001 S 21-28.)
FWRC 16.45.010 "Purpose." shall be amended to read as follows:
16.45.010 Purpose.
The purpose of this chapter is to protect the city's surface and groundwater quality by providing
minimum requirements for reducing and controlling the discharge of contaminants from
commercial, industrial, governmental, agricultural, residential and other land use activities in
Federal Way. The city council recognizes that water quality degradation can result directly from
one discharge or through the collective impact of many small discharges. Therefore, this title
prohibits the discharge of contaminants into sm-facewater. stonnwater and groundwater and
outlines TJreventative rneasures to restrict contaminants fiom enterlnf:l such waters includin(! the
~PP...._.._.........~.__._----------------------------_______.____~_______________________________________________.__________________________________________________~-_-_---.------------------,------------.---------~______.
jxnpJ~m~_ntgtitm_.Qrl!{~.tm?.m~g~m~I!lj)Iil~j;i.~:.~~.L~-~JP..$.)r-et1Htre-e--t!ie-.i-.irlftleme-nt-atHm-.Hf-the'17e-et
kn.;:lwl1~--!lvaii!lble.;nand-fea<;0-Bahle-nlfHlagerr:~-nt.pffl0ti0e-S--to.-prevef1i:--the.-€fJonta:ff-lfl1ati0H--()f
stornrwmer, snrJllce water. and grour;.dwmer.
. -
In addition, the city council also recognizes the importance of maintaining economic viability
while providing necessary environmental protection. An additional purpose of this title it to
assist in the achievement of both goals.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 S 21-35.)
FWRC 16.45.030 "Scope." shall be amended to read as follows:
Exhibit A
NPDES Code Arnendrnents
Page 19 of35
16.45.030 Scope.
This chapter establishes the following water quality standards based on how the water leaves the
subject property:
(1) FWRC JQ:A~...Q~~Q establishes water quality standards for water that flows directly from the
subject property into a stream, a lake or Puget Sound.
(2) FWRC _H2A_~.,!2.5.Q establishes water quality standards for water that is conveyed into the
public stormwater system directly from the subject property.
(3) FWRC 16.45.060 establishes water quality standards for water that enters the groundwater
system by penetrating through the surface of the subject property.
(4) Water that leaves the subject property by conveyance directly into a sanitary sewer system
or from a septic tank systern is not regulated by this title. Seat-tle-IGng..CotlHiy.Heal.fh
Dep~~r~mt.r;.t Regt~lut:on N u:nb\'.:r InQ;l.d_~..Qf.th~..K-ing..Cmmty...~m\r.g_9LBs~~JJh,..Iitl~._U-
applies to water quality in these situations.
(Ord. No. 90-43, ~ 2(115.150(1)), 2-27-90. Code 2001 ~ 22-1196.)
FWRC 16.45.030 "Scope." shall be amended to read as follows:
16.45.040 Quality of water entering streams and lakes.
(1) Generally. The quality of any water entering any stream or lake or Puget Sound directly
from the subject property must meet the water quality standards established under the
authority of Chapter 90.48 RCW, and contained within Chapter 173-201 WAC, which
standards are hereby incorporated by reference.
f2+.Cla.ss.i:fiea:t-ie-Bs:..t)1KH!f'.tl:1e..auth0:Fity.Hf.Char4ef.-lT;~!-10.1..WAC-;..t-lre--0ity..heH~-by-da-ss.i:fies
ak-st-Fea:n-ls.."'!v.it:t1tn..t!1e--e-ity--a:s--':Tlas-s-Af\:Y..at1d..itIH-ake5-'1vittltn..t1re'0ity"as.:::Clas-s+ake:;~:
(Ord. No. 90-43, ~ 2(115.150(2)), 2-27-90. Code 2001 ~ 22-1197.)
FWRC 16.45.090 "Enforcement." shall be amended to read as follows:
16.45.090 Enforcement.
(1) Violations. Notwithstanding the requirements of Chapter .H?:_~Q FWRC and FWRC
16.55iH.Q, if a person has properly designed, constructed, implemented, and is
maintaining BMPs according to the BMP manual, is carrying out AKAR T as required or
approved by the director, and/or has modified existing practices as specified by the
director, and contaminants continue to enter surfacewater, artd stormwater or groundwater;
or the person can demonstrate that there are no additional contaminants being discharged
from the site above the background conditions of the water entering the site, then that
person shall not be in violation of water quality provisions of this chapter. Said person
however, remains liable for any prohibited discharges through illicit connections,
dumping, spills, improper maintenance ofBMPs, or other discharges in violation ofthis
chapter that allow contaminants to enter surface~!JJ.~., aHd stormwater or groundwater.
(2) Additional guidm;_c;.')P-I1!'(":~Ql!r.~~. The director, in consultation with other departments of
Federal Way government, Hlaywi1l develop and implement additional guidance
Exhibit A
NPDES Code Amendments
Page 20 of35
information which describes the goals, objectives, policies, and procedures for a water
quality investigation and enforcement program. These procedures will describe how the
city will characterize, investigate and respond to reports or instances of noncompliance
with this title and shall identify by title the official(s) responsible for implementing the
enforcement procedures. These nrocedures will also include direction on removino- the
....___.___.___..l"'___._________.___._______________m......_________.___................___..___--..........----------------------.......Q....-.....
source of discharge, notification of appropriate authorities, notifkation of propertv owner,
mlQ.Jh~__m~.{:n!_.$..9Xp.r.QY.i.gj.J:!gJ~~:lmi~~JJ:1~.$.i.$.~;J.n~:.~J(~K.~litn1IH:tliD.gJh~__\,h~~hm:g~,__Jn.gKlg.itk~Jl,
lh~~~.12r.Q~~.~hJI~.$...~y.ii.Um:lg~.~..~.$.~?lgtin.g.~n1Qr~~m~.m..gnQ..l~ggLg~tjQX1$.,
(3) Sampling and analysis. Whenever the director determines that any person has violated or
is violating the provisions of this chapter, the director may require the person responsible
for the violation to sample and analyze any discharge, surface and storm water,
groundwater, and/or sediment, in accordance with sampling and analytical procedures or
requirements detennined by the director. A copy of the analysis shall be provided to the
Federal Way surface water management division.
(4) Summary abatement. Whenever any violation of this chapter causes or creates a condition
which constitutes an immediate and emergent threat to the public health, safety or welfare
or to the environrnent, the director may summarily and without prior notice abate the
condition. Notice of such abatement, including the reason for it, shall be given to the
person responsible for the violation as soon as reasonably possible after the abaternent.
The costs of such summary abatement shall be recoverable via procedures for recovery of
abatement costs as set forth in Chapter .Ll~ FWRC, Civil Enforcement of Code.
(Ord. No. 09-597, ~ 62, 1-6-09; Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-41.)
FWRC 16.50.010 "Illicit connections." shall be amended to read as follows:
16.50.010 Dlicit connections.
No person may connect a conveyance systern which was not constructed or intended to convey
precipitation runoff, or which has been converted from such usage to another use, to a storm
drainage system or groundwater infiltration system:...IJw..~J!.mlI.Y_.~HQJ1__m~.~:...:EJ:mint.~ml"Q~~.__QX
continued existence for illicit connections to surfacewater, storrnwater, groundwater or the Puget
Si.m!l~j~..p.mJlihj~r.~L..I.hi~..p.r.QJlihjhmL~2mr.~fl.~l:chJ.gI~.lJt~~.,J~i~11QgUimil~JiQn.,..migk_(;_QIm~~tj.Pn~
m~_g.~jgJh~J?~J-'.n!g?r~'l~~.$...~?Lwh~lh~Llh~..9.9.m1.~~tj9.D__W.?$..l?.~rm!~.$.j}2i.~..lm~~Ltl1~J.~W__Q.L1!r~~tj~~~
applicable or prevalling at the tlrne of construction.-exeept:.tl1at:---tIhe following connections or
discharges may be made:
(1) Allowable discharges as defined below;
(2) Discharges authorized by a NPDES or state waste discharge permit;
(3) Connections conveying effluent from an approved on-site sewage disposal system to its
drain field.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 921-36.)
FWRC 16.50.020 "Prohibited discharges." shall be amended to read as follows:
Exhibit A
NPDES Code Amendments
Page 21 of35
16.50.020 Prohibited discharges.
It is unlawful for any person to discharge contarninants into surfacew.~1q,__<-md stormwater,
groundwater, or lh~ Puget Sound. Contaminants include, but are not limited to, the following:
(1) Trash or debris;
(2) Construction materials;
(3) Petroleum products including but not limited to oil, gasoline, grease, fuel oil, heating oil;
(4) Antifreeze and other automotive products;
(5) Metals in either particulate or dissolved form;
(6) Flammable or exPlosive materials;
(7) Radioactive material;
(8) Batteries;
(9) Acids, alkalis, or bases;
(10) Paints, stains, resins, lacquers, or varnishes;
(11) Degreasers and/or solvents;
(12) Drain cleaners;
(13) Pesticides, herbicides, or fertilizers;
(14) Steam cleaning wastes;
(15) Soaps, detergents, or ammonia;
(16) Swimming pool or spa filter backwash;
(17) Chlorine, bromine, or other disinfectants;
(18) Heated water;
(19) Domestic animal wastes;
(20) Sewage;
(21) Recreational vehicle waste
(22) Animal carcasses;
(23) Food wastes;
(24) Bark and other fibrous materials;
(25) Collected lawn clippings, leaves, or branches;
(26) Concrete and concrete by products including waste water from concrete saw cutting;
(2627) Silt, sediment, or gravel;
(M.~.~) Dyes (except as described below under "allowable discharges");
(2-g29) Chemicals not normally found in uncontaminated water;
(29~.Q) Any other process associated discharge except as otherwise allowed in this section;
('-;G}J) Any hazardous material or waste not listed above.
Exhibit A
NPDES Code Arnendments
Page 22 of35
"
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-37.)
FWRC 16.50.030 "Allowable discharges." shall be amended to read as follows:
16.50.030 Allowable discharges.
Subject to provisions of the BMP manual, the following types of discharges shall not be
considered prohibited discharges for the purpose of this title unless the director Qr__hi~{:h~f.
g~~igI!~~__determines that the type of discharge, whether singly or in cornbination with others, is
causing pollution of surfacewg!!~:l:,.:aHd stormwater or groundwater:
U_LN_<l~JlmLmQQI!l~nliI1_<ll~g__~_mf<i~g__w_?.h~G
L~}J)iy.~n~_d__~.tr~m:nJ}QW_~;
(3) Sprinf!, water;
(1) P;Jtu~~le ;vater in;.Juding water .:.ion-: ',ya:er ;.ine '::lushing a:Kt hyd:-a:l: n-:aintenmK:e;
(~4) Uncontaminated water from crawl space pumps or footing drains;
(21__~J.!1_<;'Q!11gmin?1~g.-12tm1l2~.g..grmmgw.?..1~G
(Q1IEn~Qnlf1min_{!1~~tgtQJ.m~hY:flt~Ij:otUn:!ltiQIL~t~fln~~LillA:Q_.GI~I~..~;\2_QQ~G_Q).;
(7) 1"10\":'> from riparian habitats and wetlands;
(8)' Collected rainwater that is uncontaminated.
. n.~ ..O.O_nnn...____.______________....__.nuu_uuuhU_____________.___.____n________..__................,
(.>' r,.. '...t".... ..
:,,,)--1::;3.;v.rhvd-cfmg-;
(21.IrDg~11.iQI1_)y.<l1~Lfr~~m.~grk.IJ.llgml.!mmQ~~Jh?.U.~.__<;.Qmmingkg__wj1h.JJXQgI!__$.lmlill:ygtJtI;
(""H.-l)ed~1GFiH{it~i:-5-WfH:l:rftiHg..I){:*Tl.-wat,e:t'~
($JQ) Materials placed as part of an approved habitat restoration or bank stabilization project;
(6) Na:u.:.a: uncontaminatec Su.:-'::i:..'Ce water or grou.ndwater;
{-7-)--Ffow5:.-fi~;;m-f_ipar-ta1"t.habtt3.ts-.and-_we!:laHd.-s;
(g) Commcn ;.~~ructice.a fo:- water ~Nel1 ;.~isidection;
(9JJ) Discharges resulting from diffuse or ubiquitous sources such as atmospheric deposition;
(-WI;?) Discharges resulting from dye testing authorized by the director;
(.Ul_b.ir_~Q:lJ!Jitkmi.ug_~QnQ~n~_!ltiQJJ.~
(1-1-14) Discharges which result from emergency response activities or other actions that must
be undertaken immediately or within a time too short to allow full compliance with this
title so as to avoid an imminent threat to public health or safety. {The director may further
define qualifying activities in adrninistrative guidance. The person responsible for said
emergency response activities shall take all necessary steps to ensure that the discharges
resulting from such activities are minimized and ensure that future incidents are prevented
to the greatest extent possible)~. In addition. this person shan evaluate BMPs and the site
plmJ,_.lyh~I~Ap.p_1i~-~-hl~,.J:Q.J~:~tri.~tI~-(.;Jlrr~n~~~
Exhibit A
NPDES Code Arnendments
Page 23 of35
(+2-.L~) Other types of discharges as determined by the director.
(Ord. No. 99-352, S 3, 11-16-99. Code 2001 S 21-38.)
A new section is added to chapter 16.50 "Discharges into Federal Way Waters and Storm
Drainage Systems" FWRC to read as follows:
16.50.040 Conditional discharges.
TIwjgJb:'NjI!gJ:YP_~~..Q.f..g.i~.~h~rg~~m$.h~1~1.nQLb~:..~Qn.$.i~l~>I~.d..P.IQ.hil!jlS:.d..~U.$.~h~.rg~:$.J~J.rJh~..p.yn)'Q~~~
QLt.hi$m.~h~lIt~I.jLlb~Y-..Jn~~1..Jh~...~ti!t.~~m~qngitj.Ql1~:_mQ.L.Jml~s.~..Jb.~....djI~~t.m:...qLhi$!h~L..~l~.$.ign~~
determines that the tV")e of dischan)"e whether sin,!.lv or in combination with others. is causilw or
..m..m..........m.mm..m..m....m....:,.t,l.m...........m..m....m...._..'....mmm..m..m...___..~..................mmm....mm..m..mmmmm.mmm.m......._____...............""'.......
i~Ji~gJY-.JQ..~iln~.(.:..~i.~nifi~:.~lQL~.QJlt.~1J]im1.t.iQn..Qr~m:.f~1~~w!.11~I...~lQIm~Y.~1~LQl:.gCQJm\,hY..~1~L
(D.J!.i~&h!.1Igy.~..ftQmJ2q1!lhly..}y.f1t.~L~.QJ~r~~.$.,jg~1~!gilJg.w.~gI..Uny...ft~s.hil}g,..hyp..~r~hlm:i.:Qjit~g
~Y-ill~IJin~..tln~higg,J:ir.~..hy.i-:lHmL~y.~1~mJhf~.hing,..~n~tJ2ip.~.:Jin~.hy.dt:Q~lil~i~.1~2LW1J!~Uh!.1!
h;:lY.LQ~~JLd.~::.~b..lQJ:in!:iW.dJQ..~..~Qn~:~ntmliQJLQ.f..QJ...J~p.m.m:.l~.$.~.,..plI:..~ldju~!~d:.jfn~.~~~J?!ir.Y-,
al1dvolu.metricaliv and velocity controlled to prevent resuspenslon of sediments to
surfr:lcewater. stonnwater f,rfoundwater. or the Puo-et. Sound-
~~~_._----------------------_._-------------.._-------__________'l~_-_.._-__-________-____-___-_______....___---------:..t:>----------------------,.
GJJo'.~f~D__.wHlrIiIJgJJ.n.4..Q!h~Ijrrig~flkm..nmQ.tI..Ih~~~...~ii~.~kmnl~~...$.h;lJ.Lh~...minimi~~st~hn?!tgh.,
at a minimum. Dublic education acti\rities and/or water conservation em)Its'
....---------.---------------------.....""_______________________..._________________uu_.__..________________________________._.___.__________________________n._______________________n___'1
(3) Discharges from swimming pools that have been de-chlorinated to a concentration of 0.1
p.p.m__QIJ~~~,.J!Jf:i1:gin~!~d--fWQ.--I.N.0Yg~.njz~d..i.Ln~s.~.$.@Iy.'___;:lnd__J::QhJ.m~tr.i~~1UY____~I!g...Y.~lQ~ity.
~QntIQ1kg..tQ..p_rs:.Y~.nt..ry.~.!J..$.p_~Jl~i~:m..~~f.~~gim~!}1s.JQ.~lli~f:~.Qy.~y.~ty.r:_.~1Qnmy..~1~r....gn;mngw.~1~I,
91:Jh.~..Plfg~t.s.QlfnQ~
(4).' Street and sidewalk "\-vash water. wat.er used to control dust and routine extemal wash
. _n_ ___..._OUU...__n_______.__unuU__n._____n__._.UUU__n_____._nnn...........____________.............................nn_.....__________.._...._...1__""'_"_'______________"0"0"""__"""hUh"0'''__''''''''''
down that does not tl..'"Ie detergents {these discharges shall be minimized through, at a
minirnurn !)ublic educatioll activities andior water conservation effc.lrts'i:
________._.______________'1.__ -......-------------_____....______________.___.......____________________._.________________________________--------------------------------------.,J.-~
(5.L..~.ml::~tQgI!:'!Y.~ty.L..di$.~.hill:g~.$......~.QX:~I~.d...J?.Y...m~m..~.~1??.r.~t~....:Nf1t.im1.~LJ~Q.um.&IL..1)i$.~1l~1rg~
Elimination System (NPDES) or State Waste Discharge permit. provided that the
~,tlli~hm:g~Li.$...i.nJ~J.nm~QIDP_lim!~.~...wi!h--!.1n..n.~.QlJ.ir.~m~nl~..f!.f.!h~__p_~m:!il'--~y.~tiy~f'---m:..m:Q~Lf1n\,l
.Qlh~L!.1P_p_1i~~.~QkJ!.1F.$...illJ.d.r~~mlm.iQ1!.$.;..!.1ng..P_I9.Y.i~i.~g..lh!ltwIin~!L~p_p_m..y.~.Lh!l~..~.~!U~I..<mt~g
1QL;m}:..(Ji$.!-?Jl!!m~:.1~~Jh~..~!QIm__(.ln~iIL~y.$.~~In~
LQL.QH1~L__~.t.qIDJ'\Y.~J.t.(.:I.....~jlli~~:h;:.n:g~.$.:mmmIh.~.....di..$.dl;:lrg~~m.~11;:llL__b.~.mjl!____~Qmp.li.?I!~~.....wi!b....lh~
requirements of a stonnwater pollution prevention pIal1 (S\VPPP) reviewed and approved
l.-:rv Surff.l.CeWater Mamwernent. which addresses control of such discharqes bv a'''>l}lvim)"
.--...---------~._----------------.-.---.--------------..-----~--------------.....------------------______.______---..------------------------------------------.--------------------------~---------...---~l'---...-----~
Afu\KI.JQ.m:~.y~nL~.Q.nl~I!inilllt.$...fmrrL~nt~riD_g..$.m:f~w~}y.~t.~.[,J~tQgTIw.~ty.r:_.gr.Q.!.JJ1~}Y.~t~[,..~Jr
the Puget Sound.
FWRC 16.55.010 "Stormwater Pollution Control Manual." shall be amended to read as follows:
Exhibit A
NPDES Code Amendments
Page 24 of35
16.55.010 Stormwater Pollution Ct.7rtt-re.iP.L~y.tnlim} Manual.
(1) General. The King County Stormwater Pollution -C-E7E:t-roU~r~y~_m.iqD Manual (BMP
manual), {:H:k~'pt~(:l--iH--F-WRC-lf~:_~_Q;9_~f.H*Hd--.i.f?_:_~~~_:9:Jf~;..applies to existing facilities and
activities and to new development activities not covered by the King County Surface
Water Design Manual (KCSWDM) and Federal Way Addendum to the KCSWDM. The
BMP manual describes the types of regulated activities, the types of contaminants
generated by each activity, the contaminant's affect on water quality, the required source
control BMPs, and the available treatment BMPs. The BMP manual includes information
on design, maintenance, allowable use of alternative BMPs, and a schedule for BMP
implementation.
(2) Priority of BMP implementation. ___r~Qmp.li~lK~__?!YilhJ.hi~__~_~_9.1i9.n__~hglLQ5,f._g!~hi~s:~4.1hrQYgh
l_h~_Jl~_~__Qrl2~_$J_Iffiimi.~~In~nt.p.m~li~:~_$...d.~~_~Iib.~gjtUh~..~_NlP.__n:~~mmt In applying the BMP
manual, the director or his/her designee shall first require the implementation of source
control BMPs unless the BMP manual specifically requires treatment BMPs. If source
control BMPs (or treatment BMPs if required by the BMP manual) do not prevent
contaminants from entering surface and storm water or groundwater, the director or his/her
d5,f.~Lf4n~~ may require implementation of additional source control BMPs and/or treatment
BMPs according to AKART.
(3) Prevention of pollution of surface and groundwaters. BMPs shall be applied as required
herein, so that when all appropriate combinations of individual BMPs are utilized,
pollution of surface or groundwaters is prevented. If all BMPs required herein, or by the
director are applied, and pollution still occurs, the discharger shall modify existing
practices or apply further water pollution control measures, as specified by the director. In
the absence of implementation of applicable BMPs, the director shall be authorized to
conclude that individual activities are causing pollution in violation of this chapter, and
shall be authorized to enforce this chapter accordingly.
(4) Technical assistance. The Federal Way surface water management division will provide,
upon reasonable request, available technical assistance materials and information, and
information on outside financial assistance options, to persons required to comply with
this title.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-39.)
FWRC 16.55.020 "Exemptions." shall be amended to read as follows:
16.55.020 Exemptions.
It is intended that all persons shall apply appropriate BMPs, whether as required by this title or
under the authority of another program Notwithstanding the requirements ofFWRC 16.55.010,
implementation of BMPs prescribed by this chapter is not required when:
(1) Alternative BMPs are.being implemented pursuant to another federal, state, or local
program, unless the director 1!I_hi~LhtL~~:~illn5,f.~ determines the alternative BMPs will not
prevent or sufficiently reduce the discharge of contaminants. If the other program
permitting alternative BMPS requires the development of a best management practices
Exhibit A
NPDES Code Amendments
Page 25 of35
plan, the person shall, upon request and at no cost to the city, provide the director a copy
of the BMP plan within five days of the request;
(2) A general or individual NPDES permit for stormwater discharges has been issued by the
Washington State Department of Ecology for the property or activity in question, and the
NPDES permit includes a water quality pollution control plan; unless the directorQf
his/her designee determines that the plan is not being implemented or that implementation
of the water quality pollution control plan will not prevent or sufficiently reduce the
discharge of contaminants;
(3) A farm management plan approved by the director .QLhi~!.h~.L_d_~~$.jgn~~~ is being
implernented and maintained according to the plan;
(4t-:A-geHeml"0:r.illi:hv-i-d:u:aJ-N:P-Dl~&-pen'f-lit--f0f'-c{:>r:rmwfeia-i.-t:ltri:Fy--o-pc::'ations--i1.as--boo:B:--iS5-tte.d--hy
t:OO..-\h!-H5}-tirtl;"f:-t-H.t--~t:&.I'-e--D-el-~(:ir-t'r-net~1:--t'rf:l;-i;,(-\It:)(;''Y:-
. ," . .. .- 'e~~" . ,. . ,-. . "1-" ..". .' .." . - .-" ....A.e;~'
(2i:l:) An approved forest practices application has been approved by the Washington State
Department of Natural ResoJIfces for forest practices, with the exception of forest
practices occurring on lands platted after January 1, 1960, or on lands being converted to
another use, or regulatory approval has otherwise been issued by the city of Federal Way
or other local government under RCW 76.09.240;
(6~) The director Qr..hi$.!.h~r__d.~f>jgn~.~ is authorized to and has issued an exemption from BMP
requirements under another provision of this title.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-40.)
FWRC 18.60.050 "Streets and rights-of-way." shall be amended to read as follows:
18.60.050 Streets and rights-of-way.
(1) Streets within an approved land division shall be within a dedicated public right-of-way.
Private tracts or easements may be used in short subdivisions and cluster subdivisions
using those cross-section type~ "YO> as described for this purpose in the Development
Standards F'NRC 12J-p..~;~_~_~. Ingress/egress and utilities easements and alleys may be
utilized when certain conditions established in the city of Federal Way public works
development standards are met.
(2) All streets within the public rights-of-way shall be improved to the standards specified in
Chapter 19J35 FWRC, regarding required improvements to rights-of-way. Improvements
to private tracts, alleys, and ingress/egress and utilities easements shall comply with the
city of Federal Way public works department development standards.
(3) LID alternatives. su.ch as permeable surfacing and em-site stormwater rrumageInent
frlgjJilk~J!t~__~11~:~~m:9.g~~b~h~I~:.flP-m.Q!!Il~lt~Jm~_~!lQIL~Ki~J.ing__1,\.it~~.QI!_g.iliQn1L~~!l~twh~n
~!n)n:2j:~~thY.1h~__Cjly.:.
(31) All streets abutting a land division shall be improved in accordance with Chapter 19.135
FWRC, and the city of Federal Way public works development standards regarding
required improvements.
(4~) All traffic control devices within a land division shall be provided by the developer as
required by the director of public works.
Exhibit A
NPDES Code Amendments
Page 26 of35
(5f?) Streets shall be provided to develop a street network with a block perimeter of no greater
than 2,640 feet, as measured on centerlines. This requirement may be modified if
connections cannot be made due to:
(a) Topographical constraints.
(b) Environmentally sensitive areas.
(c) Adjacent development not being conducive.
(6.7.) Additional off-site street and traffic control improvements may be required to mitigate
impacts resulting from the land division.
(Ord. No. 07-554, ~ 5(Exh. A(2)), 5-15-07; Ord. No. 98-330, ~ 3, 12-15-98; Ord. No. 97-291,
~ 3, 4-1-97; Ord. No. 90-41, ~ 1(16.300.10 - 16.300.50),2-27-90. Code 2001 ~ 20-180.)
FWRC 18.60.080 "Storm drainage." shall be arnended to read as follows:
18.60.080 Stonn drainage.
(1) All land divisions shall be provided with an adequate storm drainage system designed and
constructed in accordance with the surface water managernent requirements in FWRC
Title _Hi, and the storm and surface water utility requirements in FWRC Title 1.1., Division
III.
(2) As required by the director of public works, land divisions shall provide stormwater
detention or retention facilities. Such required systems should include biofiltration swales,
oil/water separation devices, or any other appropriate systems approved by the public
works director. LID best management practices are encouraged when site and soil
conditions make it a feasible 01Jtion. LID tl'tci1it.ies shaH be desio-ned and constmcted in
...........u__...........u..nnnnnnnnn__n___..__.....____.on.__.._________............_.__________________nnn..__....__n___..nn_______nn_~--_.--__--__--________--.-----------_-nnn_n--__.___.
~~~.m:@,rr~.~..wilh.jh~..P.I9.y.i~.i9.r!.?..Q.f.Iit.l~.l{!...s..mt1!~.~..y.y?t~T..M.@fl.g~m~.nt
(3) As appropriate, the storm drainage system shall be dedicated to the city upon approval of
the final recorded document.
(Ord. No. 07-554, ~ 5(Exh. A(2)), 5-15-07; Ord. No. 98-330, ~ 3, 12-15-98; Ord. No. 97-291,
~ 3,4-1-97; Ord. No. 90-41, ~ 1(16.330),2-27-90. Code 2001 ~ 20-183.)
FWRC 19.05.120 "L definitions." shall be amended to read as follows:
19.05.120 L dermitions.
"Land division" means any process by which individual lots, parcels, or tracts are created for the
purpose of sale, lease, or transfer. Land divisions include, but are not lirnited to, conventional
subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing,
zero lot line townhouse development, and small lot detached development.
"Land surface modification" means the clearing or removal of trees, shrubs, groundcover and
other vegetation and all grading, excavation and filling activities.
"Landscaping" means the planting, removal and maintenance of vegetation along with the
rnovement and displacement of earth, topsoil, rock, bark and similar substances done in
conjunction with the planting, removal and rnaintenance of vegetation.
"Landward" means toward dry land.
Exhibit A
NPDES Code Amendments
Page 27 of35
"Linear frontage of subject property" means the frontage of the subject property adjacent to all
open, improved rights-of-way other than Interstate 5. If the subject property is not adjacent to an
open, improved right-of-way, "linear frontage" means the frontage of the subject property on any
public access easements or tracts which serve the subject property and adjacent unopened and/or
unimproved rights-of-way.
"Lot" means a parcel of land, of sufficient area to meet minimum zoning requirements, having
fixed boundaries described by reference to a recorded plat, to a recorded binding site plan, to
metes and bounds, or to section, township and range.
"Lot area" means the minimum lot area per dwelling unit based on the underlying zone. For
single- family lots, the area of a vehicular access easement, private tract, flag pole, or access
panhandle shall not be credited in calculation of minimurn lot area.
"Low density use" means a detached dwelling unit on a subject property that contains at least
five acres.
"Low density zone" means the following zones: SE and comparable zones in other jurisdictions.
..'.:l:Q.~!:'...t.ll.u.!q(~L.df(.~:~?k:fl!.mWL.f.LIPL::'...m~~n~...~..~kQmJl~:9;k~LJJl;'lD.;.u~~m~nt..~!nlk~gy.JhilL~mp-h~~i?;~x~
conservation and use of existing- features iuteorated with distributed small--seale stormwater
.......--.-.-.--.------------------------------------------------------.------._-------------------------_...---------~._----------------------_._-----------_._._-.....--.-----\.------------------------------------------------------
~mm:Ql$._.JQ__JJ1Qr.~____9.1Q~~_lY....mimi~..-mmu:gtL.hY_fJm.lQgi~___m~lt~nl~_jrLr.~~id~J11i;~J,,___~Qmm~I9.i;~:1....m}g
industrlal settinc.Ts
..__uun__n__.._.......nuu____n~--..-.
(Ord. No. 09-593, ~ 24, 1-6-09. Code 2001 ~ 22-1.12.)
FWRC 19.120.3 (New Clearing, Grading, and Tree and Vegetation Retention Code)
"Exemptions." shall be amended to read as follows:
19.120.XX3 Exemptions.
Nothing in this section shall be interpreted to allow clearing, grading, and/or the removal of trees
or other vegetation within sensitive areas or sensitive area buffers where prohibited under FWRC
Title 19, Division IV, Critical Areas, or in designated native growth protection areas. Clearing
and grading activities are also subiect to review under Appendix Chapter J of the International
Building Code.
The following actions shall be exernpt from the provisions of this article:
(1) Digging and filling for cemetery graves.
(2) Clearing and grading in a right-of-way authorized in writing by the director ofthe
department of public works for pothole and square cut patching; overlaying existing
asphalt or concrete pavement with asphalt or concrete without expanding the area of
coverage; shoulder grading; reshaping/regrading drainage systems; crack sealing;
resurfacing with in-kind material without expanding the road prism; and vegetation
maintenance.
(3) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or
clay where a permit has been issued by the state department of natural resources.
(4) Exploratory excavations under the direction of a professional engineer licensed in the
state; provided that the extent of the clearing and grading does not exceed the minirnum
necessary to obtain the desired information.
Exhibit A
NPDES Code Amendments
Page 28 of35
(5) Normal rnaintenance and repair of the facilities of a common carrier by rail in interstate
commerce within its existing right-of-way.
(6) Excavations for utility service connections to serve existing and/or new structures and that
is outside any area that is within the jurisdiction of FWRC 19.145.010 et seq.
(7) Actions which must be undertaken immediately, or within a time too short to allow for
compliance with the requirements of this article, to avoid an imminent threat to public
health or safety; to prevent an imminent danger to public or private property; or to prevent
an imminent threat of serious environmental degradation. This determination will be
made by the director.
(8) Clearing and grading actions that are an integral part of an ongoing agricultural or
horticultural use on the subject property.
(9) Tree and vegetation removal actions conducted on a residential lot that contains a detached
dwelling unit together with any contiguous lots under the same ownership that are being
maintained for the use and enjoyment of the homeowner that comply with the following
criteria:
(a) Any trees or vegetation removed must be outside any area that is within the jurisdiction
ofFWRC 19.145.010 et seq.
(b)No trees or vegetation will be removed if that vegetation was required to be retained by
or through any development permit issued under this chapter or any prior zoning code.
( c) Tree and vegetation removal will not change the points where the stormwater or
groundwater enters or exits the subject property and will not change the quality or
velocity of storm water or groundwater.
(d) Trees with a diameter at breast height (dbh) of up to six inches and vegetation may be
removed without city review and approval if criteria a-c contained in this section are
met.
(e) Trees with a dbh of six inches or greater may be removed subject to the minimum tree
units per acre standard established by Table 19.120-XXI8.1 and subject to criteria a-c
of this section.
(f)Removal of trees with a dbh of six inches or greater that will result in the subject property
falling below the minirnurn tree units per acre standard per Table 19.120-XXI8.1 shall
require planting of replacernent trees as necessary to meet the minirnum tree units per
acre standard, or the existing tree units per acre represented by the trees proposed for
removal, whichever is less.
(g) Hazard trees and nuisance vegetation may be removed without city review and approval
if criteria a-c contained in this section are met.
(10) Clearing and grading actions that comply with all ofthe following criteria:
(a)The subject property contains a permanent building or an active use.
(b)The clearing or grading activity will not change the points where the storm water or
groundwater enters or exits the subject property, and will not change the quality or
velocity of stormwater or groundwater.
(c) The clearing or grading activity is outside any area that is within the jurisdiction of
FWRC 19.145.010 etseq.
(d) Grading, filling, and excavation totals less than 100 cubic yards. Quantities of
excavation and fill are calculated separately and then added together to determine total
excavation and fill.
Exhibit A
NPDES Code Amendments
Page 29 of35
( e) No trees or vegetation will be removed if that vegetation was required to be retained
by or through any development permit issued under this chapter or any prior zoning
code.
(11) Routine maintenance of trees and vegetation necessary to maintain the health of
cultivated plants. Topping oftrees as defined in FWRC 19.05 Definitions, is considered
tree removal, not maintenance.
(12) Removal of overhanging vegetation and fire hazards, or rernoval of invasive species,
hazard trees, nuisance vegetation, or dead, dangerous, or diseased trees when authorized
by the director or his/her designee.
(13) Removal oftrees in easements and rights-of-way for the purposes of constructing public
streets and utilities. Protection of trees shall be a major factor in the location, design,
construction, and maintenance of streets and utilities. These activities are subject to the
purpose and intent of this division.
(14) Rernoval of trees on sites zoned City Center-Core (CC-C) and City Center Frame (CC-F).
FWRC 19.120.6 (New Clearing, Grading, and Tree and Vegetation Retention Code) "Review
and approval of clearing, grading and tree/vegetation retention plans." shall be amended to read
as follows:
19.120.XX6 Review and approval of clearing, grading, and tree/vegetation retention plans.
(1) Review of plans required under this article shall be conducted as follows:
(a) Where clearing and grading plans and/or tree and vegetation retention plans are
required, the plans and/or application shall be reviewed by the departments of public
works and community development services. Plan review approvals under this section
are subject to the provisions of Title 16 ofthe Federal Way Revised Code. "Surface
Water Management".
(b) Where the city determines that clearing and grading plans and/or tree and vegetation
retention plans shall also be reviewed by the city's consultant(s), the applicant shall
cover the cost of the third party review.
(c) Where project sites contain or are adjacent to electrical substations, utility rights-of-
way and/or easements, the applicant must also obtain written comment from the
appropriate utility representative( s) for any required clearing, grading, or
tree/vegetation retention plans.
(2) Approval and Notice to Proceed shall be required prior to undertaking any clearing,
grading, and/or tree and vegetation removal actions pursuant to the requirements of this
section. Approval and Notice to Proceed shall not be issued until the applicant can
demonstrate readiness to proceed with the site development work and the ability to
complete such work in a timely manner. The following will be considered in determining
readiness:
(a) The applicant shall have received engineering plan approval for erosion control and
construction of required on-site infrastructure including, roadways and stormwater
facilities as allowed by the public works director, and;
Exhibit A
NPDES Code Arnendments
Page 30 of35
(b) The applicant shall have received approval of a proposed project timeline that
demonstrates how site development work and revegetation of the site shall be
completed per approved revegetation and landscaping plans within 12 months of
commencement of site work.
(c) Projects that will not be completed within 12 rnonths of initial clearing, grading, and
tree/ vegetation removal activity shall be required to submit plans for interim aesthetic
treatment of the site in its cleared and non-developed state that shall be subject to
review under section (a) of this section. Methods for addressing site aesthetics in cases
where a project will not be completed within a 12 month period shall include:
(i). Phased clearing, grading, and tree/vegetation removal in conjunction with phased
site development as follows:
a. Phased clearing, grading, and tree/vegetation removal shall be considered for all
projects that will not be completed within 12 months of, and up to 5 years from,
commencernent of clearing, grading and tree/vegetation removal activity.
b. Phased clearing, grading and tree/vegetation rernoval shall be required for all
projects that will not be completed within five years of commencement of
clearing, grading and tree/ vegetation removal activity.
(ii). Installation of permanent vegetation per approved plans in cases where vegetation
can become established and will not be harmed during completion of site work and
building construction.
(iii) Temporary revegetation and/or vegetation retention per an approved plan that
provides visual screening of the site from neighboring properties and rights-of
way.
(3) Approval of plans under this article shall be binding upon the applicant. Any proposed
changes to approved clearing, grading, and/or tree and vegetation retention plans shall be
resubmitted for review and approval subject to the applicable review process(es)
associated with the permit( s) required.
FWRC 19.125.040 "General landscaping requirements - All zones." shall be amended to read as
follows:
19.125.070 Parking lot landscaping.
(1) Purpose. The purpose of this section is to break up large areas of impervious surfaces,
mitigate adverse impacts created by vehicle use areas which include noise, glare and
increases in heat reflection by buffering, screening adjacent properties and shading,
respectively, to facilitate movement of traffic, and improve the physical appearance of
vehicle use areas. Developments are encomaged to use parking lot hmdscaping as on-site
LID storrnwater infiltration facilities unless such technk1ues are infeasible. LID
____~_.n__.._.....h...n..nnn__.___.nn__________.._h._......hn__n.___.n.n__n__~____n____________..n.nnn_.n""__h.__....~1""'hh._uh__n_ho_._.__.__.nn_____..n_____nnn..
stonmvater infiltration facilities shall be designed and constructed accordance w'ith Title
-------------------------------------.---..--------------------------------------------------.--.-.---_..-.--.--..---------------------------------------------------...........-._-----_...----.-.-.--------------_.._...
16..-. Surface Water Manap.enlent.
.______..._.__......._..........._..........._..____..........__'4':)..._...__......._
(2) Type IV Landscaping. Type IV landscaping shall be provided within surface parking areas
as follows:
Exhibit A
NPDES Code Amendments
Page 31 of35
(a) Required interior lot landscaping. Landscape area shall be provided at the following
rate within paved areas:
(i) Commercial, industrial, and institutional developments shall provide the following:
(A) Twenty square feet per parking stall when up to 49 parking stalls are provided;
and
(B) Twenty-two square feet per parking stall when 50 or more parking stalls are
being provided.
(ii) Residential developments with common parking areas including, but not limited to,
subdivisions, PUDs or multifamily, shall provide landscape areas at a rate of 15
square feet per parking stall.
--~---
:I --
.!
':J
::..
r
Figure 7 - FWRC 12J_~~:_Q2Q(3)
(3) Landscape islands. Landscape islands shall be a minimum size of64 square feet and a
maxirnum of 305 square feet, and a minimurn 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 separqte head-to-head parking stalls
and shall be provided at the following locations:
(a) At the end of all rows of parking; and
(b) For separation buffering between loading doors or maneuvering areas and parking
areas or stalls; and
( c) Any remaining required landscaping shall be dispersed throughout the interior parking
area in a manner to reduce visual impact of the parking lot;
(d) Deciduous trees are preferred for landscape islands within interior vehicle use areas.
(4) Curbing. Permanent curbing shall be provided in all landscape areas within or abutting
parking areas. Based upon appropriate surface water considerations, other structural
barriers may be substituted for curbing, such as concrete wheel stops.
Exhibit A
NPDES Code Amendments
Page 32 of 35
Figure 8 - FWRC J2J2_~,-QIQ(4)
(5) Parking areas/screeningfor rights-of-way.
(a) Parking areas adjacent to public right-of-way shall incorporate berms at least three feet
in height within perimeter landscape areas; or alternatively, add substantial shrub
plantings to the required perimeter landscape type, and/or provide architectural
features of appropriate height with trees, shrubs and groundcover, in a number
sufficient to act as efficient substitute 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.
(b) 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
providing Type I landscaping within required perirneter landscape areas.
(6) Vehicular overhang. Vehicular overhang into any landscaping area shall not exceed two
feet.
Figure 9 - FWRC J~?_J.1~_,Q1Q(6)
(7) Landscaping and irrigation.
(a) All landscape islands within parking areas shall use drought-tolerant trees, shrubs and
groundcovers. IJw__m_~__Qf121~!1t~__nflhy.~_.tQ_j:h~j~fl~.ifi~.Nm:th:w_~~L~~__~Jw.~!.m:~.g~_d, Lawn
Exhibit A
NPDES Code Arnendrnents
Page 33 of35
shall not be permitted in landscape islands less than 200 square feet and shall be used
as an accessory planting material to required trees, shrubs, and other groundcovers.
(b) No plant material greater than 12 inches in height shall be located within two feet of a
curb or other protective barrier in landscape areas adjacent to parking spaces and
vehicles use areas.
(Ord. No. 07-559, 9 3(Exh. A), 7-3-07; Ord. No. 93-170, 94,4-20-93. Code 2001 922-1567.)
FWRC 19.130.020 "Number of spaces." shall be amended to read as follows:
19.130.020 Number of spaces Minim.tun.
(1) Minimum number of spaces.
{.~!} Generally. Except as provided in subsection (3) of this section, the number of parking
spaces required by Chapters 12..:19.~ through J..rLJA.Q FWRC for any particular use is the
minirnurn number of parking spaces required for that use, and the applicant shall
provide at least that number of spaces.
(212) Guest parkingfor residential uses. For residential uses, the city may require guest
parking spaces in excess of the required parking spaces, if there is inadequate guest
parking on the subject property.
(J~) Exceptions. The number of parking spaces required by this Code for a particular use
may be reduced only when the use for which the parking is required:
(aD Provides shared parking in accordance with FWRC 19.130.120;
(hiD Is located in the CC-C or CC-F zones and is accompanied by a traffic demand
managernent plan which, as a condition of project approval, the applicant shall
implement. In such an instance, the director may approve reduction of the
required nurnber of parking spaces by up to 20 percent. Transportation demand
management options which can be considered by the director include, but are not
lirnited to, the following:
(tg) Private vanpool operation;
(liP') Transitlvanpool fare subsidy;
(itis:) Preferential parking for carpools/vanpools;
(w!j) Flexible work-hour schedule;
(v~) Participation in a ride-matching program; or
(~'t1) Bicycle parking facilities;
(€-iiD Is located in the CC-C or CC-F zones, is adjacent to a public street right-of-way
classified to allow on-street parking and the applicant makes a one-time
contribution to a city fund established strictly to fund developrnent of on-street
parking. The amount of the contribution will be based on a per stall cost
established by the city, and the required number of stalls may be reduced on a
one-for-one basis according to the amount of the contribution paid;
(Jjy) Provides a parking study in accordance with FWRC J.2J;iQ..:il~_Q(2).
(Ord. No. 07-554, 9 5(Exh. A(ll)), 5-15-07; Ord. No. 97-296, 93,6-17-97; Ord. No. 90-43,
92(105.15),2-27-90. Code 2001 922-1377.)
(21 Maximu_m number of spaces.
L(!1..Ih~__mm~_i:n:mInJ.:mmQ~LQLiIm2~_n:im!~_,__~!,.g:.f<:1f.~::-1~ytl.rmrk.iI!g..~!}_m~~~..~Jmn_Im.t..~K;;'~~!,.tL~:n
Exhibit A
NPDES Code Amendments
Page 34 of35
Ix~rcent rnore than the minirnurn number of St);lCeS calculated UJIi.kr Section
_u.unnu_u.u_._.._un.____nn________________________________________uuuhn_._..n._~.nu__~nn__.___________________~t----n---__________n_________.__nnnnnn__._______.__._______.__......_.__.....
.J..2:.J.}Q:.Q.2.Q.qI.S.~~tiQJ1J.9.:.1.J.Q.:Q..}.Q.:
ell) Where an applicant desires to exceed the minimum number of parking spaces by more
lh;l!l..t~.IJ.P~I~~II~_'..th~..~u~r~Ji~:~mL~Jl!JJl..b~:.I~.q!J.jI.~5:.UQ..milig;!~~...1.Q.Q.?JU2f~ttl~..~.!J.d~~~..~y..m~!:
I)Jn.Q.f[...1i:Qm...th~...!lggit.iQJlg.L.$.p.fw:~.$....gbQ.Y~..Jh~...nm~imtJJ11...~.uQ~~.~.g....~.i1h...lQw.jmp..g.~t
development (LID) techniques. For exanlple:
!\Jj.ni.IlmDJJ~.?-rking.SJ~~~~S.:..............mmnn......................................................~.Q..$.tm~:.~~
Maximum Im.....ervious Surface.Level ParkinQ' Snaces: 33 snaces
..hnh...........................~..................................................................................t!................................I"...........
PI~)J2Q~.~~U~.l1It.~~~~::L~:y.~LP.QJ:king)imt~<r.~;..........................uu...........AQ..~p..~!~r~
R~~1lL~!:~~tLr.P..Mit.ig<itl~~j...S.llIt~.~~::L~y~J..P.k1Tk..iD.g..S}~.~~~r~........7...S}~.?-~~~
(c) Exernptions to this section are allmved provided the applicant can adequately
~k.!nQ.n~tnlt.~.Jh~...~it~...~ml(liliQn~...li&...~!:.!.iJ~.t...by~mlQgJ-"..~~~J.Jrmk~..1h~nH.$.~:..QIIJ.R_!l(L~
.[~.~)jpl~,....In..thgL~.itJlmiQn.Llh~...?-rm.!i~.!M}J..~h!:!U..mitiggl~.lQQ%..9..f.lh~..~lQ[m1Y..gt~LmnQ.ff
from additional parking, above the aHowed maximum using traditional stormwater
detention and treatment techni(lues.
.......n..nnn.......__......__..___......___.._______.___..._.hUUUnn. ouunno
FWRC 19.135.100 "Exceptions." shall be amended to read as follows:
19.135.100 Exceptions.
The following provisions of this article shall apply:
(1) A vehicular access easement or tract (ingress/egress and utilities easement) may be
permitted subject to the conditions established in the city of Federal Way public works
development standards.
(2) If the vehicular access easement or tract that does not have adequate width for the
installation ofthe irnprovements required by this chapter, the public works director shall
determine the nature and extent of the irnprovements to be installed in the vehicular access
easernent or tract on a case-by-case basis. At a minimum the vehicular access easernent or
tract rnust have a concrete or asphalt surface at least 20 feet in width;....P.~IYim!~..pg!ying
t~~.hni~m.~.$.J11!lY..Q~..)J~~.d.Qn..P.riY~1~.J9.!lg;n~.h~nd~g.$.ihk.L~..!lnlhQrg.~.d.pY_..1!!~..p.y1?.u~.}Y.9.rk.$.
director and in accordance with Title 16 ... Surface \Vate:r Management.
(3) Streetlights are required at the intersection of a vehicular access easement or tract and a
right-of-way, but not at any other location within the vehicular access easement or tract,
unless specifically required by the public works director.
(4) Notwithstanding any other provision in this chapter, vehicular access easements and tracts
must comply with applicable standards of the serving fire district.
(Ord. No. 07-554, 9 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, 93, 12-15-98; Ord. No. 90-43,
92(110.35(2)),2-27-90. Code 2001 922-1497.)
Exhibit A
NPDES Code Amendments
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