ORD 09-630ORDINANCE NO. 09-630
AN ORDINANCE of the City of Federal Way, Washington, relating to
National Pollutant Discharge Elimination System Phase II Permit
requirements; amending 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 19.135,
"Development Improvements" and Chapter 19.120, "Clearing, Grading
and Tree and Vegetation Retention"; and adding new sections to FWRC
16.50 Discharges to Federal Way Waters and Storm Drainage Systems.
(Amending Ordinance Nos. 07-563, 04-468, 09-593, 99-352, 90-43, 09-597,
07-554, 09-610 and 07-559)
WHEREAS, the Washington State Department of Ecology issued the Western Washington
Phase II Municipal Stormwater Permit (NPDES Permit} on January 17, 2007 pursuant to the
requirements of the Federal Clean Water Act National Pollutant Discharge Elimination System
(NPDES); and
WHEREAS, the NPDES Pernut requires effected cities and counties, such as Federal Way, to
develop a Stormwater Management Program consistent with the terms of the NPDES permit.; and
WHEREAS, the City recognizes the need to periodically modify its development code
language within Federal Way Revised Code (FWRC), in order to conform to state and federallaw,
codify administrative practices, clarify and update zoning regulations as deemed necessary, and
improve the efficiency of the regulations and the development review process; and
WHEREAS, the City needs to make both programmatic and regulatory modifications in order
to meet the requirements of the NPDES Permit, including revisions to development regulations and
regulatory manuals referenced or contained within Titles 13, 14, 16, 18 and 19; and
Ordinance No. 09-630 Page 1 of 41
WHEREAS, this ordinance, containing amendments to the text of Titles 13, 14, 16, 18 and
19 of the Federal Way Revised Code (FWRC), has complied with Process VI review, Chapter 19.80
FWRC, pursuant to chapter 19.35 FWRC; and; and
WHEREAS, the Planning Commission of the City of Federal Way conducted a study session
on these code amendments on May 6,2009; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on
these code amendments on May 20, 2009, and forwarded a recommendation of approval to the City
Council; and
WHEREAS, the Land Use and Transportation Committee of the City Council of the City of
Federal Way held a public hearing on the proposed code amendments on June 15, 2009, and
recommended adoption of the text amendments as recommended by the Planning Commission; and
WHEREAS, an Environmental Determination of Non-Significance (DNS) was issued for the
proposed code amendments pursuant to the State Environmental Policy Act (SEPA) on April 11,
2009 and no comments or appeals were received, and the DNS was finalized on May 1 l, 2009;
WHEREAS, the proposed regulatory code amendments will serve to better protect the City's
natural water resources (i.e. lakes, streams, wetlands and the Puget Sound) in terms of both water
quality and water quantity; and
WHEREAS, the City Council of the City of Federal Way find it in the best interest of the
City to modify the regulatory code to meet the NPDES Permit requirements and that amending these
sections bears a substantial relationship to the public health and safety, or welfare of the people of
Federal Way; is consistent with the applicable provisions of the comprehensive plan; and is in the
best interest of the residents of the City;
Ordinance No.09-630 Page 2 of 41
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section l. Findin�s. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole by: providing stormwater regulations consistent with regional standards;
establishing additional stormwater management techniques in the form of low impact development;
and providing improved protection to our natural waterways.
(b) These code amendments comply with Chapter 36.70A RCW, Growth Management.
(c) These code amendments are consistent with the intent and purpose of Titles 13, 14,
16, 18 and 19 FWRC and v�ill implement and are consistent with the applicable provisions of the
Federal Way Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and not
adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
FWRC.
Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section l, the Federal Way City Council makes
the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of
the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially implement,
the following Federal Way Comprehensive Plan goals and policies:
Ordinance No.09-630 Page 3 of 41
LUG1 Improve the appearance and function of the built environment.
LUP6 Conduct regular reviews of the development regulations to determine how
to improve upon the permit review process.
LUP19 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.
LUP20 Preserve site characteristics that enhance residential development (trees,
water-courses, vistas, and similar features) using site planning techniques such as
clustering, planned unit developments, 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 development that is consistent with the
FWCP and FWRC, and that has no adverse impacts.
HP19 Increase the amount of undeveloped open spaces in both infill and new
development parcels, by expanding the use of cluster development and allowing
housing techniques such as lot averaging, and zero lot line standards.
NEG1 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 natural landforms.
NEP 18 The City shall maintain regulations and standazds to carry out the Surface
Water Management Comprehensive Plan's policy of restricting stormwater runoff
from all new development and redevelopment in order to minimize the potential
for flooding and stream bank erosion, and preserve and enhance development and
redevelopment. City policies, regulations, and standards will meet the
comprehensive stormwater program requirements of the Puget Sound Plan, and
will comply with NPDES permit requirements as applicable.
(b) The proposed FWRC amendments bears a substantial relationship to tlie public
health, safety, and welfare because the proposed regulatory code amendments will serve to better
Ordinance No.09-630 Page 4 of 41
protect the City's natural water resources (i.e. lakes, streams, wetlands and the Puget Sound) in terms
of both water quality and water quantity.
(c) The proposed amendments are in the best interest of the public and the residents of
the City of Federal Way because they bring the City of Federal Way in compliance with Federal
NPDES requirements and provide improved environmental protection to our natural waterways.
Section 3 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 13.15.010 are hereby adopted:
(1) Section R105.2 is amended to read as follows:
Work exempt from 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 deemed to grant authorization for any work to be done in any
manner in violation of the provisions of this code or any other laws or ordinances of
this jurisdiction.
(2) Section R105.2 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 R105.3.2 are amended to read as follows:
An application for a permit for any proposed work shall be deemed 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 R106.1.1 are amended and supplemented by the addition of a new
paragraph to read as follows:
The applicant must supply as much infortnation 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 R106.4.1, 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 R108 have been paid and when changes
to the plans and application are approved, the building official shall issue an"amended
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.
Ordinance No. 09-630 Page S of 41
(6) Sections 110.1 and Rl 10.1 are amended and supplemented by the addition of a second
paragraph to read as follows:
Buildings or other projects au�horized 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 R110.3 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 Rl 10.1 through a properly
executed Limited Access Agreement.
(8) Sections 112.1 and Rl 12.1 ar,e 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 13.05.060.
(9} Sections 112.2 and Rl 12.2 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 Rl 13.2 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 Rl 14.1 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:
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:
Unlawful 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:
Ordinance No.09-630 Page 6 of 41
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.
(18) Clearin� and�rading activities shall be reviewed under FWRC Title 19, Chapter 19.120.
Clearing Grading and Tree and Ve�etation Retention as well as Appendix Chavter J of
the International Buildin� Code All clearin�and grading approvals are subiect to the
provisions of the Surface and Stormwater Management Chapter of Federal Wav Citv
Code.
(Ord. No. 07-563, 1(A), 10-16-07; Ord. No. 04-465, 6, 10-5-04; Ord. No. 99-342, 6, 5-4-
99; Ord. No. 95-234, 1, 6-6-95; Ord. No. 92-143, 3-12, 6-16-92; Ord. No. 90-48, l, 3-
20-90; Ord. No. 90-33, 8— 25, 2-13-90. Code 2001 5-67.)
Section 4. 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 supplementary 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 important historic, cultural, and natural aspects of our national heritage;
Ordinance No.09-630 Page 7 of 41
(e) Maintain, wherever possible, an environment which supports diversity and variety of
individual choice;
fl Achieve a balance between population and resource use which will permit high
standards of living and a wide sharing of life's amenities; and
(g) Enhance the quality of renewable resources and approach the maa�imum attainable
recycling of depletable resources.
(3) The city recognizes that each person has a fundamental.and inalienable right to a healthful
environment and that each person has a responsibility to contribute to the preservation and
enhancement of the environment.
(4) The city adopts by reference the following city codes, ordinances, resolutions, plans and
policies as now exist or as may hereinafter be amended 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 Stormwater 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 IIn; and
(vi) Solid Waste (FWRG Title 11);
(c) The Shoreline Management Guide Book (DOE);
(d) T'he Washington State Flood Reduction Plan (1993 DCD);
(e) Ordinances relating to Surface Water Runoff and Surface Water Management;
fl The Lakehaven Utility District Comprehensive Sewer System Plan;
(g) The Lakehaven Utility District Comprehensive Water System Plan;
(h) The Federal Way Comprehensive Parks, Recreation, and Cultural Services Plan;
(i) The Federal Way Fire Department Long Range Plan;
(j) The Federal Way School District Number 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;
(m) 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;
(o) The Federal Way Comprehensive Surface Water Management Plan;
(p) Washington State Shoreline Management Act of 1971;
(q) The Puget Sound Water Quality Management 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;
Ordinance No.09-630 Page 8 of 41
(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, Sth 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 Prevention 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.)
Section 5 FWRC 16.05.110 "K definitions." shall be amended to read as follows:
16.05.110 K definitions..
"King County Stormwater Pollution £et�ed Prevention Manual (KCSPEPM) a�so 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,
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 departmenf
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.)
Section 6 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 of two meters (seven feet) deep
and greater than 20 acres in size as measured at the ordinary high water mark.
"Landslide" means episodic downslope movement of a mass of soil or rock and includes but is
not limited to rockfalls, slumps, mudflows, and earthflows.
Ordinance No.09-630 Page 9 of 41
"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, manure, fertilizers, oily substances, ashes, kiln
dust, garbage dumpster leakage, etc.
`Zow impact development" (LID) means a stormwater management strategy that emphasizes
conservation and use of existin� features integrated with distributed, small-scale stormwater
controls to more closelv mimic natural hydrolo�ic patterns in residential, commercial, and
industrial settin�s.
(Ord. No. 09-593, 22, 1-6-09; Ord. No. 99-352, 3, 11-16-99. Code 2001 21-1.12.)
Section 7 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 of determinin� water qualitv review requirements "redevelopmenY' 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 determinin� flow control and other stormwater review requirements, the
definition of "redevelopment proiect" identified in the KCSWDM applies.
"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.
Ordinance No.09-630 Page 10 of 41
"Retention/detention facility (R!D)" 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.)
Section 8. FWRC 16.15.010 "Regulated activities." shall be amended to read as follows:
16.15.010 Regulated activities.
The following pro'ect ts or activities are subject to the provisions of this title, unless exempted in
FWRC 16.15.020 �ele�:
(a) Single-family residential or
(b) Projects that add �2,000 square feet or more of new impervious surface, replaced
impervious surface or new plus replaced impervious surface; or
(c) Proiects that propose 7 000 square feet or more of land disturbin ag ctivity; or
(sd) Projects that propose to construct or modify a drainage pipe/ditch that is 12 inches or
more in size/depth, or receives surface and stormwater runoff from a drainage
pipe/ditch that is 12 inches or more in size/depth; or
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(�c� Collection and concentration of surface and stormwater runoff from a drainage area of
more than 5,000 square feet; or
(efl Projects which contain, are adjacent to or directly discharge to a floodplain, stream,
lake, wetland, or closed depression, groundwater recharge area, or other water quality
sensitive area, or a receiving water with a documented water qualitv problem as
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
Ordinance No.09-630 Page 11 of 41
submission 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; or
(€g) 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) 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; or
(�h) �e Projects other than normal maintenance or other than tenant
improvements, but including any increase in gross floor area, in any one consecutive
12-month period which exceeds 50 percent of the assessed or appraised value
(whichever is greater) of the structure or improvement'�°� ~°a°��°'^'�°a; or
a a .,�.o o_+,�o a;,.o,.+,,.. ao�e s�
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oa rr
..4o nli4tr r�r�.+
(i) Pro�ect proposin� $100 000 or more of improvements to an existin� hi�h use site.
jNote• the dollar amount indicated can be adjusted based on the consumer price index as
identified in the KCSWDM in section 1.1.1.1
Redevelopment projects that are subject to water qualiiyimprovements mav phase construction
of the improvements as described in FWRC 19 30120 Non-conformin� water Qualitv.
(Ord. No. 99-352, 3, 11-16-99. Code 2001 21-6.)
Section 9 FWRC 16.20.010 "Manuals and addendum adopted." shall be amended to read as
follows:
16.20.010 Manuals and addendum adopted.
The 2009 King County Surface Water Design Manual (KCSWDM), the Federal Way Addendum
to the King County Surface Water Design Manual, a� the King County Stormwater Pollution
Prevention Manual, and the latest edition of the LID Technical Guidance Manual for
Puget Sound 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, LID Manual and the KCSP�PM.
(Ord. No. 99-352, 3, 11-16-99. Code 2001 21-9.)
Ordinance No.09-630 Page 12 of 41
Section 10. 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 KCSWDM, KCSPEPM. and the LID Manual, 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
KCSWDM, KCSPEPM, and the LID Manual, experimental BMPs should be considered.
Experimental BMPs are encouraged as a means of solving problems in a manner not
addressed by the KCSWDM, KCSP�PM, and the LID Manual 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, 3, 11-16-99. Code 2001 21-10.)
Section 11. 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 16.25.020, 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 16.20.010.
(1) Core requirements.
(a) Core Requirement #1 Discharge at the Natural Location. All surface and stormwater
runoff from a project must 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
from the project site must not create a significant adverse impact to downhill
properties or drainage systems.
(b) Core Requirement #2 Off-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 meet the requirements outlined in �s�e�
the KCSWDM 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 new pervious surface and replacement impervious surfaces
These facilities shall, at a minimum, meet the performance
Ordinance No. 09-630 Page 13 of 41
criteria for one of the area-specific flow control standards and be implemented
according to the applicable flow control implementation requirements described in the
KCSWDM �'°a°-�' �x'�•� aa° Flow control BMP's must be provided as
directed in the KCSWDM.
(d) Core Requirement #4 Conveyance System. All engineered conveyance system
elements for proposed projects must be analyzed, designed, and constructed to provide.
a minimum level of protection against overtopping, flooding, erosion, and structural
failure as specified in the KCSWDM a� a°~'�
(e) Core Requirement #S 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 that are
appropriate to the project site must be applied and performed as described in the
KCSWDM. a i� r ao�,.,-;t,o,� r�,.,..+o,- c�,.�,.�.o
`1 Y 1
a �x�.,., n aaera,,,,., +�.o Trrc�xm,�,r goth temporary and permanent erosion and
sediment controls shall be implemented as described in r''� the
KCSWDM a �x�.,., n aao�a,.,..,. *t, Trrr�xmra
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fl 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 maintenance and operation as described in the KCSWDM
Drainage facilities must 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, must comply with the financial
guarantee requirements in FWRC Title 19.
(h) Core Requirement #8 Water Quality. All proposed projects, including redevelopment
projects, must provide water quality (WQ) facilities to treat the runoff from new and/or
replaced pollution-generating impervious surfaces and pollution-generating pervious
surfaces. Redevelopment proaects may also be rec�uired to provide WQ facilities to
treat existing,.pollution-�enerating impervious surfaces. �kese W� facilities shall be
selected .��n ao�,.ri,�oa r�,.,,.+o_ Q „�+,�o
r �c r
�oao,.,,� �x�.,., n aao�a,,,,., *�.o Trr��xrnr,� and implemented according to the
t�� u�n o.,�� rt,.,,.to,. i Q�„�+t�e �o,�a...,� tx�.,.,
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KCSWDM.
(2) Special requirements.
(a) Special Requirement #1 Other Adopted Area Specifzc 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
Ordinance No.09-630 Page 14 of 41
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.
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 development. 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 �'°a°r�' �x�.,<,
In addition, certain easement requirements (outlined in Chapter 4.1 of the
KCSWDM n �'°a°r� �x'�� n aa° 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 KCSPEPM and the LID Manual, 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
Ordinance No.09-630 Page 1 S of 41
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.)
Section 12. FWRC 16.25.020 "Drainage review." shall be amended to read as follows:
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
16.15.010, and for which city approval, including but not limited to any approval listed in
FWRC 16.15.030, is required.
(2) Type of drainage review required. One of the following ��ree four 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 will result in 2 000 �uare feet or more of new
impervious surface replaced surface or new plus re�laced impervious surface or 7 000
square feet or more of land disturbing activ� AND that meets one of the followin�
criteria:
t� *.�--��3-�e�cex�-eT�k��o .,�..•,.�,v o e,.�o,.
�i The proj ect will result in no more than 10 000 square feet of total impervious
surface added on or after Januarv 8 2001 no more than 5 000 square feet of new
impervious surface and no more than 35 000 square feet of new pervious surface,
OR
�i) The project will result in no more than 10 000 square feet of total impervious
surface added on or after Januarv 8 2001 and its new pervious surface area will
be no more than 35 000 square feet minus 3.25 times the area of new impervious
surface bein�vroposed by the project (for sites lar�er than 22,000 square feet, a
factor of 2.25 may be used instead of 3.25).
Compliance shall be demonstrated through the implementation 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 a redevelopment
Ordinance No.09-630 Page 16 of 41
as determined in FWRC 16.15.010 AND meets one or
more of the following criteria:
�i) The project will result in 2 000 square feet or more of new im�ervious surface,
replaced impervious surface or new plus replaced im�ervious surface but is not
subiect to Small Proiect Draina�e Review as determined in FWRC 16.25.020.
(ii) The project will result in 7 000 square feet or more of land disturbin ag ctivitv but
is not subject to Small Project Drainage review per FWRC 16.25.020.
�iii) The project is a redevelopment project on a parcel or combination of parcels in
which the total of new plus replaced impervious surface is 5,000 square feet or
more and whose valuation of pro�osed improvements (including interior
improvements and excludin�required miti�ation and frontage improvements)
exceeds 50% of the assessed value of the existing parcel improvements.
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 16.25.010.
Lar�e proiect draina�e review. Large project drainage review is applied to
development proposals that are lar�e and/or involve resources or problems of a special
sensitivitv or complexitv. Large project drainage review is required for anv vroposed
project that is subiect to draina�e review as determined in FWRC 16.15.010 AND that
meets any one of the following criteria:
The project would at full build-out result in 50 acres or more of new impervious
surface within a single subbasin or multiple subbasins that are hvdraulicallv
connected across subbasin boundaries, OR
�ii) The project site is 50 acres or more (includin��rowth reserve areas within a
critical aquifer recharge area•
If Large Project Drainage Review is required, compliance shall be achieved throu�h
the implementation of the scope of requirements as specified in Section 1.1.2.4, LarQe
Project Drainage Review, of the KCSWDM.
(sd) Targeted drainage review. Targeted drainage review is required for any proposed
projects, including redevelopment projects, that are subject to drainage review but are
not subject to full drainage review, and which fall into one or more of the following
rp oject categories �ec�s:
TDR Category 1: Proj ects that contain or are adj acent to floodplains or
environmentally sensitive areas; OR projects that propose 7,000 square feet (1 acre if
in Small Project Drainage Review�or more of land disturbing activitv.
TDR Category #2: Projects proposing to construct or modify a drainage pipe/ditch
that is 12 inches or larger in size/depth or receives runoff from a draina�e pipe/ditch
that is 12-inches or more in size/de th.��°: �r ::::�R° =�^°�a;+��
P b Y Y
TDR Category #3: Redevelopment projects as defined in FWRC 19.30.120
If targeted drainage review is required, then the applicant must demonstrate that the
proposed project complies with the selected core and special requirements
Ordinance No.09-630 Page 17 of 41
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.
(In Special Requirement #1 Other Adopted Area-Specific Requirements.
(IIn Special Requirement #2 Floodplain/Floodway Analysis.
(N) Special Requirement #3 Flood Protection Facilities.
(V) Special Requirement #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.
(In Core Requirement #2 Off-Site Analysis.
(IIn Core Requirement #3 Flow Control.
(N) Core Requirement #4 Conveyance System.
(V) Core Requirement #6 Maintenance and Operations.
(Vn Core Requirement #7 Financial Guarantees and Liability.
(VIn Core Requirement #8 Water Quality.
(ii) TDR Project Category #2.
(A) The following requirements apply to proj ects in TDR Category #2:
(n Core Requirement #1 Discharge at the Natural Location.
(In Core Requirement #2 Off-Site Analysis.
(IIn 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:
Core Requirement #7 Financial Guarantees and Liability.
(II) Special Requirement #4 Source Control.
(iii) TDR Project Category #3.
(A) The following requirements apply to the projects in TDR Category #3:
(n Core Requirement #1 Discharge at the Natural Location.
(In Core Requirement #5 Erosion and Sediment Control.
(IIn Core Requirement #6 Maintenance and Operations.
(B) The following requirements apply to projects in TDR Category #3, but have
exemptions or thresholds that may preclude or limit their application to a
specific project:
(n Core Requirement #7 Financial Guarantees and Liability.
(In Core Requirement #8 Water Quality.
(II� Special Requirement #4 Source Control.
Ordinance No.09-630 Page 18 of 41
(N) Special Requirement #5 Oil Control.
(Ord. No. 99-352, 3, 11-16-99. Code 2001 21-13.)
Section 13. FWRC 16.30.020 "Types of adjustments." shall be amended to read as follows:
16.30.020 Types of adjustments.
There are €ett�five types of adjustments, as follows:
(1) Standard adjustments;
(2) Complex adjustments;
(3) Preapplication adjustments;
(�4) Experimental design adjustments;
(45) Blanket adjustments.
The appropriate use for each adjustment type is described in the KCSWDM ��e�e�&l�y
(Ord. No. 99-3�2, 3, 11-16-99. Code 2001 21-18.)
Section 14. 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 €e�five types of adjustments for any
regulated activity requiring drainage review under this title.
(Ord. No. 99-352, 3, 11-16-99. Code 2001 21-19.)
Section 15. FWRC 16.30.040 "Criteria for granting adjustrnents." 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, environmental protection, and
maintainability based on sound engineering judgment.
�If an applicant demonstrates to the director's satisfaction that meeting either the KCSWDM
and Federal Way Addendum requirements, or the requirement to produce a comparable result
will deny the� applicant reasonable use of his or her property, �ke ��roval of the ad�ustment
will re�yuire an adjustment criteria exception to be approved by the Citv of Federal Wav as
Ordinance No.09-630 Page 19 of 41
described in Section 1.4.2 Criteria for Granting Adiustments, of the KCSWDM
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, 3, 11-16-99. Code 2001 21-20.)
Section 16. FWRC 16.30.050 "Experimental 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:
(1) The �experimental 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 of the 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 monitoring to determine
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.)
Section 17. 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 meeting with
public works that an adjustment decision is needed to determine the viability of the
proposed project. There is no application process for blanket adjustments because they are
initiated and issued solely by the city.
Ordinance No.09-630 Page 20 of 41
(2) Submission of application. The completed adjustment request application forms 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 adjustments 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. If a criteria exception is
required for the adjustment the director may require additional engineerin� or information
to document that denial of reasonable use would occur that every effort was made to
achieve compliance and that the best practicable alternative will not cause si�nificant
adverse impacts.
(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 documentation; and
(b) Information describing the need for the blanket adjustment. Typically, blanket
adjustments should apply globally to design or procedural requirements and be
independent of site conditions.
(Ord. No. 99-352, 3, 11-16-99. Code 2001 21-22.)
Section 18. 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 or criteria exception decision by submitting a formal letter 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 maintenance, based upon sound engineering, are fully met;
(b) That there are special physical circumstances or conditions affecting the property such
Ordinance No.09-630 Page 21 of 41
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 of the 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, 3, 11-16-99. Code 2001 21-23.)
Section 19. FWRC 16.35.020 "Maintenance responsibility." shall be amenc�ed to read as
follows:
16.35.020 Maintenance responsibility.
(1) Generally. All stormwater facilities shall be maintained in accordance with this title and
Appendix A and Chapter 6 of the KCSWDM a'"""` c c
'coixrrvvsrc� v j.,..+...
Drainage facilities shall be maintained so that they
operate as intended. Systematic, routine preventive maintenance is preferred.
(2) Public stormwater facilities. The responsibility of the city of Federal Way shall be limited
to maintenance and operation of the 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 stormwater 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 Cha�ter 6 of the KCSWDM*'� a ��x��-, c�
(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.)
Ordinance No.09-630 Page 22 of 41
Section 20 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 Cha�ter 6 of the Trr'e�x'T"`,r+�,° �°a°r�' �xT,,.>
c* a T�^ *°H the approved designs for
t�cvizrr..crccx—c�JCCnr-vpciaccxv�inscirun
stormwater facilities, stormwater permits which may be issued by the city of Federal Way,
the State Department of Ecology, or the Environmental Protection Agency (EPA),
applicable construction standards, and the minimum requirements as stated in the
stormwater 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 ovcmer or
operator of the stormwater 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 sha11 be completed within 30 calendar days of discovery or repair.
(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
stormwater 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, 3, 11-16-99. Code 2001 21-28.)
Ordinance No. 09-630 Page 23 of 41
Section 21. 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 dischar�e of contaminants into surface water, stormwater and groundwater and
outlines preventative measures to restrict contaminants from enterin� such waters, includin�
im lementation of best mana ement ractices BMPs
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 21-35.)
Section 22. FWRC 16.45.030 "Scope." shall be amended to read as follows:
16.45.030 Scope.
This chapter establishes the following water quality standards based on how the water leaves the
subj ect property:
(1) FWRC 16.45.040 establishes water quality standards for water that flows directly from the
subject property into a stream, a lake or Puget Sound.
(2) FWRC 16.45.050 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 system is not regulated by this title. co.,++,� Tr;�,� r,.,,,,�, uo ,+-w
akehaven Utility District Resolution, Midwav Sewer
District Resolution andlor Code of the King Countv Board of Health, Title 13 applies to
water quality in these situations.
(Ord. No. 90-43, 2(115.150(1)), 2-27-90. Code 2001 22-1196.)
Section 23. 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
Ordinance No.09-630 Page 24 of 41
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.
(Ord. No. 90-43, 2(115.150(2)), 2-27-90. Code 2001 22-1197.)
Section 24 FWRC 16.45.090 "Enforcement." shall be amended to read as follows:
16.45.090 Enforcement.
(1) Violations. Notwithstanding the requirements of Chapter 16.50 FWRC and FWRC
16.55.010, if a person has properly designed, constructed, implemented, and is
maintaining BMPs according to the BMP manual, is carrying out AKART as required or
approved by the director, and/or has modified existing practices as specified by the
director, and contaminants continue to enter surface water, 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 of BMPs, or other discharges in
violation of this chapter that allow contaminants to enter surface water, a� stormwater or
groundwater.
(2) Additional rocedures. The director, in consultation with other departments of
Federal Way government, �will develop and implement additional guidance
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 procedures will also include direction on removing the
source of dischar�e notification of appronriate authorities, notification of propertv owner,
and the means of providing technical assistance for eliminatin� the discharge. In addition,
these procedures will include escalatin� enforcement and legal actions.
(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 stormwater, groundwater,
and/or sediment, in accordance with sampling and analytical procedures or requirements
determined 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 environment, the director may summarily and without prior notice abate the
Ordinance No.09-630 Page 2S of 41
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 abatement.
The costs of such summary abatement shall be recoverable via procedures for recovery of
abatement costs as set forth in Chapter 1.15 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.)
Section 25 FWRC 16.50.010 "Illicit connections." shall be amended to read as follows:
16.50.010 Illicit connections.
No person may connect a conveyance system 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. The construction, use, maintenance, or
continued existence for illicit connections to surface water, stormwater, �roundwater or the Pu�et
Sound is prohibited This prohibition expressly includes without limitation illicit connections
made in the past regardless of whether the connection was permissible under the law or practices
applicable or prevailin� at the time of construction.����ka�—�The 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
drainfield.
(Ord. No. 99-352, 3, 11-16-99. Code 2001 21-36.)
Section 26. FWRC 16.50.020 "Prohibited discharges." sha11 be amended to read as follows:
16.50.020 Prohibited discharges.
It is unlawful for any person to discharge contaminants into surface water, stormwater,
groundwater, or the 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;
Ordinance No.09-630 Page 26 of 41
(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 byproducts includin� waste water from concrete saw cuttinQ;
(�27) Silt, sediment, or gravel;
(�28) Dyes (except as described below under "allowable discharges");
(�829) Chemicals not normally found in uncontaminated water;
(�9� Any other process associated discharge except as otherwise allowed in this section;
(�A31) Any hazardous material or waste not listed above.
(Ord. No. 99-352, 3, 11-16-99. Code 2001 21-37.)
Section 27. FWRC 16.50.030 "Allowable discharges." shall be amended to read as follows:
16.SO.Q30 Allowable discharges.
Subject to provisions of the BMP manual, the following types of diseharges shall not be
considered prohibited discharges for the purpose of this title unless the director or his/her
desi�nee determines that the type of discharge, whether singly or in combination with others, is
causing pollution of surface water, stormwater or groundwater:
(1) Natural uncontaminated surface water;
�2) Diverted stream flows;
(3) Spring water;
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(�4) Uncontaminated water from crawl space pumps or footing drains;
�5) Uncontaminated pumped groundwater;
�6) Uncontaminated �roundwater infiltration defined in 40 CFR 35.2005(20);
(7) Flows from riparian habitats and wetlands;
Collected rainwater that is uncontaminated;
(9) Irrigation water from a�ricultural sources that is commin�led with urban stormwater;
Materials placed as part of an approved habitat restoration or bank stabilization project;
Ordinance No.09-630 Page 27 of 41
(311} Discharges resulting from diffuse or ubiquitous sources such as atmospheric deposition;
(�912 Discharges resulting from dye testing authorized by the director;
(13) Air conditionin� condensation;
(-�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 shall evaluate BMPs and the site
plan, where applicable, to restrict recurrence;
(�15) Other types of discharges as determined by the director.
(Ord. No. 99-352, 3, 11-16-99. Code 2001 21-38.)
Section 28. 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.
The followin�tvpes of discharges shall not be considered prohibited dischar�es for the purposes of
this chapter if thev meet the stated conditions, or unless the director or his/her designee determines
that the type of dischar�e, whether singlv or in combination with others, is causing or is likel ��to
cause significant contamination of surface water, stormwater or �roundwater:
�l) Dischar�es from potable water sources, including water line flushing, hyperchlorinated
water line flushing, fire hvdrant system flushin�, and pipeline hydrostatic test water that
have been de-chlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessarv,
and volumetrically and velocity controlled to prevent resuspension of sediments to surface
water, stormwater, �roundwater, or the Puget Sound;
(2) Lawn watering and other irrigation runoff. These dischar�es shall be minimized throu�h, at a
minimum, public education activities and/or water conservation efforts;
(3) Discharges from swimming.pools that have been de-chlorinated to a concentration of 0.1 ppm
or less,pH-adj usted and reoxygenized if necessary, and volumetricallv and velocitX controlled
to prevent resuspension of sediments to surface water, stormwater, groundwater, or the PuQet
Sound;
(4) Street and sidewalk wash water, water used to control dust, and routine external wash down
that does not use detergents (these dischar�es shall be minimized through, at a minimum,
public education activities and/or water conservation efforts);
Ordinance No.09-630 Page 28 of 41
Non-stormwater discharges covered by a separate National Pollutant Dischar�e Elimination
Svstem DES) or State Waste Dischar�e permit provided that the dischar�,er is in full
compliance with all requirements of the permit waiver or order and other �plicable laws and
regulations• and provided that written approval has been granted for any discharge to the
storm drain s, s��tem;
�6) Other stormwater discharges. The discharges shall be in compliance with the requirements of
a stormwater pollution preventionplan�SWPPP) reviewed and approved bv Surface Water
Management which addresses control of such discharges bY appl n�ng AKART to prevent
contaminants from enterin� surface water stormwater groundwater, or the Puget Sound.
Section 29 FWRC 16.55.010 "Stormwater Pollution Control Manual." shall be amended to
read as follows:
16.55.010 Stormwater Pollution Prevention Manual.
(1) General. The King County Stormwater Pollution �e�Prevention Manual (BMP
manual), 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. Compliance with this section shall be achieved_throu�h
the use of best mana e�ment practices described in the BMP manual. 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 stormwater or groundwater, the director or his/her
designee 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,
Ordinance No.09-630 Page 29 of 41
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.)
Section 30. 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 of FWRC 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 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 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 director
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 is being implemented and maintained
according to the plan;
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f
(�4� An approved forest practices application has been approved by the Washington State
Departrnent of Natural Resources for forest practices, with the exception of forest
practices occurring on lands platted after January l, 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;
(g5) The director 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.)
Ordinance No.09-630 Page 30 of 41
Section 31. FWRC 18.60.050 "Streets and rights-of-way." shall be amended to read as
fallows:
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 types "�as described for this purpose in the Development
Standards �"�'pr 2 G.''��. 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 19.135 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 such as permeable surfacing and on-site stormwater manaQement
facilities are encouraged where a�pro�riate based on existin� site conditions and when
approved by the Cit�
(�4� 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.
(45) All traffic control devices within a land division shall be provided by the developer as
required by the director of public works.
(�6) 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� 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.)
Section 32. FWRC 18.60.080 "Storm drainage." shall be amended to read as follows:
18.60.080 Storm drainage.
(1) All land divisions shall be provided with an adequate storm drainage system designed and
constructed in accordance with the surface water management requirements in FWRC
Title 16, and the storm and surface water utility requirements in FWRC Title 11, Division
III.
Ordinance No.09-630 Page 31 of 41
(2) As required by the director of public works, land divisions shall provide stortnwater
detention or retention facilities. Such required systems should include biofiltration swales,
oiUwater separation devices, or any other appropriate systems approved by the public
works director. LID best management practices are encoura��ed when site and soil
conditions make it a feasible option LID facilities shall be designed and constructed in
accordance with the provisions of Title 16 Surface Water Mana�ement.
(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.)
Section 33 FWRC 19.05.120 "L definitions." shall be amended to read as follows:
19.05.120 L definitions.
"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 limited 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.
`Zand 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
movement and displacement of earth, topsoil, rock, bark and similar substances done in
conjunction with the planting, removal and maintenance of vegetation.
"Landward means toward dry land.
`Zinear 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 andlor
unimproved rights-of-way.
`Zot" 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 minimum 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.
"Low impact development (LID) means a stormwater management strateg�v that emphasizes
conservation and use of existing features inte�rated with distributed small-scale stormwater controls
to more closely mimic natural hvdrolo ig_c patterns in residential commercial and industrial settings.
Ordinance No.09-630 Page 32 of 41
(Ord. No. 09-593, 24, 1-6-09. Code 2001 22-1.12.)
Section 34. FWRC 19.120.3 (New Clearing, Grading, and Tree and Vegetation Retention
Code) "Exemptions." shall be amended to read as follows:
19.120.030 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. Clearin
and gradin� activities are also subject to review under A�pendix Chapter J of the International
Buildin� Code.
The following actions shall be exempt 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 of the
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 minimum
necessary to obtain the desired information.
(5) Normal maintenance 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 paxt 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
Ordinance No.09-630 Page 33 of 41
of FWRC 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 stormwater 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-XX18.1 and subject to criteria a-c
of this section.
flRemoval of trees with a dbh of six inches or greater that will result in the subject property
falling below the minimum tree units per acre standard per Table 19.120-XX18.1 shall
require planting of replacement trees as necessary to meet the minimum 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 of the 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 stormwater 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 et seq.
(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.
(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 of trees as defined in FWRC 19.05 Definitions, is considered
tree removal, not maintenance.
(12) Removal of overhanging vegetation and fire hazards, or removal of invasive species,
hazard trees, nuisance vegetation, or dead, dangerous, or diseased trees when authorized
by the director or his/her designee.
(13) Removal of trees 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) Removal of trees on sites zoned City Center-Core (CGC) and City Center Frame (CC-F).
Ordinance No.09-630 Page 34 of 41
(Ord. No. 09-610)
Section 35. 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:
19.120.060 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 of the Federal Wav Revised Code, "Surface
Water ManaQemenY'.
(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;
(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) Proj ects that will not be completed within 12 months 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:
Ordinance No.09-630 Page 35 of 41
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,
commencement of clearing, grading and tree/vegetation removal activity.
b. Phased clearing, grading and tree/vegetation removal shall be required for all
proj ects 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.
(Ord. No. 09-610)
Section 36. FWRC 19.125.040 "General landscapirig requirements All zones." sha11 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 encouraged to use parking lot landscapin� as on-site
LID stortnwater infiltration facilities unless such techniques are infeasible. LID
stormwater infiltration facilities shall be desi�ed and constructed accordance with Title
16 Surface Water Mana eg ment•
(2) Type IV Landscaping. Type IV landscaping shall be provided within surface parking areas
as follows:
(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.
Ordinance No.09-630 Page 36 of 41
(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.
Figure 7 FWRC 19.125.070(3)
(3) Landscape islands. Landscape islands shall be a minimum size of 64 square feet and a
maximum of 305 square feet, and a minimum width of six feet at the narrowest point for
islands at the end of 90-degree parking rows, three feet at the end of rows with angled
parking, and eight feet in width for islands used to separate head-to-head parking stalls and
shall be provided at the 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.
Ordinance No.09-630 Page 37 of 41
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Figure 8 FWRC 19.125.070(4)
(5) Parking areas/screening for 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 perimeter landscape areas.
(6) Vehicular overhang. Vehicular overhang into any landscaping area shall not exceed two
feet.
Figure 9 FWRC 19.125.070(6)
Ordinance No.09-630 Page 38 of 41
(7) Landscaping and irrigation.
(a) All landscape islands within parking areas shall use drought-tolerant trees, shrubs and
groundcovers. The use of plants native to the Pacific Northwest is encourag�ed. Lawn
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, 3(Exh. A), 7-3-07; Ord. No. 93-170, 4, 4-20-93. Code 2001 22-1567.)
Section 37. 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 t� does not have adequate width for the
installation of the improvements required by this chapter, the public works director shall
determine the nature and extent of the improvements to be installed in the vehicular access
easement or tract on a case-by-case basis. At a minimum the vehicular access easement or
tract must have a concrete or asphalt surface at least 20 feet in width. Pervious pavin�
techniques may be used on private roads where feasible, as authorized b�e�ublic works
director and in accordance with Title 16 5urface Water Mana eg ment.
(3) Streetlights are required at the intersection of a vehiculax 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, 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, 3, 12-15-98; Ord. No. 90-43,
2(110.35(2)), 2-27-90. Code 2001 22-1497.)
Section 38. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection, sentence,
Ordinance No.09-630 Page 39 of 41
clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 39. Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereta
Section 40. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 41. Effective Date. This ordinance shall take effect on February 16, 2010.
PASSED by the City Council of the City of Federal Way this 20th day of October, 2009.
CITY OF FEDERAL Y
M YO JAC DOVEY
ATTEST:
�/u /i
o f i
APPROVED AS TO FORM:
CITY ATTO PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 9-29-2009
PASSED BY THE CITY COUNCIL: 10-20-2009
Ordinance No.09-630 Page 40 of 41
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
09-24-2009
02-16-2010
09-630
Ordinance No.09-630 Page 41 of 41